Just Met My Fiance,,

[rebeccajo 14]

From the VJ homepage:

"We encourage all members to seek a qualified immigration attorney as this site is no substitute for the valuable help and advice a good attorney can provide!"

Not all lawyers are equal. Not all lawyers are immigration attorneys. Not all immigration attorneys practice family-based immigration law. Just as every immigration case is different so is each attorney. Let's not paint them all the same with comments like "the paralegal will do all the work", etc.

Likewise, if a person decides to DYI their case, VJ is a good place to start. One must learn to sift the wheat from the chaff as to the accuracy of some of the advice. It's not a good idea to expect immediate answers in this community, and even if you get them, you should read on for verification. One should expect to spend some time studying the process and not just "microwaving" through the guides. Take the steps one at a time, but read ahead to the next steps to be prepared.

Marrying a person from abroad and immigrating them to the US is a pretty big deal. Take whatever steps you need to handle it as such. It's not like ordering a burger, buying a car, or even a house. It's the most important thing you will ever do.

TBoneTX's initial post is, IMO, the best advice.

[Brettanne 1]

We also thought about paying a lawyer before but with our friends advices and reading the instructions, we made it without a lawyer!

Edited May 10, 2009 by Brettanne

[Hoang_Phuong 2]

sigh*,,, all the headaches are now relieved. I really appreciate everyone help even though I briefly studied different guides on here.

So No Lawyers it is!!

Well, No lawyer or not, we are changing plans. I don't know what will happen within 2 1/2 years. Long story short, she's still in school for RN nursing in Sydney. She'll be done by the end of 2011. Hopefully she will pass her exam to enter US Hospitals and apply for a job Visa. In the mean time while working at the hospital (if all goes well) she will find a sponser and hopefully get a PR. If it works that way.

Looks like I'll have a long journey!

Thanks for the help guys...

-Tomi

[Deborah M 0]

sigh*,,, all the headaches are now relieved. I really appreciate everyone help even though I briefly studied different guides on here.

So No Lawyers it is!!

Well, No lawyer or not, we are changing plans. I don't know what will happen within 2 1/2 years. Long story short, she's still in school for RN nursing in Sydney. She'll be done by the end of 2011. Hopefully she will pass her exam to enter US Hospitals and apply for a job Visa. In the mean time while working at the hospital (if all goes well) she will find a sponser and hopefully get a PR. If it works that way.

Looks like I'll have a long journey!

Thanks for the help guys...

-Tomi

Ok, now I am worried after reading these post. I have met my fiancee in person in March of 2009, we started to committ to each other in 11/08. I cannot go back to see him because I will not have the funds or time to take from work. Do you think that we negatively affect us when it is time for his interview?

[Hell0W0rld 10]

sigh*,,, all the headaches are now relieved. I really appreciate everyone help even though I briefly studied different guides on here.

So No Lawyers it is!!

Well, No lawyer or not, we are changing plans. I don't know what will happen within 2 1/2 years. Long story short, she's still in school for RN nursing in Sydney. She'll be done by the end of 2011. Hopefully she will pass her exam to enter US Hospitals and apply for a job Visa. In the mean time while working at the hospital (if all goes well) she will find a sponser and hopefully get a PR. If it works that way.

Looks like I'll have a long journey!

Thanks for the help guys...

-Tomi

Ok, now I am worried after reading these post. I have met my fiancee in person in March of 2009, we started to committ to each other in 11/08. I cannot go back to see him because I will not have the funds or time to take from work. Do you think that we negatively affect us when it is time for his interview?

it will be wise to take another trip if not then at least be there for the interview, less time actually being together could hurt....

good luck !

[venusfire503 54]

Tomi,

Just to put you at ease, I only knew my SO for about 4 months when we applied, and things went well for us. Every case is different, but it IS possible to be approved for a visa after a short courtship.

If you decide to hire a lawyer, that doesn't mean you can just let them do everything for you without you being involved. I strongly agree with what JimVaPhuong wrote about that. First of all, I've dealt with 5 lawyers for different reasons, and I can tell you that if you don't prod them occasionally, you'll be the last case in their pile. They're busy, and will deal first with the people who check in with them (but probably not the complete pains who bother them daily!). Also, I've seen quite a few mistakes made by them - they're not perfect either. We used an immigration lawyer, and I insisted on checking over papers before they were mailed, and found errors such as incorrect email addresses and misspelled names. For the 'final' visa paperwork, I also had them make me two copies of the forms - one to mail, the other to carry there on the plane just in case. Good thing, too - the papers didn't make it there until after he left the country with his visa - his family got them several weeks after!

I know it seems overwhelming at first, and I wonder if your attitude that others perceive as uncaring is a mixture of not realizing how intense this whole thing is, and also skipping over many of the instructions because you're not 'there' yet. I was totally ####### about the visa paperwork, but lax about the AOS (the step that comes after the marriage, to get the 'green card'). I didn't realize how serious it was, and ended up having to submit more paperwork, which delayed things. I got back to being ####### about the 'removing conditions' part (part 3). You might also not realize how stressful this is because she's been here before.

From the sounds of it, unless there's something else you haven't mentioned, your only potential roadblock will be proving your income. You need to be able to prove it through tax returns and/or paystubs, W2s or something like that. Or some people use co-sponsors to make up any shortfall. You can read and post to get more information about those two things. I will forewarn you - if you have trouble proving your income because all or most of it is "under the table" you'll be hard pressed to find any sympathy here. You'll find that the people on this forum tend to be sticklers for doing things legally. I'll assume that you just haven't filed taxes yet on what sounds like a relatively new job. In that case, maybe someone will know how to prove income without you having to wait to file taxes almost a year from now. Not sure - maybe have your employer (dad) write a contract or letter stating anticipated salary? Or use the co-sponsor route.

Here's how I look at it. The paperwork itself is something you can do, and by reading through these forums and guidelines, you'll be able to figure out most or all of how to do it. The forms you can most likely do on your own. The lawyers are best, as someone else suggested, for complicated cases, or for clarification on some questions you might have. Honestly, the forms my lawyer "filled out" for me were all with the information I gave him (usually by writing in the answers on the form, and then having him just get it typed up). I would definitely recommend a lawyer for anyone who has a situation that they think might prevent them from getting the visa (like a past legal problem, for example). And definitely hire one if you see yourself getting into an area where your chances are looking bleak.

But no matter what, make sure to be very thorough whether you do the paperwork, your fiancee does, or a lawyer does.

Best of luck!

venusfire

[venusfire503 54]

Ok, now I am worried after reading these post. I have met my fiancee in person in March of 2009, we started to committ to each other in 11/08. I cannot go back to see him because I will not have the funds or time to take from work. Do you think that we negatively affect us when it is time for his interview?

Deborah M,

Don't panic. It might make it harder, but it's not a definite denial or anything like that. Going to Morocco is not something that can be done cheaply, and it does require vacation time that isn't always available. Your SO can mention that at the interview if he's asked why you were only there once. I'd recommend starting to save as much money as you can. If the process takes a while (which is possible with Casa), you might have the opportunity to go again after some time has passed. If things work out well, and he gets the visa before you get the chance for a second visit, the money can always come in handy somewhere else (like his flight here, filing for the 'green card', etc.).

In all cases, make sure to continue to gather as much evidence of your relationship as possible. He can take it to his visa interview (they want to see proof of the relationship from time of filing to time of interview). More evidence in one area can kind of compensate for lack in another area. I also found out through this process that you'll need things even after the visa for the next steps (green card, removing conditions, and filing for citizenship if he chooses). It seems like there will never be a day I will be able to stop saving cards, bills, etc. Or take a picture without thinking "oh, that will be good for immigration".

Best of luck!

venusfire

[Hoang_Phuong 2]

Venus, I have both tax paper works and they are filed from 2008. Both my business and my work at Fox tv station. With both added up, it does not meet the requirements of $18k a year. The new job here with my parents, I just barely started 2 weeks ago. I'll post the rest when tonight when I get back online. gotta go to dinner..

[gary9891 10]

To determine whether there is anything in your pasts (plural) that could prove troublesome, absolutely consult a qualified immigration attorney. If, afterwards, there appear to be no problems, it is possible for you to complete the process yourself, without the usual delay and the definite expense of an attorney's help. If you are poor with details, following instructions, or generally reading accurately and interpreting literally, then outside assistance may prove desirable. I am one of many VJ members who will suggest in the strongest possible terms that you read the guides, in the links atop the forums.

Oh one other thing [...]

Again: please read the guides.

I think you will find that many problems were caused by the ATTORNEY of the people who went that route. In my opinion (worthless like my 401k but that is another topic) the K1-K3 petitions and all the evidence required is not complicated nor impossible for the average person to accomplish (I am living proof!). STUDY THIS SITE and the examples and i will gladly put your petition against any attorney. save your money and have a good trip to see your fiancee.

[sjr09 155]

hire a lawyer to save time???? no IT WILL SLOW YOU DOWN!!!

THAT'S NOT REALLY TRUE!

[chili74 0]

At a family member's suggestion, I communicated with an immigration attorney about our case after our K-1 petition seemed to be stuck at the National Visa Center (NVC). Based on her questions and responses, I decided that I was not comfortable retaining her; I felt I had more complete, up-to-date information from this site and the USCIS site and instructions.

In summary, I agree that there may be instances when a qualified attorney is warranted.

[Boiler 43,597]

Do not confuse Australia with Morocco.

Chalk and Cheese.

[Fred N Emilia 0]

hire a lawyer to save time???? no IT WILL SLOW YOU DOWN!!!

THAT'S NOT REALLY TRUE!

Yep not really true agreed, every case differs. My case however was dramatically delayed by my lawyer. My lawyer was not aware of the exact requirements of my consulate. It was annoying and I had to do everything when it came to the consulate level.

[tommys_girl 0]

Unless there are problems in your past that must be explained, a lawyer will be of almost no help in your petition. A paralegal will actually do the "work" to complete the forms (but you'll provide all the detailed information) and it will take longer than if you did it yourself. The paperwork for the petition is quite straight-forward and there are no short cuts -- every detail is important. But if your attitude is casual, as it seems to be, you'll need to have a lawyer just to force your attention on the details.

As to sponsorship, your taxable income is a major factor in evaluating your ability to support the two of you. Bank statements and records are another factor. Being paid in cash is certainly legal, but if taxes and social security are not withheld, and the business doesn't file the monthly/quarterly form 941s with the IRS to pay the government, then it's called tax evasion. If you are partners with your parents, and take a share of the profits, there are still reports to be filed and you must remit 12.5% of your earnings to Social Security. Be sure of your standing with the IRS before beginning all of this.

you dont need the assistance of a lawyer, my fiance and i did it all by ourselves with the help from this website, once you file it will take about 7 months before you can even think about arriving in the USA to begin your new life. the whole process is pretty easy and straight forward. If i can do it im sure you can!!! i arrived here almost 3 weeks, and i still cant believe im here!! but unless you have secrets ghosts in your past you will be fine with doing the process by urself. good luck and remember we are all here to help you.

[TBoneTX 43,253]

you dont need the assistance of a lawyer

This is a dangerous and irresponsible statement. You likely do not know all of the OP's circumstances.

the whole process is pretty easy and straight forward.

Maybe it was for you, but it may not be easy or straightforward for others.

but unless you have secrets ghosts in your past you will be fine with doing the process by urself.

But above, you firmly said something else! Again, you likely do not know the OP's facility with paperwork, and you have just admitted that you do not know all of his circumstances. In such an instance, please avoid giving flatly dismissive advice to others. Edited May 11, 2009 by TBoneTX