Attorney advice k3-IR1

[Karee 4,189]

people i need help here and that is why I am part of visa journey, lets not squabble here. I do just want the truth though, and if you do not know what you are talking about please refrain form responding. Pretty nervous over, and really sick of coming back and forth to peru. Want my family together in that states just as much as all of us.........so please speak nothing but the truth here.

I apologize. I just will not sit by while you're given bad information that is passed off as fact. I believe a moderator has already stepped in and taken the appropriate action.

[Ban Hammer 12,857]

I apologize. I just will not sit by while you're given bad information that is passed off as fact. I believe a moderator has already stepped in and taken the appropriate action.

i've also asked pushbrk to stop by this thread.

[rade2rising 205]

your attorney did not scam you and he is right to get waiver for overstay. Its not his fault K3 became obsolete and CR1 track has to be pursued. So far he has delivered what you paid him for.

Reading your posts here I think you need to pay this guy the money and proceed because DIY is not always best for EVERYONE.

If you want to do it then follow the link karee gave you....

that is still my advise.

[Karee 4,189]

i've also asked pushbrk to stop by this thread.

Perfect. Jeffrey, pushbrk will have some decent advice for you.

[geoffrey 0]

who is pshbrk?

[pushbrk 12,145]

Since you paid the attorney already to handle the waiver, you're between a rock and a hard place. You might try negotiating a lower Consular Processing Fee on the basis the attorney should have known in advance there would be no K3 visa. Alternatively, you could handle the process from now to visa denial on your own and then have the attorney proceed with the waiver portion.

[geoffrey 0]

Since you paid the attorney already to handle the waiver, you're between a rock and a hard place. You might try negotiating a lower Consular Processing Fee on the basis the attorney should have known in advance there would be no K3 visa. Alternatively, you could handle the process from now to visa denial on your own and then have the attorney proceed with the waiver portion.

In your opinion pshbrk why would of this attorney done such a thing, knowing what was most likely going to happen with the k3.......

[pushbrk 12,145]

In your opinion pshbrk why would of this attorney done such a thing, knowing what was most likely going to happen with the k3.......

I don't know whether the attorney actually knew the current status of the K3 visa and what was going to happen. I said the attorney should have known. Some don't keep up with current events but the most recent change was in February, 2010. If the attorney handled other spouse visa cases since then, this would not be the first time they saw the I-129F administratively closed when it arrived at NVC.

Edited July 9, 2012 by pushbrk

[pushbrk 12,145]

he already charged me extra for the waiver, but now he is saying that he needs more money for consular processing in addition to what has already been charged. Doe this make sense? Another 2500 to help with consular processing........

All things are relative. Whether $2,500 more makes sense depends on how much you already paid. How much for the visa process and how much for the waiver? You see, if the K3 went through, the attorney would probably be looking at charging about the same $2,500 for adjustment of status assistance, so again, it's all relative. Some attorneys charge a lot more than others. Whether it's worth it, depends on you.

[geoffrey 0]

All things are relative. Whether $2,500 more makes sense depends on how much you already paid. How much for the visa process and how much for the waiver? You see, if the K3 went through, the attorney would probably be looking at charging about the same $2,500 for adjustment of status assistance, so again, it's all relative. Some attorneys charge a lot more than others. Whether it's worth it, depends on you.

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I have already paid 3500 for the k3 and the waiver preparation. So in your opinion 2500 is not crazy? I know for fact he has handled other cases similiar to mine from testimonies in his office. SO I ask again, why would he have pushed for k3 instead of just going for the ir-1 in the beginning?

[pushbrk 12,145]

I have already paid 3500 for the k3 and the waiver preparation. So in your opinion 2500 is not crazy? I know for fact he has handled other cases similiar to mine from testimonies in his office. SO I ask again, why would he have pushed for k3 instead of just going for the ir-1 in the beginning?

You'll have to ask him the why and whether he knew questions but if you were only charged $3,500 total for the K3 AND the waiver, then $2,500 is far too much to just handle the NVC stage. Interview preparation and anything related to the Consulate directly would be the same for K3 and IR1. Some of the NVC stage is the same too, in that they both require (different) affidavits of support and the DS230.

I would give him the information to show how he SHOULD have known the K3 was a blocked path and maybe offer to pay an extra 700 to 1000 for the NVC part of the process, at MOST.

To illustrate, how this is all relative, some attorney's might have charged you $10,000 or more for a K3 process plus a 601 waiver. In that case, an extra $2,500 would seem relatively reasonable. What is NOT reasonable is that he wasn't up to speed enough to know about the K3 being a blocked path for more than two years.

[geoffrey 0]

You'll have to ask him the why and whether he knew questions but if you were only charged $3,500 total for the K3 AND the waiver, then $2,500 is far too much to just handle the NVC stage. Interview preparation and anything related to the Consulate directly would be the same for K3 and IR1. Some of the NVC stage is the same too, in that they both require (different) affidavits of support and the DS230.

I would give him the information to show how he SHOULD have known the K3 was a blocked path and maybe offer to pay an extra 700 to 1000 for the NVC part of the process, at MOST.

To illustrate, how this is all relative, some attorney's might have charged you $10,000 or more for a K3 process plus a 601 waiver. In that case, an extra $2,500 would seem relatively reasonable. What is NOT reasonable is that he wasn't up to speed enough to know about the K3 being a blocked path for more than two years.

this is the most current response I have received form my attorney.

"It is an entirely different process to do Consulate Processing. It is unclear why they 'administratively closed' the K3 (which I can confirm), but if you want to retain my firm to do the Consulate Processing, I had previously sent you the costs. The I-130 does not constitute Consulate Processing"

it just seems weird. is this true?

You'll have to ask him the why and whether he knew questions but if you were only charged $3,500 total for the K3 AND the waiver, then $2,500 is far too much to just handle the NVC stage. Interview preparation and anything related to the Consulate directly would be the same for K3 and IR1. Some of the NVC stage is the same too, in that they both require (different) affidavits of support and the DS230.

I would give him the information to show how he SHOULD have known the K3 was a blocked path and maybe offer to pay an extra 700 to 1000 for the NVC part of the process, at MOST.

To illustrate, how this is all relative, some attorney's might have charged you $10,000 or more for a K3 process plus a 601 waiver. In that case, an extra $2,500 would seem relatively reasonable. What is NOT reasonable is that he wasn't up to speed enough to know about the K3 being a blocked path for more than two years.

I sent him the link on travel.state.gov weeks ago after I learned about it. He acted as though it had no bearing upon my case.

[Karee 4,189]

this is the most current response I have received form my attorney.

"It is an entirely different process to do Consulate Processing. It is unclear why they 'administratively closed' the K3 (which I can confirm), but if you want to retain my firm to do the Consulate Processing, I had previously sent you the costs. The I-130 does not constitute Consulate Processing"

it just seems weird. is this true?

I sent him the link on travel.state.gov weeks ago after I learned about it. He acted as though it had no bearing upon my case.

How long have you lived in Peru? It almost seems like he is talking about DCF (Direct Consular Filing)

[pushbrk 12,145]

this is the most current response I have received form my attorney.

"It is an entirely different process to do Consulate Processing. It is unclear why they 'administratively closed' the K3 (which I can confirm), but if you want to retain my firm to do the Consulate Processing, I had previously sent you the costs. The I-130 does not constitute Consulate Processing"

it just seems weird. is this true?

I sent him the link on travel.state.gov weeks ago after I learned about it. He acted as though it had no bearing upon my case.

Hard to say. He may be stonewalling and playing dumb or is simply clueless. Why not just handle the NVC process on your own and then if/when the visa is denied, the attorney can follow through with the waiver. To do this, you'll need to contact NVC directly and provide a DS3032 from your spouse naming you as agent of choice.

I agree the attorney may be thinking of a DCF filing instead of NVC. If so, that confirms he's either clueless or scamming you.

[issha2lynden 77]

Hard to say. He may be stonewalling and playing dumb or is simply clueless. Why not just handle the NVC process on your own and then if/when the visa is denied, the attorney can follow through with the waiver. To do this, you'll need to contact NVC directly and provide a DS3032 from your spouse naming you as agent of choice.

I agree the attorney may be thinking of a DCF filing instead of NVC. If so, that confirms he's either clueless or scamming you.

I suspect the same, this case is very educational. I am not familiar myself with the waiver process but if OP has paid the law firm for it to be prepared already then so I think it's worth to try "do it myself" the NVC process 'till you get to interview stage then if God forbids you'll face hurdle then there's the lawyer. I applied for K3 myself and I am even thankful it got administratively close as I-130 got approved at NVC first, man! VJ says adjusting or AOSing here later takes another year and it seem to cost more. Their is a helpful guide what to do next here and at NVC site. OP should not worry about I-130 packet as that should have been sent at USCIS stage. I just think the lawyer is more of not aware about the system changes. My sister in law husband works as a border patrol and until now they insists that K1 visa route is faster than CR1 and it's uncomfortable to chime in and say NO and act like I know better than him who supposedly know better than me.