Trouble with lawyer in Thailand and i-601

[Mark88 183]

I was told that because of the reason for the k1 denial, it would otherwise be impossible to get approval without one.

I would also recommend a CR1. Instead of trying for K1, I think your chances with getting married and filing then would be better.

Get married and file a CR1. Why on earth would you wait so long?

[slowlyman 118]

Just my two cents,

Was she turned away and banned when she entered under the "temp" Visa? Why are you filing the I-601?

What is a "temp" visa?

You state you were told you needed a waiver. Who told you? The attorney by chance? Keep in mind most attorneys will make things sound more difficult then they are.

Regarding your attorney. #######. Like most things in Thailand, sometimes you just need to walk away and forget about it. It's probably not the first money you have lost. Sure you could pay him a visit. But do you really want him representing you at this point? Maybe he would give you the money back, but it is really worth the heartburn?

If you weren't at the interview or the POE, it is really impossible to know what was or was not said. It sounds like your fiance is educated and probably speaks good English, but I know with my wife sometimes things get lost in translation.

I would do a Google search for an attorney in the US who will do phone consultation for an hourly rate. You can ask a few questions and decide on a course of action. A guy here in town did that and he was quite pleased.

You always have the option of getting married in April then file for a CR-1. Either way, you are looking at 6 months (K-1) to a year. (CR-1)

[rylforever 18]

you might also want to double check on the blue sheet she was given at her interview because my husband needed a waiver also but it said the waiver must be submitted within a year of the interview date.

[David & Diana R 1,005]

Get married and file a CR1. Why on earth would you wait so long?

I agree with Jon and Sol. Now many here are going to say a CR-1 is not better than a K-1 but let me tell you this. It really can't hurt. I would disagree with many k-1'ers who are sure to reply and say it isn't so but...

Good luck and if you really think your present lawyer is not doing what you paid him to do HIRE a new attorney. Forget the money you wasted on the first scumbag. Move on...

Good luck and God Bless

[TEX_715 6]

yeah check on the one year thing, if true go to his office with tourist police. if you can't get any money back time for a credit card?

[ShirahBet 42]

Definitely file for the spousal visa after you get married. The I-601 process is arduous and even though fiances are eligible to file, the advice we got from a lawyer is why or how would there be hardship when you're not even married or related? That's how USCIS sees it.

[Boiler 45,525]

CR1 and a waiver would take a couple of years maybe.

No difference between K1 and CR1 as far as pass rates etc.

I would be hard pushed to think of any properly submitted waivers that were not approved.

[slowlyman 118]

Somebody help me understand why is the waiver even needed? Because she was turned back at the POE?

Edited March 4, 2014 by slowlyman

[ShirahBet 42]

Somebody help me understand why is the waiver even needed? Because she was turned back at the POE?

The OP said she was denied for misrepresentation.

Either way, someone indicated that they'd be hard pressed to think of people who hadn't been approved with K1s vs CR1s, proving hardship for a fiancé is more difficult than for a spouse. The paperwork for the waivers is actually a tad more confusing for fiancés than it is spouses. If think if they are going to move forward, and there is the problem of misrepresentation (of which they indicated a false relationship), why not file for a spousal visa? That gives you more time to come up with hardships and a new lawyer.

If the relationship is meant to last, it'll last through this process... because the waiver, is no cake-walk.

[Boiler 45,525]

No more difficult, not that tricky to put together a waiver, mostly boiler plate stuff.

And a very high success rate.

[ShirahBet 42]

And certainly you are welcome to that opinion. I, for one, didn't find the waiver process to be "mostly boiler plate stuff." But then again, I put time, effort and research into it. Did I think it was as hard as others have made it out to be? No. But as simplistic as that, nope.

Again, have at it. My suggestion buys the guy time. But he could also do nothing while he figures out how to find a lawyer and then file his waivers.

I definitely think consulting someone in the states is the way to go, even if you don't end up using a lawyer to write the waivers, it's helpful to hear what someone thinks of the case and how they would organize it.

[ShirahBet 42]

And certainly you are welcome to that opinion. I, for one, didn't find the waiver process to be "mostly boiler plate stuff." But then again, I put time, effort and research into it. Did I think it was as hard as others have made it out to be? No. But as simplistic as that, nope.

Again, have at it. My suggestion buys the guy time. But he could also do nothing while he figures out how to find a lawyer and then file his waivers.

I definitely think consulting someone in the states is the way to go, even if you don't end up using a lawyer to write the waivers, it's helpful to hear what someone thinks of the case and how they would organize it.

[Boiler 45,525]

Just look at the numbers, there is a reason many Lawyers will give a money back guarantee for non complicated stuff.

[ShirahBet 42]

I'm speaking from experience. And most lawyers don't guarantee outcomes for waivers.

[Boiler 45,525]

Just look at the numbers, there is a reason many Lawyers will give a money back guarantee for non complicated stuff.