Do I need a lawyer

[khahlh93 2]

I just got back from my visit to meet my girlfriend In Mexico. While I was there we got engaged. So now we are going to try for the K1 visa. I got a lawyer lined up but have not paid yet. The lawyer wants 1500 for her work. Half(750) to start and the other 750 at the the time ti send in. My fiancé has been married before there in Mexico. We already have her paperwork proving she is divorced. She has no criminal charges, but I have a misdemeanor for a bad check from like 2-3 years ago. We are both in our 20’s so it’s no big age gap. I also have western union receipts of where I pay her rent food and Wi-Fi for us to talk like all day. I’m not the best with paperwork/ technology but I’m not stupid either so yeah. So With this information I was wondering do I need to get this lawyer to help. Or can I pull this off for us by using one of them help sites like boundless or any other site like that. The question is racking my brain so I would love any advice I can get before I go paying anything. 

[mytruelove18 607]

If you can read and understand English you don't need a lawyer,  you can do it yourself.

All you need is patient for read and fill out the application.

Here there good guide how do it.

But my advise is get married and apply for spouse visa, in that way your spouse can work immediately she arrives to USA. Aldo spouse visa is less expensive. 

[Crazy Cat 39,591]

20 hours ago, khahlh93 said:

I just got back from my visit to meet my girlfriend In Mexico. While I was there we got engaged. So now we are going to try for the K1 visa. I got a lawyer lined up but have not paid yet. The lawyer wants 1500 for her work. Half(750) to start and the other 750 at the the time ti send in. My fiancé has been married before there in Mexico. We already have her paperwork proving she is divorced. She has no criminal charges, but I have a misdemeanor for a bad check from like 2-3 years ago. We are both in our 20’s so it’s no big age gap. I also have western union receipts of where I pay her rent food and Wi-Fi for us to talk like all day. I’m not the best with paperwork/ technology but I’m not stupid either so yeah. So With this information I was wondering do I need to get this lawyer to help. Or can I pull this off for us by using one of them help sites like boundless or any other site like that. The question is racking my brain so I would love any advice I can get before I go paying anything. 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-20 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

Edited May 28, 2022 by Crazy Cat

[khahlh93 2]

1 hour ago, Crazy Cat said:

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

The CR-1 is the one where we get married in Mexico first and then file for her to come here??? I didn’t know this. The lawyer I have lined up, when we talked, she said getting married there in Mexico would make it take longer for her to be Abel to get to America than if we did K1 visa. And I was kinda going for the fastest way for her to be Abel to be with me in America. That’s the only reason We choose to do the K-1 visa because that lawyer told us it was way quicker for her to get to America that way vs. us getting married in Mexico. Because at first we was going to get married in Mexico but changed that once the lawyer said it was a slower process to get to America. Her and her family wanted us to get married there for the ceremony and all and I wanted to give them that but that lawyer told us K-1 is the quickest way to get her in America. If that’s not true please  tell me before I start this K-1 process because I can just go back and get married there. I already miss her and would not mind going back for a little while any way I loved Mexico lol

[Crazy Cat 39,591]

2 minutes ago, khahlh93 said:

The CR-1 is the one where we get married in Mexico first and then file for her to come here??? I didn’t know this. The lawyer I have lined up, when we talked, she said getting married there in Mexico would make it take longer for her to be Abel to get to America than if we did K1 visa. And I was kinda going for the fastest way for her to be Abel to be with me in America. That’s the only reason We choose to do the K-1 visa because that lawyer told us it was way quicker for her to get to America that way vs. us getting married in Mexico. Because at first we was going to get married in Mexico but changed that once the lawyer said it was a slower process to get to America. Her and her family wanted us to get married there for the ceremony and all and I wanted to give them that but that lawyer told us K-1 is the quickest way to get her in America. If that’s not true please  tell me before I start this K-1 process because I can just go back and get married there. I already miss her and would not mind going back for a little while any way I loved Mexico lol

Attorneys don't always give the most accurate information.  Historically, the K-1 was faster to arrive in the US, but that is not always the case now.  In addition, the faster route to a Green Card is the CR-1.  There are many advantages to a CR-1, imo. As a K-1 entrant, your spouse will not be able to leave the country or work for, maybe, 8 months.  There are a lot of things to consider. 

[Rocio0010 5,572]

9 minutes ago, khahlh93 said:

The lawyer I have lined up, when we talked, she said getting married there in Mexico would make it take longer for her to be Abel to get to America than if we did K1 visa

BS. Your lawyers is outdated. The CR-1 is slightly faster and it does have the advantage that the beneficiary will be deemed a resident for travel and work purposes once they cross the border. The travel and work authorization with a K1 is currently taking 8-9 months. And during those months, the beneficiary is pretty tied up because they can’t work or travel outside the country.

And yes, probably with a misdemeanor I would shop around attorneys.

[slavaskii 885]

1 hour ago, Rocio0010 said:

And yes, probably with a misdemeanor I would shop around attorneys.

I think this is the best advice for OP here. We very often see RFEs for criminal records when people DIY, and I would imagine an attorney would be better at locating and sending the correct documents.

[khahlh93 2]

8 minutes ago, slavaskii said:

I think this is the best advice for OP here. We very often see RFEs for criminal records when people DIY, and I would imagine an attorney would be better at locating and sending the correct documents.

Ok she who is from Mexico does. It have criminal record. It is me the US who has misdemeanor. So you think definitely get a lawyer because of my misdemeanor? 

[khahlh93 2]

1 hour ago, Rocio0010 said:

BS. Your lawyers is outdated. The CR-1 is slightly faster and it does have the advantage that the beneficiary will be deemed a resident for travel and work purposes once they cross the border. The travel and work authorization with a K1 is currently taking 8-9 months. And during those months, the beneficiary is pretty tied up because they can’t work or travel outside the country.

And yes, probably with a misdemeanor I would shop around attorneys.

So basically keep the lawyer because of me (the US citizen) having a misdemeanor? BUT do the get married in Mexico first part and don’t do the K-1?  The lawyer was telling me that the marriage in Mexico wouldn’t be respected here or something like that too, that and her saying K-1 visas gets her in America quicker was the only reason we was going the K-1 route and not getting married in Mexico first. After reading this I wonder if if she told me do K-1 visa just to charge me more or is she just incompetent altogether…

[khahlh93 2]

1 hour ago, Rocio0010 said:

BS. Your lawyers is outdated. The CR-1 is slightly faster and it does have the advantage that the beneficiary will be deemed a resident for travel and work purposes once they cross the border. The travel and work authorization with a K1 is currently taking 8-9 months. And during those months, the beneficiary is pretty tied up because they can’t work or travel outside the country.

And yes, probably with a misdemeanor I would shop around attorneys.

Also lawyer told us when she came to America on K-1 visa if she lands in jfk that they give a stamp in your passport there that lets her work here with out that wait… 

[Verrou 1,901]

5 minutes ago, khahlh93 said:

Also lawyer told us when she came to America on K-1 visa if she lands in jfk that they give a stamp in your passport there that lets her work here with out that wait… 

I will shop for another lawyer. You probably need a lawyer because of misdemeanor charge but ur lawyer has super outdated info. That K1 stamp thing has long gone many years ago. 
 

i will go for CR1, cheaper and faster at the moment. Way more superior than K1 ( K1 is not faster anymore ) 

[Adventine 3,187]

The lawyer gave you some bad advice. It's the CR1 spousal visa that gives her the right to work in the US as soon as the passport is stamped. I'd fire the lawyer and invest the time in learning how to DIY. The forum has a great guide for the spousal visa process.

[Sarah&Facundo 577]

It definitely sounds like you need a new lawyer....

You've gotten some pretty incorrect advice.

[Sarge2155 4,571]

26 minutes ago, khahlh93 said:

Ok she who is from Mexico does. It have criminal record. It is me the US who has misdemeanor. So you think definitely get a lawyer because of my misdemeanor? 

I would say if you have all your court documents showing the disposition of your case then you can still DIY  USCIS will want to see any and ALL documents from the court pertaining to what they charged you with. They want to make sure the case is closed and you have paid your debt to society more or less (no pun intended). If you do not have them you'll need to get them because even if you do not do a K1 you will need the documents I spoke of on down the road several times I might add, so get them together now!!!

[khahlh93 2]

11 minutes ago, Adventine said:

The lawyer gave you some bad advice. It's the CR1 spousal visa that gives her the right to work in the US as soon as the passport is stamped. I'd fire the lawyer and invest the time in learning how to DIY. The forum has a great guide for the spousal visa process.

Yeah I see her information is wrong or at least out dated. And it makes sense now that I think about it because she did tell me it has been a while since she did a case like this when we talked. That should have been my red flag I guess. Glad I haven’t paid her fees yet. So how big of a role is a lawyer going to play with me having the misdemeanor for a bad check two or three years ago???  Because I mean i can do paper work print pictures and documents and put a packet together and mail it. Like who can’t do that lol. But what role will lawyer help on the fact of me having that misdemeanor. She has no crime record there. She had been married before but like i said we already have her proof of divorce papers from there I just send that in the packet. My main question now is about my misdemeanor.