DCF Filing in London lawyer v. no lawyer

[kimberlysim 0]

I am an American citizen living and working in the UK. I am looking to move back to the USA with my soon to be husband who is a British citizen, also living and working in the UK. We have been told to file for the I130 and CR1 visa through the embassy in London and this is our best option as it will take less time and he will be able to work upon arrival in the US. We have had a consultation with a USA immigration specialist solicitor (lawyer) here in the UK but the fee is £3200!!! It seems so expensive and with filing fees it will be close to £5000 so we are trying to decide whether or not to hire the lawyer to take our case or to try it on our own.

 

Obviously we know that the safer option is to hire the immigration attorney however it will save us over £3000 if we do it ourselves. To give some background, I have applied, processed and received the following on my own in the past:

1 student visa (Schengen for Spain)

1 tourist visa for Brazil (extended with policia federal) which I overstayed by a couple years but did not get in trouble for

1 student visa Tier 4 in the UK, 2 work visas Tier 2 in the UK ( I am up to get a new visa in November as my visa is tied into 12 month contracts with my employer-a pain I know).

I applied and processed all of these visas on my own and never went through an agency or paid for an attorney. The spousal visa is much more complicated but after doing extensive research and having our consultation with the immigration lawyer I believe I have all of the documents/paperwork and processes clearly outlined.

 

I wouldn't say I am an expert at visas but I definitely have a lot of experience with them. We are tight on money so I am eager to not use a lawyer however I have to bear in mind that it is in fact my husband to be who will be filing and not myself and while I will help him he has absolutely no experience in doing anything like this. Does anyone have any experiences they can please share about not using an immigration lawyer and applying for i130/CR1 Visa through DCF (London) v using an immigration lawyer?!?!

[Transborderwife 4,666]

Lawyers over complicate the process.  They can be a liability.  If you can handle paperwork do it yourself and save 

[Wuozopo 4,294]

If you have the time to deal with form filling out, then you can certainly do it. My thoughts are it is safer to do it yourself because you care way more about your husband's visa than any solicitor does. You will give it utmost attention. Are you prepared to read instructions and study up on the procedures to save £3200?

 

Quote

however I have to bear in mind that it is in fact my husband to be who will be filing and not myself

You can still fill out and organize the paperwork. You just can't do the medical exam or interview in his place.

 

A few pieces of information--

 

 All spouse visas (CR1) will allow him to enter the US as a permanent resident (greencard holder) and thus work. The only difference is time saved because processing is all in London instead of with the massive backlog in the US. You do need to be married and have your certified marriage certificate in hand before you begin.

 

You do need your US tax returns for his interview, so I hope you have filed while abroad. If not, then catch up.

 

There are TWO parts to this. You (the American) file a petition packet to the USCIS field office in London. It is housed in the embassy complex, but is not part of the embassy/consulate. The petition is Form I-130 and accompanying documentation.

 

When that is approved, the whole file is transferred to the Immigrant Visa Unit under the Dept of State and embassy/consulate. That begins part 2.  An approved petition allows him to apply for a CR1 visa. 

 

Your USCIS petition Instructions start here: https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/?_ga=2.253357897.1367106535.1499692572-1641113824.1489155735

 

His visa application process and instructions start here: https://uk.usembassy.gov/visas/family-immigration/how-to-apply-2/

Edited July 10, 2017 by Wuozopo

[kimberlysim 0]

24 minutes ago, Wuozopo said:

If you have the time to deal with form filling out, then you can certainly do it. My thoughts are it is safer to do it yourself because you care way more about your husband's visa than any solicitor does. You will give it utmost attention. Are you prepared to read instructions and study up on the procedures to save £3200?

 

You can still fill out and organize the paperwork. You just can't do the medical exam or interview in his place.

 

A few pieces of information--

 

 All spouse visas (CR1) will allow him to enter the US as a permanent resident (greencard holder) and thus work. The only difference is time saved because processing is all in London instead of with the massive backlog in the US. You do need to be married and have your certified marriage certificate in hand before you begin.

 

You do need your US tax returns for his interview, so I hope you have filed while abroad. If not, then catch up.

 

There are TWO parts to this. You (the American) file a petition packet to the USCIS field office in London. It is housed in the embassy complex, but is not part of the embassy/consulate. The petition is Form I-130 and accompanying documentation.

 

When that is approved, the whole file is transferred to the Immigrant Visa Unit under the Dept of State and embassy/consulate. That begins part 2.  An approved petition allows him to apply for a CR1 visa. 

 

Your USCIS petition Instructions start here: https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/?_ga=2.253357897.1367106535.1499692572-1641113824.1489155735

 

His visa application process and instructions start here: https://uk.usembassy.gov/visas/family-immigration/how-to-apply-2/

 Yeah I understand that I can still do most of everything I am just worried about the amount of stress it might be. I am willing to do the research and work for £3200-I'm pretty good at this kind of stuff.

 

We've chosen CR1 instead of the K1 fiancée visa (we aren't married yet but are getting married in September)  and we are prepping now so that once we have our marriage certificate we can file the i130 immediately after. The idea was that we can file while we both have a steady income and guaranteed status here v. being on one salary and potentially apart for a long time if we did it in the US.

 

I am up to date on tax returns (ive been here 3 years and I was a student for year 1, made under $10,000 for year 2 (tax year) and filed for my third year just a couple months ago) I have documentation that proves it all through our CPA and my records.

 

I understand there are 2 parts- I'm currently wrapping my head around the i130 process which I now understand pretty well and will be looking into part 2 shortly. I know there are some bits we are already planning to get together beforehand such as figuring out how to get his police record document and how long its valid for. He also has to catch up on vaccinations as he refused a lot when he was younger and now has to get them or else pay during his medical exam. I'm also sorting out the financial support to prove I can hold us above the poverty line with our without me going out and working first.

 

Thanks for the reply and links

Edited July 10, 2017 by kimberlysim

[Wuozopo 4,294]

The police certificate is good for 12 months. That's covered in the Part 2 instruction link.

 

You can order tax return transcripts from the IRS (free). You only need tax year 2016 because I am assuming you show no US income with the foreign income exclusion. The most recent return is required. The optional two more that show no taxable income don't add anything so of no benefit. UK income won't count unless you will be continuing your exact job after moving to the US. About $60k in assets would work in lieu of having a US job currently.

 

The required shots are only those listed for adults. He doesn't have to catch up on all the baby shots. There's a  chart on the embassy website (in Part 2 link).

Edited July 10, 2017 by Wuozopo

[mindthegap 2,652]

DCF in London is pretty straightforward and fast, and pretty much all situations and nuances of the process will have been experienced by someone on here, so post up and ask if in doubt!

 

Unless you have some criminal or other complicating issue I would honestly say don't bother, as that is a hell of a fee for doing very little, and on top of the hefty filing fees too.

Have your ducks in a row, know exactly what is needed at what stage, have the forms filled and ready to go, and it will fly by and be done with very quickly.

 

Edited July 11, 2017 by mindthegap

[aless02 9]

You absolutely do not need a lawyer. Waste of money.

 

I am the US citizen and did every ounce of research and paperwork for my husband. I then coached him right before his medial & interview on what was going to happen, what everything he was taking in was, etc. It all went fine.

[kimberlysim 0]

On ‎10‎/‎07‎/‎2017 at 5:18 PM, Wuozopo said:

The police certificate is good for 12 months. That's covered in the Part 2 instruction link.

 

You can order tax return transcripts from the IRS (free). You only need tax year 2016 because I am assuming you show no US income with the foreign income exclusion. The most recent return is required. The optional two more that show no taxable income don't add anything so of no benefit. UK income won't count unless you will be continuing your exact job after moving to the US. About $60k in assets would work in lieu of having a US job currently.

 

The required shots are only those listed for adults. He doesn't have to catch up on all the baby shots. There's a  chart on the embassy website (in Part 2 link).

Thanks for that- I didn't realise the police certificate was good for 12 months. He can get that now then.

 

I assume I could get the tax return transcripts from the IRS website? Since I just filed a couple months ago I still have copies of the filing and documents my CPA has sent. I show no US income since 2014 and foreign income for 2016. I have had excess of $60k put into my account (not to use but to prove assets) from a family member who will withdraw it after we are settled in the US. I've done this for every visa requirement in the past where I have put the money necessary in for 3 months+ prior to my visa application, let it sit there then transferred it back to the family member after I received the visa.

 

He refused shots as a teenager so some of them he will have to do now. He would have got them for free under the NHS back then but now he will have to pay for them. I have a list of the shots and besides all the ones that were done as a baby he will need them.

[kimberlysim 0]

On ‎11‎/‎07‎/‎2017 at 2:42 AM, mindthegap said:

DCF in London is pretty straightforward and fast, and pretty much all situations and nuances of the process will have been experienced by someone on here, so post up and ask if in doubt!

 

Unless you have some criminal or other complicating issue I would honestly say don't bother, as that is a hell of a fee for doing very little, and on top of the hefty filing fees too.

Have your ducks in a row, know exactly what is needed at what stage, have the forms filled and ready to go, and it will fly by and be done with very quickly.

 

Yes I agree. It all seems pretty straightforward and thanks to the internet anything can be unpicked through research.

 

No complications thus far, we spoke with an attorney at first because he actually lived in the US as a child and got a SS number there so wanted to make sure that this wouldn't create any issues- which it wont.

[kimberlysim 0]

24 minutes ago, aless02 said:

You absolutely do not need a lawyer. Waste of money.

 

I am the US citizen and did every ounce of research and paperwork for my husband. I then coached him right before his medial & interview on what was going to happen, what everything he was taking in was, etc. It all went fine.

This is reassuring! I will be doing the same.

4 months! I am hoping for 4 instead of 6- we cant file until we get married and have our marriage certificate which should be in September but trying to get the i130 form filled out now ready to file right after the marriage.

[mindthegap 2,652]

58 minutes ago, kimberlysim said:

 

 

He refused shots as a teenager so some of them he will have to do now. He would have got them for free under the NHS back then but now he will have to pay for them. I have a list of the shots and besides all the ones that were done as a baby he will need them.

 

You dont need to pay for all of them with the NHS,  and uk citizens don't need all of them either (chicken pox aka varicella for example). 

 

If he refused the TB jab as a kid then don't go getting it unless the embassy medical people say - they X-ray the lungs to test for TB. 

I speak from experience here as I never had the TB jab either (naturally immune, so no scar on my upper left arm  ) and the medical did not require me to get one after they had viewed the x-rays.

 

Make an appointment with yhr nurse at his GP surgery and they will give what is needed/available, and also print off a vaccination history from the records.

[kimberlysim 0]

9 minutes ago, mindthegap said:

 

You dont need to pay for all of them with the NHS,  and uk citizens don't need all of them either (chicken pox aka varicella for example). 

 

If he refused the TB jab as a kid then don't go getting it unless the embassy medical people say - they X-ray the lungs to test for TB. 

I speak from experience here as I never had the TB jab either (naturally immune, so no scar on my upper left arm  ) and the medical did not require me to get one after they had viewed the x-rays.

 

Make an appointment with yhr nurse at his GP surgery and they will give what is needed/available, and also print off a vaccination history from the records.

Thanks,

 

Did you have to pay for the lung xray? from your timeline it looks like it caused a slight delay? and you had to go back for another xray? that would be a problem to have to keep going back to the medical GP in London as he hates doctors already and wont want to be there and would have to pay about £130 per train trip and take the day off work- we are based in the east midlands and he has limited holiday to take. I'm sure he would be thrilled at any option that does not involve him getting injections.

 

I'm not sure his GP has all of his records as he grew up in several different countries as a child (USA, Germany, France and Monaco). I know his mother has them all though.

[Wuozopo 4,294]

1 hour ago, mindthegap said:

If he refused the TB jab as a kid then don't go getting it unless the embassy medical people say - they X-ray the lungs to test for TB. 

I speak from experience here as I never had the TB jab either (naturally immune, so no scar on my upper left arm  ) and the medical did not require me to get one after they had viewed the x-rays.

 

A TB jab (BCG) has nothing to do with US immigration. It is not a shot given in the US and would never be required for anybody at Knightsbridge clinic. It is/was a shot given in the UK.

[mindthegap 2,652]

32 minutes ago, Wuozopo said:

 

A TB jab (BCG) has nothing to do with US immigration. It is not a shot given in the US and would never be required for anybody at Knightsbridge clinic. It is/was a shot given in the UK.

I am aware of this.

However, the OPs spouse may not be if they didn't have the BCG as a kid, and may mistakenly get it thinking they need it. 

Just trying to help avoid unnecessary expense, delays, and possible scars for something not needed!

[mindthegap 2,652]

1 hour ago, kimberlysim said:

Thanks,

 

Did you have to pay for the lung xray? from your timeline it looks like it caused a slight delay? and you had to go back for another xray? that would be a problem to have to keep going back to the medical GP in London as he hates doctors already and wont want to be there and would have to pay about £130 per train trip and take the day off work- we are based in the east midlands and he has limited holiday to take. I'm sure he would be thrilled at any option that does not involve him getting injections.

 

 

There was no delay caused by my medical - it was caused by them failing to log my final forms after submitting them to the embassy. No repeat x ray was needed for me and would be unlikely to be required unless something was noted in the initial one.

 

x-ray is routine and included in the cost of the medical.