Lawyer Qustion

[TheZone 0]

I have a quick question. I am trying to get my fiancée here to the United States with a K1 visa. I need to know if it is better for me to hire a lawyer to help with the requirements or if we should just do it ourselves. In addition, she is not currently pregnant. I will see her this November. If she does get pregnant, is it harder for her to come to the United States and to receive a K1?

Edited September 27, 2012 by TheZone

[Pitaya 2,576]

Welcome to the forum.

Since this is primarily a DIY (Do-It-Yourself) forum, you will likely get many responses from that perspective. If you can't do it yourselves, seek legal advice.

YMMV.

[Kathryn41 3,205]

The only concern with the pregnancy is that the Consulate may require a paternity test to ensure that you are indeed the father. Depending on the timing of the pregnancy, this may cause a delay in the processing. If the visa takes a long time to process, then she may end up having the child before she comes to the US. That would then entail you filing a Registration of Birth Overseas and having to get a passport for the baby before he/she could travel to the US - again causing more delays. The best advice would be 'don't get pregnant' until after she is in the US. They know what causes it now and it can be prevented .

Edited September 27, 2012 by Kathryn41

[wilfon 30]

I have a quick question. I am trying to get my fiancée here to the United States with a K1 visa. I need to know if it is better for me to hire a lawyer to help with the requirements or if we should just do it ourselves. In addition, she is not currently pregnant. I will see her this November. If she does get pregnant, is it harder for her to come to the United States and to receive a K1?

I thought the same thing as you. Should I get a lawyer or not? This website is amazing and most of the people on here are very helpful. I believe you can do this process without a lawyer. I am not the most organized person in the world, but I managed to get everything together with the help of my amazing fiance.

It will not make a difference if she gets pregnant, unless she will be due around the time you get your approval, since she will not be able to fly after she is so many months pregnant.

I will be glad to help. Good Luck.

[apple21 953]

In addition, she is not currently pregnant. I will see her this November. If she does get pregnant, is it harder for her to come to the United States and to receive a K1?

If she gets pregnant and gives birth here in the Philippines, it will cost additional weeks or months of paper work for you, since you would have to file CRBA for the baby in order for the child to claim US citizenship and a US passport.

In my opinion, you can do the filing for yourselves but (if possible) postpone the baby until she's already in the US.

Goodluck!

[djricky4 67]

I have a quick question. I am trying to get my fiancée here to the United States with a K1 visa. I need to know if it is better for me to hire a lawyer to help with the requirements or if we should just do it ourselves. In addition, she is not currently pregnant. I will see her this November. If she does get pregnant, is it harder for her to come to the United States and to receive a K1?

yup, better to put off the baby talk until she is there. it could help to speed things up if it was the other way around. i like your self was clueless about the who process and by using VJ, i got wealth of knowledge about the who process. saved us a lot of $$$$

[aaron2020 11,651]

I have a quick question. I am trying to get my fiancée here to the United States with a K1 visa. I need to know if it is better for me to hire a lawyer to help with the requirements or if we should just do it ourselves. In addition, she is not currently pregnant. I will see her this November. If she does get pregnant, is it harder for her to come to the United States and to receive a K1?

"Better" is a relative term. If you have the time and can follow instructions explicitly, then you can petition on your own like lots of other Do-It-Yourself folks here. If you don't have the time or desire to learn about the process, then get an attorney to fill out the forms for you.

Pregnancy is irrelevant. She would neither be penalized for being pregnant or rewarded by having her case expedited for being pregnant.

[madtownguy 164]

Wouldn't the baby be a reason for the government to speed up the process? I thought it would be expeditable or something then. She would technically be 1/4 US citizen... that's better than nothing I guess.

[aaron2020 11,651]

Wouldn't the baby be a reason for the government to speed up the process? I thought it would be expeditable or something then. She would technically be 1/4 US citizen... that's better than nothing I guess.

Pregnancy by itself is not a reason to expedite. If it is a high risk pregnancy, then it is possible to expedite on medical grounds. A normal pregnancy will not be expedited.

The not-yet-born are not US citizens. . . not even 1/4. No considerations is given to an unborn "future" US citizen because every immigrant is a potential "future" US citizen.

Also, a person is either a US citizen or not. There is no such thing as a 1/4 US citizen. It's like being 1/4 pregnant; a person is either pregnant or not - there is no 1/4 pregnant.

Edited September 27, 2012 by aaron2020

[Karee 4,189]

If you don't have the time to fill out the forms, than get a lawyer. Other than that it's a waste of money. If you call fill out a tax return, you can do this on your own unless you have something out of the ordinary.

[sjr09 155]

If she gets pregnant and gives birth here in the Philippines, it will cost additional weeks or months of paper work for you, since you would have to file CRBA for the baby in order for the child to claim US citizenship and a US passport.

In my opinion, you can do the filing for yourselves but (if possible) postpone the baby until she's already in the US.

Goodluck!

The "paper work" took me, less then 20 minutes to fill out the DS 2029 Consular Report of Birth Abroad (CRBA) and the DS 11 Application for US Passport they are only single page forms. Going over the CRBA checklist for supporting documentation 5 minutes. Gathering documents less then 1 hour. The time waiting and interview at USEM was about two hours, "weeks or months of paper work" rubbish I did the whole process in less then a day.

Edited September 27, 2012 by sjr09

[apple21 953]

The "paper work" took me, less then 20 minutes to fill out the DS 2029 Consular Report of Birth Abroad (CRBA) and the DS 11 Application for US Passport they are only single page forms. Going over the CRBA checklist for supporting documentation 5 minutes. Gathering documents less then 1 hour. The time waiting and interview at USEM was about two hours, "weeks or months of paper work" rubbish I did the whole process in less then a day.

It will take time to acquire a copy the baby's NSO birth certificate because from the hospital it will be first turned over to the Local Civil Registry of the municipality where the baby is born then passed on to the National Statistics Office Head Office at Quezon City.

The Embassy process may have been quick but gathering ALL the CRBA requirements will take time.

Edited September 27, 2012 by apple21

[sjr09 155]

It will take time to acquire a copy the baby's NSO birth certificate because from the hospital it will be first turned over to the Local Civil Registry of the municipality where the baby is born then passed on to the National Statistics Office Head Office at Quezon City.

The Embassy process may have been quick but gathering ALL the CRBA requirements will take time.

Now your talking about one document. Yes, the birth certificate is issued shortly after an individual's birth, the 'entire' process was, and is quick, not "months" as you implied.

[1HappyGuy 45]

The choice of whether to use an attorney is yours and depends generally upon a couple of things. Do you have enough money for an attorney or Do you feel confident enough using the guides on VJ along with the help of others on this site? Remember that when choosing an attorney you need to know that person is qualified. Do not choose one that does not specialize in immigration matters.

As far as pregnancy, that will only complicate matters. Wait until she is here.

[aws&ndd 103]

If you have a fairly straightforward case, then you may just end up wasting money on a lawyer, money you could save for other parts of the process, or a trip to visit your fiance. The forms are fairly simple and if you can follow the instructions, follow the guides, then you will be alright doing it yourself. I filed the petition myself, and was approved without an RFE. Just fill in the information they ask for, include some evidence, and you're good.