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Lawyer claiming I need to file I-130 after marriage... fiance coming on I-129f

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My lawyer has communicated to me several times that after my fiance has received his visa and we get married in the US that we will need to file both a I-130 and the AOS. Everything I have read disagrees with this. I believe we just need the AOS.... right??

I love my lawyer and she has been great getting the prep work done and submitting for me but I think she is wrong?!!


10/20/2011 - Submitted I-129f to CSC

10/22/2011 - CSC Received our packet

10/24/2011 - NOA1

10/28/2011 - Touched

2/23/2012 - 2/28/2012 Trip to Mexico

2/27/2012 - NOA2

3/5/2012 - NVC received our packet

3/6/2012 - NVC forwarded packet to consulate

3/8/2012 - Received by consulate

3/23/2012 - Packet sent by consulate

4/16/2012 - Medical and Finger printing scheduled

4/17/2012 - Interview

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Your lawyer is WRONG! Please look over the I-485 and it will be clear as day that no I-130 is needed if you enter on K-1 visa and marry within 90 days.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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My lawyer has communicated to me several times that after my fiance has received his visa and we get married in the US that we will need to file both a I-130 and the AOS. Everything I have read disagrees with this. I believe we just need the AOS.... right??

I love my lawyer and she has been great getting the prep work done and submitting for me but I think she is wrong?!!

You might want to love your lawyer a little less. Either your lawyer is ignorant and doesn't realize that the I-130 is unnecessary, or she is trying to get you to pay for useless work. So you either have an ignorant lawyer or a crooked one.

Edited by aaron2020

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My lawyer has communicated to me several times that after my fiance has received his visa and we get married in the US that we will need to file both a I-130 and the AOS. Everything I have read disagrees with this. I believe we just need the AOS.... right??

I love my lawyer and she has been great getting the prep work done and submitting for me but I think she is wrong?!!

And I bet your loving lawyer wants to charge you to help you file the 130? Sri for the shot but the information is totally false and is very basic and questions the lawyers knowledge and ability.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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She sent me a list of fees, before filing stating it would be $1440 between their fees and the USCIS Filling fee for the I-129F, $1270 for the the I-130, and $2500 for the AOS.

I then replied "All of the papers I have read state that you file the I-129f instead of the I-130, and you listed both on my fee agreement. I would only be doing the I-129f, correct?"

Her reply "You will still ultimately need to file the I-130, but not until after you are married. That is why it is still listed. I hope that clarifies."

My reply "Hmmmm. Sounds fishy. I thought the only time the I-130 (Petition for Alein Relative) was filed was when the immigrant was overseas.... so if he is here on an I-129f, he won't need it."

Her reply, "No. He will need it. The I-130 is the underlying petition and is the basis for the actual green card. Without it, the adjustment of status cannot be approved."

Me "I thought the I-129f was the underlying petition"

Her reply, "No. We will discuss this further upon your visit."

........ this was back in May last year.


10/20/2011 - Submitted I-129f to CSC

10/22/2011 - CSC Received our packet

10/24/2011 - NOA1

10/28/2011 - Touched

2/23/2012 - 2/28/2012 Trip to Mexico

2/27/2012 - NOA2

3/5/2012 - NVC received our packet

3/6/2012 - NVC forwarded packet to consulate

3/8/2012 - Received by consulate

3/23/2012 - Packet sent by consulate

4/16/2012 - Medical and Finger printing scheduled

4/17/2012 - Interview

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I was smart enough to know this sounded incorrect and refused to sign the agreement for any of the portions aside from the I-129f back in May.....

Honestly the reason I used an attorney to file was because I knew I wouldn't have enough time to prepare everything on my own (which I basically did anyways), and I thought it would look better coming from an attorney. My main concern was being able to get him here. I am thinking that once he is here and we are married and I know he isn't going anywhere.... I will likely file my own AOS and not pay the extra $1500 for her services.


10/20/2011 - Submitted I-129f to CSC

10/22/2011 - CSC Received our packet

10/24/2011 - NOA1

10/28/2011 - Touched

2/23/2012 - 2/28/2012 Trip to Mexico

2/27/2012 - NOA2

3/5/2012 - NVC received our packet

3/6/2012 - NVC forwarded packet to consulate

3/8/2012 - Received by consulate

3/23/2012 - Packet sent by consulate

4/16/2012 - Medical and Finger printing scheduled

4/17/2012 - Interview

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you sound very on the ball.

you really dont need a lawyer for AOS and beyond if you dont have a complicated case.

ditch the under-informed-but-loveable lawyer and save some cash!!


21 oct 08 : i-129F sent / 22 oct 08 : NOA1 / 23 feb 09: NOA2 / 13 mar 09 : rec'd 'packet 3' / 28 mar 09 : rec'd 'packet 4' / 20 apr 09 : interview / 22 apr 09 : passport/visa delivery by courier / 29 apr 09 : POE @ PHL / <3 05 may 09 : married <3 / 06 jul 09 : AOS submitted / 09 jul 09 : NOA for EAD/AP/i-485 / 28 jul 09 : biometrics / 31 aug 09 : AP rec'd / 02 sep 09 : EAD rec'd / 19 oct 09 : conditional green card rec'd

16 jul 11 : i-751 sent to VSC (fedex)

18 jul 11 : fedex confirmed delivery; NOA1 generated

20 jul 11 : NOA1 notice rec'd; check cashed; touch

26 jul 11 : NOA2 generated

28 jul 11 : NOA2 biometrics appt letter rec'd

29 jul 11 : letter req biometrics appt rescheduling sent

09 aug 11 : biometrics appt (could not attend); NOA3 generated

11 aug 11 : NOA3 (rescheduled) biometrics appt letter rec'd

24 aug 11 : biometrics appt

14 oct 11 : conditional green card expiry date

16 nov 11 : filed AR-11 for LPR online

18 nov 11 : mailed i-865 for USC

22 nov 11 : moved house; NOA4 change of address for USC rec'd

13 dec 11 : filed AR-11 for LPR by phone

29 dec 11 : filed hardcopy AR-11 for LPR by mail

18 jan 12 : 6 month mark ROC

05 apr 12 : approval letter rec'd

16 jul 12 : n-400 filing window opens

immediate concerns:

none, immigration-wise.

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We have a GUIDES section here, too - maybe review that, soonish..


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

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I am very familiar with the guides section. Otherwise I might not have been so well informed to have caught this.

I am slightly OCD and organization is my best skill. ;)


10/20/2011 - Submitted I-129f to CSC

10/22/2011 - CSC Received our packet

10/24/2011 - NOA1

10/28/2011 - Touched

2/23/2012 - 2/28/2012 Trip to Mexico

2/27/2012 - NOA2

3/5/2012 - NVC received our packet

3/6/2012 - NVC forwarded packet to consulate

3/8/2012 - Received by consulate

3/23/2012 - Packet sent by consulate

4/16/2012 - Medical and Finger printing scheduled

4/17/2012 - Interview

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Here is the information from USCIS that a K-1 does not need an I-130 to adjust status;

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcf75b836ea73210VgnVCM100000082ca60aRCRD&vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD

Supporting Evidence for the Form I-485

You should submit all of the following evidence and documentation with your application:

  • Two passport-style photos
  • Form G-325A, Biographic Information
  • Copy of your government issued photo identification
  • Copy of your birth certificate
  • Copy of passport page with nonimmigrant visa
  • Copy of passport page with admission (entry) or parole stamp
  • Form I-94, Admission/Departure Record
  • Evidence of your marriage to the U.S. citizen within 90 days (for K-1s)
  • Form I-693, Report of Medical Examination and Vaccination Record, if applicable
  • Form I-864, Affidavit of Support
  • Copy of approved Form I-130 or Form I-797, Notice of Action, if Form I-130 is pending (if K-3 or K-4)
  • Copies of any other approved application or waiver you have had in relation with your application for K status (Approved Form I-129F, Form I-601, Application for Waiver of Excludability, etc.)
  • Applicable filing fees

Note: Those applying based on K-1 or K-2 status will not need a Form I-130 filed on their behalf. However, a K-2 stepchild may have a Form I-130, Immediate Relative Petition, filed on his/her behalf if eligible and necessary to prevent age-out concerns. Read “Other Considerations” below for further information.

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Some lawyer should read VJ Guides… I'm impressed some don't even know the basics stuff. :blink:


K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

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Lawyers are bunch of crooks when it comes to immigration, it makes me sick. no one in the world is so busy that they need to pay a lawyer to prepare this stuff, cause ultimately you are still the one getting the information and evidence together no matter what. The only reason anyone would need a lawyer is if the have a really compicated sketchy case.

Girl, ditch the lawyer before she ripes you off another 1430 dollars extra for your AOS.

We are interviewing with CDJ just a few steps ahead of ya'll message me and I'll walk you through it.


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$1440 between their fees and the USCIS Filling fee for the I-129F

$1270 for the the I-130

$2500 for the AOS

WOW! I'm in the wrong business. So she charges almost $500 per hour, I hope she knows her stuff for that rate...

Her reply, "No. He will need it. The I-130 is the underlying petition and is the basis for the actual green card. Without it, the adjustment of status cannot be approved."

Me "I thought the I-129f was the underlying petition"

Her reply, "No. We will discuss this further upon your visit."

Spoke too soon, she's either and idiot or a crook...

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She sent me a list of fees, before filing stating it would be $1440 between their fees and the USCIS Filling fee for the I-129F, $1270 for the the I-130, and $2500 for the AOS.

Holy crapola on those fees!! Wow... So you're paying her $1500 to have her assistant get the info required for the forms from you, type that info into a form, get you to come in and sign, photocopy the supporting documents (not that many honestly) and mail the package. Okay... It took me less than an hour to fill in the forms, print and photocopy what was required. I wish someone paid ME $1500 for an hours "work" :P don't get me wrong, she'd bring you in for a consultation where she'd explain it all to you, make you think she's really in control of it all and like you're getting your monies worth... Don't be surprised if you find out there are random typos or errors because no-one knows your info better than you do and assistants are human and make errors.

You've been reading all about it, there' guides here, the AOS thread in my signature that tells you what supporting docs are required... you can totally do this yourself and you'll feel really proud of yourself for doing so :) Put that extra fee money in an account and spend it on your honeymoon :D

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