Really don't know what to do...

[djeslinger 0]

First allow me to say this is a great site and thanks to everyone for their input in advance. I have read many internet articles and advertisements and stumbled across this site. (thank God) I have searched but have failed to find this question at least this bluntly stated. I am the USC and my Fiancee is from Ecuador. I have some possible red flags and want to know if the concensus is I need a lawyer or do it myself. I am capable of filling out the forms but am worried also about an omission. Here are the potential the flags.

Two felony convictions in 1985. Only one is supposed to be showing in the records but who knows for sure. Did not serve prison time, probation only. Both are long behind me with no further problems.

Next, Reported income level is Not above the 125% guidlines, and i am self employed.

So, Plain and simple, Hire an attorney or not?

And i'm also curious, Are the "Cupid" websites considered a marraige broker?

[payxibka 10,045]

First allow me to say this is a great site and thanks to everyone for their input in advance. I have read many internet articles and advertisements and stumbled across this site. (thank God) I have searched but have failed to find this question at least this bluntly stated. I am the USC and my Fiancee is from Ecuador. I have some possible red flags and want to know if the concensus is I need a lawyer or do it myself. I am capable of filling out the forms but am worried also about an omission. Here are the potential the flags.

Two felony convictions in 1985. Only one is supposed to be showing in the records but who knows for sure. Did not serve prison time, probation only. Both are long behind me with no further problems.

Next, Reported income level is Not above the 125% guidlines, and i am self employed.

So, Plain and simple, Hire an attorney or not?

And i'm also curious, Are the "Cupid" websites considered a marraige broker?

1) Depends on the type of felony convictions and whether they fall under Adam Walsh or disclosed under IMBRA

2) No attorney is going to help you make up your income short fall. I-134 is submitted to the consulate not with the I-129F so you have time to figure it out.

3) depends on the website but probably not a marriage broker

[az110965 252]

Welcome to VJ!

The question of whether or not to hire an attorney has been discussed many times and the answer is always the same "if you have a typical case and can read and follow directions then a lawyer is not necessary".

Having said that, you have some issues which we need to discuss:

1) Two felony convictions. Without knowing the nature of your convictions, it's difficult to offer advice. If your convictions are moral crimes or violent crimes then you may fall under the provisions of Adam Walsh Act filers - this can be a long and tedious journey, but some applicants have been sucessful. If your convictions were drug related (and there were only two of them), then you won't need a waiver under IMBRA law - so it depends on what your convictions were for.

2) Income under 125% of poverty level. Believe it or not, having income under 125% of the poverty guidelines will be more difficult to overcome than your prior felony convictions. A lawyer can not overcome this obstacle - instead you'll need a co-sponsor or assets to offset the shortage in income (generally 3:1 ratio of assets - so if you fall $3,000 short, you'll need $9,000 in assets).

I hope this helps in a general sense. If you can be more specific in what your circumstances are we can give better guidance as to whether or not an attorney is indicated in your case.

Good luck,

Alan

[Indy90 21]

First allow me to say this is a great site and thanks to everyone for their input in advance. I have read many internet articles and advertisements and stumbled across this site. (thank God) I have searched but have failed to find this question at least this bluntly stated. I am the USC and my Fiancee is from Ecuador. I have some possible red flags and want to know if the concensus is I need a lawyer or do it myself. I am capable of filling out the forms but am worried also about an omission. Here are the potential the flags.

Two felony convictions in 1985. Only one is supposed to be showing in the records but who knows for sure. Did not serve prison time, probation only. Both are long behind me with no further problems.

Next, Reported income level is Not above the 125% guidlines, and i am self employed.

So, Plain and simple, Hire an attorney or not?

And i'm also curious, Are the "Cupid" websites considered a marraige broker?

From what I have read here, getting a joint sponsor (assuming you can find one) will not be a problem in Ecuador-they could care less about your income as long as the paper work is done right, and it does not seem to be too hard to do.

If you have looked at the reviews for Ecuador or have taken a look at the thread that I am pasting at the bottom of my comments, you will have seen that Guayaquil, which is where the interview will take place, is a very difficult consulate. I did not meet my wife through the internet but rather when I was living in Ecuador for over a year, so I am not sure what the COs there tend to think about internet relationships, but I would make my best effort to get as much evidence as possible and send as much of it with your I 130 application (you can make copies of certain items). I do know that recently people have been denied despite the fact that they have known their spouse/fiancee for years, so you need to be extremely cautious. You need to show that you have spent time with your fiancee, have pictures, email/call records and really anything else that you can think of. PAY ATTENTION to whatever tbonex says; he has been here for a couple of years and is very familiar with the consulate in Guayaquil.

As far as criminal conviction, it depends on what exactly happened, just like everybody else is saying. Make sure your fiancee fully understands what happened so that she does not get surprised with a question at the interview. If your "reported income" is not your actual income, you do need to get that straightened out because this is just the start of the process.

Best of luck!

http://www.visajourney.com/forums/topic/110313-us-consulate-in-guayaquil-ecuador/

Edited May 11, 2010 by Indy90

[pushbrk 12,979]

First allow me to say this is a great site and thanks to everyone for their input in advance. I have read many internet articles and advertisements and stumbled across this site. (thank God) I have searched but have failed to find this question at least this bluntly stated. I am the USC and my Fiancee is from Ecuador. I have some possible red flags and want to know if the concensus is I need a lawyer or do it myself. I am capable of filling out the forms but am worried also about an omission. Here are the potential the flags.

Two felony convictions in 1985. Only one is supposed to be showing in the records but who knows for sure. Did not serve prison time, probation only. Both are long behind me with no further problems.

Next, Reported income level is Not above the 125% guidlines, and i am self employed.

So, Plain and simple, Hire an attorney or not?

And i'm also curious, Are the "Cupid" websites considered a marraige broker?

IMO, the issues you describe don't scream ATTORNEY to me. However, the decision to hire professional help is a personal one that I think depends on a lot more than whether you have a complicated case. The factors I would consider important are....

1. Do you have the time and inclination to spend at least a hundred hours over the next few months to learn the process?

2. Do you have confidence you can and will read carefully, interpret literally and answer accurately?

3. Does this confidence come from having previously dealt with government forms and agencies?

4. Are you reading and writing skills advanced enough to do as described in 2 above?

There are other conditions and just to cut certain comments off at the pass, I'm not saying people who can't answer yes to all of the above will fail. I'm saying each of these items is something to consider in making your decision.

[djeslinger 0]

thank everyone, this is a tough choice. i am capleable of filling out forms but as to what is needed in addition is what concerns me....

[Brother Hesekiel 2,236]

Your taxable income is too low? Lower than the required income that is so low already that a real person living in the USA could not really make a living off of it, unless they would live rent free or in a tent or vehicle somewhere and eat dog or cat food?

And you are self employed? How easy is that problem to solve! Amend your latest (2010) tax return by listing those added sources of income you regrettably forgot on April 15, until you meet the income level. Such as: dog walking, baby sitting, yard sales, eBay sales (amazing that you can afford a computer and Internet connection ). No need to have receipts for those cash transactions; you just report it as income and . . . voila! . . . no co-sponsor needed.

Since the income level is so unrealistically low, you can easily add thousands of dollars in reported income and only have to pay the 15.7% self employment tax which is not really a tax but social security payments, meaning you get it back when you retire! So if you add another $3,000 in income, all you have to pay is $471 into Social Security. What a deal, and probably beats the bribe you would have to pay someone for signing their life over for the next 10 years or longer.

[djeslinger 0]

thx bob but you are far from correct on the tax issue. an income difference of just over 4k would have increased my tax burden over $1000.

While you may doubt these numbers i assure you i am correct as it was only LAST MONTH i wrestled with this issue, looking at all the numbers. Remember this, the selff employment tax is actually figured on the gross, not the net.

In addition, it is not only a single year dilema. Would you suggest i go back and correct those returns as well?

the sponsor is actually not the problem as much as not knowing which papers are needing to be filed.

But thx again for the response and i invite you to comment on the actual question, Hire an attorney, yes or no?

Edited May 12, 2010 by djeslinger

[VanessaTony 3,567]

At the very least, I would consult with an attorney to determine if your felony convictions are anything to worry about. If they are, you can hire him on for the whole process, if they're not, you can do it yourself.

You will need a co-sponsor though.

[TBoneTX 45,536]

But thx again for the response and i invite you to comment on the actual question, Hire an attorney, yes or no?

I sent you a personal message. Welcome to VisaJourney, si man, and sympathies on having to deal with the Guayaquil consulate once you get through USCIS. Follow Indy90's advice to the letter regarding evidence of bona fide relationship. Read the thread that he supplied the link for, concentrating on the worst-case messages. Go atop this or any VJ page, click "Embassy Info," and read the worst-case information regarding Guayaquil. Atop this or any page, click "Reviews" and read the worst-case information regarding Guayaquil. If you begin now, and front-load the living dickens out of your USCIS petition, you may have a chance of surviving the eventual visa interview. You are very fortunate indeed that you haven't filed yet and can work to protect yourself.

[Indy90 21]

djeslinger, one other word of advice. If you choose to go with a lawyer, don't just choose the cheapest lawyer available. Pay attention to where they went to law school, their specialty and other factors. I am tired of people posting here on vj how their lawyer screwed their application up and that all lawyers are worthless. The truth is that the vast majority are very good at what they do and can be of great help, but it is human nature to go with the cheapest option available, which often means that people here choose one of the few bad lawyers or a lawyer whose specialty is not immigration. It is better to pay a little extra in the beginning to get a good result than pay less and in a few months find out that you are at square one because the lawyer had no idea what they were doing-and then have to go with a more expensive lawyer. I do not know if tbonetx provided any names, but it would be best to find a immigration lawyer who is familiar with the Guayaquil consulate.

[djeslinger 0]

Thanks again all for the info, It has been a big help.

I have been told the felonies are not a problem however just how to handle them varies greatly.

also the sponsor issue, i was told, is easily offset by assets so good news there too. For those that may be curious, the assets offset at a 3 to 1 ratio. so for example, if your income is 5k short you need 15k in "LIQUID" assets.

Tbone, you are correct in that frontload appears to be a valuable solution to many dilemas..... It appears the consulate cannot deny a visa for any reason the USCIS has already seen and approved.

I do wish i knew just what info was needed in regards to the felonies to preload instead of waiting for them to request specifics. Anyone have an answer here?

[Darnell 8,478]

if you're up to engaging a lawyer for a consult - I'm a big fan of Marc Ellis - he can give you a 'sanity check' for a few hours of billable time - google 'Marc Ellis Immigration' for his website and contact info.

[Indy90 21]

Thanks again all for the info, It has been a big help.

I have been told the felonies are not a problem however just how to handle them varies greatly.

also the sponsor issue, i was told, is easily offset by assets so good news there too. For those that may be curious, the assets offset at a 3 to 1 ratio. so for example, if your income is 5k short you need 15k in "LIQUID" assets.

Tbone, you are correct in that frontload appears to be a valuable solution to many dilemas..... It appears the consulate cannot deny a visa for any reason the USCIS has already seen and approved.

I do wish i knew just what info was needed in regards to the felonies to preload instead of waiting for them to request specifics. Anyone have an answer here?

Well, I'll let you know how much frontloading helps in a few months when we have our interview. We sent in a ton of stuff, so hopefully we do not have any problem. tbone, could you explain the "It appears the consulate cannot deny a visa for any reason the USCIS has already seen and approved" part? When the consulate denies somebody, they are denying something that has already been seen and approved my USCIS, right?

[az110965 252]

Well, I'll let you know how much frontloading helps in a few months when we have our interview. We sent in a ton of stuff, so hopefully we do not have any problem. tbone, could you explain the "It appears the consulate cannot deny a visa for any reason the USCIS has already seen and approved" part? When the consulate denies somebody, they are denying something that has already been seen and approved my USCIS, right?

I think what the OP is trying to say is that if USCIS approves the petition regarding his felony convictions then the Consulate will not have grounds to deny the visa for reasons of the prior felonies. That is not to say that the Consulate couldn't deny the visa for other reasons (ie: bonafied relationship, income requirements, etc)...

Alan