fatbrit

You two wanna go get a room before we scare poor Jane off?

Elvira

CONVENIENT ???????......... You *%$#*@ !!! [multiple expletives deleted]

Well, all I can say that us moving here has had irrevocable effects on our sons' lives.

None of them good.

So I feel extremely well qualified on this issue.

Bob

now now...but it is a valid thought, kids are numpties in their teens after all, so worth thinking about, and also if they don't plan on coming over straight off to know the limitations about timing out for a greencard etc, and cost of education over here for someone fresh off the boat.

meauxna

'Qualified' refers to speaking about me, and what I know about the topic. The limited ways you listed that I am able to know 'WTF' it's all about are simply not all-inclusive.

And what's with the sweary mouth today? Natives getting you down?

Tracym

I was actually wondering if this was appropriate on the immigration forums. Seems to me people have decided what they want to do and want immigration information, not lifestyle advice.

Fair enough on the lifestyle parts of the forum, and the US is not for everyone, but is that really what the immigration forums are for?

Folinskyinla

Hi:

This is a question that seems to come up often. The choice belongs to YOU and your beloved -- no one else.

From your posting, I'm not even sure what your goals are and what path you want to follow. There are also other facts that may be relevant -- which are not discussed.

It is quite common that I will tell people that "your case is straightforward and I will be a convenience to you." There are other cases where I say "If you don't hire a lawyer, any lawyer, you are an idiot -- you need a lawyer."

Also, don't assume the fees are inflated. As my colleague J Craig Fong recently stated here, there are two types of lawyers -- those who are out to help people and solve problems and those who are parasites.

Odds are that a lawyer in your case will probably be a convenience and the payment is essentially for their time. But there may be something there that is a landmine and you will step on it, if you are not careful [and I've seen people wander off the given path to use a "short-cut" thereby walking into a minefield.]

Immigration law is often analogized to tax law. I know how to read forms and the attached instructions. However, I use the same accountant every year to do my taxes.

Bottom line, the choice is yours. But it should be an informed choice.

Good luck.

Elvira

What you do not seem to appreciate that it is not always possible to foresee the implications of one's decisions.

Which is where other people's experiences come in.

I shall leave it at that.

clarissageo

We've used an immigration lawyer for our immigration process, really because when I first looked at the paperwork I didn't know where to start and it all looked way way too confusing.

Easy to say now, but If I had to do it all again, I would do it myself with the help of these forums - These forums have helped me huge amounts, and in fact have bought my attention to issues that may arise that our Lawyer has not picked up on. It is only when I have said 'hang on a minute, if we put this in the paperwork, this form needs to be completed doesn't it?' that it has been picked up on. Without B.E I think some things would have slipped through without us being aware that it could be a potential problem.

That said, our lawyer is good, and I'm glad she's been there to guide us along the way, having a professionally trained person to answer questions and put your mind at rest is good, especially if you are a worrier like me.

I would say like others have, look at the wiki - go through the forums and look at what others have been through - get all the paperwork together you think you need and if you feel that you can't handle it alone - by all means get help.

Good luck

Jane1961

Hey thank you all, some really interesting comments....including the lifestyle ones........

It is a big decision on both human and financial levels. It's one which a lot of you have made or are making and it's settling to know that there is a whole online community out there that will respond and advise to the best of it's experience.

I know exactly what I want to achieve and I wish we didn't have to live so far apart but thats the hand that life has dealt and no mountain is unsurmountable with a little will and determination.

I guess my best course of action at the moment is to continue reading and contributing, then in October when we are together again start to make some decisions. I'm leaning towards a diy application on the grounds that we both have an unremarkable past and what we are doing is totally genuine, there is nothing to hide, or is that a little naive?

For the record thought can anyone recommend a good lawyer, is that allowed on here? The ones that I have spoken to have quoted from $4500 up to $8000 for what I guess is the same job and when that job appears so straightforward I am a little concerned at the discrepancies between them.

thanks to you all again

Tracym

I do appreciate that.

I simply question the appropriateness of the forum. As I said, fair enough in the other sections.

I hope you're doing ok these days

Tracym

If there are no medical, overstay, or criminal issues you might consider retaining a US based attorney. The cost is likely to be MUCH less.

Matt Udall is one that comes to my mind. Mr. F (here on the forum) is very experienced, but I believe he said he doesn't do the straightforward stuff that much these days - more cleaning up other people's messes. He can correct me if I'm wrong here. J. Craig Fong is posting on the forum as well - I'm not sure if simple applications are his sort of thing or not. Personally, I would consider any of the three.

Noorah101

Hi Jane,

I am thinking perhaps you were getting so many different answers from the various laywers you consulted, was because you are confused from the start about the K-1 and K-3 visas. Your very first post indicates that you don't quite understand how each visa works - these two visas are not tied together - one is a fiance visa, and one is a spouse visa.

It seems you don't actually want to get married until June 2009 at the earliest. You also said you want to be together sooner rather than later. These two statments conflict each other when it comes to immigration.

With the K-1, if you start it now, you should have it in hand by around April/May of 2009. You will then come to the USA and must get married within 90 days of your arrival. This fits in perfectly with your plan to marry in June 2009. After you marry, you will be able to stay in the USA and apply for your green card...no more having to come back to the UK for anything. In fact you wouldnt' be able to come back to the UK until you obtain permission to travel, which takes about 60 days from filing your AOS (adjustment of status to permanent resident).

If you wait and want to do the K-3 (although the K-3 is not the preferred spouse visa anymore...it's much better to stick with just the Immigrant Visa...but that's a whole other topic), then you will remain separated until you can get together in June 2009 to get married (either in the UK or the USA). THEN the spouse visa paperwork can be started, which means you'll have to go back to the UK after your marriage, so you can attend the visa interview in the UK. Which means you'll spend about 8 to 10 months separated as a married couple (instead of an engaged couple). Eventually (if you marry in June 2009, then probably some time around February/March 2010) you'll have an Immigrant Visa interview in the UK and then will become a permanent resident once you enter the USA using the Immigrant Visa.

Personally, I would choose the K-1 visa because you can start the applications now (your fiance can file the I-129F now), and you will enter the USA just in time to have your June wedding, then you guys can stay together after that in the USA.

We did our K-1 visa without a lawyer (I used one at the beginning to get started, but did all the rest myself). But if you are not good with forms, if you're not organized, if you're not detail-oriented, you might want to consider going ahead with an attorney. For a case like yours which on the surface doesn't seem to have any skeletons (although only an attorney will be able to find out for sure), $4500 for just the K-1 visa seems high to me. But that's just my impression. If that includes subsequent adjustment of status, then it might be worth it.

Hope that helps.
Rene

Noorah101

Hi June,

Regarding your visits to the USA, keep in mind that the rule of thumb is to spend more time outside the USA than inside. So if you come visit for 3 weeks, spend MORE than 3 weeks outside the USA before attempting to visit again. But keep in mind that back-to-back trips will eventually raise red flags at the POE, so your best bet is to space your visits further apart.

Rene

californian

In my experience the lawyers at Gudeon & McFadden and Hodkinson Law Group are superb. Also, I would say $4,500 (or £2,250) is reasonable, while $8,000 is not (unless of course there are some skeletons in your closest). If you use a London based lawyer, I imagine they would give instructions for the subsequent Adjustment of Status but their fees would probably not include doing the AOS for you.

The lawyers that I have mentioned will normally ask you to come in for a consultation so that they can gain an understanding of the facts of the case before they provide a quote. During the consultation they would outline all that needs to be done from the petition to the interview. They would then provide a quote (if you chose to use them the consultation fee would probably be subtracted from that figure). If not you would be free to utilize all the advice given to proceed on your own.

That said . . . if your organized and don't mind a bit of research and form filling, you would not be alone in the DIY boat.

Tracym

If you get a consultation from some of the above, you will be out £350 or more just for the consult.

By contrast, a consult I had in the US was $100.

A US based lawyer might be able to do it by mail, email, and phone - in which case I suspect a fee of more like $1500 might apply.

That said, I have heard nothing but good things about Kherala Hodkinson in London, at the link above.