Best Lawyer For K1 Visa?

[wasabi]

I am about to marry a Thai woman. I am a US citizen. The family wants me to get a K1 visa, not a K3 fiance visa so the K1 is the one I will need to work with. (Maybe I have them confused I need the one you use after actually being married in Thailand) I've decided I will most likely need the help of a lawyer to get all the paperwork done and assist my soon to be wife. I was thinking of using Brian's service at www.mythaifiancee.com But I can't find much information about him. I believe he advertises on this site. Does anyone know anything about Brian and the www.mythaifiancee.com service? If not him, what lawyer should I go with that speaks both Thai and English and can help me and my wife with all the paperwork?

[kenk3z]

Perhaps you should give some consideration to conducting a "marriage ceremony" in Thailand, but not officially registering the marriage there.

Then you can apply for a fiance visa (which is the K1 visa by the way) to bring her over to the USA to marry you officially while in the USA, in the view of US Immigration. There are many reasons to do this. One good reason is that the K1 Visa is tending to be much quicker to resolve than the K3.

So, you can have a nice marriage ceremony in Thailand for the Thai family, you can pay your dowry (ah yes, the heart of the matter perhaps? ) and then get "officially" married in the USA.

kenk3z

[daveh]

Perhaps you should give some consideration to conducting a "marriage ceremony" in Thailand, but not officially registering the marriage there.

Then you can apply for a fiance visa (which is the K1 visa by the way) to bring her over to the USA to marry you officially while in the USA, in the view of US Immigration. There are many reasons to do this. One good reason is that the K1 Visa is tending to be much quicker to resolve than the K3.

So, you can have a nice marriage ceremony in Thailand for the Thai family, you can pay your dowry (ah yes, the heart of the matter perhaps? ) and then get "officially" married in the USA.

This is exactly what I'm doing. As far as my fiancée's family is concerned, the traditional Thai ceremony with the monks is THE wedding. A peice of government paper is unimportant to them. So after we get married, technically, we will not be married so the US government should issue a fiancée visa.

[wasabi]

I appreiciate the advice however what I really need to know regardless of which Visa I use is who is the best lawyer to assist me.

[lopburi3]

I appreiciate the advice however what I really need to know regardless of which Visa I use is who is the best lawyer to assist me.

Simple answer. You.

Read and follow instructions.

[wasabi]

I probably could do it myself, but I don't want to make any mistakes and have to do the process over again. It seems to get exponentially longer if you screw up any paper work. These lawyers tend to run a few thousand dollars and I am not a rich man, but at the same time getting my wife to America is my prime concern. Getting it done in 4-6 months versus 12 or longer is worth a few thousand. She is in Thailand. I am in America. We both speak a little of each other's languages but there are definitely communication barriers at this distance. A legal team that speaks Thai and English will be essential. Thus far I'm just going to go with mythaifiancee.com I can't find anything negative about them and so far they've been very good responding to my emails. Maybe I'm paying a bit too much but I've wasted much larger amounts of money on far less worthwhile pursuits before. For me using a legal service is worth it. Since no one has any suggestions I'll just go with mythaifiance.

[Darth Bangkok]

you should do it yourself, the lawyer is not going to save you much time. the hardest part is proving that you've met and you obviously have. just read up on the process, print out the forms and fill them in. i started a k-1 for my girlfriend in the middle of september, it looks like will be finished by the end of january. the only problem that a lawyer will save you time on is that he won't generate a request for further info after the first filing. but if you do things right, you won't get one either. its not that hard. we filled out the forms by hand, sent in a few pictures and the petition was approved in less than 3 weeks. now the case is being sent to bangkok. it should be there by next week, and then we can schedule an interview for three months time. after that, its almost immediate when she can enter the US.

go to www.visajourney.com they have good descriptions and helpful people there. there is also a thailand thread that is great.

[wasabi]

What about the fact she primarily speaks Thai and I speak English?

[daveh]

I probably could do it myself, but I don't want to make any mistakes and have to do the process over again. It seems to get exponentially longer if you screw up any paper work. These lawyers tend to run a few thousand dollars and I am not a rich man, but at the same time getting my wife to America is my prime concern. Getting it done in 4-6 months versus 12 or longer is worth a few thousand. She is in Thailand. I am in America. We both speak a little of each other's languages but there are definitely communication barriers at this distance. A legal team that speaks Thai and English will be essential. Thus far I'm just going to go with mythaifiancee.com I can't find anything negative about them and so far they've been very good responding to my emails. Maybe I'm paying a bit too much but I've wasted much larger amounts of money on far less worthwhile pursuits before. For me using a legal service is worth it. Since no one has any suggestions I'll just go with mythaifiance.

Not sure why you think paying a lawyer will save you 6-8 months. All they do is fill out the paperwork for you. If anything, it will take longer than doing it yourself because there is the lag time for communication between you and the lawyer. But as Darth Bangkok says, it is possible it will save you time in helping you not screw up. Go buy this book, Fiancé & Marriage Visas: A Couple's Guide to U.S. Immigration. It will outline the steps fairly nicely. I'm using this book. The only problem I had was that my fiancée's photo was not correct even though the photographer in Bangkok said she knew how to take immigration photos. As soon as I got the photos from my fiancée, I mailed in the I-129F and told me fiancée to have new ones taken. I eventually did get a request for more evidence from the USCIS requesting photos, so I sent in the new one that my fiancée had retaken and no problem. My i-129f was approved on Sep 22.

Darth Bangkok, I think you were lucky getting your petittion approved so fast. You must not be in California where the wait time is much longer. Also, I think you are being a bit optimistic about finishing by the end of January. Two weeks ago, I got the letter from the NVC stating it was being sent to the embassy in Bangkok "within the week", and my fiancée has yet to hear from them.

After she does get the forms in the mail, she will have to fill them out and only after she submits them will the schedule an interview. According to the embassy website, it is 10-12 weeks AFTER they get those forms (those that were formerlly called Package 3). Since they use diplomatic pouch to send the documents to the embassy, there really isn't a good metric to determine how long it will take for them to get it. Nor can you rely on them sending her package 3 in a timely manner.

I know someone that is about two weeks ahead of me in getting his i-129f approved, and his fiancée hasn't gotten her forms yet either.

For me, I'm guessing end of February for her visa.

[lopburi3]

I probably could do it myself, but I don't want to make any mistakes and have to do the process over again. It seems to get exponentially longer if you screw up any paper work. These lawyers tend to run a few thousand dollars and I am not a rich man, but at the same time getting my wife to America is my prime concern. Getting it done in 4-6 months versus 12 or longer is worth a few thousand. She is in Thailand. I am in America. We both speak a little of each other's languages but there are definitely communication barriers at this distance. A legal team that speaks Thai and English will be essential. Thus far I'm just going to go with mythaifiancee.com I can't find anything negative about them and so far they've been very good responding to my emails. Maybe I'm paying a bit too much but I've wasted much larger amounts of money on far less worthwhile pursuits before. For me using a legal service is worth it. Since no one has any suggestions I'll just go with mythaifiance.

And you believe a "service" with a web site like that is likely to do better than you at filling out a form? You just won't know how many times they redo it.

The US Embassy speaks Thai. Interviews are in Thai. Contact with hospital and police is in Thai.

But you did not provide much in the way of relationship details so perhaps you need help due to those. If I were in that position believe I would look further for real legal consul rather than a web site myself. Or wait a bit until you are in a better position to know each other. Good luck whatever you do.

[Darth Bangkok]

wasabi, the fact the you don't speak the same language isn't a big problem right now. but at some point you will have to explain how you communicate.

daveh,

i took photos of me and my girlfriend with my digital camera (we are both in bangkok). I didn't think anyone outside of a few near the embassy (inconvient) would know how to take the 'ADIT' photos (i think thats what they are called). the new small ones. i just printed out the example page from the INS website and using photoshop, scaled down the photos at 100% until they matched. i then copied eight photos, 4 of each of us, onto two rows the size of a normal print. we took them to one place that did a bad job printing them. another place did a bit better, so i just sent in those, one of each of us. there was no problem. for the interview i still have that type of photo, and she will also bring normal passport photos.

i don't think i'm being too optimistic. you don't need to wait until you receive packet 3. in fact, you should go to the consulate now and just ask for them. they will give you the packtet and you can get to work on them right away. TIP: look at window 5 first, that is where you need to go everytime. sometimes she calls numbers, sometimes not. if she is calling numbers, you need to wait in line (short) at another window to get the number. this window changes sometimes from 9-11. if you see she is not using the numbers, just get in the (rude- people are standing on top of you as you discuss these private matters) line. one time i wasted a lot of time standing there with my number when she wasn't using them. but she did ask for it when she saw it in my hand at the end. also, its open from 1-3 in the afternoon only. but after two o'clock, you can get through in much less time, like ten minutes instead of 30-40.

we have already opened a provisional file after the I129F was approved. (at vermont by the way. i finally had some good luck - them seem to be the fastest!). the service center then sends the case to the nvc (national visa center) somewhere in like missouri or something. they take about two weeks or so to assign a case number and send the documents to bangkok. after two weeks, you can call to get the case number. you don't need to wait for the packet 3 to be sent, you can go to the consulate and hand in the documents (only a few are required at this time) and get an interview date right then.

i plan to call the NVC on monday night (day in the US) to see if there is a case number. then if we can get to the consulate this week or the next, we should have an interview date before the end of jan. last week i checked and the interviews were being scheduled for about the 11-14 of jan.

anyway, i am not an expert or a lawyer, but this is how its been working for us. we mailed the I129F by dhl on sept 10 (or 3rd, but i think the tenth) and are almost at getting a case number.

[Darth Bangkok]

"Two weeks ago, I got the letter from the NVC stating it was being sent to the embassy in Bangkok "within the week", and my fiancée has yet to hear from them."

daveh,

call the NVC!!!! you could have gotten your case number and interview even before you got that letter!!!

[daveh]

"Two weeks ago, I got the letter from the NVC stating it was being sent to the embassy in Bangkok "within the week", and my fiancée has yet to hear from them."

daveh,

call the NVC!!!! you could have gotten your case number and interview even before you got that letter!!!

Really? You already got your appointment.

The Nolo book says that I may be able to fax my approval letter to the embassy to schedule an appointment before they get tha paperwork from the NVC. But it didn't say anything about getting an appointment by calling the NVC.

This is from the NVC website: "I received my Instruction Packet. Now what do I do?

Procedures vary depending on the kind of visa and which embassy or consulate will be processing the case. Applicants should read carefully and follow the instructions in each packet sent to them that explain exactly what to do next. Jumping steps or sending in information that has not been requested will delay the process of your case. "

I do worry about the last part, "Jumping steps or sending information that has not been requested will delay the process of your case." Bureaucrats are very methodical. I'm afraid if I do something that interrupts their process, it could delay everything. But if this situation, getting an appointment BEFORE they get the Packet 3 information, is common, then they should be able to handle it just fine. I'll try to remember to call them when they open on Tuesday to see what I can do.

Thanks for the info, it could shave a few weeks off the process.

[nautilus]

Wasabi.........do the K1 yourself. Only you care about the petition. I have heard horror stories of lawyers making mistakes and delaying visa applications for 1 year.

Daveh..........your fiance can pick up packet 3 from the emabssy if she brings receipt number on the first NOA. A copy of your letter from NVC will help to. They will open up a provisional file until the paperwork arrives at the embassy. This makes more work for the embassy so some advise against it.

You should go to www.visajourney.com for clarification

[penelope]

I've decided I will most likely need the help of a lawyer to get all the paperwork done and assist my soon to be wife.

why people pay other people to fill in forms for them is beyond me.

[mrvietnam2001]

Look up attorney Marc Ellis in New Orleans. He's extremely qualified and honest.

Our timeline on a K-1 was 5 1/2 months.....from Vietnam.

You can also find him on the immigration link on Love of Asia Vietnam

Good luck

Mr Vietnam

[Darth Bangkok]

Yesterday, my girlfriend and I went to the consulate in bkk to hand in our checklist so we can get a k-1 appointment date. on the way out another girl came up to us and started to chat. her fiance is in the us and comes every month to visit her. they are using a lawyer. they started the process in july and are just getting the interview date. she is doing all the legwork here too. and from nong khai, taking the bus down when necessary.

we started in mid-september, a couple of months later and are getting an interview around the same time. i doubt if the lawyer delayed them. they are probably slower only because of the time delay in sending things back and forth (i am in bangkok). if you read up on the process, you can easily do it yourself and you'll know how to speed things along (like not waiting for mail confirmations of things before handing in forms at the consulate).

its not difficult, just slow.

[milo123077]

I recommend attorney Tasaneeya "Tanya" Shepherd. She assisted me when I married my Thai wife. I believe her website is www.immigrantadvisor.com. Tanya Shepherd is a Thai national who practiced law in Thailand before coming to the US to become a lawyer and practice law in the US. She is fluent in both Thai and English which was extremely helpful because she could explain things to my wife easily in Thai. Tanya was also helpful in that she knew Thailand well, had contacts in Thailand, and was knowledgeable about practices in Thailand and at the embassy since she practiced law in Thailand previously. I know several other people that have used her services and they have had nothing but good things to say about her.

There is much more involved than just getting the K1 or K3 visa. Eventually, your fiance/wife will have to adjust her status once in the United States. She may also want to apply for a permit so that she can work in the United States. She will also likely want to apply for US citizenship at some point too. Those are all things that an attorney can help you with. For me, it was worth spending a little extra money to save myself hours and hours and hours of my time trying to figure everything out myself.

Edited July 25, 2006 by milo123077