ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled

Wow this is terrible! I had no idea that a K-1 visa holder could be denied entry (with the K-1 in hand of course) unless the border officer found fraud or they were travelling with something that was not allowed into the US.


Yup. Can happen.

Dude, stop logging off the thread! I am trying to help you. :yes: :lol:
Rebecca JoFemaleUnited Kingdom2012-04-25 19:21:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled
You need a lawyer and you need it now. You don't need to go to Korea to get help on American immigration matters.

Look for Mark Ellis - he is a member here known as ellisisland.

http://www.marcellislaw.com/

Tell him EVERYTHING that happened. I am willing to bet she was turned back around because CBP believe that you are already married.

And please do keep us informed of your situation. There are people here who care and people who would like to learn.

Edited by Rebecca Jo, 25 April 2012 - 07:18 PM.

Rebecca JoFemaleUnited Kingdom2012-04-25 19:15:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled
When did this happen?

Were you at the airport when it happened?

If you were at the airport, did anyone from CBP speak to you?

Have you seen what they stamped in her passport? They would have to have put something in it when they turned her around.

Where is she now?
Rebecca JoFemaleUnited Kingdom2012-04-25 18:47:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled

That seems a bit harsh I think.

Well, one good thing is I learned something to coach my fiance on. In my culture we don't have such nonsense as such as fiance, traditionally, so I have to grill that into my fiance so she doesn't say Wife which is what she would have said if asked today.


I am not sure what you mean by "harsh". I remember it happening though. At least that is what his fiance always claimed.
Rebecca JoFemaleUnited Kingdom2012-04-25 18:34:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled
We may never know the outcome.

OP has a short post history.
Rebecca JoFemaleUnited Kingdom2012-04-25 17:43:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled

Yes officer would, but he has to check with his superior before they make that call.
He will not directly send someone from line back to the plane, they take them to secondary do further questioning, document all that get an input from their supervisor and than cancel the visa and put someone back on the plane.


OK, I'll buy that at least two of them need to approve a turn-around.
Rebecca JoFemaleUnited Kingdom2012-04-25 17:37:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled
I've only heard of two previous situations where the alien with a K1 in passport was not admitted.

Once was for a crime that showed on the police report that the consulate had overlooked.

The second was a turn-around for a man who called his fiance his "wife".
Rebecca JoFemaleUnited Kingdom2012-04-25 17:35:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled

Everyone gets questioned / interview at airport – severity of the interview depends from case to case and person to person.
You need to provide little more detail about as what the conversation was, what were the questions and what were the answers.
Just officer by himself cannot put someone back on the flight and cancel a visa, it has to go to chief immigration officer on duty at that time and his approval is required.


Um. Yes an officer can.
Rebecca JoFemaleUnited Kingdom2012-04-25 17:28:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled
How did you learn about this? Did she call you? From where did she call?
Rebecca JoFemaleUnited Kingdom2012-04-25 17:26:00
K-1 Fiance(e) Visa Process & Proceduresindeerment
Everybody is getting all bent out of shape about a woman calling her fiance "hubby".

Yet how many threads do I read on VJ about how to have a "religious" (not legal) ceremony and get away with it.

I think everybody needs to get on the same page about things.

And that's all.
Rebecca JoFemaleUnited Kingdom2012-05-07 19:55:00
K-1 Fiance(e) Visa Process & Proceduresindeerment

am i right rebecca cause i cant answer anything or do i really need an advice from a lawyer...


Well, a lawyer can't make those words go away. I think a lawyer would tell you to do the things Kathryn said.

Do you know if he even sent those e-mails?
Rebecca JoFemaleUnited Kingdom2012-05-06 07:26:00
K-1 Fiance(e) Visa Process & Proceduresindeerment

Arent they goin to have any investigation or something? i mean if just an endearment is the cause of deny how will they know if im lying or not....In my opinion National Statistics Office in PI is a government department they are very strict and particular in birth certificate also with marriage because this is are all legal documents, if there's falsification now it was called FRAUD...right... if nothing is in there OR NOT REGISTERED or no marriage certificate appear in it, it might be a proof we're not really married...i guess and hope CENOMAR is some part considered as a legal document...im just looking for some possible things or answer in my situation...if this is really an issue should i need to ask a lawyer advise...?


What else do those chat convos/e-mails contain? What kind of things are you talking about in them?
Rebecca JoFemaleUnited Kingdom2012-05-06 06:59:00
K-1 Fiance(e) Visa Process & Proceduresindeerment

Not necessarily. If she got married in another country, or via proxy or simply didn't register the marriage with the appropriate authorities, her CENOMAR could be clean.


Proxy marriage is not recognized by the Service until it is consummated. So I think that's a stretch.

Married outside of the country? What does her passport show?

I'm not saying there are no potential hurdles here. But I do think there are ways to overcome them.
Rebecca JoFemaleUnited Kingdom2012-05-05 23:33:00
K-1 Fiance(e) Visa Process & Proceduresindeerment

Did you include ones that used the endearment 'hubby'? If so, be very prepared at the interview to explain - and prove - you are not already married.

Calling each other husband and wife can be taken by immigration as evidence that you do not qualify for a fiancee visa. You may wish to get sworn statements from responsible individuals who can confirm that you are not married and are eligible still for a fiancee visa (your parents, a minister or priest, etc.) . You can explain, if they ask you about it at the interview, that in anticipation of your life together as husband and wife, you already feel like you should be married even though you haven't had the official ceremony yet. They have come across this before, and it will be up to the officer doing the interview to decide how much importance he will attach to your use of this term of endearment. It may or may not be considered, so it is best to be prepared just in case it is.

It is safer to use the term 'husband to be' or 'my future husband' and sign yourself as 'wife to be' or 'future wife' in the future. If you didn't have to deal with immigration, it wouldn't normally be a problem.

Good luck.


Since OP is from the Philippines her CENOMAR should settle the question.
Rebecca JoFemaleUnited Kingdom2012-05-05 22:37:00
K-1 Fiance(e) Visa Process & ProceduresI-134, duration, liabilities, and sources
Explains both affidavits and the legal theory behind them.

http://www.policyarc...streams/348.pdf
Rebecca JoFemaleUnited Kingdom2012-05-14 21:49:00
K-1 Fiance(e) Visa Process & ProceduresWithdrawal of K1 visa
I think it would very much be in your best interest to inform the consulate that your relationship has ended, and that you won't be requiring an interview.
Rebecca JoFemaleUnited Kingdom2012-05-16 22:37:00
K-1 Fiance(e) Visa Process & ProceduresIs K-1 the best way for us?

Okay, thanks everyone for your replies and help. Yes, as I'm new to learning about this process I was mostly just frustrated with how the system seems to be set up. But, I guess at the end of the day I have to just fall in line and do everything the right way that will give me the best chance to be approved. I have nothing but honest intentions and don't want to cheat the system and risk denial or anything like that.

With that said, I have just one last question. For those of you getting married or who were married in both countries (US and your spouse's country), which visa route did you use? And is it best to marry in US first or the spouses country?


Derek hun, you can't get married in both countries.
Rebecca JoFemaleUnited Kingdom2012-05-16 22:29:00
K-1 Fiance(e) Visa Process & ProceduresIs K-1 the best way for us?
gyselle - Your result at your consulate could vary wildly from someone else's result at a different consulate.

And your opinion that since it was a first marriage for both of you, no children, first application - these are just parts of a "straight forward" case. In another country someone in your same shoes could be blown out of the water with a ceremony that looks anything like a wedding.

I don't necessarily consider these things to be "fraud writ large". But I don't consider them to be quite all right either. If there are religious or cultural issues which weigh more heavily on one partner's culture then the other, then IMO the legal wedding should be in that country. Otherwise, I tend to think the big non-legal ceremony is just people wanting to throw a big party.
Rebecca JoFemaleUnited Kingdom2012-05-16 22:26:00
K-1 Fiance(e) Visa Process & ProceduresIs K-1 the best way for us?

Can't prove? All they have to do is contact the city hall in Seoul and check if my name and my gf's name are registered as married. If they are not, then legally we are not married. What am I missing here?

I'm so sick of people accusing me of fraud or cheating the system, I'm not at all! If the rule states LEGALLY MARRIED, than I will do whatever to obey that. If the rules state that any marriage gathering/ceremony/event resembling a wedding/marriage counts as married and therefore disqualifies me from getting the visa, obviously I won't do that. So which way is it?

For someone you don't even know its amazing how little credit or benefit of the doubt some of you give me. So quick to judge and accuse on the site.


That's VisaJourney.

You just need to shut off the screamers and listen to the cooler heads.
Rebecca JoFemaleUnited Kingdom2012-05-13 17:51:00
K-1 Fiance(e) Visa Process & ProceduresIs K-1 the best way for us?
I don't know if the OP will come back to this thread.

But, if he does, I think he should take more into account than the idea the "he" doesn't want to be married and separated waiting for a visa.

What does she want?

She is the one moving thousands of miles and giving up her life to move to a new country.

Oftentimes a CR1 visa helps the alien integrate into American society better than a K1. K1's have to wait for adjustment of status to get jobs and sometimes to get driver's licenses. CR1 grants the green card at entry - it comes in the mail very shortly after port of entry.

OP should consider what is best for his wife's life and not make decisions based upon romantic notions. Something many of us do when we are separated and in love.
Rebecca JoFemaleUnited Kingdom2012-05-12 08:15:00
K-1 Fiance(e) Visa Process & ProceduresIs K-1 the best way for us?

Check this link: south korea

and this Link: marriage in korea
I would suggest being highly careful on how you approach things. A K-1 visa states being able to be free LEGALLY to marry. Even though it is ONLY a religious ceremony. The cleric MIGHT record the ceremony in the Ward's office for you. Unless you are extremely fluent in Korean, I would be extremely careful. There was a norror story on here recently of a person bringing his fiance to the USA, only to have her sent back home at the Point of Entry. (possibly due to the fact she called him her husband, plus she had wedding rings in her possession.)

If you are going to Marry in Korea, go the I-130 route. Do not even attempt to misrepresent. You may get through the I-139f and Embassy and get the Visa. but when you come to POE (Port of Entry), she could be denied. Please note there are also severe fines on you for misrepresentation besides on her. Either do one thing or another, but don't try to swing from a branch which has thorns on it over a cliff.

Most people who do a K-1 visa, have an engagement party, come to the USA and get married, then Go back once have GC or AP, and have a wedding back in the country for the fiance family. I wish you best of luck in your process, but what you are attempting to do is fraught with peril and danger. IMHO, don't come crying to us on VJ for pursuing this course of action if something goes terribly wrong.


I don't think "most" people who "do" a K1 have an engagement party.

Engagement parties tend to be held where it is a cultural norm.

But whatever, I'm not trying to start a storm about that. Engagement parties are IMPORTANT to the adjudicating officers in countries where they are the norm. I have no idea what Korean social norms are for matrimony.

Edited by Rebecca Jo, 12 May 2012 - 08:10 AM.

Rebecca JoFemaleUnited Kingdom2012-05-12 08:09:00
K-1 Fiance(e) Visa Process & ProceduresIs K-1 the best way for us?

I just did some asking around, and I guess a marriage ceremony here isn't recognized legally. You have to do the civil registered marriage to have it be legal. So, I think my plan should work out fine.


While you are about your research, read up on the CR-1.
Rebecca JoFemaleUnited Kingdom2012-05-12 06:46:00
K-1 Fiance(e) Visa Process & ProceduresIs K-1 the best way for us?

No matter what, we plan to have a wedding in both countries. A wedding doesn't have to be recognized by any gov't to be a wedding.

Also, I want to avoid being apart immediately after getting married as much as possible. That's why I think my plan is good. Can someone tell me why it wouldn't work?


Dereklee - Whether or not your plan will work depends on several things. Not the least of which is marital law in Korea. I have no idea whether you can have a ceremony in Korea and it NOT be legal. It would also depend on cultural customs in Korea. For instance, is an engagement ceremony a cultural custom over there? If it is, you should have one because the consulate will be looking for it. If it's not normal, and you have some other sort of ceremony that looks and smells like a wedding, it could go against you.

So yes, a government can say what type of ceremonies constitute legal marriage. In this case, you have two governments looking at you.

Edited by Rebecca Jo, 11 May 2012 - 09:54 PM.

Rebecca JoFemaleUnited Kingdom2012-05-11 21:46:00
K-1 Fiance(e) Visa Process & ProceduresIs K-1 the best way for us?
You're making this harder than it has to be.

Go ahead and marry in Korea, especially if it means that much to her family.

Then return home and file for a CR-1 spousal visa. It only takes a couple of months longer than the K1; she doesn't have to adjust her status once she is here; she will get a social security number a few weeks after landing; and she can work almost right away.

It's really the better visa.
Rebecca JoFemaleUnited Kingdom2012-05-11 21:28:00
K-1 Fiance(e) Visa Process & Procedureslong enough together for the petition?

Once again thank you!

I will try to call the embassy in Frankfurt to get some information because I don't think the CR-1 would work: My fiancé has to leave Germany exactly after half a year which gives us no time to go for the CR-1 via DCF in Germany which would be the fastest way. The K1 is probably the only possibility for us.

I hope I have got some more information this afternoon.

Tanja


Tanja - You don't have to file CR1 via DCF.

DCF means Direct Consular Processing. It means the US citizen spouse files for their foreign spouse while in that country at that country's US consulate. DCF is usually used by US citizens living permanently in a foreign country.

Alternately, you and your boyfriend could still marry in Germany, and he could file CR1 for you from the US.

In other words, DCF and CR1 are two separate things. They do not have to go hand in hand.

Edited by Rebecca Jo, 24 May 2012 - 06:11 AM.

Rebecca JoFemaleUnited Kingdom2012-05-24 06:09:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Affidavit of Support

Welcome! First and foremost, regardless of your financial situation, you are always the primary sponsor of your fiancé. Anyone else, e.g. your uncle, is a co-sponsor for your fiancé...even if you don't need to fill out/submit a personal I-134 for London.

Also, be sure to visit the UK forum. There's an awesome thread pinned that provides info on what you'll need for the interview: http://www.visajourn...terview-thread/

While you'll get great advice in the K-1 forum, it's best to read up on the embassy-specific needs at this stage since they vary on what's needed/not needed. :thumbs:

Good luck!



Non-immigrant visas like the K1 only require one sponsor. There isn't even any such thing as joint sponsorship listed in I134 instructions.

So we don't really know what they do with these multiple I134's received at the consulates. Especially at London. There is anecdotal evidence from London of applicants submitting an I134 from someone other than the petitioner - and no official ever asking for an I134 from the petitioner.

It seems to be good practice for the petitioner for file an I134, even if another person will also file one.

As always, the financial requirements for proving sponsorship varies wildly from consulate to consulate.

Later on, when I864 is filed, the contractual document requires the petitioner be the sponsor, and joint sponsorship is described.

It's a tiny detail, but a good one to know.

Edited by Rebecca Jo, 27 May 2012 - 10:58 PM.

Rebecca JoFemaleUnited Kingdom2012-05-27 22:57:00
K-1 Fiance(e) Visa Process & ProceduresIs my income sufficient?

Looks like there is some confusion as to what the mutiplier is. If its only 3x then I would be fine. If it is 5x I am sure I could get a small loan from my mom to hold it over until everything is sorted. The 900 dollars I have is purely in savings. My normal account has something like 300-500 dollars in it rotating bill payments and such.

If I do choose to go at it with out a co sponsor, what would be needed from the bank to prove the assests are available? Would a current bank statement work or will I have to have a letter or something from the bank. (I currently work for the bank...I don't know if that has any backing or relevance but just thought I'd throw that out there)

This has been really good information. Thanks to you all!


You need to seek out members who have been through the Australian consulate. They will better be able to tell you if your savings will qualify you.

It's a numbers game. If a person doesn't meet the minimum then a joint sponsor will be needed.


Except there really is no "number" for the I-134.

State Department guidance says 100 percent of the US Poverty Guideline.

Which explains the wide variance from consulate to consulate.
Rebecca JoFemaleUnited Kingdom2012-05-31 22:58:00
K-1 Fiance(e) Visa Process & ProceduresScheduled Wedding before receiving K1 Visa

Your wedding may not be refundable, but can you get your vendors to move the date forward? It would be bad business practice to not allow a reschedule. I'm sure they'd rather have you tell your friends about their awesome services than how unbending they are about moving dates.

USCIS will only expedite in certain cases: http://www.uscis.gov...00045f3d6a1RCRD

Also, you are probably aware that your fiance will have to enter the country "on the fiance visa", so if he comes over before it's issued, he has to go and come back. Technically, he is coming to visit you, right? I mean, if you have a party and are not actually getting married, do you have to declare that at the border?


USCIS won't expedite a case for wedding deposits.

London used to be somewhat accommodating regarding speeding things up on the interview side. But the processes have changed regarding medical etc. so I don't know what the likelihood would be of getting a "rush" these days.
Rebecca JoFemaleUnited Kingdom2012-05-15 22:17:00
K-1 Fiance(e) Visa Process & ProceduresFiance Visa Service
It is interesting to note that USCIS considers "visa services" to be scammers.

http://www.uscis.gov...00025e6a00aRCRD


"You can file USCIS forms yourself, but many people choose to have help. You may need help writing in the answers to questions on USCIS forms or translating documents into English. You can get this type of limited help from anyone. This person should only charge you a small fee and not claim to have special knowledge of immigration law and procedure.

Not sure what immigration benefit to apply for or which USCIS forms you need to file? Then you may need immigration legal advice.

Only attorneys or accredited representatives can:

Give you legal advice about which forms to submit
Explain immigration options you may have
Communicate with USCIS about your case

An attorney or a BIA-accredited representative can legally represent you before USCIS. Your legal representative must file a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with your application(s). USCIS will send information on your application to your legal representative.

WARNING: ?Notarios,? notary publics, immigration consultants and businesses cannot give you immigration legal advice. In many other countries, the word ?notario? means that the individual is an attorney, but that is not true in the United States. If you need help with immigration issues, be very careful before paying money to anyone who is neither an attorney nor a BIA-accredited representative of a recognized organization."

Edited by Rebecca Jo, 26 May 2012 - 07:36 AM.

Rebecca JoFemaleUnited Kingdom2012-05-26 07:35:00
K-1 Fiance(e) Visa Process & ProceduresK-1 denied :(

Now that is something I didn't know, I thought the more visits to the country would help bolster the change of it being real, but you learn something new all the time.


I think that's what I was trying to say..........
Rebecca JoFemaleUnited Kingdom2012-08-07 20:37:00
K-1 Fiance(e) Visa Process & ProceduresK-1 denied :(

If the above statement were true, then no one would get scammed. You used the shell game as an example, think about it. You have to bait the person first before you pull the wool over the eyes. No one is going to try and rip you off on the first try, they have to suck you in to make the real money, the first one is free then it gets harder as you keep playing. Same thing with romance scams, these guys don't email women asking for money right off the bat, they lure them in with sweet talk and other things, and most of the time it's a small amount first just to get them comfortable first. I dated a Japanese woman whose ex-husband was from Camaroon, she showed me the emails he sent while they courted. Now I could see why she fell in love, he tailored them to her writing style and talked to her in the manner that she wanted to hear. Once he got to Japan, it was a wrap, he is now over there without her and its sad becasue she has a kid with him he never sees or take care of.

I agree that it should be easy to see it coming when it comes to love but let's be real. Everyone has been heartbroken at some point in their lives, it happens. Your gut takes a back seat when the heart is driving the bus, or even worse, when your libido is in charge, then it's cruise control until you crash into a wall. If a man or woman is looking for companionship and next thing you know someone is online or IRL in your face fufilling your every wish and desire, it's hard not to fall completely and not see clearly.

I guess I can see the travel aspect of it better because I travelled so much and got to see first hand how the cultures intertwined. How would you know what is right in wrong in a country you have no knowledge about? I had no idea how bad the Nigeria scammers were until I spend the night in Tokyo and saw how they conducted business. And with the compliments from pretty ladies? If I stayed in St. Louis my whole life and then got hit up on the internet by some woman I might be leary, but if she were really good, then I might get taken, it's all in perspective. That is what they mean about cultural norms. You wouldn't know it unless you studied up on it or saw it for yourself.


I don't believe that a lack of general travel history (on the part of the USC) will cause a consular officer to look poorly on a case.

I do believe that in high fraud countries, a brief travel history (again on the part of the USC) TO THAT COUNTRY can set off bells for a CO.
Rebecca JoFemaleUnited Kingdom2012-08-07 19:50:00
K-1 Fiance(e) Visa Process & ProceduresK-1 denied :(

Right, email. That is true, at any rate... If I have a question I ask Pushbrk.


If I have a question, I research several web communities and the official source.

I never rest the faith of an immigration case on the advise of one person.
Rebecca JoFemaleUnited Kingdom2012-08-07 19:47:00
K-1 Fiance(e) Visa Process & ProceduresK-1 denied :(

To our newer friends in this thread:

Everyone who's been on VJ for 5 minutes knows to listen to pushbrk. If you let your feelings get hurt by straight talk, you'll miss out on very important stuff.


Self professed knowledge is no excuse for bad manners.

:thumbs:

FWIW when I have a question, I send a PM to Pushbrk. And that is the truth.


It's really not a good idea to get immigration advice through private message. It's discouraged in most communities because of the level of error involved. It's far better to hash out questions in an open forum, where bad advice can be corrected by good.
Rebecca JoFemaleUnited Kingdom2012-08-07 12:36:00
K-1 Fiance(e) Visa Process & ProceduresK-1 denied :(

Thanks for pointing that out. Most scam cases of k-1 visa holders is to wait until removal of conditions to then abandon the spouse or file for divorce. Others abandon immediately upon arriving and in some extreme cases, upon landing in the US.
The OP believes there are no red flags. Still doesn't get it. The fact her fiance is Nigerian, unfortunately, is a red flag in itself. He comes from a high fraud country, just like my now husband who's from Egypt. Maybe we need to orient her more on this.

KAL: there are countries that share waiver with the US for many reasons, including visitations to and from the US. Let's say someone from the UK wants to come over as a tourist, it isn't as hard as someone from Egypt wanting to come as a tourist. Now, for immigration: so, for example Rebecca Jo's case (sorry to use you as an example) maybe wasn't as scrutinized as other countries. Europe for instance isn't as hard as MENA countries. So, as you go up the ladder you will hit more hurdles by that simple fact. Egypt, Morocco, Ecuador, Pakistan, for example, are the upper steps to get to the fraud roof. Nigeria is the top of the roof. Maybe this will give you a vision of what we mean about being scammed. We are NOT claiming you are a victim or that your fiance is scamming you. We are giving you insight as to what the Consular will be thinking prior to his interview. It is your responsibility to educate him and even rehearse the interview to overcome the red flags.


No problem with using us an example. London is one of the easiest consulates in the world.
Rebecca JoFemaleUnited Kingdom2012-08-05 10:43:00
K-1 Fiance(e) Visa Process & ProceduresK-1 denied :(
The length of time you've spent together online (2 years) tells you nothing about his character.

It's well known that scammers are prepared to wait years once they find that USC willing to petition for them.

Years.

There are no red flags


I hate to break it to you like this, but just the fact that he is Nigerian is a red-flag.

Thank you, because there is a difference between helping and as you say attacking and I felt like I was under attack. Asking certain questions as if I am a little kid being scolded.


You shouldn't get your hackles up. People are trying to help you.
Rebecca JoFemaleUnited Kingdom2012-08-05 10:03:00
K-1 Fiance(e) Visa Process & Proceduresreassurance please
Everyone keeps forgetting to mention that SSI cannot be counted as income for any affidavit of support with the Service or DOS.

That's SSI income of ANY sponsor.

SSDI income or SS retirement can be counted. SSI cannot. Which is it?
Rebecca JoFemaleUnited Kingdom2012-09-18 05:22:00
K-1 Fiance(e) Visa Process & ProceduresThat pesky lawyer question again...

With all due respect, that link is about agencies that scam people. There are as many licensed practicing immigration lawyers that are just as likely to bilk people out of their money as there are "visa assistance firms". You're taking a risk either way.

By the same token, there are firms that make it clear that they are not attorneys, and they don't offer legal advice. They simply help with preparing the document package, which is not a legal service and does not require an attorney. These services are not scams, they're not operating illegally, and they can be quite useful to people who can't or don't want to navigate through the form instructions themselves. These services fill the void between do-it-yourself types and the attorneys you mentioned who are too busy to take on cases where their legal assistance isn't required.

Consulting with a qualified and reputable attorney is never a bad idea. However, unless Department of Justice is involved, immigration is a bureaucratic rather than a legal process. I don't think it's fair to imply that someone should never seek assistance from anyone less than an attorney when all they need is help filling out the forms.

FWIW, I also consulted with an attorney, but in the end chose to do it myself. His advice was useful, but in retrospect I would have been successful without it.


If someone just needs help filling out forms, there are plenty of non-profits who perform that service for free or very little charge. Such as Catholic Charities.

http://www.catholicc...mmigration.html

If a person is interested in hiring a dot.com website to help them, they should ask to see the business license for the state of business of the owners. They can also ask for their BIA credentials.

You may not think it is "fair" to imply that someone shouldn't use a representative that is not accredited by the BIA. But USCIS seems to think that one should not. Are you suggesting that VJ members not do as USCIS suggests?

Edited by Rebecca Jo, 23 September 2012 - 03:01 PM.

Rebecca JoFemaleUnited Kingdom2012-09-23 14:54:00
K-1 Fiance(e) Visa Process & ProceduresThat pesky lawyer question again...

I had the same worries! In the end, I actually talked to a lawyer. My situation even had one or two things that I 'thought' could be tricky. I found a great lawyer, and you know what he told me? He said "Don't hire me. This is easy enough to do on your own, and if you hire me, I'm going to make you do all the legwork anyway, you have to supply all the information, and if you have it all, all I'll do is be filling out forms for you'. He said the time to contact a lawyer is if you have problems later, or have a really difficult situation involving previous visa denials, deportations, etc.

I honestly think there is usually no need.

That said, IF you have the means, and want the convenience of having someone else help you, then by all means.

Just note that PLENTY of people that have used lawyers still get RFEs and things. I think in the end, you'll take more time and care to fill in the forms than they would.

And we are all here to help with any questions!


That's what I did. I had a consult with a reputable immigration attorney. I went over the details of our upcoming case via telephone. He said the same thing - that we didn't need to hire him.

To this day, I think a consult with a qualified expert is a good idea, especially for the nervous. :P

Reputable lawyers won't try to pressure you into a fee. So if you were unsure about the expert you spoke to, and they do try to pressure you - well you know to get the heck out! Good, qualified lawyers are to busy to take on cases they don't need.
Rebecca JoFemaleUnited Kingdom2012-09-23 12:09:00
K-1 Fiance(e) Visa Process & ProceduresThat pesky lawyer question again...

If you are uncomfortable with filling forms, then yes, help may be a good idea- it doesn't necessarily need to be a lawyer, who tend to be expensive- a "visa assistance company" should be sufficient and cheaper. Be aware that hiring help may slow things down for you somewhat.


USCIS has an opinion on "visa assistance firms". It would be a good idea for moderators of VJ to be aware of this USCIS initiative.

http://www.uscis.gov...00025e6a00aRCRD
Rebecca JoFemaleUnited Kingdom2012-09-23 07:59:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Denied
Really, this is all just idle speculation.

You've got a guy here who didn't even care enough about what he was supposed to do to keep a copy of the request. And we have his story of what he thought the request was. Then, he shows us his answer to what he thought they wanted (it was sort of a condescending response too - I think - not really written in a way to get what you want). Then he's PO'd that he didn't get the approval he wanted.

It's like he said/she said (only worse) because we are only getting one side of the story!!
Rebecca JoFemaleUnited Kingdom2012-10-16 13:28:00