Any advice on moving to America from the UK

[Fatbrit]

Originally Posted by AllThatJazz

It is a Yes. I recommend an immigration lawyer. The lowest possible value is that one gets advice but then acts on one's own. The highest value is that it is turned totally over to them and everything gets done perfectly and timely. Better to know that everything possible was done than to look back later and wish that it had been done. One can argue after the fact that one could have done it themself. However, one cannot argue after the fact that they wish they had gotten an immigration lawyer. The goal is to get the visa, regardless of knowing or believing afterwards that one could or could have done it better on their own. Keep in the mind the goal, and not necessarily on the whos, hows, or whats on achieving that goal.

And it is suggested that it is better to get an immigration lawyer based in the target country, in this case, The U.S., and if possble in the immediate area where the sponsor is located. Experience, expertise, location, and ability to respond immediately all can help reduce the time frame.

If there is anything that is not understandable, not just what I have written, but any documentation or notes related to what you are trying to achieve, move it into something that is understandable. For example, one can take the text I wrote yesterday and copy and paste it into a Word or text document, then enlarge the font, etc. Just do whatever has to be done, whether it turns out to be very easy or very difficult.

Wishing you well.

Problem is, on my extensive reading of immigration forums over the past 4 or 5 years, I've seen more than a handful who've taken a wrong turn with professional help -- so an immigration lawyer is never a cast-iron guarantee. If an applicant has reasonable intelligence, proficiency in English, internet access, there are no warning signs, and they are able and willing to spend the time doing their research, then it's not a particularly difficult task. And you end up saving a considerable amount of money.

I have seen absolutely no evidence that an immigration lawyer can reduce "time frames". They certainly can't reduce waiting times for processing. Did you mean something else?

[AllThatJazz]

No scenario is iron clad. Indeed it is not even cast until it is in motion. The overriding issue is getting it in motion, whether on one's own or with an immigration lawyer. I have seen two cases where on one's own, the person was able to move quicker than a lawyer. I have seen another case where the person and the lawyer worked in close conjunction with one another as consultant both ways, and it reduced the time frame that would have otherwise occurred for a successful conclusion. Another case, the person tried on their own, and six weeks later got an immigration lawyer and it then went speedy. Yet another case where the person spent months contemplating which route but in the meantime doing nothing. And two other cases in which the immigration lawyer performed fully and as quickly as possible given the time involved in the process itself.

All assumptions are valid on reasonableness of who can do what as well as what will transpire. From what I have seen, the weight falls on the side that it is better to have an immigration lawyer than not to have one. Others might have seen examples that lead to a different conclusion, which means they have seen another set of cases.

It is a case by case situation in which each person must decide. But decide they must, and then take action.

[Bevdeforges]

OK, before we beat this particular horse to death it might be helpful if the OP came back to give us a bit more detail about the situation.

Note that he or she referred only to their "partner" and that the idea of marriage had been "discussed" (I assume - the original said "disused"). The OP also only said that the partner "lives in Texas" - if this person is not a US citizen, then the whole K-1 scenario is off the table.

Personally, I think the use of an attorney is only helpful where there is some complicating factor that needs to be presented in the "right" way in order to avoid an automatic rejection due to some technicality. For a K-1, if the couple hasn't known each other very long, or can't produce the sorts of documents to "prove" the relationship, then an attorney might be able to help with the process by suggesting alternative approaches to establishing the legitimacy of the request.

But in some cases, use of an attorney will simply arouse suspicion that "something isn't right and they are trying to get around it all." The immigration officials are given considerable discretion to follow their hunches and intuitions, and any visa application is a real crap shoot these days.

Anyhow, it would be helpful to know a little more about the OP and his or her situation.
Cheers,
Bev

[AllThatJazz]

It would be of some help if the OP explained the specific situation, but at this point it is probably better for the OP did research elsewhere. In fact it is hoped that the person has moved onward to taking some action.

Immigration doesn't care if there is there is a lawyer involved. Indeed they likely wouldn't even know, as decision makers don't communicate with the person, but clerical staff do. And from that perspective, immigration might even prefer that a lawyer be in place in order to reduce workflow and duplicative efforts on their end.

[Fatbrit]

Originally Posted by AllThatJazz

Indeed they likely wouldn't even know,

They would and do know!!! You tell them on the forms submitted.

[AllThatJazz]

Immigration cares not if a lawyer is involved, so whether they know or not is moot, on the forms or otherwise, it matters not.

To the person who originally was seeking advice: I advise getting an immigration lawyer based on experience as well as knowledge of a variety of different cases and their corresponding outcomes. See other postings for rationale, then move on and get something going on it today, whether it be on your own or not.

[SiB86]

Originally Posted by AllThatJazz

And/or finding out that written letters going both ways between the two people involved going back at least 6 months or longer are necessary? If those don't exist, then those will have to be started, meaning the time that has already elapsed from submitted the application to that point in time, it will be a minimum of another 6 months after starting with those letters back and forth so as to be able to submit those letters 6 months later. And/or what if a picture of the couple together taken sometime within the last 12 months is needed?

Thanks Guys i wasnt expecting all these responses after only putting my question up a few days ago. i just wanted to ask about the letter evidence? i hadnt heard anything about personal letters being used in visa's before? do they help? and/or would things like msn logs and emails be any help with such an aplication.

[Bevdeforges]

Hi again - glad to see you back!

As I understand it, the letters and blogs and whatever else are useful if there is some question about the validity or duration of the relationship. Obviously, if you're asking to enter the US on a fiancé visa, then ideally you have known each other for a while and spent a certain amount of time together so as to make it reasonable to assume you really are intent on getting married within the 90 days after your arrival.

The immigration officials are looking to avoid sham marriages and situations like in the film, "Green Card" where someone is getting married solely to get into the US and get their green card.
Cheers,
Bev

[AllThatJazz]

Letters, emails, postcards, pictures.....whatever. The more, the better. And whatever you don't submit, take them all with you anyway to the interview, too. Inundate them, anything to prove your case beyond a reasonable doubt. I would even suggest the partner going to the interview. Not that he/she would be allowed in the actual interview, but that single statement "He/she flew over, and is outside in the waiting room" can help.

Even on that note, there is a constant argument about the expenses, and why spend more than one "has to." I say this: who says that you have to do anything? Do nothing, spend nothing if so desired. And even gamble with the visa getting issued. Or keep this single goal in mind: to get a visa so you can be with your loved one. If one gets into the mindset of achieving that single goal, then one can ignore what others say about trying to take short cuts, or trying to penny pinch here and there, why this, why that, etc. All items that detract from the goal are detractors from the goal. When indeed the goal is the goal, so get in that mindset and back it up with real action all of the time, without exception, 100%, and don't let anyone talk you into trying short cuts or penny pinching along the way. Advice that detracts from the goal is advice that might well intended on secondary and tertiary goals, but still detracts from the real goal. Hindsight is 20/20, but today and everyday must be 100% towards achieving the goal.

[SiB86]

In reply to the members asking if my partner is an American citizen,they are, and earns more than the requirements in the terms of k-1's sponsors annual income. were pretty sure about hiring a lawyer to get us through this (one in the US) im a English citizen neither of us have criminal records, i will hopefully be able to apply for a work permit when i get the K-1 so i can work in the period between going to America and marrying my partner.
I'm going to throw everything i have at this, i don't want to take the risk of getting something wrong through this process, thats why were going to use a lawyer.