Do I need to hire an attorney?

[ANJING 0]

I met my girlfriend in June in China and were engaged in July. I wish to apply for a k1 visa for her. Do I need to hire an attorney or is it something I can handle myself? Thanks for your inputs.

[PaulineA 1]

Most people do it themselves unless they have a complicated case where an attoney would be required. You'll find a lot of information on here if you read the faqs and guides at the top of the page. You will find information on applying for the K-1.

[rebeccajo 14]

A consultation with a competent immigration attorney will usually answer that question.

[joeyjoey 1]

I met my girlfriend in June in China and were engaged in July. I wish to apply for a k1 visa for her. Do I need to hire an attorney or is it something I can handle myself? Thanks for your inputs.

The process is simple enough that you can do it yourself. You can handle it. As for an Attorney, unless there is some really out of the ordinary situation, I'd say you do not need an attorney. Some people get an attorney for the comfort of having someone else be responsible for all the paperwork. If that's yo uand you have the money, go for it. But an Attorney is definitely not required for this process. And here at VJ, you'll find that most are doing it themselves. In the end, yuo have to do what makes you most comfortable.

[chuckandkim 0]

Don't know how it works in China but HCMC will raise a huge RED flag if they see a case like yours "Met in June, engaged in July and apply in August". I would reach out to professional help If I were you! This case seems... Be honest, Consulate Officer would have more questions than favorable answers to your case... Might want to make a few more visits and take your time to not show the oh-so-close subsequence activity from the time you met until engagement.

Just my opinion.

good luck,

chuck and kim

[pushbrk 12,233]

Don't know how it works in China but HCMC will raise a huge RED flag if they see a case like yours "Met in June, engaged in July and apply in August". I would reach out to professional help If I were you! This case seems... Be honest, Consulate Officer would have more questions than favorable answers to your case... Might want to make a few more visits and take your time to not show the oh-so-close subsequence activity from the time you met until engagement.

Just my opinion.

good luck,

chuck and kim

Actually, such timing is fairly common when the fiance is from China. I expect there was an online meeting sometime before June. Online courtships are common and understood by the Consulate in Guangzhou.

That said, it is critical to fully document the relationship from day one.

I too am an advocate for do it yourself unless there are complications like previous similar attempts by either party etc. However, I'm not so quick to say "You can do it yourself." If the petitioner has the aptitude and willingness to study the guides, read the instructions and ask clarifying questions, as well as the aptitude and attention span to follow detailed instructions, then they can probably use that attorney money to make an additional visit to their loved one.

For additional China specific information and support, I recommend http://www.candleforlove.com

[Caladan 19]

pushbrk & rebeccajo very good advice. It might not be a bad idea to have a consultation with an attorney because sometimes it's hard to know whether you have a complication when you're new to the process. But even if you do get an attorney, ultimately, you need to be responsible for your own case, reading the instructions and documenting the relationship.

Many people have done it without hiring an attorney, myself included.

[rebeccajo 14]

We spoke with a good immi lawyer before we started the process.

He said 'you don't need me'.

A consult with a reputable immigration attorney is always worth it's weight in gold.

[Jason-Sasha 1]

Sound advice from the veterans. Is it really 2k bucks for a good immigration lawyer? I'm too stubborn to pay such fees. just like Pushbrk says, I'd spend that money and make another trip to visit your SO, as long as you you have the knowledge neccesary for filing on your own.

[*julez* 124]

We spoke with a good immi lawyer before we started the process.

He said 'you don't need me'.

A consult with a reputable immigration attorney is always worth it's weight in gold.

Becca's right. We did the same. It was worth the $180 to know that we had an uncomplicated case and feel confident that we'll be approved. Just make sure the attorney specializes in immigration law, sicnce there are many unscrupulous attorneys who will take a lot of money from you and botch things up while doing so.

Good luck on your journey!

[rebeccajo 14]

PS - Just because the sign says "Attorney At Law" doesn't mean they can handle an immigration case. Some lawyers have egos and think they can handle any sort of scenario just to make a fee. Stay away from these vultures.

And just because a lawyer may have processed Employment Visas doesn't mean he or she can handle a family-based case.

Look for an expert in family-based petitions. An expert with references.

Edited August 6, 2007 by rebeccajo

[pushbrk 12,233]

PS - Just because the sign says "Attorney At Law" doesn't mean they can handle an immigration case. Some lawyers have egos and think they can handle any sort of scenario just to make a fee. Stay away from these vultures.

And just because a lawyer may have processed Employment Visas doesn't mean he or she can handle a family-based case.

Look for an expert in family-based petitions. An expert with references.

I agree. The Catch 22 is I don't know how one avoids the attorneys that are primarily selling visa services instead of simply advising clients. For some, the answer will always be that you need their services.

I guess the best protection against that is to adequately prepare before the consultation, so you ask the right questions, get the right answers and are prepared to make your own judgment call.

I knew enough about myself and my case before I traveled to China to be confident I didn't need an attorney but that doesn't work for everybody.

Edited August 6, 2007 by pushbrk

[rebeccajo 14]

PS - Just because the sign says "Attorney At Law" doesn't mean they can handle an immigration case. Some lawyers have egos and think they can handle any sort of scenario just to make a fee. Stay away from these vultures.

And just because a lawyer may have processed Employment Visas doesn't mean he or she can handle a family-based case.

Look for an expert in family-based petitions. An expert with references.

I agree. The Catch 22 is I don't know how one avoids the attorneys that are primarily selling visa services instead of simply advising clients. For some, the answer will always be that you need their services.

I guess the best protection against that is to adequately prepare before the consultation, so you ask the right questions, get the right answers and are prepared to make your own judgment call.

I knew enough about myself and my case before I traveled to China to be confident I didn't need an attorney but that doesn't work for everybody.

Do you mean finding an attorney who offers good service?

That's where referrals come into play. Ask around. Be bold. Ask for their credentials - if they belong to any professional associations for immigration lawyers such as AILA. If they are AILA affiliated, I believe you may be able to contact AILA regarding references or complaints. If you don't know someone personally who has used them, ask for their success record. Ask about their staff - if they have any other partners or associates on board who also are credentialed and what those credentials are (I have found that many immigration attorneys were formerly on staff in some capacity with INS or with the US Attorneys office). Ask them how often they personally handle the file - paralegals and secretaries are great but the responsibility for the end product lies on the shoulders of the attorney. He or she should be reviewing the case file before it goes out to DHS.

[GeordieWife 1]

My perspective is (this is coming from someone who has been screwed..and not in a good way..by attorneys), an attorney is a poor idea unless you have a complicated case. I feel this because YOU care about the outcome more than a third party does, and YOU will triple-quadruple check everything and be MORE thorough than a third party. There have been recent cases in dallas where people have been deported and banned for ten years because their attorneys have made mistakes. You will have ONE case to file whereas an attorney has multiple clients at one time. It's a simple case of American individuals being trained in the CYA aspect of things. An attorney has no incentive to C YOUR A. Get the drift?

[rebeccajo 14]

My perspective is (this is coming from someone who has been screwed..and not in a good way..by attorneys), an attorney is a poor idea unless you have a complicated case. I feel this because YOU care about the outcome more than a third party does, and YOU will triple-quadruple check everything and be MORE thorough than a third party. There have been recent cases in dallas where people have been deported and banned for ten years because their attorneys have made mistakes. You will have ONE case to file whereas an attorney has multiple clients at one time. It's a simple case of American individuals being trained in the CYA aspect of things. An attorney has no incentive to C YOUR A. Get the drift?

GeordieLover -

That's true - for a case with no 'issues'. But sometimes the client does not KNOW if they have issues or not.

I cited this recently and I'll offer it up again. There was a member earlier this year who KNEW his fiancee would need a waiver. He felt he fully understood the scenario and readied her for the visa interview with their personally prepared hardship letters and waiver. The gentlemen felt pretty much as you do - I read several posts of his where he used nearly the exact same language as you use here (bolded by me in your quoted post above).

The waiver was denied. It appears the poor man missed an important 'devilish detail' in his fiancee's case. They have since retained the services of a high-profile immigration attorney for the appeal of the denial. His last few posts here admonished members to consult with an attorney for matters beyond the norm.

What's my point? There are times in life when the services of a professional are necessary. At least allow yourself the opportunity to discover if now is one of those times. As I stated earlier, a GOOD attorney will tell you if you DON'T need to pay him to do what you can do yourself. They are out there and not all that hard to find. In fact, they are usually the members of your local community whom other attorneys will point you to as 'the expert' in a particular area of practice.

Becca

Edited August 6, 2007 by rebeccajo