To Lawyer or Not to Lawyer

[PostalDuchess 30]

Hi All,

I am getting ready to start my journey with my partner who is a Finnish citizen. We are going to go the K-1 route as it gives us ample time before marrying. We met playing video games in September of 2019 (I know, silly) and I have adored him since. I am a USC and well established here in the US so we feel that him coming here is the best option. Just trying to figure out if I need to hire an immigration lawyer or if this is all straight forward enough that I can sort it myself. Looking for the pros and cons of each.

 

Thanks in advance.

 

[Crazy Cat 41,651]

You didn't ask for this, but have you considered the real differences between a K-1 and CR-1?

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US 
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[Crazy Cat 41,651]

5 minutes ago, PostalDuchess said:

Just trying to figure out if I need to hire an immigration lawyer or if this is all straight forward enough that I can sort it myself

Unless your case is complicated, there is no need to pay an attorney thousands of dollars.  Even with an attorney, you will still be required to do all the legwork in gathering documentation and information.

[PostalDuchess 30]

Just now, Lucky Cat said:

You didn't ask for this, but have you considered the real differences between a K-1 and CR-1?

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US 
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Thanks Lucky Cat, we have been together for almost a year but the K-1 makes sense since we aren't wanting to marry right away. The timeline for processing a K-1 would put us at a point where I feel that makes more sense. I know that this is the more expensive route and the harder one with the adjustment of status but the timeline makes more sense. It's also easier for the family to deal with as opposed to running and getting married. My biggest concern was really should I hire a lawyer to assist or not.

[Crazy Cat 41,651]

3 minutes ago, PostalDuchess said:

My biggest concern was really should I hire a lawyer to assist or not.

Why would you need an attorney?  The guides here are pretty good.  We used an attorney for my wife's CR-1, and it delayed our case by 3 months (due to a mistake by the attorney's office).

 

 

[PostalDuchess 30]

6 minutes ago, Lucky Cat said:

Unless your case is complicated, there is no need to pay an attorney thousands of dollars.  Even with an attorney, you will still be required to do all the legwork in gathering documentation and information.

My case has the potential to be complicated, although none of the questions in the 129f involve the items I could see complications with. I was previously married to an Israeli guy who was already in the US and under removal proceedings. He had been previously married and had filed and I-130 and divorced and then we filed. My marriage was legitimate however, USCIS found his previous marriage to be fraudulent and denied on that. I have been divorced since January 2019 and honestly it left a bitter taste in my mouth as I felt really used and manipulated.

 

Additionally, my Finnish boyfriend that I am with now for almost a year lived in the US as a teenager. Ill compress the longer story quickly. Sasu was born in Russia and lived in a Russian orphanage for the first 6 years of his life. He was eventually adopted by a Finnish family who he ended up hating and ultimately running away from. He was then fostered by the people he calls mom and dad now. They moved to the US for a work opportunity when he was 14 or 15 and brought him with. He went back to Finland when he was 16. After his trip here in March when he spoke to his mother (foster mom) he found out that there may have been something screwy with the visas and how they did it. He was a minor so it shouldn't create an issue hopefully since he had no control over it. He was able to come visit in Feb/Mar.

 

None of the 129f questions revolve around my previous I-130 filing or his past trips to the US. The 485 may need a lawyer but not sure if the 129f did. Sorry. I know it's a ton of info, it's just really important to me that everything here is above board.

[PostalDuchess 30]

4 minutes ago, Lucky Cat said:

Why would you need an attorney?  The guides here are pretty good.  We used an attorney for my wife's CR-1, and it delayed our case by 3 months (due to a mistake by the attorney's office).

 

 

That is really helpful thank you. The last thing I want is further delays because of potential attorney errors. I would like to think that I am capable of not missing anything, I just get nervous since we are talking about matters of life and heart. I absolutely adore my partner and am so looking forward to having a long life with him. I want to do this right and close the gap since the big ocean between us is not sustainable long term. lol

[Crazy Cat 41,651]

Just now, PostalDuchess said:

That is really helpful thank you. The last thing I want is further delays because of potential attorney errors. I would like to think that I am capable of not missing anything, I just get nervous since we are talking about matters of life and heart. I absolutely adore my partner and am so looking forward to having a long life with him. I want to do this right and close the gap since the big ocean between us is not sustainable long term. lol

Under the guides section of this very web site, you can also find K-1 tips....and a K-1 flow sheet.

[geowrian 22,337]

With regard to the former marriage, honestly I can't see where an attorney would really help there. The facts are the facts. They will be overcome with evidence of a legitimate relationship now (mainly time spent physically together).

 

That said, I would suggest taking a look at the CR-1 visa. One of the main items is if a CR-1 visa is refused due to questions about the relationship validity, the petition is returned to USCIS and can be reaffirmed. A visa based upon a reaffirmed petition is not supposed to be refused for the same reason given the same evidence already considered by USCIS. A refused K-1 for the same reason gets sent back to USCIS to expire...it will not get reviewed by policy. So it's essentially starting all over from scratch.

But your choice...just want to present the option not just for the typical pros/cons, but the extra precautions in the event of a refusal of the visa.

 

The lawyer may or may not be helpful in figuring out what exactly happened with the visa situation in the past. A FOIA request may or may not be needed (which can be DIY, but does tend to be a more complicated than the regular, DIY immigration paperwork). Being a child probably won't hold it against him, but specifics will matter.

 

The visa is likely the biggest issue, not the petition or even the I-485 later.

[Crazy Cat 41,651]

2 minutes ago, geowrian said:

but the extra precautions in the event of a refusal of the visa.

Good point.  I am going to add that to my list.

[Lucky2Lucky 2,526]

13 minutes ago, PostalDuchess said:

My case has the potential to be complicated, although none of the questions in the 129f involve the items I could see complications with. I was previously married to an Israeli guy who was already in the US and under removal proceedings. He had been previously married and had filed and I-130 and divorced and then we filed. My marriage was legitimate however, USCIS found his previous marriage to be fraudulent and denied on that. I have been divorced since January 2019 and honestly it left a bitter taste in my mouth as I felt really used and manipulated.

 

Additionally, my Finnish boyfriend that I am with now for almost a year lived in the US as a teenager. Ill compress the longer story quickly. Sasu was born in Russia and lived in a Russian orphanage for the first 6 years of his life. He was eventually adopted by a Finnish family who he ended up hating and ultimately running away from. He was then fostered by the people he calls mom and dad now. They moved to the US for a work opportunity when he was 14 or 15 and brought him with. He went back to Finland when he was 16. After his trip here in March when he spoke to his mother (foster mom) he found out that there may have been something screwy with the visas and how they did it. He was a minor so it shouldn't create an issue hopefully since he had no control over it. He was able to come visit in Feb/Mar.

 

None of the 129f questions revolve around my previous I-130 filing or his past trips to the US. The 485 may need a lawyer but not sure if the 129f did. Sorry. I know it's a ton of info, it's just really important to me that everything here is above board.

It sounds as if you are officially divorced and make sure boyfriend knows about that marriage- nothing else sounds complicated.

Even if your boyfriend was fraudulently in the US he was a minor and went back to his home country so I don’t really see an issue there. Is he able to provide a birth certificate ? Does he have basic info about his parents/legal guardians growing up? 
Personally I wouldn’t waste money on a lawyer if these are your only concerns; unless you have a community based one that charges little to nothing. Even then you are responsible for gathering the information.

[PostalDuchess 30]

My current partner is aware of my previous marriage and everything. I'm just trying to make heads and tails of everything. I had initially hoped I would have a little more support from my family, especially since my mother is from NZ and my dad is American and she has had a green card most of her life. That being said, my parents are skeptical and proving a little tricky. It all feels really overwhelming to be honest. Trying to make the right choice and I'm just not sure what that is. Given traveling with everything going on, not sure how long it will be before I even see Sasu again. Maybe December if we are lucky. It's just sucky to have to wait another 5 months potentially to even get this started.

 

[Limey 551]

2 hours ago, PostalDuchess said:

My current partner is aware of my previous marriage and everything. I'm just trying to make heads and tails of everything. I had initially hoped I would have a little more support from my family, especially since my mother is from NZ and my dad is American and she has had a green card most of her life. That being said, my parents are skeptical and proving a little tricky. It all feels really overwhelming to be honest. Trying to make the right choice and I'm just not sure what that is. Given traveling with everything going on, not sure how long it will be before I even see Sasu again. Maybe December if we are lucky. It's just sucky to have to wait another 5 months potentially to even get this started.

 

Have you met in person? If so you can start immediately.

[PostalDuchess 30]

10 minutes ago, Limey said:

Have you met in person? If so you can start immediately.

Yes, we have. I was in Finland in November and he was here in Feb/Mar.

 

[Limey 551]

1 hour ago, PostalDuchess said:

Yes, we have. I was in Finland in November and he was here in Feb/Mar.

 

So you don't need to wait 5 months to kick this off - assuming you are both free to marry (ie divorces all finalized etc). You can get started now. Obviously its all held up with the pandemic but doesn't hurt to get in the queue now.