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

[mr and mrs 187]

you can totally do this yourself and you'll feel really proud of yourself for doing so

yep. the feeling of accomplishment is pretty great. in a process that is sometimes really hard to make sense of (no one at USCIS to speak to, long periods of no information, cryptic status updates, etc), being involved makes you feel as though you have a modicum of control.

edit: why is my font so small? huf.

Edited January 28, 2012 by mr and mrs

[VanessaTony 3,567]

yep. the feeling of accomplishment is pretty great. in a process that is sometimes really hard to make sense of (no one at USCIS to speak to, long periods of no information, cryptic status updates, etc), being involved makes you feel as though you have a modicum of control.

edit: why is my font so small? huf.

Small? You enlarged it so the "edit" is normal sized and the rest is bigger. Could be you "ctrl+scrolled" while your cursor was in the posting box reducing it's size.. done that a few times :S

[bste3 0]

Those prices are highway robbery. Give me that money and I will do it for you lol.

[BesosforMexico 13]

I mean I did the packet myself basically. I gave them photocopies of everything, and it was already organized into exhibits and ready to go. Basically I was worried about filing myself because my fiance was previously married... they were seperated for about a year and a half when we met.... but he didn't have the money for a divorce and he never really needed it. After we had been together for about a year I paid for the divorce so we could start the visa. The divorce was finished around may last year, and we filed in october.... but I just didn't feel comfortable with the overlap in time where he was married and we were dating. I know it doesn't matter and it shouldn't appear fishy but I just wanted to make sure I made every investment into his visa that I could to ensure it wouldn't get denied and have to start over. I love him so much, and money isn't an issue for me.... time is. I'm too impatient to deal with a longer wait time than we need. I just want to be with him.

[tazzie 6]

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

LOL I fit the dunce cap - DON'T USE A LAWYER they rip you off !!!!!!!!!!!!!!!!!

We used a lawyer for the first part, we don't plan to use a lawyer for AOS. As you guys has indicated its pretty easy just a bit of work. good luck everyone.

[payxibka 10,044]

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.

Arrive on a K-1 and DO NOT marry withing 90 days would then and only then require an I-130 to finish the immigration process to PR

[Olomi_811 130]

Unless you have some other issues like criminal history or previous fraudulent visa activity, I'd say forget the lawyer and if you are disfortunate to have this find another attorney. This process is expensive enough without someone misguiding you. If you can't trust her now do you really trust her to file the petitions timely without it costing more time down the road for personal gain. I'd meet her for kicks and giggles, but she couldn't get a dime from me.

Edited January 28, 2012 by Olomi_811

[KayDeeCee 4,891]

I mean I did the packet myself basically. I gave them photocopies of everything, and it was already organized into exhibits and ready to go. Basically I was worried about filing myself because my fiance was previously married... they were seperated for about a year and a half when we met.... but he didn't have the money for a divorce and he never really needed it. After we had been together for about a year I paid for the divorce so we could start the visa. The divorce was finished around may last year, and we filed in october.... but I just didn't feel comfortable with the overlap in time where he was married and we were dating. I know it doesn't matter and it shouldn't appear fishy but I just wanted to make sure I made every investment into his visa that I could to ensure it wouldn't get denied and have to start over. I love him so much, and money isn't an issue for me.... time is. I'm too impatient to deal with a longer wait time than we need. I just want to be with him.

Yeah, just dump the lawyer and file for AOS yourself. It will only cost you a total of $1070 for the I-485, I-131 and I-765. The guides are easy to follow and there really isn't all that much you need to send off with the forms for AOS. Your lawyer needs to study immigration law and the form instructions more, or stop offering immigration services. She charges WAY too much not to even know which forms need to be filed.

[Orando 57]

I agree 100%, take a pass on the lawyer unless you have a complicated situation. This VJ.com is great, the questions people have that I have read here, it would be a shame to pay a lawyer thousands of dollars to answer them and fill in the answer on the paperwork.

I have an Aunt who was in deportation proceedings, she lawyered up, the lawyer found a loop-hole in the law, a notoriously tough immigration Judge was having a good day, and now my Aunt is a legal permanent resident. It was worth the thousands of dollars she paid to the Attorney, north of $15,000 in her case, and she did not regret one penny of the money she spent.

[BesosforMexico 13]

Our situation isn't complicated, I guess I was just nervous to do it on my own since I have never been involved in a Visa process. So between those nerves and also my impatience, I thought it would make the process more seamless. Also I wanted to have a lawyer involved because they receive all of the paperwork at the same time I do, and his address in Mexico is unreliable and he often doesn't get his mail. I guess I was just a newbie and a little worried. Now that the 129 is submitted I will be completing the rest by myself, I just wanted to confirm that I was correct in thinking the I-130 was NOT needed.

Believe me if I had gone with her and then when my I-130 would ultimately get rejected (as its not needed), I would have sued for malpractice.

[Harpa Timsah 13,258]

Believe me if I had gone with her and then when my I-130 would ultimately get rejected (as its not needed), I would have sued for malpractice.

Oh, it wouldn't get rejected. They would take your money and process an extraneous form, and probably delay your case for the confusion.

[Nigerian Queen 16]

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.

i...agree

[newlyweds2010 208]

Those prices are highway robbery. Give me that money and I will do it for you lol.

Those prices are not a robbery, if given to a competent lawyer. Immigration law is a field in which you won't find big differences among lawyers. You don't want to hire an attorney to fill out your papers? That's good, many of us have done so, mostly successfully. Some are too lazy, or too cautious, to do the legwork themselves. You want somebody to do the work for you: you pay. Otherwise you do it yourself. What makes me really mad is receiving blatantly incompetent advice from a lawyer (which can constitute malpractice according to the applicable state bar rules, by the way).

[Gary and Alla 3,694]

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?!!

K-1s do not need an I-130. They use only the I-485 to adjust status. I would keep this lawyer as a friend but keep them arms length from anything important.

I agree 100%, take a pass on the lawyer unless you have a complicated situation. This VJ.com is great, the questions people have that I have read here, it would be a shame to pay a lawyer thousands of dollars to answer them and fill in the answer on the paperwork.

I have an Aunt who was in deportation proceedings, she lawyered up, the lawyer found a loop-hole in the law, a notoriously tough immigration Judge was having a good day, and now my Aunt is a legal permanent resident. It was worth the thousands of dollars she paid to the Attorney, north of $15,000 in her case, and she did not regret one penny of the money she spent.

Pass on THIS lawyer, particularly if you have a complicated situation.

[God fearing 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?!!

Your fiance is not an Alien relative I-130 and has already been petitioned on I-129F as fiance; therefore once she crosses POE you have 90 days to marry and start AOS which consists of the following:

I-485 AOS mandatory

I-864 Affidavit of support

I-765 employment auth (optional but free when completed w/I- 485)

I-131 travel document (optional but free when completed w/I- 485)

Cost of $1,070 for AOS (includes biometric fee).

Save your money and do it yourself!

Hope this helps