Me and my fiance are still deciding whether to get a lawyer for the K1. We wont be applying for the K1 untill im divorced which should around end of January 2008. If it was just a straight forward K1 with no red flags we would do it ourselves no problem. At the moment i am still married to a US citizen and applied for AOS on the VWP in Feb 2006. Yep i know, dumb thing to do but mistakes are mistakes and ive learnt from them. Were just worried that this may cause a problem when we apply for the K1. Can anyone recommend a good immigration lawyer in the US? Going by what ive seen on the forums they dont have a good track record.

Thanks

Was your adjustment granted?

I arrived in the States Nov 19th 2005. Married 9th January. sent in my AOS around end of Jan but left 22nd March 2006 as i found out there was lot of lies from my partner, plus my mother was gravely ill in Scotland. I dont blame her, just myself for not looking into immigration more and not seeing the signs of what a sham it was. My intentions when i arrived was not to immigrate to the states. So my adjustment wasnt granted as i left approx 6 weeks after i applied. Its a tricky one and im at 2 minds whether to get an immigration lawyer if there is good ones out there as there maybe a few red flags raised.

We've just came from an immigration lawyer's office and feel totally ripped off, (luckily only $100 consultation fee). We chose an AILA registered attorney, the only one we could find in Milwaukee, and we knew far more about the process than she did. I'm sure there are good lawyers out there, no idea how to tell which are good or bad though. Maybe personal recommendation is the best way to find a good lawyer? We'll be sticking to this site, government sites and other reference sites in future.

So you overstayed on the VWP and got denied AOS? Wow, you definitely need a lawyer for that one hun.

I haven't used one myself, so I can't recommend one. I hope you find someone that can. Good luck!

I wasnt denied. When i arrived back in Scotland i wrote a letter to the USCIS formally withdrawing my status as my marriage was a farce, dont know if farce is the right word to use lol but it near enough.

I see. But you still overstayed on the VWP correct? For that alone, not to mention having a current US spouse and what you had to do, you'll need a lawyer I would think. I wish you all the best!

I would recommend you to use a lawyer. As I can read your case is a little bit confusing and needs a third eye who knows the immigration rules.
I can't recommend any lawyer for you ,since I live in California and very much to far away from you

If I read the post correctly, he married within less than two months of his arrival. He filed for adjustment shortly after, then left the country. All toll it looks like WW was here barely four months. And he claims to have officially abandoned his adjustment with a letter to USCIS after his return to the UK.

I don't know if any of this is an overstay. I extremely doubt it - and if it is, it certainly isn't enough to incur any bars or bans.

Still wouldn't hurt to speak to a competent immigration attorney about how to address the previous marriage and I485 petition. On the surface, neither sound like zingers to me. But we readers never know the whole story. A consultation wouldn't hurt WW one bit.

This website is far better than any lawyer...they are basically charging you big money to file your paper work for you...of which you still have to get organized yourself anyway. Unless your case is going to be pretty complicated, you can get all the guidance you need right here in my opinion. And if it gets sticky, you can always call your local congressman to prod the process along.

I agree. I regret using a lawyer on my husband's I-130. It was a waste of our time and money; I think that the lack of urgency on our attorney's part slowed up the process considerably for us. If your case is not complicated, I would stick with VJ and work through the process. I would tell my attorney what to expect based on the information I got here on VJ

I agree with Rebecca that consultation wouldn't hurt one bit, and in fact, I would encourage it in this case. A simple consultation should answer some of the main complications and then it would probably be clear whether you feel comfortable continuing on your own.

While entered to the US using VWP:

You can stay in the United States for 90 days. You cannot extend your status (stay longer than 90 days). You can not change to another visa status.
You cannot study or work on the VWP. You can get married to an American citizen, but you can not adjust status to permanent resident (get a green card) after your marriage.


I think, in this case better if you hire a lawyer.

Is this an official quote from somewhere? Because that bit isn't completely true. If the decision to immigrate after entering on VWP was spur of the moment and you're able to show it wasn't your intention, then you can adjust status on the VWP.

OP, your case doesn't sound like the bog standard plain ole K1.

I'm not even sure as to your status and whether you'd have a claim to sponsor anyone to come here.

Check with a lawyer!

Seems as though its complicated. Just need to find a good immigration lawyer. Anyone know of any? Upto now all ive heard is negatives about lawyers. There must be good ones in the States somewhere. They cant all be bad

I don't think anyone here is down on lawyers or think they are "bad" (although I do get a kick out of ya'll calling them Solicitors , that's not what we said. We just were saying that in many cases they are unnecessary. Our case is very cut-and-dry easy, so I'd rather save the $800 for a plane ticket.

My brother used a lawyer to bring his wife from Colombia, and he basically paid a lawyer to have his assistant organize papers (which he still had to take the time to gather information for) and file them. Not worth the cost.

That said, if you have a more difficult case, or are having problems getting it done yourself, then by all means have a consultation...I'm sure there are many people here who can give you a good referral for one in the US. Good luck.

I think this is like taxes--if you have any complications, you might want at least a consultation with someone reputable to point you in the right direction. If you case is straightforward, the forms are not difficult to fill out--it just takes time and patience.

Here is the website of someone who seemed smart and ethical when I spoke with him on the phone earlier n the process:

"Alex Halow, Immigration Attorney" <alex@k1fianceevisas.com>

Cheers!

We hired a lawyer to do our case (Hampton and Hampton), wouldn't recommend them. Although your case does sound a bit more complicated it might be worth it.

I spoke with one of the lawyers there over the phone, and he struck me as a b@stard....heh.