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?

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.

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

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?

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.

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

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

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

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

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.

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.

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.

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.

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.

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