Discouraging news from an immigration attorney

Crazy4Cali says on Oct 27, 2005, 14:09:

No, that's good news... ...you now know an attorney not to waste your money on.

Unless you're in some special case, a year is a pessimistic estimate. That sounds like a case of a) managing expectations (better to predict a year and deliver in 6 months, than vice versa) or b) a very slow attorney that will sit on your paperwork.

In all honesty, the process isn't that complicated. Tedious, but not complicated.

Go to the Visa Journey web site to figure out how to get started and then go to the USCIS web-site and look up the processing times to get an idea of the processing times, then add 3-4 months to the I-130 procesing times to estimate when your wife can travel to the U.S.

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pepster says on Oct 27, 2005, 14:15:

It could be anything Depends on where you apply for petition and the local consulates process time. It could be less than a year or more.

Hell, my wife got her green card in less than 90 days. She adjusted her status from tourist visa to immigrant in June and got her Permenant Status in September.

Her cousin the following year took over a year and she came through the Fiance visa route. You'd figure her adjustment of status would be quicker.


The Pepster

"I'm an American and I'm a Colombian. Not neither or either...so deal with it."

The Pepster ColombianBlog.com

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silviat says on Oct 27, 2005, 16:03:

Kevin Please dont feel so discouraged. I have seen many cases that have lasted a lot less than a year. I think that either Crazy4Cali is right and that lawyer was just trying to make it seem more complicated or he really has no idea about processing times in Colombia.

However is not that hard of a process. Go to the site C4C told you about www.visajourney.com and there you will find a lot of information that will make it likely so you can do the process yourself. If you still feel more confortable doing it through a lawyer... look for another one.

When Seth and I started our fiance visa process he didnt have much time because of his job so we used a lawyer called John Roth (http://www.arctec.com/). He was helpful and we didnt have any RFEs so not delays... but to be honest a lot of the process in Colombia I had to figure out by myself... thats why we prefer to think on him as a good aid for the beginning of the process.

Just be optimistic, start the process ASAP and be strong. It will be hard to be apart for whatever amount of time but the rewards of finally being with your wife will worth the wait.

I also recommend you to ask for advice to utopiacowboy, I think he knows a lot about k-3 visas.

Good luck and cheer up :)

Silvia

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utopiacowboy says on Oct 27, 2005, 16:12:

The K-3 does not require the approval of the I-130 and it is not necessary to file for a K-3 after you file an I-130. Normally the I-130 leads to a CR1 visa. In the past, it took so long for I-130 petitions to be approved (sometimes years) that Congress created the K-3 so that spouses could come to the US and wait for their I-130s to be approved. Usually after the I-130 is approved, the spouse adjusts status in the US and does not go back to their home country for the CR1. That option is available if there is a long wait in your area for AOS.

You file the I-130 first and after you get the notice back from the USCIS, you file an I-129F as though you were filing for a fiancee visa. All the I-129F petitions for K-3s are handled by one service center in Missouri, the National Benefits Center. Their speed varies. For a while they had a nine month backlog but now they are approving I-129Fs in as little as a month. Add in another couple of months for the NVC and embassy process and it is possible to get it all done in as little as 4 months. Ours took 6 months from wedding in Colombia to arrival in the US.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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JMOON87 says on Oct 27, 2005, 17:48:

SILVIA IS CORRECT We also used an attorney it did help in the beginning not having any knowledge of the process or time to spare .But now we are getting help from Silvia and other members because my attorney has no knowledge of the embassy in colombia or any tips to what may be asked ...if you have the time and your case is not very difficult you can probaly do it yourself ....good luck

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kernow62 says on Oct 27, 2005, 19:48:

Wow a year isn't that bad. In Orlando the backlog just to renew a green card is now over 2 years and the backlog on citizenship is 267 days.

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Gator says on Oct 27, 2005, 20:30:

Of All... the processing centers Vermont seems to be doing the best job-about a two month processing wait. I would plan on about six months from you filing date. The most important part of immigration is the PATIENCE of the people doing it. You must stay positive and I KNOW the separation hurts.

Good luck.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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Brians says on Oct 28, 2005, 05:55:

DON'T HIRE A LAWYER It will take about 6 months and it is a littler tedious but straight forward if you go to Visa Journey. I have friends who are Immigration Lawyers and they said I handled it much faster than they would have. The reason is your case is the only case you are handling. I was right on top of things with replies and setting the embassy interview etc.. Where the lawyer may sit on it for a week and then get to you. Save the money if there is no problem with a criminal record or something like that. Really I promise you it is better to learn this on your own anyway.

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bbattiste says on Oct 28, 2005, 09:01:

We're going into our 8th month I sent in my I-130 on March 23rd and my case was just completed on October 26th. Now probably two months for the interview. So in all it will take 9 months. I started out with a lawyer, but after many delays on thier part I decided to do it on my own. It is better that way. I hate to admit this, but I paid an immigration lawyer $1800.00 to file everything for me and all they did was the petition (tonto). They were so slow in reponding and ignorant of the process that I ended up doing it on my own...it was no problem. Also, the NVC told me that I did not need a lawyer.

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rjstuff says on Oct 28, 2005, 09:32:

A lawyer is a waste of time unless you have a complicated case - criminal records or something like that. You can do it yourself and most timelines I have seen suggest that K-3s are an average of 3 to 6 months (a few have a delay for some reason or another.) But you can do it yourself using visa journey and advice on this board. If you do not have the time - go ahead and spend your money on a lawyer - I would rather save the money and use it for a trip to Las Vegas. Good luck

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kevluvsmedellin says on Oct 29, 2005, 19:40:

thanks........ Ok everybody, thanks for your support. You are all great people......

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BAQ says on Oct 29, 2005, 20:28:

Take a breath TAKE A BREATH, spend some time, a day or two on the internet researching what you need to do, then do it.

As far as the attorney, screw him. I don;t recall ANYONE on this board posting in the last several months that they were at the ONE YEAR MARK or even close to that in having their papers processed.

From what I have read in past posts, FOUR months seems to be the "Norm right now". Someone please correct me if I am wrong.

Semper Fidelis !

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jgringo says on Oct 31, 2005, 12:30:

Still Waiting I submitted my I-130 in June and as of now they're processing applications from April. There was a period of about six weeks recently where the date of the applications they were processing did not move. Anybody know why they are moving so slowly lately?

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pepster says on Oct 31, 2005, 12:58:

A shift From sources that I used to have in that realm, they reassigned alot of INS agents from processing normal immigration requests to 9/11 initiatives such as profound background checks on Middle Eastern apps.


The Pepster

ColombianBlog.com

The Pepster ColombianBlog.com

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rocinante says on Oct 31, 2005, 16:02:

in Medellin? Can this process hypothetically take place in Medellin? For instance, can this poster handle the US side of things while living in Medellin on a resident or student visa, thus not having to be seperated? Once the wife is approved all go to the US?

"World economic indicators point to a democrat winning 2008. It will surely be Obama. Peso 1400 by November" Feb 5, 2008

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utopiacowboy says on Oct 31, 2005, 19:09:

Yes, you could be visiting Medellin for an extended period of time while waiting.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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ozzsman says on Oct 31, 2005, 20:29:

Fiancee /Visitors Visa Hello everyone. I am new on this sight, I have been reading many articles and they have been very helpful. I too like many of you, have met a special woman in Cali and we are very much in Love. We have applied for the fiancee visa as of 9/13/05 and have been advised that they are in receipt of the 1129F. However at the same time my fiancee applied for a visitors visa so that we could spend the holidays together here in Miami with my family. To much of my dismay, from what i hear they will probably not approve this visa. She has the appointment on November 8th. in Bogota along with her 9 year old son. Of course it is our intentions to complete the process for the fiancee visa and we know she will have to return to Colombia. We are ok with that, its just that from what I hear we may be spinning our wheels. Any suggestions, comments will be appreciated.

Thanks

Ozz

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