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Happa54

Should I hire an immigration lawyer?

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Filed: Other Country: Philippines
Timeline

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.

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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. :thumbs:


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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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.


K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

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.

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Filed: Other Country: Philippines
Timeline

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

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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.


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Filed: Country: Philippines
Timeline

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.


"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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Filed: AOS (apr) Country: Canada
Timeline

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.


~~~ Hes the chance Im taking ~~~

April 2007 - Met online

Oct. 2008 - He came to Canada to meet me

Dec 25 2009 officially engaged

March 2010 - sent off I-129F

March 27 2010 - Vermont receives package :)

April 3 2010 - Informed through mail that cheque is cashed NOA1

May 28 2010 - RFE notification ( yeah Im online checking alot >.< )

June 5 2010 - RFE hardcopy received

June 18 2010 - RFE returned ( had done it June 7 - but USPS returned grrrr )

--- case says we should hear from them in 60 days from June 18 ---

June 23 - Touched

Aug4 - Email notification of NoA2 :)

Aug. 10 - NOA2 Hardcopy received

Sept. 13 - Faxed off Package 3

Sept 14 - Interview notification set for Oct. 5

Oct. 5 2010 Interview Passed

March 17 2011 POE Canadian/US border

April 1 2011 Marriage

Mailed AOS June 1

Chicago Lockbox confirms delivery June 3

Check cashed through bank - notification June 9

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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 by ToddnJessa

Our K-1 and AOS Journey

05/12-05/22/10-met my sweetheart and family(had lots of fun!)
12/13-12/26/11-met again for engagement/Christmas
04/10/12-I-129F petition sent
04/13/12-USPS delivery confirmation
04/18/12-NOA1 text/email
04/21/12-NOA1(receipt 04/17/12)
10/10/12-NOA2 text
10/15/12-NOA2 letter received
10/27/12-NVC letter received
11/28/12-Medical Exam-PASSED
12/07/12-K-1 Interview-APPROVED

02/12/13-POE-Atlanta
03/04/13-Wedding
03/27/13-AOS,EAD,AP delivered
04/03/13-NOAs text/email
04/08/13-NOAs received
04/26/13-Biometrics appointment(walk-in done 04/17)

06/03/13-EAD card production/AP post decision approval

06/10/13-EAD/AP combo card received

04/04/14-AOS card production/decision

04/11/14-NOA2 welcome to the USA

04/12/14-Received GC

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Filed: Lift. Cond. (apr) Country: China
Timeline

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.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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