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-   -   Attorney costs (https://britishexpats.com/forum/usa-57/attorney-costs-772617/)

Beardysteve Sep 24th 2012 11:48 pm

Attorney costs
 
Hi,

I'm hoping to apply for and be granted a Green Card. My wife is a USC and we would like to relocate to America from the UK in about a year or so. I've been doing some research which includes reading the wonderfully helpful topics on this forum...! I contacted an attorney in California just out interest to see how much it would cost for him to take care of our application and he quoted me $3800 (not including filing fees). It seems a little steep to me as I was under the impression that our case would be relatively straight forward. I don't know whether to attempt the process myself or just bite the bullet and go to an attorney. It seems like the latter would be the expensive but less stressful option. Is $3800 about the going rate? What would you suggest? Thank you.

Noorah101 Sep 24th 2012 11:51 pm

Re: Attorney costs
 

Originally Posted by Beardysteve (Post 10298055)
Hi,

I'm hoping to apply for and be granted a Green Card. My wife is a USC and we would like to relocate to America from the UK in about a year or so. I've been doing some research which includes reading the wonderfully helpful topics on this forum...! I contacted an attorney in California just out interest to see how much it would cost for him to take care of our application and he quoted me $3800 (not including filing fees). It seems a little steep to me as I was under the impression that our case would be relatively straight forward. I don't know whether to attempt the process myself or just bite the bullet and go to an attorney. It seems like the latter would be the expensive but less stressful option. Is $3800 about the going rate? What would you suggest? Thank you.

You won't actually be applying for a Green Card. You'll be applying for an Immigrant Visa. That should help in your research, if you search the right phrase "Immigrant Visa".

If your wife qualifies, she can file the I-130 directly to London, about 6 months before your anticipated move date. It takes about 6 to 8 months to get the Immigrant Visa process done in the UK when the I-130 is filed directly there. This is commonly called "DCF" (Direct Consular Filing), so there's another term for you to research.

As for needing an attorney, you don't really need one unless you have some kind of criminal record, prior overstay in the USA, or are very bad at following written instructions and filling out forms.

We are here to help!
Rene

Noorah101 Sep 24th 2012 11:56 pm

Re: Attorney costs
 
Oh, and for the record, I also think $3800 is a little steep for a straightforward Immigrant Visa process, especially going the DCF route.

Your USC wife will have to read up on the I-864 affidavit of support, and you guys should look at ways to make that work. She also might have to prove "intent to domicile" in the USA, unless her plan is to move there ahead of you. If you have any questions, just let us know.

Rene

Beardysteve Sep 25th 2012 12:03 am

Re: Attorney costs
 

Originally Posted by Noorah101 (Post 10298061)
You won't actually be applying for a Green Card. You'll be applying for an Immigrant Visa. That should help in your research, if you search the right phrase "Immigrant Visa".

If your wife qualifies, she can file the I-130 directly to London, about 6 months before your anticipated move date. It takes about 6 to 8 months to get the Immigrant Visa process done in the UK when the I-130 is filed directly there. This is commonly called "DCF" (Direct Consular Filing), so there's another term for you to research.

As for needing an attorney, you don't really need one unless you have some kind of criminal record, prior overstay in the USA, or are very bad at following written instructions and filling out forms.

We are here to help!
Rene

Ah brilliant Noorah. Thank you so much for the speedy reply. Neither of us have ever been in trouble of any kind so my initial feeling is that we'll probably go for it ourselves. I'm just wondering, what do you mean by 'if she qualifies'? Are you thinking about weather she can prove she can support me? I just want to know what the obstacles might be. I'll definitely be doing some more research before applying, I think its important to know what I'm talking about before starting the application. I'm glad you pointed out the incorrect terminology, it's a great place to start.

ian-mstm Sep 25th 2012 12:17 am

Re: Attorney costs
 

Originally Posted by Beardysteve (Post 10298080)
I'm just wondering, what do you mean by 'if she qualifies'?

Rene's comment concerned whether or not your wife was qualified to file the I-130 in London. If she is, great. If she isn't, she'll need to send it to the US... and that'll add 2-3 months on to the process. In order to qualify, she must be in the UK in some status other than a visitor or student and she must have been there for a minimum of 6 months in that status.

Ian

Beardysteve Sep 25th 2012 5:56 am

Re: Attorney costs
 

Originally Posted by ian-mstm (Post 10298096)
Rene's comment concerned whether or not your wife was qualified to file the I-130 in London. If she is, great. If she isn't, she'll need to send it to the US... and that'll add 2-3 months on to the process. In order to qualify, she must be in the UK in some status other than a visitor or student and she must have been there for a minimum of 6 months in that status.

Ian

Thanks Ian. She does then qualify to file in London. Just posting on here seems to make the whole thing less daunting. I really appriciate both of your help. :)

holly2234 Sep 25th 2012 9:25 am

Re: Attorney costs
 
Filing DCF if London is a very simple process. As long as you follow the instructions exactly as they are written, you can do it yourself. I have just done it and the process has taken 4 and a half months from my petition reaching the embassy to the date of the interview.

I have been following somebody who filed two days before i did and used an attorney and it cost them $4000 including the visa fees and their process has been going a LOT slower than mine has due to the attorney not doing any preparation on the I-864 and other documents while waiting for the petition to be approved. I have a thread here with all of the links you will need http://www.visajourney.com/forums/to...n-uk-dcf-2012/

Beardysteve Sep 25th 2012 2:42 pm

Re: Attorney costs
 
That's really helpful Holly, thank you so much. I'm going to have a good study of the links you gave me..! I'll let you know how we get on..!

jeffreyhy Sep 25th 2012 2:47 pm

Re: Attorney costs
 
Point of clarification - one cannot apply for a green card (although they can, in some cases must, apply for a replacement green card if they already have one). Rather, one applies to immigrate to the USA, either by applying for an immigrant visa (if they are outside the USA) or by applying for adjustment of status (if, under certain circumstances, they are inside the USA as a documented alien). Once a person has immigrated and been granted Permanent Resident status, one is provided with a Permanent Resident ID card, aka a green card.

Originally Posted by Beardysteve (Post 10298055)
I'm hoping to apply for and be granted a Green Card. My wife is a USC and we would like to relocate to America from the UK in about a year or so.

Some people think their case is straight forward until they get into the process and discover that there is a detail about their situation that they didn't realize was a problem. Or, until they get into the process and they or the government does something that turns what should have been a straight-forward case into a problem case. So, a good idea is to have a consultation with an experienced immigration attorney to review the details of your current situation and background, then decide if you want to do it yourself or retain an attorney to work with you. If you and your wife are both resident in the UK then I suggest that you talk with a US immigration attorney who has a presence in the UK. One doesn't necessarily need a local attorney, but it can make the communication easier and less prone to misunderstanding.

Originally Posted by Beardysteve (Post 10298055)
I've been doing some research which includes reading the wonderfully helpful topics on this forum...! I contacted an attorney in California just out interest to see how much it would cost for him to take care of our application and he quoted me $3800 (not including filing fees). It seems a little steep to me as I was under the impression that our case would be relatively straight forward. I don't know whether to attempt the process myself or just bite the bullet and go to an attorney. It seems like the latter would be the expensive but less stressful option. Is $3800 about the going rate? What would you suggest? Thank you.

Regards, JEff


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