TyingtheKnotGirl

I have a feeling I’m about to become a regular on this forum! A little about me… I am American, he is British, and we met in the US two years ago and have visited many times since. We want to get married and we are starting the process to get him in the US.

After reading through this site and all of your stories, we were ready to get started with the K-1 visa application process. Just to be safe, before I filed the I-129F paperwork I had a consultation with an immigration attorney. He advised me NOT to apply for a K-1 visa, saying that it could take up to 2 years to get approved. He recommended that my boyfriend come here via VWP and after two months, we should have a spur-of-the-moment wedding and then apply for AOS. He said he would file all the paperwork for us for a fee of $5,000.

We don't want to break the law, and he doesn't want to get stuck here for a year while the AOS goes through.

The attorney's fee seems extravagant and, most importantly, I know that it is technically not legal. Will the K-1 process really take 2 years, or is this guy just trying to turn a profit? We are smart people and I think we can do this without an attorney. What would you recommend? Neither of us has ever been convicted of anything or married before, we have absolutely clean records and can prove our relationship very easily. Also, he has already come to the US on a J-1 visa twice.

Any help or advice would mean so much!
I am sure to have more questions once I get past this roadblock!

(Also, assuming you all agree with me that the K-1 is the right thing to do, what is the time frame we are looking at? If I send off the I-129F this week, is there a chance he could have his interview in London this summer? We have been hoping he can come out here and we can be married by the fall!)

Noorah101

Hi, and Welcome to BE.

Your lawyer is wrong. It is illegal to do what he suggests. Don't do it.

Did your fiance's J-1's have a 2-year home residency requirement attached? If so, have those been fulfilled?

If there was no 2-year home residency requirement, or if that has been fulfilled, then a normal K-1 visa through London right now is taking around 6 to 8 months to complete....not 2 years.

If you are able to file the I-129F now, chances are good that he will be in the USA by fall, yes. Assuming he has no 2-year HHR to take care of.

Best Wishes,
Rene

TyingtheKnotGirl

No, he is not subject to the 2 year requirement. We have triple-checked that one. =)

Thank you for your help and quick reply! Let's keep fingers crossed for 6-8 months!

Noorah101

Cool, let us know if you have any questions along the way.

Rene

ian-mstm

You should report this attorney to your local bar association. He is not only flirting with dangerous advice, he is asking you to aid and abet in a conspiracy against the US government.


Not "technically"... *actually*.


Unless there's a massive influx of applications, this seems quite doable. Start sooner, rather than later!

Ian

Manc

It's what I did, and I filed my own paperwork for jack shit.

some say illegal, I say Legal Permanent Resident Card in my pocket.

Fox News fair and balanced.

meauxna

Things change, Manc.

VWP Overstay Spouses: Adjust ASAP

Duncan Roberts

Given what you are saying and assuming you have half a brain, you can get the forms, fill them in and file for a K-1 with no lawyer intervention. You should be able to file for AOS, removal of conditions and citizenship in the future without a lawyer too.

adjudicator89

Dear TyingtheKnotGirl. That lawyer is a NUT CASE!! Don't do it. Rene is absolutelly right. And 5000 dollars?? He really is ridicilous. You can find a lot cheaper attorney. And I agree with what was said on here to report him. He is trying to rip you off and telling you lies.

Rete

Just to set the record and my information about your case straight - Did you come here with the sole intent to marry and remain?

penguinbar

It was 5 1/2 months from when we applied for the K1 and my husband got his visa.We applied the last week of of December 07 and he got his interview and visa the first week of June 08. Do not attempt to use the VWP to get married and stay. If your case is denied you have no right to an appeal. The attorney gave you bad advice. If the fees include filing the paperwork for the visa and for AOS and you are in a big city the price really isn't that exhorbitant. That's about what it costs in NYC for all that. Read the link that Meauxna posted. Do things the right way. We used a lawyer and although I have caught her making mistakes she did not give me illegal advice. Do things the right way and apply for a K1

Rete

Several things come to mind while reading your post.

The first is that communication between you and your attorney (even in a consultation) is private and privileged and should not have been disclosed on the forum in the manner in which you chose to disclose it.

The second is why you said your fiancee does not wish to remain in the US for a year while doing AOS? He is going to be making the US his place of residency so it is assumed that he will be here for several years at the least.

The third is that you didn't mention exactly what the $5,000 fee is for and might well include the filing fees for the various petitions.

I do not advocate his method of using the VWP Express and am glad that you have chosen to use the K-1.

meauxna

A K-1 also needs to apply for AOS/Adjustment of Status.

The AOS process doesn't 'stick' you here for a year, but you'll be amazed at how time flies.

A K-1 enters the US with his shiny new visa and is admitted for 90 days.
He gets married to his USC within the 90 days.
As soon as practically possible, he applies to stay permanently; AOS. With the AOS application, he applies for a temporary work permit (EAD) & travel document (AP).
During the 6-12+ months that the AOS takes to complete, these temporary documents allow him to work in the US and travel internationally before the Green Card. Conclusion of the AOS is the Green Card.

The alternative to AOS is to apply for an Immigrant Visa instead of a K-1.
When he arrives with an Immigrant Visa, the Green Card is produced and sent to him immediately and he is a Permanent Resident from admission.

notacrime

Rete - I respectfully disagree. Such privilege is a one way street - confidentiality doesn't extend to the lawyer, only to the client.

TyingtheKnotGirl

Thank you for all of your responses, they have been very helpful.

In regards to comment about the communication I referenced being private and privileged... I really do not think I have done anything wrong. I am the client. I have not said his name, nor do you know who I am. I am simply questioning whether or not I received good advice. My gut instinct told me something seemed wrong... so I came to a place where people in similar situations to my own could tell me what they thought.

Also, when I say that my fiance doesn't want to be "stuck" here during the period after the AOS is filed, I mean that we would like the option to travel home to his family for holidays, etc. I have been told (perhaps incorrectly?) that this is allowed when you enter under a K-1 visa, but is a much more difficult process if you extend your stay as a visitor via VWP and then apply for AOS.

Regardless, we are going to start the K-1 process! Thank you all! I will be so happy when we can start our married life in America together!