New Member... First Post... Feeling overwhelmed! I-130/Lawyers

[SenoraPossible 0]

Hi everyone! I'm new here.

So I am born American(Czech by blood).... and my husband was born Mexican..... although is living with me here in the US currently.

I felt that it were possible to do this(applying for his VISA, etc) without a lawyer but people keep scaring me saying its impossible without a lawyer. Then some of the lawyers are scaring us into doing things a certain way... and of course each lawyer says something different. How do we know who do listen to?

I wanted to start the I-130 and mail it in to speed the process up.... but our lawyer doesn't want us to submit it on our own.
We paid $150 4/3 for his fingerprints. They get sent to Immigration and then will get sent back to our lawyer with his background info. It takes up to 5 months just for that... and that has nothing to do with the paper part of the process.... it's only to know where he stands as far as the law, immigration, etc. I figured if we sent the I-130 in on our own at least we would be waiting 5 months for each but simultaneously so it's like half a year less in the long run.

What is with the scare tactics? We don't care how we have to do this.... whether from the US or go back to Mexico and we do it from there. We just want to do it right and get in done the best way(and cheapest) possible. If it means we need a lawyer, by all means we will keep the one we decided to go with. Some lawyers were saying he would HAVE to go back to Mexico since he is here without inspection. Some say there is a way that he can stay here. We are both more than willing to go to Mexico.... but there are going to be 3 US citizens' lives in jeopardy if we are all not allowed to re-enter at some point.


My questions here are ....
1) Is a lawyer absolutely necessary or is it possible to do this on your own?

2) Would you/did you file your I-130 on your own?

3) Has anyone been through this within the last 1-3 years from Mexico?

4) One lawyer said this is impossible without a sponsor. Our current lawyer says it helps but isn't necessary. Which is the truth? lol.

5) Has anyone gone back to Mexico recently and gotten back in okay? (The lawyer said if we went to Mexico we would make an appt at the embassy. In her words, they very rarely deny people from re-entering, but it does happen. I just wanted to know ensure the truth behind that)

6) Someone(not a lawyer) told me if I apply for his I-130 that they will come and arrest him? Any truth behind that?

and... I don't know... Whatever other advice/support you could give me about this process and as a new member amongst you lovely folk! <3

Thank you for your time and any assistance or advice you may be able to pass along. It is very much appreciated! We don't care where we live we just want to keep our family together. But obviously living here in the US would be easier for me since my whole family, school, etc is here.

[dwheels76 5,459]

Hi everyone! I'm new here.

So I am born American(Czech by blood).... and my husband was born Mexican..... although is living with me here in the US currently.

I felt that it were possible to do this(applying for his VISA, etc) without a lawyer but people keep scaring me saying its impossible without a lawyer. Then some of the lawyers are scaring us into doing things a certain way... and of course each lawyer says something different. How do we know who do listen to?

I wanted to start the I-130 and mail it in to speed the process up.... but our lawyer doesn't want us to submit it on our own.

We paid $150 4/3 for his fingerprints. They get sent to Immigration and then will get sent back to our lawyer with his background info. It takes up to 5 months just for that... and that has nothing to do with the paper part of the process.... it's only to know where he stands as far as the law, immigration, etc. I figured if we sent the I-130 in on our own at least we would be waiting 5 months for each but simultaneously so it's like half a year less in the long run.

What is with the scare tactics? We don't care how we have to do this.... whether from the US or go back to Mexico and we do it from there. We just want to do it right and get in done the best way(and cheapest) possible. If it means we need a lawyer, by all means we will keep the one we decided to go with. Some lawyers were saying he would HAVE to go back to Mexico since he is here without inspection. Some say there is a way that he can stay here. We are both more than willing to go to Mexico.... but there are going to be 3 US citizens' lives in jeopardy if we are all not allowed to re-enter at some point.

My questions here are ....

1) Is a lawyer absolutely necessary or is it possible to do this on your own?

2) Would you/did you file your I-130 on your own?

3) Has anyone been through this within the last 1-3 years from Mexico?

4) One lawyer said this is impossible without a sponsor. Our current lawyer says it helps but isn't necessary. Which is the truth? lol.

5) Has anyone gone back to Mexico recently and gotten back in okay? (The lawyer said if we went to Mexico we would make an appt at the embassy. In her words, they very rarely deny people from re-entering, but it does happen. I just wanted to know ensure the truth behind that)

6) Someone(not a lawyer) told me if I apply for his I-130 that they will come and arrest him? Any truth behind that?

and... I don't know... Whatever other advice/support you could give me about this process and as a new member amongst you lovely folk! <3

Thank you for your time and any assistance or advice you may be able to pass along. It is very much appreciated! We don't care where we live we just want to keep our family together. But obviously living here in the US would be easier for me since my whole family, school, etc is here.

Okay first yes they are trying to scare you. Lets get some questions cleared.

1. you say here without inspection. Is he here illegally then?
2. If he is here illegally for how long?

Okay now your questions:

1) Is a lawyer absolutely necessary or is it possible to do this on your own? No a lawyer is not required. All depends how complicated your case is and if you have waivers and such to file.

2) Would you/did you file your I-130 on your own? I did (not for Mexico but many have and successful They will come along.

3) Has anyone been through this within the last 1-3 years from Mexico? Many have

4) One lawyer said this is impossible without a sponsor. Our current lawyer says it helps but isn't necessary. Which is the truth? A sponsor as in you don't make enough? If you don't make enough for your household size yes you will need a co-sponsor.

5) Has anyone gone back to Mexico recently and gotten back in okay? (The lawyer said if we went to Mexico we would make an appt at the embassy. In her words, they very rarely deny people from re-entering, but it does happen. I just wanted to know ensure the truth behind that). There are many on this sight that filed here then a waiver and they went to Mexico for interview and were approved.

6) Someone(not a lawyer) told me if I apply for his I-130 that they will come and arrest him? Any truth behind that? That's a lie. Is your husband a criminal wanted by FBI or a terrorist?

[SenoraPossible 0]

Yes... He entered without inspection in 2007. It was before his 16th birthday so he qualifies for DACA but because he never finished prepa(school) he would have to be enrolled in some type of schooling here first. We have a baby together but unfortunately she was born after the current DAPA cutoff.

He has been here ever since and has not left. He'll be turning 25 in May.

I'm certain that we will have to file waivers. Someone even mentioned we may have to pay a "pardon".

A sponsor as in the lawyer said when we go to Mexico to the embassy its much easier if you have a sponsor.
I was working until I met my husband... now I stay at home and take care of the kids and the house, and he is the breadwinner. He currently qualifies with the 125% guideline.

For the answer of #5.... good to know! I wanted sure it wasn't just a trick to get him to go back because we are more than willing lol. We have to go in May 2015 for a family event anyway. We are hoping to have the family petition approved by then but at this rate I doubt we will.

He is absolutely not a criminal of any sort. lol. I think his biggest felony was a parking ticket. lol.

[dwheels76 5,459]

Yes... He entered without inspection in 2007. It was before his 16th birthday so he qualifies for DACA but because he never finished prepa(school) he would have to be enrolled in some type of schooling here first. We have a baby together but unfortunately she was born after the current DAPA cutoff.

He has been here ever since and has not left. He'll be turning 25 in May.

I'm certain that we will have to file waivers. Someone even mentioned we may have to pay a "pardon".

A sponsor as in the lawyer said when we go to Mexico to the embassy its much easier if you have a sponsor.

I was working until I met my husband... now I stay at home and take care of the kids and the house, and he is the breadwinner. He currently qualifies with the 125% guideline.

For the answer of #5.... good to know! I wanted sure it wasn't just a trick to get him to go back because we are more than willing lol. We have to go in May 2015 for a family event anyway. We are hoping to have the family petition approved by then but at this rate I doubt we will.

He is absolutely not a criminal of any sort. lol. I think his biggest felony was a parking ticket. lol.

DO NOT under any circumstances leave. Your husband can not leave until you are ready for interview. Him leaving he automatically will get a lifetime ban so you have to stay put. File the I-130 and get that ball rollin and you will need to file the I-1601. Let me request your thread here be moved over to the waivers forum so you can get the kind of audience to better help you on your way.

[Ontarkie 13,913]

~~Moved to Waivers, from IR1/CR1 as this is not a straight forward spousal petition.~~

[SenoraPossible 0]

For the I-130.... on the first page under relative's information.... do I put our address here in USA or his there in Chiapas, Mexico?

[dwheels76 5,459]

For the I-130.... on the first page under relative's information.... do I put our address here in USA or his there in Chiapas, Mexico?

Yes your address here.

[mallafri76 1,012]

You have to sponsor your husband, meaning it is your income that counts for the affidavit of support. If you don't have enough then you need a joint sponsor. The joint sponsor can be any USC or permanent resident, doesn't have to be immediate relative.

Normally, the beneficiary's income will count if it will continue from the same source after immigration. However, as your husband is working illegally in the US, I doubt they will count that for immigration purposes. May I ask how he's even able to work and pay taxes when he's in the US illegally? Just curious.

[SenoraPossible 0]

You have to sponsor your husband, meaning it is your income that counts for the affidavit of support. If you don't have enough then you need a joint sponsor. The joint sponsor can be any USC or permanent resident, doesn't have to be immediate relative.

Normally, the beneficiary's income will count if it will continue from the same source after immigration. However, as your husband is working illegally in the US, I doubt they will count that for immigration purposes. May I ask how he's even able to work and pay taxes when he's in the US illegally? Just curious.

I don't have a full response for you because I, myself, am not 100% sure.... but I know we just did our taxes and he has an ITIN that he applied for. A taxpayer ID number.

He is the only one working and the only one that will continue to work. I am no longer working so I make $0. lol. We have 2 babies but only 1 of those is together, so it helps with the amount he has to make to qualify..... except he can't qualify because .... well you know. lol. We have no one else that can sponsor for us.

Is a sponsor necessary? I know some of the benefits to having one.... but is it mandatory?

We are filling out the I-130 and it says you must include a G-325A for both myself and my spouse. On the top it says "File Number" and it starts with an "A".... and on the bottom it says "Alien Registration Number" which also starts with an "A". Since this is the first time we are filing anything we obviously don't have either number. Should we fill in that box with "N/A"?

[dwheels76 5,459]

I don't have a full response for you because I, myself, am not 100% sure.... but I know we just did our taxes and he has an ITIN that he applied for. A taxpayer ID number.

He is the only one working and the only one that will continue to work. I am no longer working so I make $0. lol. We have 2 babies but only 1 of those is together, so it helps with the amount he has to make to qualify..... except he can't qualify because .... well you know. lol. We have no one else that can sponsor for us.

Is a sponsor necessary? I know some of the benefits to having one.... but is it mandatory?

We are filling out the I-130 and it says you must include a G-325A for both myself and my spouse. On the top it says "File Number" and it starts with an "A".... and on the bottom it says "Alien Registration Number" which also starts with an "A". Since this is the first time we are filing anything we obviously don't have either number. Should we fill in that box with "N/A"?

Yes it is mandatory that someone is making at or above the poverty guideline for your household size which is 4. Which is $30,312. You will not be approved otherwise.

You would put None for Alien Number and File number since he doesn't have one. Remember the G-325A you fill one out and he fills one out.

[Done--Really 331]

You have to sponsor your husband, meaning it is your income that counts for the affidavit of support. If you don't have enough then you need a joint sponsor. The joint sponsor can be any USC or permanent resident, doesn't have to be immediate relative.

Normally, the beneficiary's income will count if it will continue from the same source after immigration. However, as your husband is working illegally in the US, I doubt they will count that for immigration purposes. May I ask how he's even able to work and pay taxes when he's in the US illegally? Just curious.

Way too many people assume that just because someone is here without papers, they work and hide all their income -- that just isn't the case. It is easy to get an ITIN number and file taxes just like the rest of us do. The last data I could find was for 2006 when 1.4 million folks filed using ITIN numbers -- it's a far cry from everyone, but not zero like everyone seems to think.

We live in Austin TX, and every tax preparer service has big signs saying they will get an ITIN number for you if you don't have one, and of course will also file your taxes for you with the ITIN number.

I would certainly get an official opinion from USCIS whether or not his income qualifies -- he is here without papers, but is paying his taxes, and presumably his job will continue into the future.

Edited April 17, 2015 by AlmostDoneWhew

[ggodoi 9]

You have to sponsor your husband, meaning it is your income that counts for the affidavit of support. If you don't have enough then you need a joint sponsor. The joint sponsor can be any USC or permanent resident, doesn't have to be immediate relative.

Normally, the beneficiary's income will count if it will continue from the same source after immigration. However, as your husband is working illegally in the US, I doubt they will count that for immigration purposes. May I ask how he's even able to work and pay taxes when he's in the US illegally? Just curious.

1st What do you think all the illegals in this country are doing right now? Seating on the couch watching TV? Most illegals work and harder than many American born citizens.

Nobody is going to risk their lives coming here illegally for no reason, they come and perform jobs that pay pennies at home for hundreds or thousands of dollars here.

2nd You dnt need to be legal to pay taxes, you can't get refunds but if you are going to pay IRS is more than willing to take your money.

[ggodoi 9]

I don't have a full response for you because I, myself, am not 100% sure.... but I know we just did our taxes and he has an ITIN that he applied for. A taxpayer ID number.

He is the only one working and the only one that will continue to work. I am no longer working so I make $0. lol. We have 2 babies but only 1 of those is together, so it helps with the amount he has to make to qualify..... except he can't qualify because .... well you know. lol. We have no one else that can sponsor for us.

Is a sponsor necessary? I know some of the benefits to having one.... but is it mandatory?

We are filling out the I-130 and it says you must include a G-325A for both myself and my spouse. On the top it says "File Number" and it starts with an "A".... and on the bottom it says "Alien Registration Number" which also starts with an "A". Since this is the first time we are filing anything we obviously don't have either number. Should we fill in that box with "N/A"?

You will have to figure something out about the sponsor. Same thing happened to me, I married my wife in 2012, she got pregnant and stopped working and I was only one working, even tho I was making way above the 125% poverty level I couldn't do AOS because we had nobody to sponsor. Forward 3 years, 2014 she worked so this year she finally had income to report and we sent our application last month.

[mallafri76 1,012]

Way too many people assume that just because someone is here without papers, they work and hide all their income -- that just isn't the case. It is easy to get an ITIN number and file taxes just like the rest of us do. The last data I could find was for 2006 when 1.4 million folks filed using ITIN numbers -- it's a far cry from everyone, but not zero like everyone seems to think.

We live in Austin TX, and every tax preparer service has big signs saying they will get an ITIN number for you if you don't have one, and of course will also file your taxes for you with the ITIN number.

I would certainly get an official opinion from USCIS whether or not his income qualifies -- he is here without papers, but is paying his taxes, and presumably his job will continue into the future.

Again, just being curious, do you need a social security number to get an ITIN?

OP, I guess him filing his taxes will be in his advantage, although I still doubt they will accept his salary and allow him to self-petition the AOS. If that was allowed, anyone from a VWP country could just enter as a tourist, stay with their spouse and work for a year, file taxes and then be able to adjust their status.

1st What do you think all the illegals in this country are doing right now? Seating on the couch watching TV? Most illegals work and harder than many American born citizens.

Nobody is going to risk their lives coming here illegally for no reason, they come and perform jobs that pay pennies at home for hundreds or thousands of dollars here.

2nd You dnt need to be legal to pay taxes, you can't get refunds but if you are going to pay IRS is more than willing to take your money.

Where in my post am I saying illegals don't work??? I was simply curious as to how someone would be able to get a "legal" job when not having a green card. As I understand, you need a social security number to get a job and when looking for myself to get a social security number in Texas for the future, it says I need to show proof of my legal status in the US.

I was just being curious and there was nothing negative about my post, I'm glad the OP took it the right way.

[Done--Really 331]

The ITIN is instead of a social security number. It is primarily for people in the US without papers, but is also used by some foreign investors who live outside the country.