Using a lawyer
 

My fiancé and I are just starting the process to apply for my visa. We wondering about using a immigration lawyer, and I wondered what peoples thoughts are on this. He thinks we should try to do it ourselves, i'd like help.
Also if we apply ourselves, where do we get the initial forms from? Do we just print them off the internet?

Re: Using a lawyer
 

In my experience an immigration lawyer is almost essential, it's a complicated process and you don't want to make a mistake on the paper work, plus a good immigration attorney will coach you for interviews and do most of the leg work for you with regard to filing and so on. Yes an immigration lawyer is expensive, but you are going to pay a lot of money on filing fees anyway, and you don't want to pay that much money and get nothing in return, which is more of a possibility if you go it alone. On the second part of the question you can print a lot of the forms on line, but finding the correct forms can be confusing so I would get a lawyer.

Re: Using a lawyer
 

Thank you for that response. That's my feelings on the matter.....I don't want to get anything wrong.

Re: Using a lawyer
 

The vast majority of people on the forum do a spousal app without a lawyer. Why not download the forms and see how you feel about completing them yourself?

Re: Using a lawyer
 

I think unless there is a potential inadmissibility issue, where a lawyers guidance would be very prudent, I feel there is absolutely no need to use one.

Have you taken a look at the forms required? They are really simple to complete. You're looking at a bill of at least $2k (that's around how much my friend paid when he adjusted status based on entry via VWP) which is money wasted really.

Do the forms yourself.

Re: Using a lawyer
 

The only issue which might need help is his criminal conviction background.

Re: Using a lawyer
 

Unless you have a prior immigration issue, the forms are easy to complete, straight forward, and very easily a DIY project. If, however, you think you'd sleep better at night by involving an immigration attorney... then go for it. Be aware, though, that having an immigration attorney does not absolve you with respect to the information you provide nor ensuring that the forms are completed correctly prior to them being submitted. Many lawyers will pawn off the form filing to paralegals... so what are you actually paying the lawyer for?

I'll go out on a limb here, and suggest that most of us have done this ourselves without involving an attorney. I'll also suggest that, unlike an attorney, most of us have not only completed the forms ourselves, we actually immigrated as a result.


Yes. All the forms are available from the Forms tab at www.uscis.gov.

Ian

Re: Using a lawyer
 

If he's the USC, then the criminal conviction is largely irrelevant (read = he's a USC, so US immigration doesn't really care about his background). If he's the immigrant, then it might be an issue. That'll depend on several things... including the nature of the conviction, the actual charge, whether or not it was a CIMT (hint = Google is your friend), and the punishment that he could have received (not the punishment he actually got, but what he could have received if they decided to throw the book at him).

Ian

Re: Using a lawyer
 

With respect, I suggest your experience is an anomaly. The process isn't complicated at all, the forms are easy to complete, and while a good immigration attorney will coach you, most don't... and most don't even bother completing the actual paperwork.


Again, with respect, the correct forms are easy to locate. If you had difficulty, I suggest you did little or no research prior to starting the process. Further, not only are "a lot of the forms on line", they are all available online.

Ian

Re: Using a lawyer
 

He is the USC with the convictions. I'm clean!:)
I had a free consult with a lawyer who said the only problem would have been if his convictions were of a sexual or domestic violence nature, because of concern over arranged marriages and trafficking, or something. Anyway his crimes aren't, so I guess he's ok.

Re: Using a lawyer
 

I guess from what you are all saying, and it ties in with what we thought, is that it's not so complicated to do it ourselves as long as we read everything carefully. But if it's likely to give me some stress or confusion, use a lawyer.

Re: Using a lawyer
 

Correct. I'd suggest download the forms from USCIS.gov (start with I-829F and I-134) and have a look through them to see if you feel comfortable with filling them out yourselves.

Bear in mind that getting a fiancee visa is just the start: once you're in the US you have 90 days to marry and then you have to begin the Adjustment of Status process to become a fully-fledged Permanent Resident. There's an overview of the process on this site's wiki: http://britishexpats.com/wiki/Adjust...-3_Spouse_Visa

There's no reason why you couldn't hire a lawyer to help with parts of the overall process if you get to a point where you feel uncomfortable. And this forum has lots of people that have already been there and done that that can offer advice on specifics.

Re: Using a lawyer
 

It ain't rocket science for most of us with straight forward situations. I don't remember any real stumbling blocks if you encounter any, ask questions here For most people lawyer fees are money down the drain. Different if your case has peculiarities.

Re: Using a lawyer
 

A good secretary can manage it, especially if they have no particular tendency to anxiety... the waits while the various packets of paperwork process will do your head in if you let them, but they're just waits.

Re: Using a lawyer
 

I hired an immigration attorney do my fiancé's K-1 visa process, only because I had no clue how to begin (back in 2003) and I hadn't yet found this forum. The lawyer filed the I-129F package, and the during the waiting time I did my own research and found this forum, and once the I-129F was approved, I did not continue with the lawyer (she was going to charge another fee for continuing, I said no thank you). We did the rest of the process ourselves....my fiancé got his K-1 visa, did the AOS process, removed conditions, and became a USC, all without a lawyer.

Rene

Re: Using a lawyer
 

Agreed on all points. I completed the forms with my wife's assistance. I'm the immigrant, she's a USC, neither of us are lawyers. We had no problems at all, and in fairness it didn't even occur to us to hire an lawyer (how bad would completing forms have to be that paying a lawyer $2,000+ to help complete them is a sensible idea? :confused: ) .... And I hadn't even found BE, so we managed to complete the process with any on-line handholding. :ohmy:

Re: Using a lawyer
 

FIFY! :)

Ian

Re: Using a lawyer
 

If you have loadsa money, have a hard time filling in forms and are anxiety-ridden, then go ahead and pay for a lawyer.

However, you found this forum, so you're already halfway there...

Re: Using a lawyer
 

Having been through the K1 route myself, I gotta say, it'll be the biggest waste of money going to hire a lawyer. The forms are really straight forward. You just have to take a bit of time to sit down and prepare what you need. Me and my wife actually used a different forum for the process. www.visajourney.com (mods, delete that if I'm not allowed to reference it here). You can download all the forms you need from there along with filled out examples. There's a wealth of info over there. From what I understand, all these lawyers do is just basically proof read your documents before you send them in anyway. Nice work if you can get it!
With regards to the interviews, if you have a genuine relationship, they are a breeze. Mine wasn't even really an interview, it was an informal chat. The impression I got was once you get to that embassy, it's virtually a formality anyway.

Re: Using a lawyer
 

What si I-829F I cant find that one.

Re: Using a lawyer
 

My bad - I-129F - thanks also to Ian

Re: Using a lawyer
 

People should never (never, ever, ever!) download any forms from any site other than www.uscis.gov or a US government Consulate/Embassy web site.


Sadly, many of the folks posting there give incorrect information - which is why people come here when they want accurate information.


Unfortunately, many don't proofread - and that who do, don't often attempt to verify that the information on the forms is, in fact, accurate. It's always the applicant's responsibility - whether a lawyer is used or not - so it's often easier to simply do the forms yourself.


With respect, you received an incorrect impression. Getting a family-based visa is almost never a formality.

Ian

Re: Using a lawyer
 

The links on visajourney take you to the USCIS site. I received nothing but top info from the site whenever I had any sort of questions during the process. Also I don't believe I said getting the visa was a formality. Impression and fact are two completely different things. ;)

Re: Using a lawyer
 

If you're acknowledging that your impression might be inaccurate, and therefore misleading, I am mystified as to why you posted it. :confused:

Re: Using a lawyer
 

I was at window 2 for 2 minutes. I was asked a couple of questions, mainly where did you meet, when and where are you looking to get married and how much money do you make in the UK. From the embassy reviews I've read, that is pretty standard for the majority of people. Therefor by the time you get to the embassy, to me the decision seems pretty much made, just crossing the t's and dotting the i's, or pretty much a formality. That's why I wrote that. Is that ok? :rolleyes:

Re: Using a lawyer
 

Well, that's not quite the same thing as what you wrote originally, is it? Thanks for confirming!


You were lucky!

Ian

Re: Using a lawyer
 

You only need a Lawyer if there is a problem in your situation. Otherwise it is a form filling excerise.

The real question is, do you qualify?

Re: Using a lawyer
 

The AmCit's criminal record can and often does have an effect on a case. The AmCit's ID is run through the database. It can get interesting to say the least.

Re: Using a lawyer
 

Example?

Re: Using a lawyer
 

I used to do my own taxes. I feel a lot better having a professional do it. I think the situation is analogous.

Does one "need" an immigration lawyer? Good question. Sometimes it like insurance - a good lawyer will keep it from blowing up if a problem raises its ugly head. Sometimes the simplest case runs into the officer from hell.

Bottom line - decision is yours.

Re: Using a lawyer
 

If your taxes are straightforward why not do it yourself?

Re: Using a lawyer
 

Perhaps because it is simply not something that you want to spend time on.

Changing the oil in my car is straightforward and I could certainly do it myself and save some money but I choose to pay someone else to do it for me.

Re: Using a lawyer
 

I never used a lawyer, so don't really know what is involved. However I assume that it makes it more complicated as its another set of hands that has to be involved. Does using a lawyer make it easier?

Re: Using a lawyer
 

That depends on which things you, personally, find "easy" or "difficult" and the extent to which you do or do not want to spend your time doing them.

My point was simply that there are various trade-offs to consider when evaluating whether to do something oneself or pay someone else to it for you. Different people will make different decisions based on their specific circumstances and preferences.

Re: Using a lawyer
 

Agreed, it is always a trade-off. I'll pay $6 for a sub rather than make my own sandwich, and $120 for a routine car service rather then change the oil and check the brakes etc. myself, but the fees (as reported here on BE) charged by attorneys for "assistance" in filing straightforward K-1/CR-1 visa applications are off the scale when it comes to cost v effort. :blink: IMO it would be like paying $150 for a sub or $2,000 for a basic car service. :unsure:

Re: Using a lawyer
 

If one can do a 1040EZ or 1040A, then no help is needed. Add in Schedule A, B, C & SE, it becomes complicated. I feel competent to do them myself if I had to, I don't care to. I do review them before submission.

I feel most marriage cases are along the lines of the tax return I describe. And the complexity can go up from there.

BTW, when I was in practice, I would often have former green card clients come to see me re naturalization and I gave them a warning that my fees might make it not cost effective. If no intervening crimes or child support issues, usually I was not "needed" but would be a convenience. Many did their N-400 DIY and I did not mind -- in fact, they would often refer other green card cases to yours truly.

By the way, as wonderful as this forum, I do see a fair amount of misinformation. Most is fairly harmless and I don't bother to intervene. If it is serious and capable of doing real harm to people, I will speak up.