I have read some of the nightmares some of you have had with attorneys. I can only imagine what nightmare would arise if I did it, especially with all the particulars of our specific situation. Would those of you who have used attorneys please give names numbers and if you would recommend using them or recommend avoiding them. I have talked to several I found on the net, but I don't know who would be best for us. I don't know what to look for, and I seem to see the good in everyone. A good trait in life, but not so good when looking for someone who could determine our future. I am a worry wart as it is. I am sure I will phone them constantly, So someone easily reachable would be great. Thank you in advance for your help.

Why do you think you'll need an attorney?

Before I even started the process, when I hadn't finalised divorce proceedings with UKC Husband No.1, I went to see an immigration attorney in my hometown just to find out what problems (if any) I might have bringing soon-to-be UKC Husband No.2 over. He had been personally recommended to us by several lawyers, was a friend of a friend, and has a great reputation in town for being the "go-to man" for immigration. One of the first things he said to us was, "I don't think you're going to need me!" which set our minds at ease. He talked us through the ins and outs of K1s and CR1s and convinced us that, as the UK is a low-fraud country immigration-wise, this was going to be a piece of p*ss, if a bit tiring and expensive.

I know some people will automatically look on the internet for an immigration attorney, but unless you know you have a BIG problem (police record, overstay, etc) I don't think it's worth getting someone to work for you on retainer. Fees can rack up very easily, especially if you call them a lot. If you want to talk to an attorney like I did -- just to set your mind at ease, and to be given a little bit of gentle guidance -- having a chat with a local immigration attorney might be worth your while. Ask people locally if there's anyone who has a good reputation. But there are plenty of people here who have never spoken to an attorney and did just fine.

Do you mind sharing what your issue is, as HA asked below? If you do, a more focused recommendation might arise. Good luck on your journey!

Seems as though a lot of people report their attorney seemed to slow the process down. We never really looked in to it because we didn't think it would be necessary for us - no special circumstances or anything. Guess it gives some an added peace of mind, but at a nice fee!

P.S. Love the little oval flags in your siggie!

I hope your ready. I have a tendency to be quite long winded. I am currently out of time. I have a five year old. I have many evening commitments, one of which is a second job. I am lucky if I make it home at bedtime. I am already stretched to the max. The whole month of May I had 2 days off. That is just the time issue. On to the rest:

I am currently going through a divorce. We are hoping it will be final by the 15th, we are only waiting on the judge to sign the decree.

I will be filing for bankruptcy within the next month or so and I don't make enough to cover the mandatory minimum for someone with a dependent. The job I was working when we met was eliminated, and I was forced to take a lower paying job. I am now on the job hunt again. I have two job options. If I accept one job I will have to work 3 jobs, and with another I will still have to work 2 jobs.

We have not been together as long as most on VJ. Though I believe I have met my soul mate. I can see how others might think its to soon. We both want the same things out of life and in love, but we may need a little bit of help convincing others that this is a valid relationship. I am not sure we have enough evidence since you can't put your feelings out on the table for them to see. Since he is on the road or sleeping all the time we don't really email. We talk on the phone. minimum 2 times a day, and text constantly when is isn't working nights. Out of four trips here (3 while he was working and one for vacation) including the one we met, we don't have any pictures yet. All we have with those are his DOT log book, but those are filled out by him. The fuel reciepts only prove he was in town. Not that he was with me. I do save most of my texts from him ( they are so sweet.) but I recently changed phones and gave him the one the texts were on, so we could talk for free when he was in the states, He has resent them to me from that phone but they are now date stamped with a new date.

He is a UKC but has lived and worked in many different countries on work visas. He is currently in Canada working for a trucking company. He doesn't have a criminal record, But getting all the police documents from all the different countries is going to be tough task, and could take quite a bit of time in itself. I don't even know if that is something an attorney could help with.



I have printed and read all the guides offered by VJ, along with USCIS.com and STATE. gov. I have a binder with everything I have printed. I am a bit dislexic, and have a hard time understanding what I read. I look at the guides every day, and every day I think it says something else. I am afraid that if I try to do this on my own something is going to go wrong, and no one will be able to fix it, and we will have no choice but to move out of the country to be together.

Where I am currently, with my 5 year old and his father, my bills, my house. I can't leave to be with him. Though lord knows I have thought about it. Dropping everything, taking my little one, and just going.

We would have plans to get married as soon as my divorce was final if we didn't know it would take even longer to get him here.

We know about what it could cost to have an attorney, but for us it is more important to be together, Than to eventually be together with money. We can always earn more money. But you can't get back lost time. .

i'm a bit long winded as well but the first thing i want to say is none of us here would have the right to judge your choice. it's just nice you have found the right person. good luck to you both.

i have an attorney and it is some of the worst money i have ever spent on a service and in fact my attorney is a BIG BIG waste of time for the following reasons:

1) incredibly inaccurate and lacks common sense, here are some examples my boyfriend lives in thailand so why for in the heck would she put a san francisco work number for him? they included a visit to thailand that didn't exist. (and my bf and i stupidly didn't proof read carefully i started going over it all with a fine tooth comb after i found multiple mistakes) so we signed off and are now at the mercy of the CO for our interview to understand it was a mistake. they on almost all of his biographical info/forms etc put an expired passport (i would think it would be normal course for the attorney to advise you to make sure the passport is good etc.) but the passport was NOT expired thailand allows extensions and his is in his passport (of which they have a copy)

2) they are very lackadaisical once they have your money. of course like anyone filing a petition i am anxious to be reunited and willing to get anything they need to them asap to hurry the process along. it's not the same for them, when our petition left the nvc, i asked if they would start preparing packet 3 so that we could turn it around quickly, the reply was "we don't have it" so i said it's on the embassy website, "well let's just wait for the packet"

3) i think they know they stink so they build the aos into the bill too so there is no incentive for them to be more responsive either, we are stuck together for awhile.

there are countless things but i am just trying to paint a picture i realize not all attorneys are created equal but there are more than enough bad stories that had i known about this website and the support/instructions you can find here i would have done it myself.

anyways good luck to you whichever way you go!

Ash, I think your major hurdle is in the financial department re: poverty guidelines. I'm not here to advise you whether to use a lawyer or not, but if you think a lawyer will be able to circumvent that requirement, I personally don't think that would be of any help waiver-wise.

Good luck!

Irrelevant. Once the divorce is final, you're free to marry again just like anyone else.



Your credit history doesn't matter, but your income does. As far as I know, a lawyer can't help you skirt around the poverty guidelines requirement. You CAN use a co-sponsor if your income does not meet the minimum guidelines. The co-sponsor can be any US citizen; they do not have to be related to you.



You'll need photos to properly document your relationship, but at least you have met face to face. Some people on here haven't.



I wouldn't bother; he can request those himself. I think anywhere he has lived for more than six months, he will need one. He should get started on getting them from Canada and the UK right away.



People here are just as good as a lawyer, and they're free. A lot of lawyers don't know sh!t about immigration law and all many of them will do is waste your money and make everything take longer.



He could come to the USA and you could marry, though he could not stay and adjust his status. He'd have to go back to the UK for his application to be processed. The K-1 visa is for him to come to the USA, marry, and remain there to adjust his status. He can get married on a tourist visa, though that presents its own difficulties.



Given what people here have experienced with lawyers, things will go more quickly if you don't use one. In a straightforward case like yours without a criminal background or previous visa overstays, a lawyer IS NOT NECESSARY. I think you would be wasting your money. This site is a free resource. Use it.

Since you're clearly in the market for a K-1 visa for your fiance, I suggest that you post these specific questions in that forum. It's very active and you'll get a lot of help.

I recall one couple on here being approved without submitting pictures.

Pictures are technically secondary evidence anyways, but hoo lawdy, I don't wanna revisit THAT particular discussion!

Thank you ALL for your Help.
I knew I would need a co-sponsor. Does anyone know if the sponsor just has to make up the difference from what I am lacking or how that works or what the co sponsor would need? or where I should post this particular question. I thought it was like one big board. separated by countries. I still have a bit to learn about this site. lol. if anyone has suggestions please let me in on the goings on.






I am new to the whole board, thread, Chat thing. I am not sure where to find the k-1 forum. It took me 6 days to figure out how to post my own topic after tripping over it once before. Thank you again.

Photos are 100% NOT A REQUIREMENT for your application. Let's just get that out of the way up front. They can be helpful. They can be valuable. But they are not required.

I'll come back to the evidence requirement in a moment.

It sounds like you have quite a bit on your plate. While I'm sure you are stressed, from what you've explained, I see no reason that an attorney will help you. This is because even with an attorney helping YOU will still need to collect the documents and provide the information asked on the forms. The attorney can't download your brain, nor search your home for files and documents. As much as it might stress you to do so, you'll have to take one of your too-few free days, month to sit down, research, compile, and prepare your filing. And since your divorce isn't final yet, you have time.

Money questions will not arise until the interview stage. You'll have - most likely - a minimum of 80 days to deal with those concerns while you wait to complete the first stage of processing with USCIS.

Now, as for the duration of your relationship - that also does not matter AT THIS STAGE. At the interview, you will face questions about the validity of your relationship. That interview will most likely occur at least 6-7 months from now.

All that matters at this stage is that you both submit hand-signed documents saying that you intend to marry and that you provide evidence that you have met, in person, within the last two years. Photos ARE INSUFFICIENT proof of this meeting. Passport stamps indicating travel to countries in which you were both present at the same time (US, UK, Canada, wherever), boarding passes, tickets, hotel bills, anything like that is the kind of evidence they prefer.

Here is the most common message the USCIS sends when it asks for extra evidence:



Secondary evidence on its own is meaningless and will not get your application approved. Photos are great to include if you have them, but if you're set to marry and you want to begin this journey - especially if money is a concern - don't hold your entire application because you don't have a photo together. Make the strongest showing through primary evidence. Only if you lack adequate primary evidence should you concern yourself with delaying filing to get photos. And, as noted, pay attention to what IS NOT evidence at all, and don't waste time on it.

You're certainly facing a lot of major changes and stressful life events right now. But since you seem in bad financial shape, don't waste money on a lawyer, dig in and get ready to read a lot, learn a lot, research a lot, and get going on the process.

People on here may know alot about immigration but, regardless of that, what they say is NOT a substitute for qualified legal advice and should never be taken as that either.

VJ members can help, but it is always good to bear in mind that they can be wrong and advice should always be backed up by using the USCIS website and other informative sites.

We used an attorney for both my K1 and AOS (I am the UKC). My attorney prepared all the paperwork online and I simply signed forms and returned them to his office. He did all the leg work and compiled all the documents required (we just had to help with photos etc). I had understood from a friend (and I do not know whether this is true or not), that USCIS tend to deal with attorney cases first as they do not want the legal system breathing down their neck if things are delayed. My K1 was issued within 12 weeks of application and my green card was received exactly 8 weeks after I filed for AOS. The K1 and AOS together cost around $1000. It was money very well spent as far as I am concerned, and although I agree that you could easily file your K1 and AOS yourself, it took the worry out of the process for me.

Regardless of if you have a lawyer or not, you will still have to get everything together on your own. That is what takes the most time (at least for us it did). If you aren't understanding the forms and instructions, check out examples up top under example forms. If you still are worried, have a consultation with an experienced lawyer (ask around your area or post on K1 forum http://www.visajourney.com/forums/index.php?showforum=80). if you decide to retain someone, make sure they are compent with family based immigration and not just other types. Good luck!

Really, one of the best reasons FOR hiring a competent attorney is if you don't have the time to deal with paperwork or if you flat out just don't like doing it.

BUT I think that advice usually applies to those who can afford a lawyer. It sounds as if that would be a stretch for you. A consult with one might not cost much though.

There are other options for you. If you have a Catholic Community Charities office near you, you might want to give them a ring. Many offer free or low-cost services to immigrants, including assistance with the preparation of visa paperwork. This might be just the helping hand you need.

I also recall of another member here with dyslexia who managed to process his own papers, so it is doable.

Good luck!

Sure, but from what she has said she doesn't need a lawyer.

I have to say folks, I think we're getting into dangerous territory when people are advising others to not get lawyers. Sure, VJ is a GREAT reference....but as I always say, we're not a paid help desk. None of us are immi lawyers, and I'm sure there are some very good ones despite the bad stories we hear. There are right answers here as well as wrong ones. The petitioner is responsible for the verification of information should the petitioner decide to do this his/herself.

Caveat emptor...let the buyer beware!

I wasn't advising her to get a lawyer, nor advising her not to. I was highlighting part of your previous post where you state that "people here are just as good as a lawyer". The fact is that VJ members should never be thought of as the equivalent of, or substitute for, qualified legal advice.



Exactly!

We don't have any boarding passes. or hotel reciepts. He rented a car and drove down here. and we stayed at my house. I don't know if they stamped his passport because he has a visa that allows him to cross because he hauls into the states , and the rest of the time he was in his tractor. Does anyone know if his DOT log book could be used in leu of a boarding pass, or does he need to fly here. I don't have a passport yet. as soon as I get mine I hope to get to travel up there with a 5 year old I am not sure I will be able to. I am worried that we might not have the traditional evidence required. Any other suggestions would help. I will be sure to post asking if the DOT log book will suffice. Thank you again.

I would post on the canadian forum for suggestions. I live close to the border, so I know they dont stamp my passport (if I even bring one, can't forget that soon though ) when I go across. See what people living close by did. I'm sure they'll have great suggestions.

OP, may I ask why not one photo was taken?

I think you two may benefit from another trip...this time documenting things along the way...passport stamps, hotel receipts, etc..

Yes, piccies are secondary evidence, but it seems to me you're going to be struggling with primary evidence as well.

We haven't really done anything. we have spent most of our time at home with my little one. when he came down for a week he painted my kitchen. we watched alot of movies played with my littleone. basically spent time at home. there aren't many touristy things in the podunk town of cheyenne, wyoming this time of year so we didn't think to take any pictures.
As to the primary he might be flying home to spend time with his dad. and then flying back here. So i am sure they will stamp his passport at that time. and we will get a hotel in both our names at that time.

Thank you. As soon as I figure out how to do that. I will. LOL.

The only thing I can see where you might have a problem is that if he is booking a return ticket from the US, he might be having problems when he tries to come back, since you must provide proof of onward travel.

We haven't filed anything with USCIS yet. because we won't know where he will be and I am still legally married.
He applied to extend his visa in Canada, but we haven't heard anything yet. We don't know if he has been approved and he just hasn't got the letter or if it hasn't come through yet but his current visa runs out on the 5th of July. I am sure he will have something saying he is goin "here" after his stay here. If it is a statement saying he is returning to work in Canada, or a return flight to the UK. I will ask him to make sure he has something. We currently seem to be flying by the seat of our pants because there are so many unknowns for us right now.

http://www.visajourney.com/forums/index.php?showforum=93 Here's the link to the canada forum. Hope they can help you out with evidence. We dont like photos either and had to specifically take some after I figured out what we needed to do for the K1

OP, do you have any estimation of when you want to get married? Any preliminary time line in your head?

They have no pics, the fiance has no idea if his visa is extendable, and most importantly the OP is still married.

You have a lot to sort out before applying I think.

We don't have a specific. timeline. We are planning on a small ceremony a week or so after he gets here. Just us, and my little one. Then having a bigger family one later, after we have had time to save enough money to do so. Probably on our one or two year aniversery. Our biggest thing is being together and never having to be apart again. To have the family, and life we've wanted. As you all know it is tough to be apart from the one you love. the emptiness you feel in your chest when you are lying bed alone. Or you are out with your friends and there significant others. Two of my closest friends are now in long distance realationships and are finally starting to understand the way I feel. though I wouldn't wish this on anyone. lol. sorry went alittle bloggy on you all. anyway thanks for listening. Hope you all are handling it better than I am. .

With all due respect, I think you're putting the cart before the horse a bit. I have to agree with Devilette on this one.

You have MANY obstacles in front of you that are going to need sorting before you get to the wedded bliss stage. I'm sorry to say that, but it's the truth. You need to figure out how you're going to deal with the separation, because it's a constant that's not going to change.

Do I get this right that you're still living with your ex? Who's going to get the house? I ask you this because if you have to move, then that's another consideration.

-Divorce
-Your fiance figuring out if his visa is extendable
if not, is he staying in england? and what about work, money, place to stay, etc....let alone money to come to visit you.
-Visit to create evidence
text msgs aren't evidence. You may print out emails, but those are also secondary.
-You need to sort your financial situation
co sponsor or you getting a better paying job
co-sponsor (I believe, please verify) will need to make enough $$ to cover own dependents plus your fiance.
you mentioned no one taking you seriously....will your cosponsor take your relationship seriously enough to put their b@lls on the line?
what plan do you have when your fiance gets here, and possibly can't work? Can you cover all the bills?

You don't need to answer these questions to me, but you should ask them to yourself. This is actually by no means a comprehensive list, just things off the top of my head. It's all romantic and wonderful to be in such an exciting relationship, but something of this magnitude should not be entered into lightly....'love' won't answer these questions, and imo....you will have greater success if you concentrate on sorting these obstacles out instead of focusing on the fact that you're sleeping in an empty bed. Yes, we all know it sucks...you are not alone in that. But you need a plan.

I am handling it better than you are (since you asked)...but the only reason why that is is because I have resigned myself to not rage at things that I cannot control. YES it's awful. But this is the path we've chosen, eh? Nowt can be done about it, so I try to keep busy to keep my mind off of it. It doesn't always work, but it's easier when I've got a zillion things to do. Believe me, sometimes I get so down and cry and get upset and all that good stuff, but it does nothing to bring us any closer together.

Seriously, good luck to you.

As to the questions you asked

My ex and I haven’t lived in the same house for 9 months or so. I currently reside at our joint home which I will be awarded in the divorce. So I will not be moving again till this is over.

If they don’t extend his visa his flight home was purchased a year ago. He will go back. Stay with his mom, He can operate most heavy equiptment, including a rig. Finding a job when he gets back shouldn’t be a problem. As to the evidence of meeting. I have posted on the Canada site asking about his logs and have two reponses so far. His log books should sufice. They should be as good as a boarding pass. They are legal documents, and he still has them He is supposed to keep them for 3 years. If he does end up in the UK. Visiting isn’t the most important thing. It is more important for him get here permanently. If we can afford it we will. If not we will state why.

As to the financial situation.
I have read quite a bit on that. If I am reading correctly. I can do it on my own, with my house, and my current income. I only need to come up with the amount I am short if any, and times it by 5 to use an asset or cash. Right now the biggest trick is finding the right number that I need. I already work two jobs but have figured out a way to work 3 if needed. If something happens and I cannot, I am sure someone in my family, will do it. They are a good support system.

I am brand new to this. We are newly engaged. I am doing the best I can. I have been in long distance relationships before. Though not nearly as long. But I am looking at the big picture. That is what a relationship is. It isn't the here and now. Not when you love someone and want to spend the rest of your life together. This isn't exciting, It is tough. Not something I would have chose to do. But I found my soul mate and this is what I must do. Love won't answer these questions you are right. But it is the motivation. The best motivation. Everyone handles things differently. 95% of the time I have a on tough face, I keep busy, Spend time with my little boy, and for the longest time no one knew how I really felt. That deep down I feel like I have a whole in my chest, like something is missing. It helps to think about what we are going to do when he gets here. How things are going to be. What kind of wedding we are going to have. Where it is going to be. WHY WE ARE DOING THIS. Without the daily this will be worth it speech to my self. I don’t know if I could get through the day. I don’t take this lightly, but I play it off. No matter how stressed I am with anything. I can’t let my little one see it. He is only five and doesn’t need to see it.

This is just a hurdle in the rest of our lives. By looking forward I am not saying this isn’t important. But if I don’t focus on why I am doing it, why do it? I am mearly stating it is a step a big one, but a step, to the rest of our lives. When the time comes to focus on those steps I will do what I have to do.

I am currently in the fact finding mode. We aren’t ready to file. We can’t file. We am here to get as much information as we can so that when the time comes, we will be ready. Of coarse things will pop up we didn’t expect, and we can address those at that time, and hopefully there will be someone there to help, someone who had been through the same thing.

I know you said I don’t have to answer these questions to you. But the feeling I got when I read your post was that they way I am dealing with this isn’t correct., or that I am not taking this seriously. Sorry for the long winded reply.

Thank you for your concern and your help . Good luck to you as well.

The friend is incorrect. A petition filed with the aid of an attorney goes in THE SAME PILE as everyone else's. Any attorney who implies he/she can get you through faster should not be trusted. The attorney MAY help save you from pitfalls - but so will careful research on your part. And the same delays that befall others - like RFEs - can still befall anyone who uses an attorney.

Yup, I'm going to agree here. Britty was lucky, the lawyer wouldn't have been able to speed anything up.

I didn't figure as much, common since says they aren't going to go through every packet to see who is using an attorney, that would cause an even longer processing time for everyone. Thank you all so much for your help.

Have any of you used a complete do it yourself packet form usavisanow.com? I have looked at their site. and the breakdown of what is in the packet. and they seems to have fairly detailed instructions. Again thank you.

I hope to have people as willing to help as y'all have been.

No, you are incorrect, that wasn't my intention. From your posts it seems to me like you have quite a few hurdles to get through, so I was only pointing out things that are very relevant. Since you are in fact finding mode and offered us your scenario, I thought I'd give you my perspective as to what you need to pay special attn to.

As far as the poverty levels, I think you need to verify that information, because I am not familiar with needing a co-sponsor, so from what I hear, if you don't meet the poverty levels, you need someone who can, not just someone to cover the differential between what you can do and what is required. I think the 5x the poverty level is for your total assets ...so if the marital home has equity of 5x the poverty level for 3, then I think you're in the clear. But if you have a large note, and there's not that equity, the house alone won't suffice because it's not technically enough of an asset.

Now I may very well be wrong, so check it out. I'd love for someone with a more definitive answer to weigh in here!

I am curious to see if the DOT logs alone will suffice...forgive me for saying so, but the fact that you didn't snap not one picture of him or one of the two of you seems a little strange to me. Yes, photos are secondary evidence, this is very true. But I can't see how the log alone will be enough. You might need him to come back before you file.

Oh, I read where you said you want to get married as soon as you're divorced, but if you file a K-1 and marry before you get the visa, you have to start over with a K-3 or CR-1 as K-1 is fiance and once you marry, even if you file first and then marry, he will no longer be your fiance, and the petition will be considered abandoned.

Hah, I'm long winded too

LOL.
Here is the link to another thread which also has a link. to the state.gov site. On how the requirements of what is needed for the afficavitt of support and the asset requirement.
http://www.visajourney.com/forums/index.php?showtopic=4054

I can see how that would be strange, to not have pictures. but we weren't looking at what we needed to do to get him here at that point in time. I had just got the keys back to my house. 2 days prior to his week long visit, and my ex went though everything in the house basically ransacked it, but didn't take anything but clothes, so we were a bit busy getting the house in order while he was here. Who thinks to take pictures while you are cleaning and painting. anyway. Yes thinking back I would love to have gotten pictures of us, Something to put on my desk at work or carry with me. Instead I have some of him. and he has some of me. He will still be working in Canada and hauling into the states some until July 5th so we will still have a chance to get some pictures. If I have to get in my car. Play hookie from work. and drive a couple hundred miles I will. But again. Pictures are secondary.

Yes. If we didn't know that the K1 was quicker, we would get married shortly after my divorce. that is why we don't really have a timeline for getting married. There is too many other things to worry about. We don't need a special day, we just need to make one day special. All we want is to be a family.

the DOT Log books. confirm border crossing, fueling and mandatory 10 hour stops. I posted in the Canada portal.
http://www.visajourney.com/forums/index.ph...mp;#entry958465
You can look at some of the replies. Not quite what I was looking for but still helpful.


We all have hurdles. I am getting a pretty good idea of what our hurdles will be. I have been doing my homework. With the variables we have I don’t have a choice but to be ready for anything. I will need help along the way, but everyone needs something at some point or another.

I have twice, filled a three ringed binder, with any and all information I can find. I got through it daily. Reading and rereading everything. In the morning after I get ready for work. Before I go to bed, and any spare time I can find during the day. VJ has become my new myspace.com.
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Regarding income for the I-134 - print out the form and take a look at the instructions. What does it say? Does it give you a specific 'target' you have to hit? Or does it just state 'sufficient income'?

Regarding income for the I-864 (later on in the process but not much) to make up a shortfall in income, the assets must equal 3 times the shortfall. 5 times was the old requirement. Verifiable cash is preferable to equity in real estate.

You don't need photos to get approved if your other evidence is strong.

Thanks for your input, Becs