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DS-261 and attorney

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I am going to apply for cr1 visa for my wife, but there is a question on this page https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html#ExternalPopup

 

if you scroll all the way to: Next Steps - Fees, Affidavit of Support, and Visa Application

it states "(NOTE: If you already have an attorney, the NVC will not instruct you to complete Form DS-261.) The NVC will begin pre-processing the applicant’s case by providing the applicant and petitioner with instructions to submit the appropriate fees. After the appropriate fees are paid, the NVC will request that the applicant submit the necessary immigrant visa documents, including the Affidavit of

Support, application forms, civil documents, and more. Learn more about National Visa Center visa case processing."

 

I am not understanding this. So if i decide to get an attorney it states i will not have to complete the DS-261. Why is that? And what happens? Do i have to fill it out later on? Please provide me with a clear answer as the state travel website doesn't give clear statement. 

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If you've not even submitted the I-130 petition yet, this is all many, many months away.

 

The DS-261 is a half-page form that asks you to give the contact details of who will be handling your correspondence with the NVC, when you get to that stage. In most cases this will be either the USC or the alien spouse, whichever one wants to be responsible for the paperwork and be the point if contact. Those who are using an attorney - well, the attorney will obviously be the point of contact. 

 

99.9% of cases don't need an attorney. Save your money for other things. This process is expensive enough as it is. Unless the alien spouse has a criminal history or has had previous immigration problems with the USA (substantial overstay, visa fraud, misrep, deportation, etc) you likely won't need a lawyer. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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DS261 is a choice of agent.  When you have an attorney of record on file when filing the petition, that attorney is automatically appointed as agent.

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4 minutes ago, JFH said:

If you've not even submitted the I-130 petition yet, this is all many, many months away.

 

The DS-261 is a half-page form that asks you to give the contact details of who will be handling your correspondence with the NVC, when you get to that stage. In most cases this will be either the USC or the alien spouse, whichever one wants to be responsible for the paperwork and be the point if contact. Those who are using an attorney - well, the attorney will obviously be the point of contact. 

 

99.9% of cases don't need an attorney. Save your money for other things. This process is expensive enough as it is. Unless the alien spouse has a criminal history or has had previous immigration problems with the USA (substantial overstay, visa fraud, misrep, deportation, etc) you likely won't need a lawyer. 

97.14% of all quoted statistics are made up, as is the 99% above.  <_<  Whether YOU need an attorney depends on a number of things, including your own level of desire to do things yourself.  Lots of folks simply have better things to do with their time than spend hours and hours studying a process they'll do once in their life.  Others have legal issues, language issues, or a lack of confidence in their needed abilities.  Any of those are good reasons to seek professional help.

 

I could learn to fix my air conditioner too, but I would rather pay somebody else to do it.  :D

 

It's also against the terms of service here to advise against legal counsel.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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2 minutes ago, pushbrk said:

 

It's also against the terms of service here to advise against legal counsel.

Hence I said "likely won't need a lawyer". 

 

Which is true, much as it pains those relying on naivety to make a quick buck. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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3 minutes ago, pushbrk said:

97.14% of all quoted statistics are made up, as is the 99% above.  <_<  Whether YOU need an attorney depends on a number of things, including your own level of desire to do things yourself.  Lots of folks simply have better things to do with their time than spend hours and hours studying a process they'll do once in their life.  Others have legal issues, language issues, or a lack of confidence in their needed abilities.  Any of those are good reasons to seek professional help.

 

I could learn to fix my air conditioner too, but I would rather pay somebody else to do it.  :D

I am going to hire an attorney due to applying for a k1 visa before and it expired once it made it to the NVC again due to the embassy in her country did not want to deal with it.

 

My last question what about the ds-260? who fills this out and when?

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1 minute ago, A.A said:

I am going to hire an attorney due to applying for a k1 visa before and it expired once it made it to the NVC again due to the embassy in her country did not want to deal with it.

 

My last question what about the ds-260? who fills this out and when?

The DS260 is a visa application.  So it is completed at the NVC stage.  If you are hiring an attorney, they should know the answers to these questions.  

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Understanding the big picture is priceless. Anonymous

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I agree hiring an attorney is all up to you, as far as the forms you mention both of them will be done at the NVC the second part of the process

Right now your petition will go to the USCIS and they will either approve or disapprove your petition

Once it is a approve it will then be sent to the NVC where the actual visa application is done and filling out the 2 forms you mention

After the NVC approves the visa application

everything will  then be sent to the Embassy and the interview will be schedule then visa will be issue or denied

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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1 hour ago, JFH said:

 

Hence I said "likely won't need a lawyer". 

 

Which is true, much as it pains those relying on naivety to make a quick buck. 

The sentence I was referring to was the one that said "Save your money."  ;)

 

It is not only the naive that hire professional assistance.  Many simply do so out of "prudence".

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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