Spatt1104

This whole K-1 issue is confusing the hell out of me and my American
fiancee. we just want to be together and married; what is the fastest
way of doing this? we plan to live in the US, though I live in the uk
currently.

thans for your help in advance.

--
Posted via http://expatforums.com

Noorah101

Can you be more specific with how we can help? What is confusing you? Have you read the instructions on the I-129F, which is the first step the USC takes towards your receiving a K-1 visa?

There is no way of really knowing which one will be quicker, the fiance or spouse visa. There are many other factors that can help you make a decision which one is more suitable for your situation, but your post is too vague to help you decide.

Let us know what's confusing you about the K-1 process, and we'll try to explain it further for you.

Best Wishes,
Rene

Matthew Udall

With legal advice?

Mh

In article <[email protected]>,
spatt1104 <[email protected]> wrote:
    >This whole K-1 issue is confusing the hell out of me and my American
    >fiancee. we just want to be together and married; what is the fastest
    >way of doing this? we plan to live in the US, though I live in the uk
    >currently.
    >thans for your help in advance.

Fastest in terms of:

1) least time spent by us filling out paperwork
-answer: hire an expensive lawyer

2) least time spent waiting by us
-answer: hiring an expensive lawyer probably won't speed it up one bit,
but may give you piece of mind. I.e. do it yourself and save the $$$, or
pay someone - waiting time will probably be similar/the same

3) least time spent worrying by us
-answer: if you have an unusual case, get a good lawyer. If it's
straightforward, you'll probably worry less than if you don't know what
the lawyer wrote on your applications.

Using a lawyer SHOULD make filling out the forms easier. However, YOU still
have to come up with the evidence.

There's no "shortcut" way to do it. Read up on it a LOT, learn all about it.

I spent probably 75-100 hours learning about the process and we still got an
RFE (I like to think it was their stupidity, since the RFE asked us to do
the impossible - prove we met in the FUTURE). But, I knew every step of the
way what was going on and what to expect. If you hire a lawyer, you will
probably find yourself frustrated by lack of information and you'll come
back here asking how to find out what's taking so long.

The answer is: it takes as long as it takes.

MH

ian-mstm

Matt... I'm starting to recognize the tell-tale signs of OCD with your posts! I'm enjoying them tremendously... but the signs are there!

Ian

Rete

Dealing with the unknown can be confusing and reading on the subject in the CIS site can serve to confuse you even more.

Your objective is one that we all faced over the years and it would appear that for the most part we were all successful in our endeavors to bring our foreign loved ones to the US and marry.

I'm sure that are any number of others who will be more than willing to share their experiences with you and offer you places where reading can clarify some of the questions you have. May I suggest you read the FAQ on the K-1 visa and other methods on the www.visajourney.com website.

There are those that call those of us who navigated the CIS system as do-it-yourselfers. While that is a true statement it comes across as demeaning. The CIS does not require one to hire an attorney to do the paperwork for you. It is always good to have at the very least a consultation with an experienced immigration attorney. Not one that you find on some website that will fill out your forms only for a fee but an attorney with an office where you can have a face to face consultation. Know the basics before going in so you will be armed with questions and not enter within a costly consult without any insight into the process itself. If you feel at that point you want to retain them, then go for it. If you feel though that you want to attempt it on your own, then you can go that way as well.

As the forum rules clearly state this is not a legal forum and any interaction you have with other members with the exception of the two attorneys who frequent the forum is not a legal relationship. Even responses from the attorneys are not legal advice as they are unable to do so because they are not your attorney.

BTW to clarify what a moderator is, the three moderators to this forum are not moderating responses for correctness but moderating the forum against those that break the rules of the forum.

Rete

ian-mstm

Oh... how sweet. I love people like you... lusty loins taking control of your brains; thinking about "fast"... because that's how everything happens in your life, right?

However, since you ask... the fastest way would be for you to travel to the US, entirely disregard the immigration process, get married and live happily ever after. It's not illegal if you don't get caught, right?

Or, step back for a moment and consider that "together and married" and "fastest way" don't necessarily go hand in hand. Got it?

Ian

Folinskyinla

Hi:

Please describe what "fastest" applies to. Is it limited to "just want to be together and married"? Or does it ALSO apply to "plan to live in the US."

You have to be clear on what you want. Also, there is a presumption that people intend to follow the law. However, word of warning, there is a tendency for people to combine "married", "be together" and "live in the US" and to FORGET about the law.

So, please clarify the question and someone just might give a rational answer.

Warning to other people here: I WILL bring up the "10-foot pole" if necessary. In Common Law Pleading, there is a concept of "negative pregnant" -- I think this concept applies to the OP and the 10-foot pole. Furthermore, deponent sayeth not [for now].

Matthew Udall

They could also hire an attorney who charges a reasonable fee.

Avoiding an RFE would be one way to get the case out of the Service Center faster than a case that does receive an RFE.

Are you suggesting that most attorneys send (or hand over) a blank form for signatures, and then fill in the data once the signed form is returned? Doesn’t sound practical to me, and in fact it is wise to have the client read over the data on the form to double check it for accuracy.

Of course a client provides the evidence (Just like a client provides yearly income figures to the person who prepares their tax returns or a patient provides the injured limb to his doctor), but spotting the client’s unique situation and deciding “what” evidence is submitted is the wise approach. No two cases are exactly the same.

I don’t think the typical client will be frustrated by the lack of information (but of course, like anyone else they will be interested in the case being approved as quickly as possible). They actually have someone working for them (their attorney) who knows their case inside and out and who they can call to get questions answered and problems resolved when the CIS and/or Consulate screws up. I typically spend 12 to 15 hours on any given fiancée case where the CIS and/or Consulate “don’t” screw up along the way. The hours jump when they do, but the client does not pay a penny more for the extra time spent.

Yes, sometimes a CIS screw up will involve an RFE that makes no sense. I recall that happening once for an I-129f case I had submitted to the TSC. I received an RFE asking for documentation that I had already submitted. I immediately sent a fax to the head of the product line that processes I-129fs, and she called me later that same day. She mentioned they have been having this problem lately, and it happening in my case was the last straw. She was going to institute a change in procedure whereby they would put all of the evidence in a file sleeve earlier on in the process to help avoid this from happening. She asked me to fax to her the items that had been lost in the case, which I did. The case was approved by the end of the day.

Matthew Udall

Why demeaning? I think one should be proud of being self-reliant. But I wouldn’t call someone who has legal questions and seeks out legal advice from those authorized and not authorized to render it a do-it-yourselfer, so I don’t agree with your assertion that the DIY characterization is a true statement for those who get their legal advice from others on a news group. And why do people call this a news group? I hardly ever see “news” discriminated in groups like this (but it does happen from time to time).

Likewise the CIS does not prohibit one from hiring a representative to prepare, file, and be responsible for the legal matter.

Do you honestly think most attorneys don’t learn the unique facts of their client’s case and spot potential problem issues (some which the client might not know exist) during the process of talking to the client (whether it be face to face, over the phone, or via written form although doing it via e-mail [for example] is much more time consuming and labor intensive then when having an actual conversation) and during the first step of preparing the paperwork? By the way, preparing the forms is only the first step in representing someone with their immigration case.

Simply typing out the answers that a client provided on a form for them, without thinking about the significance of the facts and analyzing the case, is something legal secretaries do; not an attorney. In fact, in the article I sent to you long ago about UPL, that was one of the points raised about what a non-licensed party can do for another person in an immigration case. They can act as a scribe, but once they start telling someone what forms are required, how to answer questions, what evidence to submit, etc., that crosses the line into the practice of law.

I agree with this. I spend a great deal of time with clients (whether it be in conversations on the phone, or in the letters I send to them over the various stages of the process) educating them about what we are doing, why we are doing it, what happens at the Service Center, that sort of thing; and I agree that it is more pleasurable to work with someone who already has a basic understanding of what is going on. Of course, if a client wants, they don’t have to learn a thing and simply let me do my job, but I find that most want to know about the process and I’m happy to help them understand.

Yeah, right. The very subject matter discussed in forums like this is legal in nature and a high percentage of the posts made contain legal advice. Of course I can also understand your compulsion to try to mischaracterize it and say it isn’t so (Which might actually lull others into thinking its OK to render legal advice to others... which of course also exposes them to potential liability).

scrubbedexpat099

The fastest way by far is for the US Fiancee to move to the UK.

Visa can be done in a day.

Mh

In article <[email protected]> ,
Matthew Udall <member3997@british_expats.com> wrote:
    >> In article <[email protected]>,
    >> spatt1104 <[email protected]> wrote:
    >> >This whole K-1 issue is confusing the hell out of me and my American
    >> >fiancee. we just want to be together and married; what is the
    >> >fastest
    >> >way of doing this? we plan to live in the US, though I live in the
    >> >uk
    >> >currently.
    >> >thans for your help in advance.
    >> Fastest in terms of:
    >>1) least time spent by us filling out paperwork
    >> -answer: hire an expensive lawyer
    >> 2) least time spent waiting by us
    >> -answer: hiring an expensive lawyer probably won't speed it up one
    >> bit,
    >> but may give you piece of mind. I.e. do it yourself and save the
    >> $$$, or
    >> pay someone - waiting time will probably be similar/the same
    >> 3) least time spent worrying by us
    >> -answer: if you have an unusual case, get a good lawyer. If it's
    >> straightforward, you'll probably worry less than if you don't know
    >> what
    >> the lawyer wrote on your applications.
    >> Using a lawyer SHOULD make filling out the forms easier. However, YOU
    >> still have to come up with the evidence.
    >> There's no "shortcut" way to do it. Read up on it a LOT, learn all
    >> about it.
    >> I spent probably 75-100 hours learning about the process and we still
    >> got an RFE (I like to think it was their stupidity, since the RFE asked
    >> us to do the impossible - prove we met in the FUTURE). But, I knew every
    >> step of the way what was going on and what to expect. If you hire a
    >> lawyer, you will probably find yourself frustrated by lack of information
    >> and you'll come back here asking how to find out what's taking so long.
    >> The answer is: it takes as long as it takes.
    >> MH
    >They could also hire an attorney who charges a reasonable fee.

    :-) My point was - don't go with the "$99 immigration kit" guys who
basically charge you the $$$ to mail you the forms..


    >Avoiding an RFE would be one way to get the case out of the Service
    >Center faster than a case that does receive an RFE.

This is a good point. However, using a lawyer is NOT a guarantee of no RFE.


    >Are you suggesting that most attorneys send (or hand over) a blank
    >form for signatures, and then fill in the data once the signed form
    >is returned? Doesn’t sound practical to me, and in fact it is wise
    >to have the client read over the data on the form to double check it
    >for accuracy.

No, but people may not bother to read what they've signed.


    >Of course a client provides the evidence, but spotting the client’s
    >unique situation and deciding “what” evidence is submitted is the
    >wise approach. No two cases are exactly the same.

Of course.


    >I don’t think the typical client will be frustrated by the lack of
    >information (but of course, like anyone else they will be interested in
    >the case being approved as quickly as possible). They actually have
    >someone working for them (their attorney) who knows their case inside
    >and out and who they can call to get questions answered and problems
    >resolved when the CIS and/or Consulate screws up. I typically spend 12
    >to 15 hours on any given fiancée case where the CIS and/or Consulate
    >“don’t” screw up along the way. The hours jump when they do, but
    >the client does not pay a penny more for the extra time spent.

Do you have a flat fee for fiance(e) cases? I'm thinking $100/hr * 15 hours
is more than we spent so far on all the fees.. I129f, K-1, medicals, I-765,
I-131 (whatever AP is), I-485, 2-year conditional GC.

However, you'll notice I did say that for unusual cases, DEFINITELY get a
lawyer.


    >Yes, sometimes a CIS screw up will involve an RFE that makes no sense. I
    >recall that happening once for an I-129f case I had submitted to the
    >TSC. I received an RFE asking for documentation that I had already
    >submitted. I immediately sent a fax to the head of the product line that
    >processes I-129fs, and she called me later that same day. She mentioned
    >they have been having this problem lately, and it happening in my case
    >was the last straw. She was going to institute a change in procedure
    >whereby they would put all of the evidence in a file sleeve earlier on
    >in the process to help avoid this from happening. She asked me to fax to
    >her the items that had been lost in the case, which I did. The case was
    >approved by the end of the day.

Well now, THAT is a great example of why you want a lawyer. But, how many
lawyers who pratice immigration - or better yet, how many AILA lawyers -
would have been able to do the same? Do they all know the people involved at
their service center? Would they all have been as "on-the-ball"?

MH

Matthew Udall

True, but having someone with experience will hopefully result in a submission that avoids the beginner mistakes that so often lead to an RFE.

I specifically ask my clients to read over the forms for accuracy, and if they do notice a typo (which does not happen often) I ask them to put a post-it on the form indicating the typo. I would then fix it once the signed form is returned.

Yes, for a typical I-129f case I charge a flat rate fee. And I think many attorneys who do charge by an hourly rate would likely charge more than $100.00 per hour.

Every AILA attorney has access to the same information that I have (although I also tour the Service Centers and actually know some of the heads of the product lines that process I-129fs and of course, the directors and some of their top staffers). By the way, I didn't personally know Kathy V., the officer that called me about the RFE problem I mentioned before. I don’t get things done because of who I know, I get things done because I get off my duff and do something about it when the CIS and/or Consulate screw up. I don’t like their screw-ups any more than a client would, and of course I want it fixed as quickly as possible.

Plus, when warranted, any AILA member can enlist the help of the AILA liaison for any given service center who will bring the problem directly to the attention of the department head that can do something about it. That is especially nice for the NBC, as the lines of communication with that particular office are rather limited.

As for every AILA member being as “on-the-ball”, every one I’ve met takes their duties and responsibilities very seriously. But of course, we are all separate individuals just like you are not a carbon copy of your best friend.

Folinskyinla

Matt:

As you note, there is a prejudice against lawyers. I find it amusing though that there seems to be no such prejudice against tax preparers. Anyone with an ability and dedication to detail can do their taxes themselves.

Why is that? It strikes me that a CPA or Enrolled Agent is a good idea and no one seems to complain about the people who do the work -- they may bitch about the LAW that makes a professional preparer a good idea, but they don't complain about the preparer.

Go figure.

Matthew Udall

The slings and arrows of idiot bigots I tell you. I had not been exposed to this sort of blind, bigoted, irrational hatred and prejudice until deciding to try to help others by engaging in the practice of law. Of course, someone engaged in the unauthorized practice of law is freakin Robin Hood! ;-).