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

[BesosforMexico 13]

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?!!

[nickbits 43]

If you are married within 90 days of entry into the US from a K1, you only file AOS. I do not know the circumstances that would require filing I-130 from a K1.

Edited January 27, 2012 by nickbits

[Harpa Timsah 13,258]

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.

[aaron2020 11,651]

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 January 27, 2012 by aaron2020

[baron555 934]

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.

[BesosforMexico 13]

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.

[BesosforMexico 13]

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.

[mr and mrs 187]

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!!

[Darnell 8,478]

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

[BesosforMexico 13]

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.

[aaron2020 11,651]

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.

[didopage 337]

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

[AllisonandAlex 0]

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.

[Deputy Purple 1,294]

$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...

[VanessaTony 3,567]

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" 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