Is this case straightforward enough or do I need a lawyer?

[Just Accept It 0]

Hey guys,

this is my first time posting and I could really use some help with beginning this whole process Luckily, I see so many people willing to help on this forum! I read that many people here suggest not hiring a lawyer and just doing the whole process yourself, but I'm wondering if my case is straightforward enough for that or would there be any difficulties that a lawyer could help with.

This is my case:

My fiancee and I are both students, she's 21. We saw each other twice in the last 2 years, with the last time being a couple months ago. I tried to go to the U.S. on a J-1 visa (student exchange work visa) this summer but I got denied because I failed a year on my faculty and had breaks in my studying. And that was the only reason, I have no criminal record, not even a point on my driver's license, never tried to go to the U.S. before and other people got denied for the same reason. I'm from a country in Eastern Europe for which I heard the K-1 visa is a bit harder to get. And we've been together for about 8 months.

So, are any of these major problems that would require a lawyer's help to get through? We're both young, we're still students, we haven't been together for that long, I got denied for a visa (even though it's for ridiculous reasons) and I'm from Eastern Europe. What do you guys think? Should we do it ourselves or go with a lawyer?

Thanks in advance and good luck to everyone!

[Caryh 5,206]

There is nothing overly complicated about your case that would require a lawyer. The one issue I would bring up is she needs to have income high enough to qualify to bring you to the USA on a fiance visa. This is 125% of the poverty level, and a poor student probably isn't going to have that kind of income. Her family may joint sponsor, if that's accepted at your embassy, a lawyer can't fix that issue, so its still a do it yourself thing.

[HK12 273]

No need for a lawyer, in my opinion.

[Just Accept It 0]

Thank you for the reply!

As for financing, my fiancee's father would be a sponsor and she's looking into finding more co-sponsors. I have some questions about that as well but I guess I'll save them for another topic, right now I'm just trying to get opinions on whether to go with a lawyer or not

Edited June 19, 2014 by Just Accept It

[Caryh 5,206]

Thank you for the reply!

As for financing, my fiancee's father would be a sponsor and she's looking into finding more co-sponsors. I have some questions about that as well but I guess I'll save them for another topic, right now I'm just trying to get opinions on whether to go with a lawyer or not

If you can follow instructions, and fill out forms, the process is fairly simple. A lawyer would just send you a list of things to collect, much like the guides here. Some like a lawyer, because they do not comprehend written instructions well, or panic when trying to do them because so much is riding on the result of doing them correctly. But a lawyer really can't do anything more than what you can do, and we've seen many cases where lawyers don't know what they're doing and actually screw things up. There was a woman here last week, who's lawyer had totally screwed up her case delaying it and putting her husband at risk. Luckily we straightened her out on the process, and she chose to do the rest on her own after wasting some of her money. If you use one, or use a visa service, make sure they know what the heck they're doing.

[Pitaya 2,577]

~duplicate thread removed~

~please refrain from multiple posting of similar topic, consider continuing with similar-themed active thread~

[Just Accept It 0]

Thanks again for your replies!

I tried to post this question in another topic but I guess it's not allowed - if we do decide to go with a lawyer, is it better to use an immigration attorney or go with one of the visa services like Visapro, Visaservice etc.?

Although I see that almost everyone says that we just do it ourselves, so we're still deciding what to do.

[Caryh 5,206]

Thanks again for your replies!

I tried to post this question in another topic but I guess it's not allowed - if we do decide to go with a lawyer, is it better to use an immigration attorney or go with one of the visa services like Visapro, Visaservice etc.?

Although I see that almost everyone says that we just do it ourselves, so we're still deciding what to do.

I've known people to go with some of the visa services with good results. Just make sure you use a good one. Also realize if you do choose to use an attorney (dedicated immigration one definitely) or a service, the process will be longer. They cannot speed things up for you, they get no special place in line, and you'll still have to gather all the required documents and provide those to them. This takes extra time. But you should get the direct guidance that some people prefer when they go through this process. A friend of my wife's has gone from K1 to removing conditions all using the same attorney. They don't know the process at all, its all been handled for them, but they like this.

Personally I like to understand the process, it makes me feel more in control when I learn it and do it myself. But I understand for others, they just want the assurance that they are not missing anything and someone is making sure for them, and don't really care if they understand the process at all. This is great if they're willing to spend a bit more and pick a good outfit to do it for them.

Edited June 19, 2014 by Caryh

[Pitaya 2,577]

Thanks again for your replies!

I tried to post this question in another topic but I guess it's not allowed - if we do decide to go with a lawyer, is it better to use an immigration attorney or go with one of the visa services like Visapro, Visaservice etc.?

Although I see that almost everyone says that we just do it ourselves, so we're still deciding what to do.

~Multiple posting of similar-themed topics is not necessary, and tends to only confuse things. You have a good dialogue going, no need to fragment it over several threads~

(organizer hat off)

Welcome to the forum.

This is primarily a do-it-yourself site, there are likely thousands of folks that have successfully used and folks that continue to use the information available at this site. If your case is straight-forward, with little or no complicating factors, you can certainly do it the VJ way. easily accessible at the top of the forum page. In particular the step-by-step VJ K1 Guide. That was assembled by folks just like you and me, working on their immigration journey.

Good luck on your immigration journey.

Edited June 19, 2014 by A&B

[CowBoE 429]

I would concur with other that I-129F is definitely something that most people can do without too much struggle if you follow the (excellent) instructions post on this site.

However, since your US fiancee need to do most of the work, is she up for the challenge is the question.

Even if you go to attorney or visa specialist, you still can't avoid digging up all the documents and information for them.

So in that case, you might as well just fill out few simple forms and submit it yourself.

This is just a beginning, there are many more documents you will need to submit to get you to the full US citizenship

status later, so I think it's a very good idea that you (and fiancee) start learning this and save thousands of dollars.

There are so many knowledgeable experts on this site that's willing to share the info and guide you.

At a minimum, I would at least attempt it, until proven too challenging...which I think will not be the case.

Best wishes.

[baron555 934]

My fiancee and I are both students, she's 21.

Not an issue.

We saw each other twice in the last 2 years, with the last time being a couple months ago.

Great

I tried to go to the U.S. on a J-1 visa (student exchange work visa) this summer but I got denied because I failed a year on my faculty and had breaks in my studying.

Happens

And that was the only reason, I have no criminal record, not even a point on my driver's license, never tried to go to the U.S. before and other people got denied for the same reason.

Not an issue.

I'm from a country in Eastern Europe for which I heard the K-1 visa is a bit harder to get.

Depends, but usually not an issue.

And we've been together for about 8 months.

Not an issue

So, are any of these major problems that would require a lawyer's help to get through?

No

We're both young, we're still students,

May need a financial cosponsor.

we haven't been together for that long,

My wife and I only met in person for 10 days.

I got denied for a visa (even though it's for ridiculous reasons)

Not an issue.

and I'm from Eastern Europe.

To me, that means your special.....like my wife.

What do you guys think? Should we do it ourselves or go with a lawyer?

Yourselves

Thanks in advance and good luck to everyone!

You'll be fine.

[PabloGarcia 36]

My wife is from Eastern Europe and we had no problems. I hired an attorney for the same concerns you had but it wasn't really worth it. The extent of his involvement was mailing the forms and some checklists and thats about it. The AOS paperwork seems harder and I did that myself and so far no issues there as well.

[Jawaree 718]

She has to sponsor U, not her father, her father can be a ci-sponsor

[Calicolom 266]

You are students in College ? Paperwork should not be a problem then.

[R.bwithlove 1]

With my daughter case, she hire an attorney, her first petition she did not had a attorney her fiancee was interview for 45 minutes and the officer lady said that she did not believe that the relationship was real, she sent the petition back to the USCIS and they let it expired ,my daughter hire a great attorney, her fiancee had his interview it lasted less than 5 minutes and he had his visa the next day, he is here now and he marry my daughter and she hired the Attorney for change of status, she is not taking any chances, fiancee was from Egypt. I believed that the officer takes you serious if you have a good attorney... For my daughter the attorney work for her, I think it depend on what embassy so maybe on some u can do it your self but others you need all the help you can get, the attorney knows the law and your rights and the officers know that!! So what ever decision you make good luck! This is a very difficult process I would take it serious is not as easy as it sounds it took my daughter 3 years to get her then fiancee, I wish she hire an attorney from the beginning and probably she will have saved a lot of stress.