Should I hire an immigration lawyer?

[Happa54 0]

Hello All....

This is my scenario...

I am an American citizen by birth (born and raised in the USA).

I recently married my girlfriend who resides in Canada.

She is there on an open work permit.

Her citizenship is from the Phillipines.

As easy as it sounds, completing government documentation can have it's complexities and as such, I want to do it right the first time.

I am filing the I-130 and I-129f and G325 forms in order to get her here so we can commence with our future.

The forms are self explanatory and quite easy to complete.

My question is....

"should I hire a lawyer or paralegal to review my docs, or should I complete the docs and meet with an immigration officer and have them review the docs?"

Seems simple enough....right?

Your feedback is appreciated.

[LeftCoastLady 441]

Hello All....

This is my scenario...

I am an American citizen by birth (born and raised in the USA).

I recently married my girlfriend who resides in Canada.

She is there on an open work permit.

Her citizenship is from the Phillipines.

As easy as it sounds, completing government documentation can have it's complexities and as such, I want to do it right the first time.

I am filing the I-130 and I-129f and G325 forms in order to get her here so we can commence with our future.

The forms are self explanatory and quite easy to complete.

My question is....

"should I hire a lawyer or paralegal to review my docs, or should I complete the docs and meet with an immigration officer and have them review the docs?"

Seems simple enough....right?

Your feedback is appreciated.

The forms you listed are for the K-3, which is essentially obsolete at this point. You should read the guide on the IR-1/CR-1, which is just the I-130 and G-325a: http://www.visajourney.com/content/i130guide1

If you can read through the guide, the sample forms, and ask any questions you have on VJ, you should be able to do everything on your own without hiring an attorney. Unless there's something more complex about your situation that you haven't included, you should be OK.

[Caryh 5,206]

Unless there is something extra complicated about your case, you do not need a lawyer. Read the guide, and ask any questions you have in the forum and you'll be fine. Its been shown here that lawyers are more often the problem in the process, and not the solution.

[Julie y Pat 67]

I wouldn't call it a complication, I think it's on page two of the I-130, the question asks the US consulate where the interview will take place. You'd want to indicate the correct consulate in Canada, if that's where you want the interview to take place. If I were you, I'd compare NOA2 to interview times in both Canada and Philippines, because I always remember reading about how many months it took for interviews in Canada, it may save a few months if your wife went to Manila for her interview.

[Happa54 0]

Thanks to everyone for your feedback.

When I read the 130 form, it referenced using the 129f form in order to get my wife to the USA while the 130 is pending.

Is this now the incorrect procedure?

My scenario is as I've described. I am not aware of anything that could complicate the process.

You say, "interview in the Phillipines instead of Canada?" Wow!...now that sounds complicated due to travel and timing.

Must do some more research but I will read what you've recommended.

Thank you

[LeftCoastLady 441]

Thanks to everyone for your feedback.

When I read the 130 form, it referenced using the 129f form in order to get my wife to the USA while the 130 is pending.

Is this now the incorrect procedure?

My scenario is as I've described. I am not aware of anything that could complicate the process.

You say, "interview in the Phillipines instead of Canada?" Wow!...now that sounds complicated due to travel and timing.

Must do some more research but I will read what you've recommended.

Thank you

Where are you seeing reference to the I-129F form within the I-130?

http://www.uscis.gov/files/form/i-130.pdf

The I-129F is used for the K-1 fiancé(e) petition process. As mentioned upthread, the K-3 visa is obsolete, so there is really only the IR-1/CR-1 option for you since you two are already married.

[Leatherneck 693]

Thanks to everyone for your feedback.

When I read the 130 form, it referenced using the 129f form in order to get my wife to the USA while the 130 is pending.

Is this now the incorrect procedure?

My scenario is as I've described. I am not aware of anything that could complicate the process.

You say, "interview in the Phillipines instead of Canada?" Wow!...now that sounds complicated due to travel and timing.

Must do some more research but I will read what you've recommended.

Thank you

The I-129F will be administratively closed at NVC, save the time and effort since it gets closed anyway. File the I-130 and call it a day.

[BlueBonnet 84]

You say, "interview in the Phillipines instead of Canada?" Wow!...now that sounds complicated due to travel and timing.

Whomever said this is incorrect. I am a UK Subject, in no way shape or form am I Canadian ( by legal standpoint. I was only a PR ). I was raised in Canada only. When I first looked into this, I spoke with a lawyer. They too told me I would have to interview in the UK. I was like, for real ?! But nope. When it came time to go to the US consulate in Vancouver they emailed me this ( Ive altered my personal info )

Subject: K1 visa VAC

Date: Tue, 14 Sep 2010 10:20:07 -0700

From: Vancouverk@state.gov

To:

Dear Ms. ,

Are you landed immigrant in Canada, on employment authorization or are pursuing a full-time academic program? If you are in one of these categories, please provide evidence from a Canadian authority.

K Unit

Vancouver, BC

This email is UNCLASSIFIED.

So as you can see, you can very well interview in Canada, even if youre a citizen of another country, aslong as the person has approval from the Canadidan government to be in the country on the day of the interview. I really wish people on this board wouldnt answer the questions that they dont know the honest answer to.

[TnJ 131]

Whomever said this is incorrect. I am a UK Subject, in no way shape or form am I Canadian ( by legal standpoint. I was only a PR ). I was raised in Canada only. When I first looked into this, I spoke with a lawyer. They too told me I would have to interview in the UK. I was like, for real ?! But nope. When it came time to go to the US consulate in Vancouver they emailed me this ( Ive altered my personal info )

So as you can see, you can very well interview in Canada, even if youre a citizen of another country, aslong as the person has approval from the Canadidan government to be in the country on the day of the interview. I really wish people on this board wouldnt answer the questions that they dont know the honest answer to.

What the OP's response was referring to:

I wouldn't call it a complication, I think it's on page two of the I-130, the question asks the US consulate where the interview will take place. You'd want to indicate the correct consulate in Canada, if that's where you want the interview to take place. If I were you, I'd compare NOA2 to interview times in both Canada and Philippines, because I always remember reading about how many months it took for interviews in Canada, it may save a few months if your wife went to Manila for her interview.

It was a viable suggestion not a declaration.

Edited May 17, 2012 by ToddnJessa

[ChetT 9]

Wouldn't it be nice if all the VJ junkies are locals as well as petitioner? They review paperwork and collect money. Then throw a party once or twice a month. I am down for it when someone ask for advice

[Ryan H 3,790]

When I read the 130 form, it referenced using the 129f form in order to get my wife to the USA while the 130 is pending.

Back in the early days of the K3, the I-130 that was filed first and the I-129F that was filed second took separate tracks. It was also during that time that it took years before an I-130 petition was adjudicated.

Much has changed since then.

In 2006, USCIS started tying the two petitions together. Petitions are tied together like this, the I-130 is pulled from its current place in the queue and placed with the I-129F that was just submitted.

Both petitions are usually adjudicated at the same time and a decision is made at the same time. If approved, both petitions are sent to the NVC at the same time.

In February 2010, NVC implemented a policy that states if an approved I-130 is on station at the NVC, the I-129F that was filed to start the K3 process is administratively closed. Since both petitions usually arrive at the NVC at the same time, this policy kicks in. There have been instances of the I-129F arriving at the NVC ahead of the I-130, a scenario that results in the K3 going forward. However, such instances have been few and far between.