Attorneys

[Ash_Koog 0]

I have read some of the nightmares some of you have had with attorneys. I can only imagine what nightmare would arise if I did it, especially with all the particulars of our specific situation. Would those of you who have used attorneys please give names numbers and if you would recommend using them or recommend avoiding them. I have talked to several I found on the net, but I don't know who would be best for us. I don't know what to look for, and I seem to see the good in everyone. A good trait in life, but not so good when looking for someone who could determine our future. I am a worry wart as it is. I am sure I will phone them constantly, So someone easily reachable would be great. Thank you in advance for your help.

[homesick_american 1]

Why do you think you'll need an attorney?

[elmcitymaven 9,712]

Before I even started the process, when I hadn't finalised divorce proceedings with UKC Husband No.1, I went to see an immigration attorney in my hometown just to find out what problems (if any) I might have bringing soon-to-be UKC Husband No.2 over. He had been personally recommended to us by several lawyers, was a friend of a friend, and has a great reputation in town for being the "go-to man" for immigration. One of the first things he said to us was, "I don't think you're going to need me!" which set our minds at ease. He talked us through the ins and outs of K1s and CR1s and convinced us that, as the UK is a low-fraud country immigration-wise, this was going to be a piece of p*ss, if a bit tiring and expensive.

I know some people will automatically look on the internet for an immigration attorney, but unless you know you have a BIG problem (police record, overstay, etc) I don't think it's worth getting someone to work for you on retainer. Fees can rack up very easily, especially if you call them a lot. If you want to talk to an attorney like I did -- just to set your mind at ease, and to be given a little bit of gentle guidance -- having a chat with a local immigration attorney might be worth your while. Ask people locally if there's anyone who has a good reputation. But there are plenty of people here who have never spoken to an attorney and did just fine.

Do you mind sharing what your issue is, as HA asked below? If you do, a more focused recommendation might arise. Good luck on your journey!

[Dan&Tiffany 0]

I have read some of the nightmares some of you have had with attorneys. I can only imagine what nightmare would arise if I did it, especially with all the particulars of our specific situation. Would those of you who have used attorneys please give names numbers and if you would recommend using them or recommend avoiding them. I have talked to several I found on the net, but I don't know who would be best for us. I don't know what to look for, and I seem to see the good in everyone. A good trait in life, but not so good when looking for someone who could determine our future. I am a worry wart as it is. I am sure I will phone them constantly, So someone easily reachable would be great. Thank you in advance for your help.

Seems as though a lot of people report their attorney seemed to slow the process down. We never really looked in to it because we didn't think it would be necessary for us - no special circumstances or anything. Guess it gives some an added peace of mind, but at a nice fee!

P.S. Love the little oval flags in your siggie!

[Ash_Koog 0]

Why do you think you'll need an attorney?

I hope your ready. I have a tendency to be quite long winded. I am currently out of time. I have a five year old. I have many evening commitments, one of which is a second job. I am lucky if I make it home at bedtime. I am already stretched to the max. The whole month of May I had 2 days off. That is just the time issue. On to the rest:

I am currently going through a divorce. We are hoping it will be final by the 15th, we are only waiting on the judge to sign the decree.

I will be filing for bankruptcy within the next month or so and I don't make enough to cover the mandatory minimum for someone with a dependent. The job I was working when we met was eliminated, and I was forced to take a lower paying job. I am now on the job hunt again. I have two job options. If I accept one job I will have to work 3 jobs, and with another I will still have to work 2 jobs.

We have not been together as long as most on VJ. Though I believe I have met my soul mate. I can see how others might think its to soon. We both want the same things out of life and in love, but we may need a little bit of help convincing others that this is a valid relationship. I am not sure we have enough evidence since you can't put your feelings out on the table for them to see. Since he is on the road or sleeping all the time we don't really email. We talk on the phone. minimum 2 times a day, and text constantly when is isn't working nights. Out of four trips here (3 while he was working and one for vacation) including the one we met, we don't have any pictures yet. All we have with those are his DOT log book, but those are filled out by him. The fuel reciepts only prove he was in town. Not that he was with me. I do save most of my texts from him ( they are so sweet.) but I recently changed phones and gave him the one the texts were on, so we could talk for free when he was in the states, He has resent them to me from that phone but they are now date stamped with a new date.

He is a UKC but has lived and worked in many different countries on work visas. He is currently in Canada working for a trucking company. He doesn't have a criminal record, But getting all the police documents from all the different countries is going to be tough task, and could take quite a bit of time in itself. I don't even know if that is something an attorney could help with.

I have printed and read all the guides offered by VJ, along with USCIS.com and STATE. gov. I have a binder with everything I have printed. I am a bit dislexic, and have a hard time understanding what I read. I look at the guides every day, and every day I think it says something else. I am afraid that if I try to do this on my own something is going to go wrong, and no one will be able to fix it, and we will have no choice but to move out of the country to be together.

Where I am currently, with my 5 year old and his father, my bills, my house. I can't leave to be with him. Though lord knows I have thought about it. Dropping everything, taking my little one, and just going.

We would have plans to get married as soon as my divorce was final if we didn't know it would take even longer to get him here.

We know about what it could cost to have an attorney, but for us it is more important to be together, Than to eventually be together with money. We can always earn more money. But you can't get back lost time. .

[Kang Lang 7]

i'm a bit long winded as well but the first thing i want to say is none of us here would have the right to judge your choice. it's just nice you have found the right person. good luck to you both.

i have an attorney and it is some of the worst money i have ever spent on a service and in fact my attorney is a BIG BIG waste of time for the following reasons:

1) incredibly inaccurate and lacks common sense, here are some examples my boyfriend lives in thailand so why for in the heck would she put a san francisco work number for him? they included a visit to thailand that didn't exist. (and my bf and i stupidly didn't proof read carefully i started going over it all with a fine tooth comb after i found multiple mistakes) so we signed off and are now at the mercy of the CO for our interview to understand it was a mistake. they on almost all of his biographical info/forms etc put an expired passport (i would think it would be normal course for the attorney to advise you to make sure the passport is good etc.) but the passport was NOT expired thailand allows extensions and his is in his passport (of which they have a copy)

2) they are very lackadaisical once they have your money. of course like anyone filing a petition i am anxious to be reunited and willing to get anything they need to them asap to hurry the process along. it's not the same for them, when our petition left the nvc, i asked if they would start preparing packet 3 so that we could turn it around quickly, the reply was "we don't have it" so i said it's on the embassy website, "well let's just wait for the packet"

3) i think they know they stink so they build the aos into the bill too so there is no incentive for them to be more responsive either, we are stuck together for awhile.

there are countless things but i am just trying to paint a picture i realize not all attorneys are created equal but there are more than enough bad stories that had i known about this website and the support/instructions you can find here i would have done it myself.

anyways good luck to you whichever way you go!

[Fandango 1,439]

Ash, I think your major hurdle is in the financial department re: poverty guidelines. I'm not here to advise you whether to use a lawyer or not, but if you think a lawyer will be able to circumvent that requirement, I personally don't think that would be of any help waiver-wise.

Good luck!

[homesick_american 1]

I am currently going through a divorce. We are hoping it will be final by the 15th, we are only waiting on the judge to sign the decree.

Irrelevant. Once the divorce is final, you're free to marry again just like anyone else.

I will be filing for bankruptcy within the next month or so and I don't make enough to cover the mandatory minimum for someone with a dependent. The job I was working when we met was eliminated, and I was forced to take a lower paying job. I am now on the job hunt again. I have two job options. If I accept one job I will have to work 3 jobs, and with another I will still have to work 2 jobs.

Your credit history doesn't matter, but your income does. As far as I know, a lawyer can't help you skirt around the poverty guidelines requirement. You CAN use a co-sponsor if your income does not meet the minimum guidelines. The co-sponsor can be any US citizen; they do not have to be related to you.

We have not been together as long as most on VJ. Though I believe I have met my soul mate. I can see how others might think its to soon. We both want the same things out of life and in love, but we may need a little bit of help convincing others that this is a valid relationship. I am not sure we have enough evidence since you can't put your feelings out on the table for them to see. Since he is on the road or sleeping all the time we don't really email. We talk on the phone. minimum 2 times a day, and text constantly when is isn't working nights. Out of four trips here (3 while he was working and one for vacation) including the one we met, we don't have any pictures yet. All we have with those are his DOT log book, but those are filled out by him. The fuel reciepts only prove he was in town. Not that he was with me. I do save most of my texts from him ( they are so sweet.) but I recently changed phones and gave him the one the texts were on, so we could talk for free when he was in the states, He has resent them to me from that phone but they are now date stamped with a new date.

You'll need photos to properly document your relationship, but at least you have met face to face. Some people on here haven't.

He is a UKC but has lived and worked in many different countries on work visas. He is currently in Canada working for a trucking company. He doesn't have a criminal record, But getting all the police documents from all the different countries is going to be tough task, and could take quite a bit of time in itself. I don't even know if that is something an attorney could help with.

I wouldn't bother; he can request those himself. I think anywhere he has lived for more than six months, he will need one. He should get started on getting them from Canada and the UK right away.

I have printed and read all the guides offered by VJ, along with USCIS.com and STATE. gov. I have a binder with everything I have printed. I am a bit dislexic, and have a hard time understanding what I read. I look at the guides every day, and every day I think it says something else. I am afraid that if I try to do this on my own something is going to go wrong, and no one will be able to fix it, and we will have no choice but to move out of the country to be together.

People here are just as good as a lawyer, and they're free. A lot of lawyers don't know sh!t about immigration law and all many of them will do is waste your money and make everything take longer.

We would have plans to get married as soon as my divorce was final if we didn't know it would take even longer to get him here.

He could come to the USA and you could marry, though he could not stay and adjust his status. He'd have to go back to the UK for his application to be processed. The K-1 visa is for him to come to the USA, marry, and remain there to adjust his status. He can get married on a tourist visa, though that presents its own difficulties.

We know about what it could cost to have an attorney, but for us it is more important to be together, Than to eventually be together with money. We can always earn more money. But you can't get back lost time.

Given what people here have experienced with lawyers, things will go more quickly if you don't use one. In a straightforward case like yours without a criminal background or previous visa overstays, a lawyer IS NOT NECESSARY. I think you would be wasting your money. This site is a free resource. Use it.

Since you're clearly in the market for a K-1 visa for your fiance, I suggest that you post these specific questions in that forum. It's very active and you'll get a lot of help.

[Fandango 1,439]

I recall one couple on here being approved without submitting pictures.

Pictures are technically secondary evidence anyways, but hoo lawdy, I don't wanna revisit THAT particular discussion!

[Ash_Koog 0]

Thank you ALL for your Help.

I knew I would need a co-sponsor. Does anyone know if the sponsor just has to make up the difference from what I am lacking or how that works or what the co sponsor would need? or where I should post this particular question. I thought it was like one big board. separated by countries. I still have a bit to learn about this site. lol. if anyone has suggestions please let me in on the goings on.

Given what people here have experienced with lawyers, things will go more quickly if you don't use one. In a straightforward case like yours without a criminal background or previous visa overstays, a lawyer IS NOT NECESSARY. I think you would be wasting your money. This site is a free resource. Use it.

Since you're clearly in the market for a K-1 visa for your fiance, I suggest that you post these specific questions in that forum. It's very active and you'll get a lot of help.

I am new to the whole board, thread, Chat thing. I am not sure where to find the k-1 forum. It took me 6 days to figure out how to post my own topic after tripping over it once before. Thank you again.

[TimsDaisy 0]

Photos are 100% NOT A REQUIREMENT for your application. Let's just get that out of the way up front. They can be helpful. They can be valuable. But they are not required.

I'll come back to the evidence requirement in a moment.

It sounds like you have quite a bit on your plate. While I'm sure you are stressed, from what you've explained, I see no reason that an attorney will help you. This is because even with an attorney helping YOU will still need to collect the documents and provide the information asked on the forms. The attorney can't download your brain, nor search your home for files and documents. As much as it might stress you to do so, you'll have to take one of your too-few free days, month to sit down, research, compile, and prepare your filing. And since your divorce isn't final yet, you have time.

Money questions will not arise until the interview stage. You'll have - most likely - a minimum of 80 days to deal with those concerns while you wait to complete the first stage of processing with USCIS.

Now, as for the duration of your relationship - that also does not matter AT THIS STAGE. At the interview, you will face questions about the validity of your relationship. That interview will most likely occur at least 6-7 months from now.

All that matters at this stage is that you both submit hand-signed documents saying that you intend to marry and that you provide evidence that you have met, in person, within the last two years. Photos ARE INSUFFICIENT proof of this meeting. Passport stamps indicating travel to countries in which you were both present at the same time (US, UK, Canada, wherever), boarding passes, tickets, hotel bills, anything like that is the kind of evidence they prefer.

Here is the most common message the USCIS sends when it asks for extra evidence:

evidence of meeting the meneficiary in person within the two-year period preceding the filing of the petiition. The primary evidence may include airline ticket stubs and receipts (that indicate month, day, and year), copies of passport pages taht show the identification page and admission stamps, military order(s), letter from Commanding Officer, or any evidence that will help the USCIS to determine that the petitioner has met the beneficiary within the two years. The secondary evidence may be film dated photographs of the petitioner and the beneficiary together. The following DOES NOT constitue evidence of meeting: disc, videos, emails, letters, phone bills, and greeting cards.

Secondary evidence on its own is meaningless and will not get your application approved. Photos are great to include if you have them, but if you're set to marry and you want to begin this journey - especially if money is a concern - don't hold your entire application because you don't have a photo together. Make the strongest showing through primary evidence. Only if you lack adequate primary evidence should you concern yourself with delaying filing to get photos. And, as noted, pay attention to what IS NOT evidence at all, and don't waste time on it.

You're certainly facing a lot of major changes and stressful life events right now. But since you seem in bad financial shape, don't waste money on a lawyer, dig in and get ready to read a lot, learn a lot, research a lot, and get going on the process.

[Mags 112]

People here are just as good as a lawyer, and they're free. A lot of lawyers don't know sh!t about immigration law and all many of them will do is waste your money and make everything take longer.

People on here may know alot about immigration but, regardless of that, what they say is NOT a substitute for qualified legal advice and should never be taken as that either.

VJ members can help, but it is always good to bear in mind that they can be wrong and advice should always be backed up by using the USCIS website and other informative sites.

Edited June 1, 2007 by mags

[britty 1]

We used an attorney for both my K1 and AOS (I am the UKC). My attorney prepared all the paperwork online and I simply signed forms and returned them to his office. He did all the leg work and compiled all the documents required (we just had to help with photos etc). I had understood from a friend (and I do not know whether this is true or not), that USCIS tend to deal with attorney cases first as they do not want the legal system breathing down their neck if things are delayed. My K1 was issued within 12 weeks of application and my green card was received exactly 8 weeks after I filed for AOS. The K1 and AOS together cost around $1000. It was money very well spent as far as I am concerned, and although I agree that you could easily file your K1 and AOS yourself, it took the worry out of the process for me.

[msu17 0]

Regardless of if you have a lawyer or not, you will still have to get everything together on your own. That is what takes the most time (at least for us it did). If you aren't understanding the forms and instructions, check out examples up top under example forms. If you still are worried, have a consultation with an experienced lawyer (ask around your area or post on K1 forum http://www.visajourney.com/forums/index.php?showforum=80). if you decide to retain someone, make sure they are compent with family based immigration and not just other types. Good luck!

People here are just as good as a lawyer, and they're free. A lot of lawyers don't know sh!t about immigration law and all many of them will do is waste your money and make everything take longer.

People on here may know alot about immigration but, regardless of that, what they say is NOT a substitute for qualified legal advice and should never be taken as that either.

VJ members can help, but it is always good to bear in mind that they can be wrong and advice should always be backed up by using the USCIS website and other informative sites.

[rebeccajo 14]

Really, one of the best reasons FOR hiring a competent attorney is if you don't have the time to deal with paperwork or if you flat out just don't like doing it.

BUT I think that advice usually applies to those who can afford a lawyer. It sounds as if that would be a stretch for you. A consult with one might not cost much though.

There are other options for you. If you have a Catholic Community Charities office near you, you might want to give them a ring. Many offer free or low-cost services to immigrants, including assistance with the preparation of visa paperwork. This might be just the helping hand you need.

I also recall of another member here with dyslexia who managed to process his own papers, so it is doable.

Good luck!