Filipina Wife Stuck in Agency Contract

[smatthewm]

So I visited the Philippines this past fall (from September 2016 to December 2016). Within this timeframe, I met and married a female doctor in Manila with intentions on starting immigration petitions when I returned to the states and started my new job. Found out that my wife had previously been engaged with an agency to get an H-1B visa to enter the United States, but according to the contract she signed, if she backs out of it after they file for her petition to get such a visa, she is liable (and me by extension) for material damages of $10,000. We just heard that they filed for petition officially so as far as I know, we've reached 'phase 2' of their contract and the terms are so vague that it could be easily defensible were we to challenge them on it in court.

I honestly do not see a way out of the contract and it will likely take the agency up to three years to get her that visa whereas my legal assistance stated that it would only take about a year to get her over in the US on a spousal visa.

I do have some legal assistance that I pay for as a benefit out of my job, but the lawyer still requires a $1000 retainer fee along with all the costs for document filing and $75 for mailing costs. Does this seem pretty standard as far as lawyers' fees go? Also it seems as though employment matters is not covered under the benefit so just to view the contract with legal eyes thoroughly, it would cost another $500 not including any possible letters or negotiations that may be necessary given the situation.

Has anyone else had this issue before? If so, how did you handle it? Personally I cannot afford to take on a $10,000 penalty as I am still paying off credit cards and I have a $13k student loan debt just waiting to start charging interest.

[NettieL]

$4500 is the quote I got for retaining an immigration lawyer in the US.

I paid $300 for a 1 hr Skype video consult in which she assessed my whole situation. She then reviewed all documents and gave me a detailed professional opinion, in writing, a few days later.

[inadmissible]

If her immigration situation is straightforward, there is no need to retain an attorney. All they would do is just fill out the forms that you can do on your own

Employers tend to draft employment contracts with foreign persons with scary terms and conditions. Often, these terms are not enforceable because they violate public policy, but employers draft contracts this way because foreign persons don't know any better. Find an employment attorney who practices in the state the employer is located (and where your wife intended to work). You should be able to find one who offers a free consultation

[rayb]

Smatthewm,

The only thing you have to worry about, in my opinion, is the recruitment agency reporting your gal to the Philippines NBI for "estafa," which means "fraud." It's best to not bother dealing with the recruitment agency so that they don't file a formal estafa complaint. Once your gal obtains her NBI national police clearance in the Philippines, and it is clean, close to her interview date, she can get the visa and travel to the U.S.

Once in the U.S., you can take legal steps to disentangle your wife from the contract, even if it means a negotiated settlement to the recruitment agency. Also, since you are not a principal to the recruitment contract, it seems pretty far fetched that you would be found liable for damages.

--Ray B

So I visited the Philippines this past fall (from September 2016 to December 2016). Within this timeframe, I met and married a female doctor in Manila with intentions on starting immigration petitions when I returned to the states and started my new job. Found out that my wife had previously been engaged with an agency to get an H-1B visa to enter the United States, but according to the contract she signed, if she backs out of it after they file for her petition to get such a visa, she is liable (and me by extension) for material damages of $10,000. We just heard that they filed for petition officially so as far as I know, we've reached 'phase 2' of their contract and the terms are so vague that it could be easily defensible were we to challenge them on it in court.

I honestly do not see a way out of the contract and it will likely take the agency up to three years to get her that visa whereas my legal assistance stated that it would only take about a year to get her over in the US on a spousal visa.

I do have some legal assistance that I pay for as a benefit out of my job, but the lawyer still requires a $1000 retainer fee along with all the costs for document filing and $75 for mailing costs. Does this seem pretty standard as far as lawyers' fees go? Also it seems as though employment matters is not covered under the benefit so just to view the contract with legal eyes thoroughly, it would cost another $500 not including any possible letters or negotiations that may be necessary given the situation.

Has anyone else had this issue before? If so, how did you handle it? Personally I cannot afford to take on a $10,000 penalty as I am still paying off credit cards and I have a $13k student loan debt just waiting to start charging interest.