Do we need a lawyer for our K1?

[Pitaya 2,577]

Only you can answer the initial question. This is primarily a DIY site , so you will like hear a lot of "avoid the attorney."

Good luck on your immigration journey.

[NYCruiser 423]

Hi all,

Growing up, I have visited the USA as an unaccompanied minor many times to visit my relatives and for my grandmothers 80th. The last time I used ESTA was when I was 18. ( I am now 24)

Last year, when I was 22 turning 23 - I was on a J1 visa where I met my boyfriend and now we are doing long distance.

Long story short, when I was in New Zealand during my J1 consulate interview - I was initially denied of the J1 visa as that particular consul didn't think I had enough ties to leave the country. Two weeks after that denial, I went for another interview and was approved.

Now my boyfriend and I are in talks of filing for a K1 next year but unsure what to do with my case. Before I left the USA, we spoke with an immigration attorney and advised us the procedure and the cost for his service.

Since joining Visa Journey, I see a lot of people are advising that you can do it all yourself and you don't need a lawyer. In my circumstance where on my record I have a previous denial (even though they approved me 2 weeks later) would it be better that we have a lawyer?

Keeping in mind that I never overstayed, fulfilled and never violated the terms of my J1 and left when it expired etc. I also was approved of a ESTA authorisation which doesn't expire till October 2015 next year as I plan to visit my relatives and boyfriend this Christmas and New Year.

Also - Do you guys think I need to tell them at POE that I have a boyfriend?

Hello,

I did get a lawyer but that was because my fiance was denied three times for a B2 on 214(b) grounds. Not established ties. However, this never even came up either as an RFE or at the Embassy. However, this was disclosed ad nauseam in the letter the lawyer sent with the initial I-129f petition and the DS-160.

The denials you got just as my fiance got have no bearing on the K1. However you say you are coming here for X'mas and New Year? Will the I-129f K1 visa petition have been filed already? I think that would need to be mentioned at the POE as that is a material circumstance. (they might also deny you, I dont know).

Your ESTA was approved you say on the basis of no family ties in the USA. Now with the K1 filing there are family ties...best be honest...or delay the K1 filing?

[NYCruiser 423]

Perfect! Thanks so much for your insight - you're a big help!

Yes, I think thats the same with LAX as it is a main hub, I think if my POE was there I would have a difficult time. My flight will be direct to Dallas.

Philadelphia? Hmmm..even i think sometimes many of the people in the city are not that nice

I would say avoid the attorney blanket statement from us Do it Yourselfers is a standard statement but it would depend on the case really. The second part of the AOS we did it ourselves..it was just a lot of paperwork but VJ gave us the steps needed. Also, the folks on each thread helped us...hence I am on here to help others as much as I can...;-)

[M and C 32]

Personally I don't think you need a lawyer for your K-1 process when the time comes. We did get a lawyer for our K-1 but only because we didn't know about VJ at that time. You can find a step-by-step guide here in VJ. Just be VERY meticulous in the paperwork and you should be alright.

As others have mentioned, at the POE you don't need to volunteer information about you having a boyfriend here. When asked, that's the time you tell them. Just be honest with the purpose of your visit -- to spend time with family and your boyfriend during the holidays, which isn't really unusual. A round-trip ticket would help to prove that you are going back to NZ.

Edited November 8, 2014 by M and C

[Ulink2 7]

Personally I don't think you need a lawyer for your K-1 process when the time comes. We did get a lawyer for our K-1 but only because we didn't know about VJ at that time. You can find a step-by-step guide here in VJ. Just be VERY meticulous in the paperwork and you should be alright.

As others have mentioned, at the POE you don't need to volunteer information about you having a boyfriend here. When asked, that's the time you tell them. Just be honest with the purpose of your visit -- to spend time with family and your boyfriend during the holidays, which isn't really unusual. A round-trip ticket would help to prove that you are going back to NZ.

Our family has never hired a lawyer for all type of paperwork including

- Renew Green Card - stolen (well, my sister-in-law got stolen where she put the stuff in her car)

- Renew Green Card - expired for my oldest brother, he does not intend to live in US so he never takes the citizenship exam

- My brother married to my sister-in-law, and she held student visa -> process went very smoothly, she got her green card very fast.

- Petition to Remove Conditions on Residence or my sister-in-law, she got it without interviewing

- Naturalization (for me, my two brothers, and my mother)

- Apply for passports and proof of citizenship for my sisters (who were under 18 when my mother got her citizenship)

- Apply for I129F - K1, approved with no problem.

We think that all paperwork are simple and straight forward, we do not have any complicated background (criminal records), we believe even the government does not work very effectively they do not reject for no reason.

We just double + triple check the paperwork and what are requirements for each particular form.

We've never provided more information than asked.

Edited November 8, 2014 by Ulink2

[lileepad 3]

Hello,

I did get a lawyer but that was because my fiance was denied three times for a B2 on 214(b) grounds. Not established ties. However, this never even came up either as an RFE or at the Embassy. However, this was disclosed ad nauseam in the letter the lawyer sent with the initial I-129f petition and the DS-160.

The denials you got just as my fiance got have no bearing on the K1. However you say you are coming here for X'mas and New Year? Will the I-129f K1 visa petition have been filed already? I think that would need to be mentioned at the POE as that is a material circumstance. (they might also deny you, I dont know).

Your ESTA was approved you say on the basis of no family ties in the USA. Now with the K1 filing there are family ties...best be honest...or delay the K1 filing?

Hi David,

On my post I said that my boyfriend and I are in talks of filing for a K1 next year and thus no, the I-129F will not be filed and therefore no need to mention at POE? Im only visiting for Christmas and NY.

Sorry I am misunderstanding you? Can you clarify what you mean by "Your ESTA was approved you say on the basis of no family ties in the USA. Now with the K1 filing there are family ties...best be honest...or delay the K1 filing?"

I didn't say that my ESTA was approved on the basis of no family ties? I have no idea why it was approved but Im guessing my ESTA was approved because I have visited numerous times in the past without violating the terms of an ESTA: "Growing up, I have visited the USA as an unaccompanied minor many times to visit my relatives and for my grandmothers 80th. The last time I used ESTA was when I was 18. ( I am now 24). Last year, when I was 22 turning 23 - I was on a J1 visa where I met my boyfriend and now we are doing long distance. "

Thanks

Edited November 8, 2014 by lileepad

[lileepad 3]

Personally I don't think you need a lawyer for your K-1 process when the time comes. We did get a lawyer for our K-1 but only because we didn't know about VJ at that time. You can find a step-by-step guide here in VJ. Just be VERY meticulous in the paperwork and you should be alright.

As others have mentioned, at the POE you don't need to volunteer information about you having a boyfriend here. When asked, that's the time you tell them. Just be honest with the purpose of your visit -- to spend time with family and your boyfriend during the holidays, which isn't really unusual. A round-trip ticket would help to prove that you are going back to NZ.

Salamat/Thank you very much

When you applied for the K1, is it all done online or is it handwritten application forms? Sorry to sound so clueless - but we really are and don't know where to start hence the thought of hiring a lawyer to do the work crossed our minds.

Edited November 8, 2014 by lileepad

[lileepad 3]

Our family has never hired a lawyer for all type of paperwork including

- Renew Green Card - stolen (well, my sister-in-law got stolen where she put the stuff in her car)

- Renew Green Card - expired for my oldest brother, he does not intend to live in US so he never takes the citizenship exam

- My brother married to my sister-in-law, and she held student visa -> process went very smoothly, she got her green card very fast.

- Petition to Remove Conditions on Residence or my sister-in-law, she got it without interviewing

- Naturalization (for me, my two brothers, and my mother)

- Apply for passports and proof of citizenship for my sisters (who were under 18 when my mother got her citizenship)

- Apply for I129F - K1, approved with no problem.

We think that all paperwork are simple and straight forward, we do not have any complicated background (criminal records), we believe even the government does not work very effectively they do not reject for no reason.

We just double + triple check the paperwork and what are requirements for each particular form.

We've never provided more information than asked.

Thank you so much for the insight! When filing for the K1 - is it an online process like the DS 160 or do you have the option to do a handwritten application?

[Pheebs1201 269]

Hello!

Personally I think you will be fine without a lawyer, this site is very helpful and chances are someone knows the answer to any question you might have! That's certainly been my experience

My previous POEs prior to filing for our K1 have been fairly easy and I've mentioned that I'm visiting my boyfriend every time, so try not to worry too much. Just be honest but don't provide unnecessary information. It's such a short trip I doubt they'll be at all concerned. Good luck!

[Lainie B 465]

Thank you so much for the insight! When filing for the K1 - is it an online process like the DS 160 or do you have the option to do a handwritten application?

You download the PDF forms from Uscis.gov and fill them in, and then submit them in the mail. You can type into the PDF form and then print that, or you can print the blank form and fill it in by hand. It's up to you. You will need to sign by hand. Nothing is done online for the I-129f petition.

Once you get your case number you can check the case status online, but you will still receive hard copy notifications in the mail.

It's a straightforward process, just a lot of paperwork. Just follow the USCIS instructions for each form and read the guides here. No need for a lawyer unless you have a difficult case, which you don't appear to.

[JimAndInah 2]

You don't need an attorney for the K1, a friend and I are both in the middle of K1 visas for our fiances and it's a piece of cake if you follow the instructions on this site.

Don't mention your BF at the POE or you could get hassled. It isn't relevant and you have a valid visa. Don't stir the pot by giving them information they don't ask for, they are trained to follow up on things that you mention casually and might drill you in depth about your intentions - they can put you back on the plane if they question your intentions and having been denied at a POE a future visa might be a real problem. Be quiet and enjoy your visit. Since you've behaved yourself and not over-stayed on any of your previous entries you won't have any problem with your K1.

Welcome to the US and best of luck to you and your BF!

[Lainie B 465]

You don't need an attorney for the K1, a friend and I are both in the middle of K1 visas for our fiances and it's a piece of cake if you follow the instructions on this site.

Don't mention your BF at the POE or you could get hassled. It isn't relevant and you have a valid visa. Don't stir the pot by giving them information they don't ask for, they are trained to follow up on things that you mention casually and might drill you in depth about your intentions - they can put you back on the plane if they question your intentions and having been denied at a POE a future visa might be a real problem. Be quiet and enjoy your visit. Since you've behaved yourself and not over-stayed on any of your previous entries you won't have any problem with your K1.

Welcome to the US and best of luck to you and your BF!

When asked at the POE for the purpose of their visit they need to tell the truth. Lying is misrepresentation. They don't need to volunteer information that is not asked for, but they will be asked the purpose of their visit. It is relevant that they are visiting their fiance.

The OP will be fine, people visit boyfriends/girlfriend/fiances/spouses using the VWP all the time, even during the petition process.