Karen D

I am in discussions with the Lawyer I hired to obtain my K1 visa. During the process, he advised me that the DS-230 was irrelevant - i.e. I didn't need to complete it in order to obtain my K1.

I know for a fact that this is not the case as the US Embassy in London sent me form DS-230 to fill in! I also know that this is not peculiar to the US Embassy, many other countries also state it as a requirement.

My Lawyer's argument is that it is not a "Legal Requirement", which, he explained, is why he told me it was irrelevent and therefore feels he did not give me incorrect advice. I explained to him that as he was handling my case, I expected him to advise me on what was required in order to obtain my visa, whether a legal requirement or not. I feel for certain that if I had said to the US Embassy in London, "I am not filling DS-230 in as it is not a legal requirement", I would not have got my visa!

I sent an email to the US Embassy in London and this was their reply:

"As per the information provided on our website, form DS-230 is required as part of the K-1 fiancé visa application and is one of the components in the set of forms that fiancé visa applicants complete:

"On receipt of the visa applicant's file from the National Visa Center (NVC) in New Hampshire, the Immigrant Visa Unit of this Embassy will send the applicant the forms that he or she is required to complete in connection with the administrative processing of the application. The fiancée visa packet consists of a biographic data form DS-230-I Part I, form DS-156 (in duplicate), form DS-156K, form DS-2000 and a document checklist, form IV-15."

The website link is:
http://www.usembassy.org.uk//cons_we...processing.htm

I hope this is responsive to your inquiry."

It is useful information but still doesn't state that DS-230 is a legal requirement.

Can anyone give me any further advice or comments about this please.

Thanks

jcapulet

Karen,

What would be the harm in completing the DS-230, whether it is a legal requirement or not? I can't remember exactly what was on that form...is there a reason in your situation not to fill it out? Just wondering

Juliet

jeffreyhy

Karen,

What is the topic of the discussions with this lawyer? Are you trying to get a reduction in his fee, or some other kind of compensation, because you were harmed by his advising you that DS-230 is unnecessary? Were you harmed by this advice?

Regards, JEff

jcapulet

I read that as her trying to figure out why her lawyer is advising something that she feels is not correct, and if anyone here could shed some light on it. I myself am wondering why her lawyer said it's not a legal requirement if the embassy says it's needed. Ideas, anyone?

Noorah101

Hi Karen,

I don't know the answer, but I think I understand why you want to clarify the statement. I wonder why he would even bother with such a statement, given the fact that it's a required document no matter what - legal requirement or not.

My attorney, from day one, kept saying my fiance doesn't need a police certificate from Turkey. She knew my whole case - that he has lived there almost 9 years, and still said he didn't need one. On a whim, I asked the embassy last month whether he did or didn't for sure, and YES, he does. I told this to my attorney, and she kind of looked thoughtful for a moment and said "oh, yes, that's right. He would, if he's been there that long." DUHHH.

I think I understand your frustration in wanting clear and straight answers from someone who is supposed to be on top of your case.

Good luck!
Rene

Steffi

Seems clear enough to me. :-/

Karen D

Hi everyone and thanks for your input.

To help shed some light on my initial post, as many of you know I was granted my K1 visa back in August. Therefore I am aware of form DS-230 as it was sent to me by the US Embassy in London, and I completed and filed it.

At the time that I was filling it in, I had some questions so I asked my Lawyer about how I should answer. That is when I received the his reply about the DS-230 being irrelevant for the K1, even though it was sitting there in front of me.

Hi Juliet, I knew that I had to complete and file the form, regardless of my Lawyer's advice, but at that point I had no time to question my Lawyer. Hence I just got on and filed it anyway.

JEff, yes I am trying to get a reduction in the fee I paid to the Lawyer, mainly as a result of me having to do most of the work. The Lawyer was paid upfront to obtain the K1 visa, but only ended up filing the I-129F for us. I don't know about "harmed", but if I had I not got on with things myself, my visa would never have been received in time (long story - big USA wedding booked whilst fiancé and I living in England. Only found out in May that my fiancé had to go back to USA permanently in July - Lawyer aware of all this).

Rene, you've got my point and yes, I'm looking for clarification. The document IS required, all the references I've checked call for it, so what is the difference between it being legally required or simply required, I don't understand and my Lawyer wouldn't clarify further. I guess a question could be, has anyone ever obtained a K1 visa without having to file form DS-230? I think you and I have a similar problem with Lawyers not giving us the full facts to help us to ensure our applications are filed correctly! Like you, I put my trust (and money) in someone who I thought would be acting on my best interests... He too didn't advise me about the Police Certificate, and also omitted to mention about I-134 and DS156K! I think my Lawyer knows he made a mistake and is trying to fob me off with the "Legal Requirement" answer because he knows I won't be able to challenge it. He has said that if I can show him information proving that DS-230 is a legal requirement, he will reimburse my fee.

Steffi, it's obvious to me too - it has been all along, it is just my Lawyer who still claims that the form is not needed! He says that even though the Embassy state the form is required, that does not make it a legal requirement. If that doesn't do it then I don't know what will.

I have already moved on and filed AOS, EAD and AP myself. The Lawyer experience was not a good one for me but before I close the file on the Lawyer chapter completely, I wanted to ask the question here to see if anyone had any other information that would help me understand his comments, seeing as he is not prepared to clarify further.

Thanks again for your input everyone

jeffreyhy

Karen,

Ahhh yes, I remember your story now. Whether or not you get any money back from this guy may depend on what his retainer agreement says or on his largesse (sp?). In any case, I wish you good luck in your negotiation.

Regards, JEff

Karen D

JEff

His retainer agreement (which I have in writing) said he'd obtain the K1 for us "within the retainer amount, providing that no complications arise". Well, he only filed I-129F and no complications arose, so in my mind, he did about half the job but, with the way he is arguing this legal requirement thing, I think my chances of seeing any money back is extremely slim. I consider myself very lucky to have got my K1 at all and don't want to waste any more time on this. I shall put this one down to experience and shall be moving on shortly.

Thanks for your good wishes anyhow

Noorah101

Hi Karen

I really hope you can get something back for your efforts. I'm in exactly the same scenario. My attorney told me the fee includes everything that needs to be done to obtain the K1 visa, from filing the I-129F until the day he sets foot in America. And, so far, all she's done is file the I-129F. I'm doing Packet 3 and all the research on my own. She left her associate in charge while she's out on maternity leave, and the assocate wants to charge me extra for doing the P3.

I'm interested to see if you succeed in your quest for reimbursement. I'm going to have a discussion with my own attorney when she returns from leave regarding the same issue. Keep us posted.

Rene

Katie

Karen,

If your lawyer is ever able to explain the difference between a legal requirement and a requirement, I'd be interested in hearing it. Perhaps he means that there is no statute or regulation that specifically says that a DS-230 MUST be filed to obtain a K-1 visa? If you refused to submit the DS-230 on the ground that it is not a legal requirement for a K visa and wanted to fight to get the visa anyway, would your lawyer consider that a "complication" for which he would charge additional fees?

Parts I and II contain the following provision at the bottom of the first page:

"The information asked for in this form is requested pursuant to Section 222 of the Immigration and Nationality Act. . . . Individuals who fail to submit this form or who do not provide all the requested information MAY be denied a US immigrant visa. . . ."

I wonder under what circumstances an applicant who did not file a DS-230 would NOT be denied an immigrant visa.

On a side note, one of things that has frustrated me the most during this entire process has been my immigration attorney's dispensing of inaccurate information regarding the process of obtaining an immigrant visa (read not a K visa) for a spouse. I didn't expect my attorney to know every detail off the top of his head, but I did expect him to do some research on the IV process and the peculiarities of the consulate with which we are dealing.

Kate

Noorah101

That IS infuriating. Reminds me that I was the one who had to find the FBI's number, do the inquiry, and find out my case status. When I told my attorney what I had done, she said "Bravo, excellent detective work...do you mind giving me that information, as I have other clients who want to follow up with FBI, also." SHE should be paying ME to do this kind of "detective work"!

Steffi

Did you tell her YOUR fees for this work? *LOL*

sibsie

Karen is there the equivilant of an ombsudmen you can go to? Was it an AILA lawyer? Can you threaten Small Claims Court?

Karen D

Hi Sibs

I have already spoken with the Attorney & Consumer Assistance Program (ACAP) and they have made a few suggestions which I shall try. No, unfortunately it wasn't an AILA Lawyer

Katie, I don't think he is able to explain I don't like his attitute either, when I question him on something, even a minor point, he raises his voice, interrupts and talks over me. I have always found that trait really rude and irritating, let alone when it is your own Lawyer! He didn't seem able to hold an adult conversation, often taking things personally. He even threatened to sue ME for defamation of character because I sent a copy of my letter to his Managing Partner! The way things have always worked whenever I have been employed, is that if someone has a complaint, you send a copy of your complaint to their Manager so that they are also aware and can discuss it together.

Unfortunately, we are a few of the people that ended up with a less than helpful Lawyer. You live and learn.....

PS: Sibs, why is there a flying palm tree on your avatar? It's making me dizzy!!!