Do things go faster when using an Immigration Lawyer?

Jenn and Fuat · September 16, 2009

I recently retained a lawyer for the K1 Process, as we've been through two visitor visa denials, and want to do everything we can to make sure the K1 is not denied. The lawyer said we could most likely get through everything quickly and would take about 3 months.

In everything I have read, it seems like it is taking 5 months or more just to get to the point where the information is sent to the Consulate in the beneficiaries home country. I don't want to think my lawyer is just telling me what I want to hear, but it sure seems like it is going to take a lot longer than we thought.

Did anyone use a lawyer and find things went pretty quickly? I read one post where someone said it seemed to take them longer with the use of a lawyer. I know we could do this on our own, but we really think it's smarter to use a lawyer because of the other visa denials. FYI... reason for denials was not being able to show enough proof of reason to return.

Edited September 16, 2009 by JennandFuat

canadian_wife · September 16, 2009

Your tourist visa denials will not impact your K-1 (although may be asked about it).

Take it from someone who had a lawyer, the CANNOT speed up the process, they CANNOT ensure success, and they often do slow up the immigration process.

Oh - and of course they tell you what you want to hear, they do that so you will pay them.

Good luck.

kylejb · September 16, 2009

I do not think it takes any longer with or without an attorney. It will take 5-8 months... I used an attorney for the same reason you did. Also, just to make sure ALL the forms were filled out and they were correct. I just felt more comfortable. I know I didn't have to use one, as there is a ton of information here, but it is what I decided. I don't know why your attorney will tell you 3 months, I doubt that will happen. 6 months is about right.

clueless_in_usa · September 16, 2009

FYI: My fiancee went through one visa denial in the past. It was disclosed on form I-156. She went to the interview and there were ZERO questions about it, even though we were not even sure whether the date of the denial we disclosed was correct.

Gemmie · September 16, 2009

Lots of lawyers claim to have the case completed within a few months time. Truth is, there is NOTHING that can speed up immigration unless there is some extreme circumstance (such as being in the military or one of the applicants being terminally ill). Your case is put in the same box as others who have filed the petition themselves and will be looked at when there is an officer ready to process that box.

The process will take roughly 3-6 months for the petition approval, and then it is sent to the beneficiary's country (where it will take a bit longer, depending on the country - London is currently taking a few months).

Sorry to say it, but you're in for a longer rise than you realised.

Jenn and Fuat · September 16, 2009

I suppose he could have meant that it would take 3 months for petition approval.. I will have to ask him about his 3 month comment. 3 months, 5, months.. a year... whatever it takes.. we'll wait. The Visitor Visa denials were heartbreaking, so have to hope all will go well with this.

I have to ask a stupid question now... RFE?? I have seen this on several posts. Obviously it is a refusal of some kind. Assuming it means Refusal for Evidence or some such thing?

Gary and Alla · September 16, 2009

Lawyers CANNOT speed the process and generally slow it down by not giving it the priority you would. Given the documents you need, You could download and complete an I-129f package yet tonight and have it out in the mail tomorrow morning. An attorney cannot do that. WILL not do that.

Visitor visa denials have nothing to do with fiancee visas. Visitor visas from certain countries are routinely denied, it is not because you did something wrong or needed an attorney. Attorneys are virtually worthless in the K-1 process. Yours will not be able to do anything until you give him all the information, you amy as well fill out the forms yourself. You paid someone perhaps $2000 for his secretary to fill in blanks on the computer. He will want more to do the AOS.

RFE is not a refusal. It is a request for additional evidence. usually because someone, including often enough attorneys, forgot to include something in trhe petition filing

brlukath · September 16, 2009

Get a lawyer if you want one.

BUT if your lawyer told you that the process can be done in 3 months--I don't know the facts of your situation, so I can't say this for sure--your lawyer is either a liar or doesn't know what s/he is doing. So, you should get a different lawyer.

There are lots of VERY extenuating circumstances that could speed up the process, but for 99% of us--including me, a lawyer--you just have to wait in line.

Lawyers who fill your head with false promises can't be trusted. There are a lot of good ones out there, but it sounds like you might not have one.

Edited September 16, 2009 by brlukath

Gary and Alla · September 16, 2009

If your attorney indicated he would get it done faster, he lied. If he lied to you, he should not be your attorney. Typically they imply this by showing you the USCIS timelines. These are based on the OLDEST case in the system. This is usually one that has been fraught with errors. It is not unusual for this to be 10, 12, 0r 15 months old. Then the attorney shows you the cases he has gottne approved in 4 months, 6 months etc. VOILA! Ergo, he is Superman! No. This is normal. USCIS has no way to access them, except the useless customer service line. There is no back door for attornies. He has no way to contact them any more than you or I do. That is intentional and designed that way to be fair and not give advantage to slick willie lawyers.

Your case will take longer than it would have if you did it yourself (all else equal) and cost a whole lot more.

He has no idea how long it will take. Could be three months, could be 6 months. He has no control over that and his participation has no affect on it.

Jenn and Fuat · September 16, 2009

Hmmm... I've paid the consultation fee, and been given a list of documents I need to provide ( I have most already just from researching on the internet).. but after reading a few of these replies I am not so confident in the lawyer I talked to and if the Visitor Visa denials aren't going to play into this.... maybe it is better to do it on our own. Definitely cheaper!

I have some definite questions about documentation I would need to submit with the petition, but think that would belong in a different thread.

Thanks for the input !!

Edited September 16, 2009 by JennandFuat

Ellie-and-David · September 16, 2009

Read the guides. It breaks down all the evidence that you require and hundreds of successful petitions have been submitted thanks to the information on Visa Journey.

You do NOT need a lawyer!

Best of luck to you

Gary and Alla · September 16, 2009

1. Visitor visa denials have nothing to do with K-1 visa UNLESS the denial was for some bad thing, crime, etc. The usuall denial will not even be an issue for the K-1 and no questions will be asked. Non-issue.

2. Lawyers can not do it faster.

That said

Download a sample I-129f and G-325a from this site and read them, even start to fill them out, why not? It's free and you have a little time to invest in your fiance. See anything there you can't handle? Name? Address? Name of former spouse (if any) Can you prove you are a citizen? You have a US birth certificate? Anything you need an attorney for yet? Keep going. Names of your parents (tough one, I know) where have lived the last 5 years? Where did you work the last five years? Is there ANY of this your attorney can answer for you? What about documents? Your birth certificate? Divorce certificate (if applicable). Some photos of you with your fiance? Really tough, huh? Can you write two sentences about how you met in person? What about the "letter of intent"? Download the sample here and plug in your names. Have your fiance sign one.

You see, there really is nothing an attorney can do. The "consultation" you paid for was for him to determine if you qualify. He asked if you are a citizen (YES) he asked if you are free to marry (YES) he asked if you have met your fiance in person in the last two years (YES) he asked (maybe) if either of you had a criminal record (NO) If he asked anything else, it was to sound important, you qualify. The first page od instructions for the I-129f will tell you that for free.

Now this attorney has given you "questionaires". This means you have to give him ALL the information that he will enter into the blank spaces on the I-129f and G-325a, so you will have to research it and write it all out anyway. Why not right it into the forms and be done with the attorney? The documents you need to provide for him anyway. By the time you fill out his questionaire, you could be done with the petition. When you drive all that stuff to his office (with a check for his service) you could be dropping it in the mail. He also gave you a form to sign to send all information, correspondence, etc. to him. Why not send it to you? Why wait for him to open his mail and call you. You will be able to read the letters yourself.

Ask a question here and you will get an accurate answer for free in seconds, minutes at most, 24/7/365. Try to ask an attorney a question once he has your money. You will wait days for an answer and it may not be correct. Here you will get a concensus of answers. If someone gives you bad advice they will be corrected POST HASTE.

Just try it. You can always get the attorney if you decide it is too much for you.-

Jenn and Fuat · September 17, 2009

Your reply was funny! Probably wasn't meant to be.. but it did make me laugh after I read through all the information and realize I probably did not need the lawyer. If I had thought of everything along those lines, to begin with, I probably would already have the packet in the mail.

Our biggest concerns were the two Visitor Visa denials.. and the fact that we have significant age difference between us ( I'm older).. Since the visa denials were because they thought he was too much of a risk to stay, I suppose they won't play into this as STAYING is the whole point of this application.. the age difference.. If all the lawyer is going to be able to do is fill out the forms for me then he won't make any difference if they use that as a reason to deny the visa.

I can't thank this site enough for all the information I've received! Our packet it almost complete.. and we only need to have him sign the forms and send them to me..

We are having one slight problem with the forms and wondering how other people handled this.. his address won't fit in the spaces allowed. We've tried to alter the address a little, to make it fit, but then it's not accurate. There seems to be no way to fit the correct address on them.. same thing happens with parents date of birth. It does not fit properly and half the year disappears from the form.

If there is a way to change the font on these, to make them smaller, we can't figure it out.

Did anyone else run into the problem with a really long international address not fitting in the spaces allowed.. or the problem with the dates of birth not fitting properly? How did you make it work?

MouadsWife · September 17, 2009

Visitor visa's are hard to obtain, and petitioners frequently receive quite a bit of denials with the reason typically being that there is not sufficient enough information for you to return. The process does not go faster by retaining a lawyer. Typical timeframes for K1 visa is 6-8 months. Your past denials for a visitor visa will not impact your petition for the K1. Unless your case is difficult with alot of red flags, you are just as well off doing the papers yourself and saving the money and not paying a lawyer.

Gary and Alla · September 17, 2009

I have come to the conclusion that just saying immigration attorneys are tapewroms may not be so effective. I just say...try it for free, why not? What's to lose in practicing to fill out the forms? Beats doing a crossword puzzle. Then in a few minutes the form is filled out and VOILA! The need for an attorney vanishes.

The age difference IS a red flag in some consulates. I am not so sure about Turkey. It means you need to document everything better. The attorney cannot prevent a denial for this, your age is your age. If he has some way to turn back the clock, let me in on it! THAT I would pay for!

You will NEVER be denied for age difference, it is not a disqualifying factor, They CAN deny for "not clearly eligible" and how does the attorney fight that? At any rate, you can always hire an attorney if that time comes. There is nothing an attorney can do up front to prevent this. Visas are denied at the consulate level...the interview. He will not be at the interview (you thought he would fly to Ankara or something?). You can only keep complete and accurate documentation of your relationship and hope for the best. It is UP TO YOU in any case. The attorney is not communicating with your fiancee, you are. You can send the documentation to him or the attorney can, but the attorney does not create a relationship, nor does hiring an attorney make the relationship "legitimate" in itself. The realtionship is legitimate or it isn't. If it is, legitimate relationships generate legitimate documentation, it just kinda happens that way. You just have to keep copies of it.

The good people here will help you. There are some pretty knowledgeable people here using the Turkey consulate, Bobby_Umit is one of them.

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