Lawyer conflicting with VJ recommendations

[Hq1987 5]

Greetings,

 

I met with an immigration lawyer last weekend so that I can prepare our K1 documents as well as have some questions answered. Our situation isn't complicated, but we figured its would be best to be safe than sorry and hire a lawyer. She is a competent and well informed lawyer (based on many online reviews) who has handled many K1 cases in the past. She was very confident and straight to the point in what she was saying.

 

I had already done research on VJ and read lots of peoples stories as to what information needs to be submitted with the I129F. However, when I relayed this information to the lawyer, she had a different stance, as follows:

 

1) Copy of Letter of Intent : She said that my fiance can send his signed letter through email, then we can either print it or scan it; it doesn't have to be the original version. She also said she handled many cases where the letter of intent was the scanned copy and it got approved. On VJ however, it was noted that the fiance has to send his/her letter of intent by mail because it HAS to be the original version or else there will be an RFE

 

2) Labeling pictures: She said labeling pictures with the date and location isn't necessary for the initial stage, but for the interview, it would come in handy. People on VJ make it seem that if you don't label the pictures you will also get an RFE.

 

3) Texts, call logs, video chats: Again, she mentioned that this would be useful during the interview but not in the filing stage. She also said that submitting copies of texts/call logs/video chats might give the impression to consular or visa officers that we might be "trying too hard" , which could raise some eyebrows or cause suspicion.

 

4) Statement from parents: She told me to get a signed statement from both our parents that we met and they know that we want to get married. This is not something I'm seeing on the VJ website that people do, how come?

 

So VJ members, is she making valid points, or is she wrong on all of these statements? I understand lots of people on here choose to file without a lawyer, so they may be extra cautious than usual by front loading their application or being paranoid over the little things. But for anyone who has been through this journey before or has knowledge about the issues I brought up, your feedback/insight would be greatly appreciated.

 

Thank you! 

 

[Dashinka 24,505]

7 minutes ago, Hq1987 said:

Greetings,

 

I met with an immigration lawyer last weekend so that I can prepare our K1 documents as well as have some questions answered. Our situation isn't complicated, but we figured its would be best to be safe than sorry and hire a lawyer. She is a competent and well informed lawyer (based on many online reviews) who has handled many K1 cases in the past. She was very confident and straight to the point in what she was saying.

 

I had already done research on VJ and read lots of peoples stories as to what information needs to be submitted with the I129F. However, when I relayed this information to the lawyer, she had a different stance, as follows:

 

1) Copy of Letter of Intent : She said that my fiance can send his signed letter through email, then we can either print it or scan it; it doesn't have to be the original version. She also said she handled many cases where the letter of intent was the scanned copy and it got approved. On VJ however, it was noted that the fiance has to send his/her letter of intent by mail because it HAS to be the original version or else there will be an RFE

 

2) Labeling pictures: She said labeling pictures with the date and location isn't necessary for the initial stage, but for the interview, it would come in handy. People on VJ make it seem that if you don't label the pictures you will also get an RFE.

 

3) Texts, call logs, video chats: Again, she mentioned that this would be useful during the interview but not in the filing stage. She also said that submitting copies of texts/call logs/video chats might give the impression to consular or visa officers that we might be "trying too hard" , which could raise some eyebrows or cause suspicion.

 

4) Statement from parents: She told me to get a signed statement from both our parents that we met and they know that we want to get married. This is not something I'm seeing on the VJ website that people do, how come?

 

So VJ members, is she making valid points, or is she wrong on all of these statements? I understand lots of people on here choose to file without a lawyer, so they may be extra cautious than usual by front loading their application or being paranoid over the little things. But for anyone who has been through this journey before or has knowledge about the issues I brought up, your feedback/insight would be greatly appreciated.

 

Thank you! 

 

Here is my take right or wrong. 

 

As to the first item, I agree with the lawyer.  My one and only RFE so far was that I forgot to include my fiancé's letter of intent in the original I129F filing.  My fiancé emailed me the letter and I submitted a copy (not the original) and there was no problem.  Originals are probably the right way to go, but I do not think it is mandatory.

 

We did label the pictures we included in the I129 submission, but I am not sure if it will result in an RFE if you don't.  I think this is a minor item as it doesn't really take a lot of time to do the labeling, so I would do it.

 

I did not include any call logs, or video chats with our submission, but we did have them for the interview, so on this one I tend to agree with the lawyer.

 

For number four, I will defer to those that know the region better.  This might be necessary since your fiancé is Kuwaiti, or depending on the ages of the couple.  In my case, we did not need a statement from our parents.

 

Good Luck!

 

 

[Sukie 1,460]

I don't think the statement from the parents hurts a thing.  If there is an age difference, or a religious difference, or a cultural difference, or the partners are in a same-sex relationship (whatever applies) I think the support of the parents adds weight to the total package.  OP, I think it is a great idea!

 

Sukie in NY

[Kastrs 723]

56 minutes ago, Hq1987 said:

Greetings,

 

I met with an immigration lawyer last weekend so that I can prepare our K1 documents as well as have some questions answered. Our situation isn't complicated, but we figured its would be best to be safe than sorry and hire a lawyer. She is a competent and well informed lawyer (based on many online reviews) who has handled many K1 cases in the past. She was very confident and straight to the point in what she was saying.

 

I had already done research on VJ and read lots of peoples stories as to what information needs to be submitted with the I129F. However, when I relayed this information to the lawyer, she had a different stance, as follows:

 

1) Copy of Letter of Intent : She said that my fiance can send his signed letter through email, then we can either print it or scan it; it doesn't have to be the original version. She also said she handled many cases where the letter of intent was the scanned copy and it got approved. On VJ however, it was noted that the fiance has to send his/her letter of intent by mail because it HAS to be the original version or else there will be an RFE

In the past, not having a wet signature on occasion triggered an RFE; however, it is also true that even historically scanned signatures have gotten through and been approved by USCIS without issue. So as for your LoI, if you happen to have a copy with wet signature ready to mail in then go ahead and send it with your petition, but if it would delay things, go ahead and send in a copy. 

 

2) Labeling pictures: She said labeling pictures with the date and location isn't necessary for the initial stage, but for the interview, it would come in handy. People on VJ make it seem that if you don't label the pictures you will also get an RFE.

Pictures are/always have been considered secondary evidence. I do not recall ever seeing an RFE issued over unlabeled pictures. With that said, it would be to your benefit to label any pictures you do include (make sure to just send a small selection) as those labels will be very beneficial to everyone reviewing your case. The IO will review all the information you have provided and without labels on pictures, there would be no way for him or anyone else reviewing your information to know who is in the picture or anything else about the picture.

 

3) Texts, call logs, video chats: Again, she mentioned that this would be useful during the interview but not in the filing stage. She also said that submitting copies of texts/call logs/video chats might give the impression to consular or visa officers that we might be "trying too hard" , which could raise some eyebrows or cause suspicion.

Here I disagree with your lawyer. Chat logs are one of the best ways to demonstrate an ongoing relationship. I have never heard of a denial because too much evidence was provided, but have seen many denials or people put into AP at the interview for lack of relationship evidence. Also for a K1, how should the embassy get a copy of those chat logs if they are not provided with the initial petition? LACK of relationship evidence raises suspicion, but a demonstration of an ongoing relationship only helps prove your case. I am not saying to print out every single chat you have ever had, but a couple from each month of your relationship would certainly be helpful.

 

4) Statement from parents: She told me to get a signed statement from both our parents that we met and they know that we want to get married. This is not something I'm seeing on the VJ website that people do, how come?

Anyone can write a statement saying they are your parents/parents of the beneficiary, it carries little weight. Also, parental approval is not necessary for the approval of a visa (although disapproval of the family in some cases can raise suspicion, but generally only when there are other red flags). I would say this one could be helpful, but is generally not necessary. I did not have one, I did not provide any statements at all, and had no problems. Most people on this site do not provide a statement from parents.

 

So VJ members, is she making valid points, or is she wrong on all of these statements? I understand lots of people on here choose to file without a lawyer, so they may be extra cautious than usual by front loading their application or being paranoid over the little things. But for anyone who has been through this journey before or has knowledge about the issues I brought up, your feedback/insight would be greatly appreciated.

Lastly, I would say no one is a better advocate for you than you. Your lawyer would not make a stronger argument for your relationship than you will, so unless you have some extreme complexities to your case, trust yourself follow the guides and go ahead and file.

A lawyer would not make the relationship appear any more legitimate than not having a lawyer, and front loading is usually done for good reason (difficult embassy and/or red flags)

Thank you! 

 

 

[Michelle13 39]

I would side with the lawyer over VJ every time.  Not everyone on here gives great advice. VJ is great to get you started,  however you should always fall back on what USCIS and immigration lawyers say. 

 

 

 

[Ebunoluwa 6,136]

1 hour ago, Michelle13 said:

I would side with the lawyer over VJ every time.  Not everyone on here gives great advice. VJ is great to get you started,  however you should always fall back on what USCIS and immigration lawyers say. 

 

 

 

Sadly immigration lawyers make mistakes and do not know it all, whereas collective experience of VJ members reflects
an overall pattern of what is best for most basic issues such as the one mentioned by the OP.
I had to fire my lawyer for being incompetent after I selected him from a list of 40 and emailed and called for most of
their perspectives. Many were just plain wrong with even the basic things.
If I had a penny for every post I read about lawyers messing up cases !
 

[Ebunoluwa 6,136]

8 hours ago, Hq1987 said:

Greetings,

 

I met with an immigration lawyer last weekend so that I can prepare our K1 documents as well as have some questions answered. Our situation isn't complicated, but we figured its would be best to be safe than sorry and hire a lawyer. She is a competent and well informed lawyer (based on many online reviews) who has handled many K1 cases in the past. She was very confident and straight to the point in what she was saying.

 

I had already done research on VJ and read lots of peoples stories as to what information needs to be submitted with the I129F. However, when I relayed this information to the lawyer, she had a different stance, as follows:

 

1) Copy of Letter of Intent : She said that my fiance can send his signed letter through email, then we can either print it or scan it; it doesn't have to be the original version. She also said she handled many cases where the letter of intent was the scanned copy and it got approved. On VJ however, it was noted that the fiance has to send his/her letter of intent by mail because it HAS to be the original version or else there will be an RFE

 

2) Labeling pictures: She said labeling pictures with the date and location isn't necessary for the initial stage, but for the interview, it would come in handy. People on VJ make it seem that if you don't label the pictures you will also get an RFE.

 

3) Texts, call logs, video chats: Again, she mentioned that this would be useful during the interview but not in the filing stage. She also said that submitting copies of texts/call logs/video chats might give the impression to consular or visa officers that we might be "trying too hard" , which could raise some eyebrows or cause suspicion.

 

4) Statement from parents: She told me to get a signed statement from both our parents that we met and they know that we want to get married. This is not something I'm seeing on the VJ website that people do, how come?

 

So VJ members, is she making valid points, or is she wrong on all of these statements? I understand lots of people on here choose to file without a lawyer, so they may be extra cautious than usual by front loading their application or being paranoid over the little things. But for anyone who has been through this journey before or has knowledge about the issues I brought up, your feedback/insight would be greatly appreciated.

 

Thank you! 

 

1. Wet original signature is best but lately no RFE's have been issued that I know of for scanned copies.

2. Label the photos ! USCIS forwards the photos with your file to the embassy, how is the CO supposed to know who
is who doing what where ?
 

3.Front load the petition with quality samples of various means of communication and proof of visits.
Tell your story with relationship evidence.

Many CO's have made up their minds already before the interview and after seeing the file and refuse additional evidence at the interview in high fraud embassies. Fact !
 

4. Sure why not. Affidavits from family are fine.

Make informed decisions and tell your lawyer this is how it will get done, she works for you not the other way around.
 

[FOSSLGRL 63]

1 hour ago, Michelle13 said:

I would side with the lawyer over VJ every time.  Not everyone on here gives great advice. VJ is great to get you started,  however you should always fall back on what USCIS and immigration lawyers say. 

 

 

 

 

I initially went to an immigration lawyer because I was overwhelmed with the process and not knowing how to proceed. He fed me a whole bunch of nonsense about needing a waiver and quoted me an outrageous retainer fee. He wanted my husband (fiance at the time) to start going to expensive therapy sessions and do a bunch of other stuff to prove our "hardship" for the waiver.

 

Instead of going that route, I followed the guides on VJ diligently, did everything myself and had no issues other than one RFE which only set us back a couple weeks.

 

Lawyers aren't Gods and sometimes it's best just to just use your own discretion.

[Zoubir2000 3]

Remember that all of the above opinions are just that: Opinions. I love everyone's response, but the best one for me was that of "Ebunoluwa", specially #3. As it was pointed out, these experiences, DO's and DON'Ts, and even what to present and what not to present vary from one consulate to the other and 1 CO to the other. Strategies also differ, even amongst lawyers, some prefer to FRONT-LOAD their dossiers, Others recommend a "data dump" on the interview date. Personally, I would air on submitting as much proofs/documents as possible, UPFRONT, as some COs may make up their mind before they even walk into the interview room! At the end of the day, it's YOUR call... Salaam & Good Luck!

Edited February 7, 2017 by Zoubir2000

[Roel 7,192]

3 hours ago, Michelle13 said:

I would side with the lawyer over VJ every time.  Not everyone on here gives great advice. VJ is great to get you started,  however you should always fall back on what USCIS and immigration lawyers say. 

 

 

 

You haven't seen yet how many time lawyers gave people wrong advice and they were so shocked when they found this websites and realized the lawyer was wrong.

Not to mention how many times lawyers have people false hope or told them only what they wanted to hear instead of the plain truth. People will tell you everything when you keep paying them. Not saying that's all the lawyers, of course.

 

IMO, basic immigration processes is so easy, the lawyers aren't needed. Unless you have serious red flags or criminal past, etc.

 

[IcezMan_IcezLady 582]

When you are going for a lawyer, ask yourself:

Does this lawyer have experience dealing with someone going through your embassy?

The standard of evidence for proof of bona fide relationship is different per embassy.

I have seen someone with 1 trip and a couple of receipts getting through manila embassy while a suitcase of evidence didn't fly in Accra, Ghana.

Use the advise from fellows from your country to guide you.

[Cryssiekins 976]

Before I came to the US, I worked in the legal industry in Canada.  I know from the limited amount of US paperwork we did in one office that lawyers will always go with exactly what is requested from

USCIS just to cover the absolute minimum requirements.  

 

So, the lawyer advised you correctly, however the collective experiences that members here share also enhances the professional advice.  No two immigration cases are exactly the same.  

 

For me, my husband and I are less than 2 years apart in age, neither of us had been married or had children and we were fortunate enough to live pretty close (just the bridge separating us) that we made a strong case on the minimum requirements (I added 1 picture, 2 receipts and a 1-page document that briefly summarized our relationship) -  our K1 journey was rather quick and very smooth.   

 

Depending on your personal situation, use your judgment to determine what's best to send.  Follow the advice of the lawyer (especially if you paid a retainer) but don't discount the advice and guidance you find here.  A lawyer works for you, so if you want to add something above what she advises, she will follow your instruction.

 

Best wishes!

[geowrian 22,337]

12 hours ago, Hq1987 said:

1) Copy of Letter of Intent : She said that my fiance can send his signed letter through email, then we can either print it or scan it; it doesn't have to be the original version. She also said she handled many cases where the letter of intent was the scanned copy and it got approved. On VJ however, it was noted that the fiance has to send his/her letter of intent by mail because it HAS to be the original version or else there will be an RFE

 

2) Labeling pictures: She said labeling pictures with the date and location isn't necessary for the initial stage, but for the interview, it would come in handy. People on VJ make it seem that if you don't label the pictures you will also get an RFE.

 

3) Texts, call logs, video chats: Again, she mentioned that this would be useful during the interview but not in the filing stage. She also said that submitting copies of texts/call logs/video chats might give the impression to consular or visa officers that we might be "trying too hard" , which could raise some eyebrows or cause suspicion.

 

4) Statement from parents: She told me to get a signed statement from both our parents that we met and they know that we want to get married. This is not something I'm seeing on the VJ website that people do, how come?

 

So VJ members, is she making valid points, or is she wrong on all of these statements? I understand lots of people on here choose to file without a lawyer, so they may be extra cautious than usual by front loading their application or being paranoid over the little things. But for anyone who has been through this journey before or has knowledge about the issues I brought up, your feedback/insight would be greatly appreciated.

1. A wet signature is no longer explicitly required, and no RFEs are known to have been sent for using a scanned/printed one in years. This is possibly just the guide being a little overly cautious and outdated in terms of what is actually practiced anymore.
2. Nothing in the guides says you will get an RFE for not labeling photos. However, why not do it? It takes a couple extra seconds per photo, and makes it simpler for the adjudicating officer.
3. Front-loading is necessary for some embassies. It is not for others. There are soime pros and cons of each strategy. For Kuwait, I would generally suggest front loading as I believe it's a tougher embassy. Again, it is not a requirement of the process to do this - the lawyer is right that this is only asked for later in the process. It's just that given the number of cases we've seen from people who have gone through the process from certain embassies, front-loading can be very beneficial.
4. Affidavits from anybody who know you are fine as supporting evidence. It's not a requirement. The other forms of evidence in the guides are fine as well. Again, the only proof they need for the I-129F is that 1) the beneficiary intend to marry within 90 days of entering the US, and 2) that you meet IMBRA requirements (including having met at least once within the last 2 years).

None of the information really contradicts the guides so much as they either add to it. The only really hard difference is in whether or not a wet signature is required, which has been addressed already.

[Hypnos 6,576]

5 hours ago, Michelle13 said:

I would side with the lawyer over VJ every time.  Not everyone on here gives great advice. VJ is great to get you started,  however you should always fall back on what USCIS and immigration lawyers say. 

Absolutely not. 

 

Not all lawyers are created equal, and a blanket statement indicating you should always trust everything they say 100% is extremely unwise. 

 

Is incorrect information given here? Yes, but almost always will be corrected by someone else. 

 

I've been wrong myself, on occasion. Fortunately someone always comes along to educate me, which I appreciate. 

Edited February 8, 2017 by Hypnos

[Jawaree 717]

Attorneys at times will give wrong info, but I dont think this atty did

each person case , experiences & paper-work differs, so not all

cases are the same, if uncomfortable, or doubtful with an atty do not

retain the individual, also remember different regions embassy at 

times requrements are not the same.