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

[God fearing 13]

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

You should start a side business...you are very informative and helpful on here

[Gary and Alla 3,694]

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

Minor correction. You have 90 days to MARRY. You can start the AOS process any time after that. There is no deadline for the AOS.

Edited January 28, 2012 by Gary and Alla

[KayDeeCee 4,891]

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.

The only thing that would get sent to your fiance in Mexico is the invitation letter he needs for the interview in Juarez after the petition is approved and your case is received at the consulate there. The Mexican mail system is #######, and a lot of people do not ever get their letter at their Mexican address. The good news with that is the letter is also sent to the petitioner in the US, and that letter works just as well as the one sent to the beneficiary. The letter would have come to you, and no need for it to go to a lawyer.

I had never been involved in an immigration situation before either, but I managed to handle it just fine on my own. I think doing the AOS part yourself is a good choice. Saves you money and you have full control over what gets sent and when.

[Stephen + Elisha 92]

Minor correction. You have 90 days to MARRY. You can start the AOS process any time after that. There is no deadline for the AOS.

That's true enough, but it's a good idea to file for AOS as soon as possible after the marriage so you can obtain proof of legal presence beyond the 90-day I-94 expiration date.

Edited January 29, 2012 by Stephen + Elisha

[God fearing 13]

Minor correction. You have 90 days to MARRY. You can start the AOS process any time after that. There is no deadline for the AOS.

Why would I want to advise someone to start the process out of status or direct them to potential be in a situation where they could end up out of status???!!! Thats not my style when providing advice to someone who is novice to the process.

[God fearing 13]

That's true enough, but it's a good idea to file for AOS as soon as possible after the marriage so you can obtain proof of legal presence beyond the 90-day I-94 expiration date.

Much agreed!!! Now thats proper advice...

[BesosforMexico 13]

The only thing that would get sent to your fiance in Mexico is the invitation letter he needs for the interview in Juarez after the petition is approved and your case is received at the consulate there. The Mexican mail system is #######, and a lot of people do not ever get their letter at their Mexican address. The good news with that is the letter is also sent to the petitioner in the US, and that letter works just as well as the one sent to the beneficiary. The letter would have come to you, and no need for it to go to a lawyer.

I had never been involved in an immigration situation before either, but I managed to handle it just fine on my own. I think doing the AOS part yourself is a good choice. Saves you money and you have full control over what gets sent and when.

What about the packet of stuff to be completed before the interview and the packet for medical? they don't get sent to him directly via mail service?

[Darnell 8,478]

Why would I want to advise someone to start the process out of status or direct them to potential be in a situation where they could end up out of status???!!! Thats not my style when providing advice to someone who is novice to the process.

Well, many people give advice based on whats in 9Fam.

Are you one of them, or no ?

[KayDeeCee 4,891]

What about the packet of stuff to be completed before the interview and the packet for medical? they don't get sent to him directly via mail service?

No, the letter points their website where you can find all the info and forms. There are no actual 'packets' with Juarez. There is nothing to send back before the interview. All the forms will be filled out and then you take them with you to the interview.

Forms: http://ciudadjuarez.usconsulate.gov/fianceforms.html

Instructions: http://photos.state.gov/libraries/ciudadjuarez/231771/PDFs/K1%20PACKET%20COMPLETE%20_July2011%20UPDATES_.pdf

[BesosforMexico 13]

No, the letter points their website where you can find all the info and forms. There are no actual 'packets' with Juarez. There is nothing to send back before the interview. All the forms will be filled out and then you take them with you to the interview.

Forms: http://ciudadjuarez.usconsulate.gov/fianceforms.html

Instructions: http://photos.state.gov/libraries/ciudadjuarez/231771/PDFs/K1%20PACKET%20COMPLETE%20_July2011%20UPDATES_.pdf

These are the questions I have asked my lawyer several times and gotten responses like, "It varies based on embassy." And then I reply, "so then can't you figure out which embassy our case will go through." And then gotten responses like "Only the NVC can determine that".....

Which Juarez is obviously the only place it could be.

DONE with the lawyer.

My MOST helpful stuff has been from this site

[KayDeeCee 4,891]

These are the questions I have asked my lawyer several times and gotten responses like, "It varies based on embassy." And then I reply, "so then can't you figure out which embassy our case will go through." And then gotten responses like "Only the NVC can determine that".....

Which Juarez is obviously the only place it could be.

DONE with the lawyer.

My MOST helpful stuff has been from this site

Wow. Your fiance is in Mexico, and only one consulate in Mexico handles the fiance(e) and spousal visas. That is Juarez.

I think you will do fine on your own. This site is great for asking questions if you get stuck on anything. Good luck!

[LexandAra 4]

Fire your lawyer.

[LexandAra 4]

I was thinking of hiring a lawyer when i started my process, but i cant trust anyone with handling something so important, a minor mishap can change my life. I am doing it alone, and i go over my paperwork 10 times. Anf in the process i have informed myself well enough that i dont need a lawyer.

But from what am reading about your lawyer it seems he or she is incompetent and filing an erroneous form can get your fiance deported and could complicate their status.