New to the Forums

[EJGreen]

First off, I think it's wonderful that these forums exist for those who are needing help with the Fiance Visa process.

I am a US citizen and soldier for the US Army currently working on assignment in South America. During my time here, I met a wonderful girl who was vacationing here from Bolivia. I will spare everyone the "lovey-dovey" details but at this point we intend to marry.

Unfortunately, I cannot marry while I am on mission. I will have to wait until I return to the states, in a few months, before I can bring her to the US. She has to return to her country soon but I've been researching this complicated process and I've made copies of her important documents, etc.

I'm questioning whether or not this is a process that can be handled on my own or if it's best to hire the services of a professional immigration attorney. Yes, I'm aware of the scams but I do know that legitimate services are available. I have so many questions and I don't know where to begin. I've already downloaded the forms and instructions for the I-129 and G-325A, just to get an idea of what is required.

Perhaps the first question I have is about "timing." I won't be returning to the US until mid July 2010. That's about 6 months from now. How soon is too soon to begin the application process? I understand that it can take several months for everything to play out.

I know I've thrown a lot of information out there in my first post but I do appreciate any feedback from anyone who may have friendly advice or suggestions.

Thanks for your time and consideration.

[nichole]

I think you can start the application at any time if you have a permanent address (your parents?) in the US to receive your mail. They mail receipts and approval notices to you. The problem would be getting your documents together while on mission. You need a birth certificate, passport photos, etc. If you can manage the paperwork while in SA, then you can start before you return to the States. You also need to document having met in person so photos together and other proofs. I'm not sure how you do that in the military. We had passport stamps showing entry into each other's country and boarding passes. We also sent two credit card receipts from Best Buy that happened to print each of our names and showed we were in the same store on the same day at the same time. Not all stores print the names on the receipts, but we thought that was pretty good proof of meeting. Perhaps she has hotel receipts and you have something to show you were stationed in the same city. Work on that connection while she is still with you, since neither of you are in your hometowns. Your superior officer could write an affidavit that he knows each of you and that you have been together as a couple in what location from date to date...something like that to show meeting and an ongoing relationship.

With that said, six months may be a little early to apply. Your petition could be approved in about 3 months. Then the file goes to the closest US Embassy to her home for her to file for the visa, get a medical exam, and have an interview. You may prefer to be back in the states for that second step of the process. It can take an additional couple of months. You supply an affidavit of support to the Embassy. Read the instructions for the I-134. You have to be domiciled in the US, but I think you are, even if you're currently on assignment with the military. Once she gets the K1 visa in hand, she has 6 months to use it to come to the states. So that isn't an issue of you not being back in time. She has a 6 month window after getting it. Just figure out what kind of timing you prefer...apply now or wait.

Then you marry within 90 days of her arrival and file for adjustment of status, which is more paperwork and $1010 more money.

About using a lawyer. My thoughts are nobody cares about my case more than me so I want to do it myself. You have to gather all the documents and proofs anyway, then pay somebody to fill out your forms. I hear stories of lawyers who spell names wrong, for example. A lawyer has no shortcut to get you approved faster. Many say it takes longer because you have to mail them your info and documents, then they type the forms and mail back for your signature, then you mail back to them. It may sit on somebody's desk awhile before they get around to mailing your things in to USCIS. If I send my own application, I know the date it arrived at USCIS because I mailed with a tracking receipt. I didn't spend weeks mailing back and forth to a lawyer. I proofread it 6 times and know it's correct.

To do it yourself, you need to be able to read the instructions for each form, and pay attention to detail when filling it out so you don't skip things. You have to be organized to get it all together. You've shown resourcefulness already by gathering information on the internet. If your case is pretty simple and straightforward, you can easily do it.

Cases where a lawyer might be useful are when your fiancee has something that makes her inadmissable to the US and a waiver would need to be filed. That gets more complicated. That would be if she has venereal disease, active tuberculosis, a drug habit, schizophrenia, or a criminal record to name a few. HIV has recently been removed from the list. Go figure.

Good luck to you and thanks for serving our country. It is an honor to be able to help you.

[Bernie31]

About using a lawyer. My thoughts are nobody cares about my case more than me so I want to do it myself. You have to gather all the documents and proofs anyway, then pay somebody to fill out your forms. I hear stories of lawyers who spell names wrong, for example. A lawyer has no shortcut to get you approved faster. Many say it takes longer because you have to mail them your info and documents, then they type the forms and mail back for your signature, then you mail back to them. It may sit on somebody's desk awhile before they get around to mailing your things in to USCIS. If I send my own application, I know the date it arrived at USCIS because I mailed with a tracking receipt. I didn't spend weeks mailing back and forth to a lawyer. I proofread it 6 times and know it's correct.

Totally second this POV having hired a doofus in the first place (since then, fired). Had to all the leg work myself and it was still a mess (typos were the least of our worries) and even though it all has ended well, it still rankles that even sought a "pro" like that.

[Whsia]

You know i'm still new to this, but i just sent mine off about a week and half ago. Two days ago i got the first NOA. So far all of it was done by me, a first timer. Thought that might give you some insight as to how this process works. In my opinion if you have the extra time, do it yourself bro. But then again proving to the adjudicator about the relationship to me would probably be the scariest. I know it was for me, even though my fiance and i have been together for two years now. Hope it works man.