K1- then AOS...when doing an AOS package, do we need I-130 with it?

[ER Team :) 5]

I'm just wondering...asked our lawyer who's doing our K1...that we would liek to file AOS as soon as possible after I arrive in U.S... Since I have my brothers wedding back in Poland later on this year we will have to file AOS together with I-131 and EAD ( we'll save on the I-131- EAD when we file with AOS)....and I though that part of the AOS package when I will finally be in U.S is a I-130...

My lawyer came to me with such filing fees when i asked ' the Dept. of Homeland Security filing fees for your AOS, work permit & travel application will be $1,070 + $420 for your husband’s petition and affidavit support applications (2 separate money orders/cashier’s checks)

I'm guessing $1,070 for I-485 and biometrics...what's the $420 for?

Then again...I've counted 4 mistakes our lawyer made so far...so maybe she has made another one...I was looking at the guides on VJ and from what I managed to find out when you file AOS after you enter U.S on K-1 and get married - you don't need to file I-130 concurently...

Any thoughts?

[Inky 1,110]

You don't file an I-130!!

You get married, get your marriage certificate back and then file AOS which is I-485! then AP(travel document) and EAD with it are at no cost when sent at the same time.

420$ is the fee for the I-130!!! Aos is ONLY 1070$!! Your lawyer sounds like she has NO idea what shes doing..

Edit to add the guide to AOS from K-1 visa for you. Its SO simple you can do it on your own and save yourself money and time for real. http://www.visajourney.com/content/k1k3aos

Edited March 9, 2011 by Inky

[Juan & Nan 12]

You don't file an I-130!!

You get married, get your marriage certificate back and then file AOS which is I-485! then AP(travel document) and EAD with it are at no cost when sent at the same time.

420$ is the fee for the I-130!!! Aos is ONLY 1070$!! Your lawyer sounds like she has NO idea what shes doing..

Edit to add the guide to AOS from K-1 visa for you. Its SO simple you can do it on your own and save yourself money and time for real. http://www.visajourn...content/k1k3aos

Pardon my ignorace, but what is AP(travel document) and what is EAD? Thanks!

[ER Team :) 5]

You don't file an I-130!!

You get married, get your marriage certificate back and then file AOS which is I-485! then AP(travel document) and EAD with it are at no cost when sent at the same time.

420$ is the fee for the I-130!!! Aos is ONLY 1070$!! Your lawyer sounds like she has NO idea what shes doing..

Edit to add the guide to AOS from K-1 visa for you. Its SO simple you can do it on your own and save yourself money and time for real. http://www.visajourney.com/content/k1k3aos

Thanks, That's what I was thinking... first, she filled out our I-129f wrong, then she was saying i can travel while having my advance parole pending, then she was saying that the package 3 is sent to NVC! and at the end she was misinforming us about the choice of the consulate where my K! application will be processed...I cought her messing up few times thanks to VJ actually...and she was trying to cover up her mistakes with some bullshit talking...one thing is for sure, we're not going to use her service for the I-485, I think we will actually do it ourselves. VJ and its members are really helpful!Cheers!

Pardon my ignorace, but what is AP(travel document) and what is EAD? Thanks!

AP - is Advance Parole...you apply with I-131...and EAD is work permit you apply for with I-765...when filled with AOS there's no charge for it! Cheers

[Juan & Nan 12]

[quote name=ER Team ' timestamp='1299672909' post='4528724]

Thanks, That's what I was thinking... first, she filled out our I-129f wrong, then she was saying i can travel while having my advance parole pending, then she was saying that the package 3 is sent to NVC! and at the end she was misinforming us about the choice of the consulate where my K! application will be processed...I cought her messing up few times thanks to VJ actually...and she was trying to cover up her mistakes with some bullshit talking...one thing is for sure, we're not going to use her service for the I-485, I think we will actually do it ourselves. VJ and its members are really helpful!Cheers!

AP - is Advance Parole...you apply with I-131...and EAD is work permit you apply for with I-765...when filled with AOS there's no charge for it! Cheers

Thanks!

[slangofoil 50]

[quote name=ER Team ' timestamp='1299672909' post='4528724]

Thanks, That's what I was thinking... first, she filled out our I-129f wrong, then she was saying i can travel while having my advance parole pending, then she was saying that the package 3 is sent to NVC! and at the end she was misinforming us about the choice of the consulate where my K! application will be processed...I cought her messing up few times thanks to VJ actually...and she was trying to cover up her mistakes with some bullshit talking...one thing is for sure, we're not going to use her service for the I-485, I think we will actually do it ourselves. VJ and its members are really helpful!Cheers!

AP - is Advance Parole...you apply with I-131...and EAD is work permit you apply for with I-765...when filled with AOS there's no charge for it! Cheers

PLEASE do it yourself rather than using that lawyer. Sheesh! Don't give her another dime after so many screw-ups.

[ER Team :) 5]

PLEASE do it yourself rather than using that lawyer. Sheesh! Don't give her another dime after so many screw-ups.

Trust me, WE KNOW NOW! No way we're using her for anything ever again ! ...or any other layer as far as AOS, thanks to VJ and it's members we know that it's actually not that hard..and will save a lot of money...she said that her fee for adjusting status is $2,500 ( and that's alread including a discount!) !!!!!!!!

[James And Oksana 19]

[quote name=ER Team ' timestamp='1299671387' post='4528700]

I'm just wondering...asked our lawyer who's doing our K1...that we would liek to file AOS as soon as possible after I arrive in U.S... Since I have my brothers wedding back in Poland later on this year we will have to file AOS together with I-131 and EAD ( we'll save on the I-131- EAD when we file with AOS)....and I though that part of the AOS package when I will finally be in U.S is a I-130...

My lawyer came to me with such filing fees when i asked ' the Dept. of Homeland Security filing fees for your AOS, work permit & travel application will be $1,070 + $420 for your husband's petition and affidavit support applications (2 separate money orders/cashier's checks)

I'm guessing $1,070 for I-485 and biometrics...what's the $420 for?

Then again...I've counted 4 mistakes our lawyer made so far...so maybe she has made another one...I was looking at the guides on VJ and from what I managed to find out when you file AOS after you enter U.S on K-1 and get married - you don't need to file I-130 concurently...

Any thoughts?

You ONLY file a I-130 IF you are past the 90 days in getting married and filing. The 1070 includes the fee for biometrics for your spouse. Your attorney must not have much experience with AOS.

[ER Team :) 5]

You ONLY file a I-130 IF you are past the 90 days in getting married and filing. The 1070 includes the fee for biometrics for your spouse. Your attorney must not have much experience with AOS.

I know, I have already realized that.. it turns out she couldn't have had much experience with K1 either...soooo many mistakes! You would think that having a lawyer to handle it for you makes it all much clearer and therefore faster... well, surprise surprise!

The bottom line is, her 'knowledge' is not worth the money she was paid...to say the least...

I forgot to add...the way she tries to cover up her mistakes...hilarious! quite creative I must give her a credit for that!

[Barbara J 115]

[quote name=ER Team ' timestamp='1299677124' post='4528784]

I know, I have already realized that.. it turns out she couldn't have had much experience with K1 either...soooo many mistakes! You would think that having a lawyer to handle it for you makes it all much clearer and therefore faster... well, surprise surprise!

The bottom line is, her 'knowledge' is not worth the money she was paid...to say the least...

I forgot to add...the way she tries to cover up her mistakes...hilarious! quite creative I must give her a credit for that!

OH no you poor thing yeah do the AOS yourself when the time comes trust me you can do it. Just follow the guides on here and download and print off instructions from USCIS and have them ready to fill in after you get married. Man we hear so many disaster stories on here about Lawyers. Not good hey Good luck with your K1

[ER Team :) 5]

Dear VJ members...So i had a small emailing back and forth with our lawyer...in relation to if we need to file I-130 with our AOS...

Okay...I knew she's gonna write sth and try to cover up that mistake, okay dear VJ members, what do you have to say about that :

"Good Afternoon, Ela:

I've attached the I-485 instructions with a highlighted section on page 5. If you break that paragraph down, this is what you get:

You must include a copy of:

· the Form I-797C, Notice of Action, of an approved Form I-130, Petition for Alien Relative,

· or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, or other official document reflecting a current priority date and family preference,

· or file your application together with a Form I-130 or Form I-360 as appropriate.

The last bullet point (as I've formatted it) makes it clear that an I-130 is required.

I understand your concern to make sure the petitions that I file are the appropriate ones for your case, and I commend you for your desire to get verification. However, just to calm any additional worries you may have, I have more than 5 years experience in filing these applications, which includes submitting a Form I-130, and I have yet to have an adjustment of status application based on marriage denied.

Thank you.

XXX "

Any comments???? I'm not sure if I should start laughing or crying...I'm just soooooo angry at her!!!

[slangofoil 50]

[quote name=ER Team ' timestamp='1299789405' post='4532290]

Dear VJ members...So i had a small emailing back and forth with our lawyer...in relation to if we need to file I-130 with our AOS...

Okay...I knew she's gonna write sth and try to cover up that mistake, okay dear VJ members, what do you have to say about that :

"Good Afternoon, Ela:

I've attached the I-485 instructions with a highlighted section on page 5. If you break that paragraph down, this is what you get:

You must include a copy of:

· the Form I-797C, Notice of Action, of an approved Form I-130, Petition for Alien Relative,

· or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, or other official document reflecting a current priority date and family preference,

· or file your application together with a Form I-130 or Form I-360 as appropriate.

The last bullet point (as I've formatted it) makes it clear that an I-130 is required.

I understand your concern to make sure the petitions that I file are the appropriate ones for your case, and I commend you for your desire to get verification. However, just to calm any additional worries you may have, I have more than 5 years experience in filing these applications, which includes submitting a Form I-130, and I have yet to have an adjustment of status application based on marriage denied.

Thank you.

XXX "

Any comments???? I'm not sure if I should start laughing or crying...I'm just soooooo angry at her!!!

The devil's in the details...as any lawyer ought to know. Ok, I'm gonna go through how you might break this down for her. 'Cause this kind of willful ignorance really gets me going, especially when she's trying to take your hard-earned money.

You can point out to her that the full paragraph reads:

"You must include a copy of the Form I-797C, Notice of Action, of an approved Form I-130, Petition for Alien Relative, or form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, or other official document reflecting a current priority date and family preference, or file your application together with a Form I-130 or Form I-360 as appropriate."

Hmmm...what could that "other official document" be? Perhaps an approval notice for the I-129F?

And then, a few paragraphs later:

"D. K-1 Fiance(e) (and K-2 dependents) whose Form I-485 is based on an approved Form I-129F, Petition for Alien Fiance(e), (Part 2, Box "c" on the form);"

So...as this clearly states, your application is based on an approved Form I-129F...not an I-130. Ok, lets read the actual form, and find the "Part 2, Box "c"", and it reads:

"I entered as a K-1 fiance(e) of a U.S. citizen whom I married within 90 days of entry, or I am the K-2 child of such a fiance(e). (Attach a copy of the fiance(e) petition approval notice and the marriage certificate.)"

Contrast this with box "a" that instructs to attach a copy of an immigrant petition notice OR file a petition with it. Two different classes of applicants. K-1s are clearly a special case.

Honestly, has this woman ever done a K-1 adjuster or ONLY adjusters from other visas? And ask her to explain how thousands of K-1 adjusters on VisaJourney filed without an I-130 and managed to get approved.

Good luck trying to get it through her head! I really hope you do, so she doesn't screw up anyone else's case.

[ER Team :) 5]

The devil's in the details...as any lawyer ought to know. Ok, I'm gonna go through how you might break this down for her. 'Cause this kind of willful ignorance really gets me going, especially when she's trying to take your hard-earned money.

You can point out to her that the full paragraph reads:

"You must include a copy of the Form I-797C, Notice of Action, of an approved Form I-130, Petition for Alien Relative, or form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, or other official document reflecting a current priority date and family preference, or file your application together with a Form I-130 or Form I-360 as appropriate."

Hmmm...what could that "other official document" be? Perhaps an approval notice for the I-129F?

And then, a few paragraphs later:

"D. K-1 Fiance(e) (and K-2 dependents) whose Form I-485 is based on an approved Form I-129F, Petition for Alien Fiance(e), (Part 2, Box "c" on the form);"

So...as this clearly states, your application is based on an approved Form I-129F...not an I-130. Ok, lets read the actual form, and find the "Part 2, Box "c"", and it reads:

"I entered as a K-1 fiance(e) of a U.S. citizen whom I married within 90 days of entry, or I am the K-2 child of such a fiance(e). (Attach a copy of the fiance(e) petition approval notice and the marriage certificate.)"

Contrast this with box "a" that instructs to attach a copy of an immigrant petition notice OR file a petition with it. Two different classes of applicants. K-1s are clearly a special case.

Honestly, has this woman ever done a K-1 adjuster or ONLY adjusters from other visas? And ask her to explain how thousands of K-1 adjusters on VisaJourney filed without an I-130 and managed to get approved.

Good luck trying to get it through her head! I really hope you do, so she doesn't screw up anyone else's case.

Well, that's exactly what I pointed out! What's more, We have called the USCIS and quoted her what the officer there said. Then she replied that she did some research in her 'wise immigration law books' and she said that yes, we don;t need the I-130 petition if we get married withing 90 days...and gave a bunch of excuses to cover up her lack of knowledge...

It's really frustrating...what's our plan? We're still waiting for our NOA2, I've decided to all the things myslef from now on. And when I'm in States safe'n'sound, I will pay her a visit and tell her what i think and file a complaint to the bar ( I have all her misinformation episodes in my email, i kept all the emails)..we just decided we're not gonna do it now..since we have a lot of stress as it is now.

[VanessaTony 3,567]

[quote name=ER Team ' timestamp='1300133570' post='4540293]Well, that's exactly what I pointed out! What's more, We have called the USCIS and quoted her what the officer there said. Then she replied that she did some research in her 'wise immigration law books' and she said that yes, we don;t need the I-130 petition if we get married withing 90 days...and gave a bunch of excuses to cover up her lack of knowledge...

It's really frustrating...what's our plan? We're still waiting for our NOA2, I've decided to all the things myslef from now on. And when I'm in States safe'n'sound, I will pay her a visit and tell her what i think and file a complaint to the bar ( I have all her misinformation episodes in my email, i kept all the emails)..we just decided we're not gonna do it now..since we have a lot of stress as it is now.

So she's realised that you don't need the I-130 now? Good.

Once you've arrived, fire her, then make a complaint about her. Then file AOS yourself 'cause you're SURE gunna be fine without her :S

[ER Team :) 5]

So she's realised that you don't need the I-130 now? Good.

Once you've arrived, fire her, then make a complaint about her. Then file AOS yourself 'cause you're SURE gunna be fine without her :S

Yes, she finally did! God that was hard! You'd think she's a lawyer so she should be the one explaing you stuff!

Trust me, I can't wait to sit down in a chair in front of her and show her all the emails she wrote, nicely printed - all her gibberish higlighted...and fire her ####! and for sure we will let appropriate offices know about her obvious malpractice...