Do i need a lawyer filing for spouse? Need help deciding.

[pinoyako10 3]

Hi i just need advice for my situation. I got my greencard through marriage last 2009 and got divorce 2012 but i already have a 10 year greencard by that time. 2012 i got married again to

another girl and she had a previous approve k1 but she didnt she didnt pursue on the k1 bec they broke up. And now i filed for citizenship through 5 year rule and after oathtaking i plan to petition my wife. Base on what i have read i dont need a clear and convincing evidence after 5 years? Do you think i need a lawyer to file for i130 for my wife? What do you guys advice? Bec lawyer is expensive.

Thanks

[aaron2020 11,651]

You do not need a lawyer.

You should get one if you have big red flags for immigration fraud, don't have the patience or skills to research, read and follow instructions, or want a lawyer to oversee the case.

[pinoyako10 3]

Thank you for the reply

[pushbrk 12,881]

Hi i just need advice for my situation. I got my greencard through marriage last 2009 and got divorce 2012 but i already have a 10 year greencard by that time. 2012 i got married again to

another girl and she had a previous approve k1 but she didnt she didnt pursue on the k1 bec they broke up. And now i filed for citizenship through 5 year rule and after oathtaking i plan to petition my wife. Base on what i have read i dont need a clear and convincing evidence after 5 years? Do you think i need a lawyer to file for i130 for my wife? What do you guys advice? Bec lawyer is expensive.

Thanks

Whether professional assistance is needed depends on both the circumstances of your individual case and your personal ability to read carefully, interpret literally and follow detailed instructions. Your willingness to do significant study and attend to detail is critical as well.

[Zedayn 485]

Why do you think you need a lawyer? Unless your case is overly complicated, then no you don't need one. I wouldn't waste my money on a lawyer when I can do it just as easy myself.

[pushbrk 12,881]

Why do you think you need a lawyer? Unless your case is overly complicated, then no you don't need one. I wouldn't waste my money on a lawyer when I can do it just as easy myself.

IMO, this is an extremely naive response. The respondent knows nothing at all about the OP's capabilities, skills or aptitude and how those match up with the task at hand. Lot's of folks do it themselves. Lots of those screw it up because they are not prepared to do what it takes to learn what they need to learn. Others simply don't have the necessary skills. Maybe read that light blue tagline in my signature and let it sink in.

[Zedayn 485]

The process isnt rocket science. If you can read forms and follow instructions, and ask questions when you dont know or understand something, then you will be just fine doing this on your own.

[pushbrk 12,881]

You don't know that about the OP. That's my point. However, there's much more too it than that. One must have the dedication to diligently and continually search out ALL the necessary information, not just be capable of doing so. One must be willing to engage in significant study. It is not good enough to be "able" to ask questions. If you don't do the study, you won't know what you don't understand because you never gave yourself the opportunity to misunderstand or be confused. Ability to "read" instructions isn't good enough if you don't know you need to download and study them. Many download the form and never the instructions. There are more pitfalls than newbies just starting out, or even those who have completed their own process recently can even imagine.

Your oversimplification is dangerous.

Edited March 21, 2014 by pushbrk

[Zedayn 485]

I also see from your point, and you are right I don't know how the OP's mindset is or how easy or how diligent they are in finding the correct information and using it correctly. I do disagree the need for "significant study", you need to read the instructions (in the instructions and the form itself) and answer appropriately. The instructions are made to be as clear as possible to the average person, and each update of the forms they are made even more clear or easier to fill out. The point I am trying to make is that a lawyer is not required for a simple case, or rather a case without significant complications. If the average person going through the process isn't comfortable doing this on their own, then by all means get a lawyer. But the lawyer isn't going to do much more than fill out forms for you. You will still be responsible for gathering all the information and evidence needed.

My oversimplification may be dangerous, as you said, but your over complication may be more costly (in terms of time and money) than what is necessary.

[pushbrk 12,881]

I also see from your point, and you are right I don't know how the OP's mindset is or how easy or how diligent they are in finding the correct information and using it correctly. I do disagree the need for "significant study", you need to read the instructions (in the instructions and the form itself) and answer appropriately. The instructions are made to be as clear as possible to the average person, and each update of the forms they are made even more clear or easier to fill out. The point I am trying to make is that a lawyer is not required for a simple case, or rather a case without significant complications. If the average person going through the process isn't comfortable doing this on their own, then by all means get a lawyer. But the lawyer isn't going to do much more than fill out forms for you. You will still be responsible for gathering all the information and evidence needed.

My oversimplification may be dangerous, as you said, but your over complication may be more costly (in terms of time and money) than what is necessary.

May be, shmay be. You don't know if this is an "average person". You're early in your fiancee's immigration process. This is a spouse process, not a fiancee process. This case has complications that will bring extra scrutiny. This always happens when the petitioner immigrated through marriage themselves. How much more scrutiny and how much more complicated requires professional assessment , IMO, BECAUSE, there are many pertinent questions, the OP won't know to ask himself. You don't know it's a simple case but more important the newbie just starting out that is the OP here, doesn't yet know whether he has a simple case or not.

Your point that a lawyer is not required for a simple case or a case without significant complications is false. Whether professional assistance is needed, depends just as much on the petitioner and the factors I already mentioned as it does the circumstances of the case. Neither USCIS or Dept. of State, "requires" anybody to hire professional assistance, but that has nothing to do with whether any individual would be wise to do so.

[Zedayn 485]

May be, shmay be. You don't know if this is an "average person". You're early in your fiancee's immigration process. This is a spouse process, not a fiancee process. This case has complications that will bring extra scrutiny. This always happens when the petitioner immigrated through marriage themselves. How much more scrutiny and how much more complicated requires professional assessment , IMO, BECAUSE, there are many pertinent questions, the OP won't know to ask himself. You don't know it's a simple case but more important the newbie just starting out that is the OP here, doesn't yet know whether he has a simple case or not.

Your point that a lawyer is not required for a simple case or a case without significant complications is false. Whether professional assistance is needed, depends just as much on the petitioner and the factors I already mentioned as it does the circumstances of the case. Neither USCIS or Dept. of State, "requires" anybody to hire professional assistance, but that has nothing to do with whether any individual would be wise to do so.

I am not just starting the process. I've been through this process before. I can agree that because this is a spouse process that maybe its a bit more difficult than a fiancé process, but still not to the point of needing the assistance of a lawyer. I don't know the complete intricacies of the OP's case, I only know from the little information provided and that alone doesn't constitute a difficult case at all.

You are contradicting yourself just a bit in your last paragraph: Your point that a lawyer is not required for a simple case or a case without significant complications is false. ..Neither USCIS or Dept. of State, "requires" anybody to hire professional assistance...

A lawyer is not required, advisable maybe, but not required.

[pushbrk 12,881]

In English, we write in complete sentences for a reason. Required, need, wise to do so, should etc. are not the same thing. You used the word "need" in the beginning. You do NOT KNOW the OP's needs.

[novedsac 355]

I would chime in that the forms and requirements are fairly easy to understand, however, if you're in doubt and/or have a particular situation that causes concern, then legal consult and/or review would be helpful. You should make your best attempt to gain an understanding of the process because a lawyer is only going to advise; you must make the decision.

For myself, I utilize a paralegal to fill out forms and collate documents - my time is worth more than she charges - I review and sign and submit.

[pushbrk 12,881]

I would chime in that the forms and requirements are fairly easy to understand, however, if you're in doubt and/or have a particular situation that causes concern, then legal consult and/or review would be helpful. You should make your best attempt to gain an understanding of the process because a lawyer is only going to advise; you must make the decision.

For myself, I utilize a paralegal to fill out forms and collate documents - my time is worth more than she charges - I review and sign and submit.

You point out another common reason people hire professionals to help with the process. Besides already knowing the process, many folks consider their time better spent with other things.