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Lawyer isn't helping...can anyone here give some guidance?

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Filed: Country: United Kingdom
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My wife came to visit me from the UK back in June, on the visa waiver program. She was only my GIRLFRIEND when she came to visit.

As the time for her to leave came closer, I decided to ask her to marry me. She said yes:)

We called an immigration attorney because we didn't know about the immigration process for my new wife. The lawyer advised for her stay here in the US with me, as long as we were officially married before her 90 expiration. We were married a week before her 90-day expiration time.

Since then, we have been collecting countless documents, so that we can send her application in. I've got Vonage phone records, Skype messages/screenshots, pictures of she and I with my family, pictures from our wedding, certified copies of divorce decree from previous marriage, certified copies of previous marriage license, certified copies of my wife and I's marriage license, and countless other information validating the authenticity of our marriage. I've got letters from our roommate that lives with us, as well as letters from both sets of parents...and so on.

My lawyer seems to never reply to my emails, and when they do, it's to threaten us that they will start charging for time if we keep emailing or calling them. I've already paid them a couple thousand dollars. This is getting ridiculous. My wife is sitting here, still unable to work or even get a driver's license, and we just want to submit her paperwork to immigration and quit waiting around.

Should I just drop the attorney and submit everything myself? I feel this attorney is FANTASTIC at their job, but just isn't the best on the business side of things. Was my attorney wrong in saying to go ahead and get married, and have my wife stay and we can submit the paperwork ever after her 90-day expiration?

Please help...I'm just stressed about it all, and I want to get the ball rolling.

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Filed: Citizen (apr) Country: Ireland
Timeline

*** Moving from AOS from Family visa to AOS from Tourist visa ****

Your attorney wasn't wrong. As long as your now-wife had no intention of staying when she entered, getting married on the spur of the moment and staying is ok. However, AOS needs to be filed asap, as she is now in overstay and that can cause problems. Plus, even after you/ the lawyer files it will take a couple of months to get EAD/AP, allowing her to travel and work.

Has the attorney actually filed yet? If not, what have you paid them for? Why do you think they are fantastic?

Most people here file themselves, as this is a DIY site. Our guide tells you most you need to know: http://www.visajourney.com/content/i130guide2 and then you can ask questions here.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Country: United Kingdom
Timeline

The lawyer has not filed the documents yet, and I honestly do not know why. It blows my mind. It seems like there is SUCH a slow turn-around time with anything I email over to them, or call them about. No idea what I'm paying them for, to be honest.

I'm happy to hear that the attorney was not wrong, however. VERY happy to hear that. Will the fact that she is currently in overstay make her application be reviewed negatively?

Thanks for your replies!

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Filed: AOS (pnd) Country: Argentina
Timeline

Not really, but you should file ASAP. Follow the guides here and send everything. Dump the lawyer if you want to, most people here didn't used one and got everything approved

Good luck


Day 0 08/21/2012 Sent I-130, I-485, I-765 and I-131

Day 1 Received the next day via UPS

Day 6 08/27/2012 email and text for all 4

Day 10 08/31/12 NOA1 for all 4 and Biometric appointment for 09/21

Day 18 09/08/12 REF on I-485, waiting for the letter

Day 31 09/21/12 Biometrics done

Day 34 09/24/12 RFE hard copy for I-864

Day 51 10/11/12 RFE Response sent (about 30 days behind)

Day 55 10/15/12 RFE response review

Day 64 10/24/12 Online status changed to EAD/AP Card production

Day 72 11/01/12 EAD/AP Card arrived!!

Day 73 11/02/12 Interview SMS for December 3rd

Day 76 11/05/12 Applied for SSN and HARD COPY of Interview

Day 104 12/03/12 INTERVIEW DAY!!! 9 am Chicago, IL

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Wow, I didn't realize you could do that! I was under the impression that the VISA waiver program exclusively meant you couldn't stay no matter what! Kinda defeats the purpose of the K-1 in a way, thanks for the heads up Penguin! innocent.gif

Good to know. And like penguin said, I would use this site as a resource, there are literally thousands of people eager and willing to help, no need to pay $1000's on an attourney.

The very very best of luck to you! good.gif

Edited by GrayL

___________________________________________________________________________________
My name is Gray and I'm originally from Perth, Western Australia, my wife Bry is from Montana.
We met in June 2010, got engaged in November 2010, and married in January 2012!
We are now living together in Montana.


Timeline:

- NATURALIZATION, N400 -

07/04/2015: Applicable for Naturalization

For my full K-1/AOS/AP/EA/ROC process see my timeline here: http://goo.gl/AyNVBd
Check out my Flickr Page here: http://goo.gl/Yx4THU

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Filed: K-1 Visa Country: Netherlands
Timeline

I would dump the lawyer and file everything myself. You have already spent so much time and effort in collecting all the required documents... are going to pay a lawyer to simply fill in forms for you while you can read & speak English?

My wife came to visit me from the UK back in June, on the visa waiver program. She was only my GIRLFRIEND when she came to visit.

As the time for her to leave came closer, I decided to ask her to marry me. She said yes:)

We called an immigration attorney because we didn't know about the immigration process for my new wife. The lawyer advised for her stay here in the US with me, as long as we were officially married before her 90 expiration. We were married a week before her 90-day expiration time.

Since then, we have been collecting countless documents, so that we can send her application in. I've got Vonage phone records, Skype messages/screenshots, pictures of she and I with my family, pictures from our wedding, certified copies of divorce decree from previous marriage, certified copies of previous marriage license, certified copies of my wife and I's marriage license, and countless other information validating the authenticity of our marriage. I've got letters from our roommate that lives with us, as well as letters from both sets of parents...and so on.

My lawyer seems to never reply to my emails, and when they do, it's to threaten us that they will start charging for time if we keep emailing or calling them. I've already paid them a couple thousand dollars. This is getting ridiculous. My wife is sitting here, still unable to work or even get a driver's license, and we just want to submit her paperwork to immigration and quit waiting around.

Should I just drop the attorney and submit everything myself? I feel this attorney is FANTASTIC at their job, but just isn't the best on the business side of things. Was my attorney wrong in saying to go ahead and get married, and have my wife stay and we can submit the paperwork ever after her 90-day expiration?

Please help...I'm just stressed about it all, and I want to get the ball rolling.

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I would echo the voices already here and say dump the lawyer, get what money you can back and do it yourself.

I have filed the paperwork having come to the US on the VWP as a British Citizen (I wasn't living in the UK at the time though) and found it really easy to do once I'd found the guide here and asked a few questions.

The guide I used: Guide for adjusting whilst in the US

Not had any real issues yet; no RFE or anything yet. Just waiting on my interview date...


11/29/12 - AOS Interview in Atlanta - 10 minutes long and approved on the spot.

ROC in 2014!

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Filed: AOS (apr) Country: Dominica
Timeline

Dump the lawyer and do it yourself. You'll get more help on here than that damn lawyer is giving. As long as your totally honest with us on here and give the full story so we understand clearly what the circumstances surrounding your case is, helping you will be easy. Good luck


Married: 24th February

Adjusting from B2 Visa

Concurrent filing I130, I485 and I765:

Day 0.... 08/06/12- Package mailed to Chicago Lockbok via FedEx ground

Day 2.... 08/08/12- Package delivered and signed for

Day 4.... 08/10/12- Received Email and text confirmation

Day 8.... 08/14/12- Check cleared

Day11... 08/17/12- I797C, NOA biometric appt received. Scheduled date 08/31/12 @ 12:00

Day16....08/22/12- Biometric appt completed.... Early walk-in less than 15 minutes

Day16....08/22/12- Received NOA hard copies in the mail for I-130, I-485, I-765

Day38....09/13/12- Received text notification for interview. Scheduled date 10/18/10

Day40....09/15/12- Received hard copy for interview. Scheduled 10/18/12 @ 12:45 Holtsville NY

Day61....10/06/12- Received text notification about EAD card production

Day66....10/11/12- Received 2nd and 3rd text notification about EAD card in production

Day67....10/12/12- Received notification card was picked up by USPS

Day70....10/15/12- Received EAD card in the mail. I'm loving it

Day72....10/17/12- Went to SS Office to apply for card

Day73....10/18/12- Interview day!!!! Approved

Day77....10/22/12- Received approval letters for I-130 and I-485. Got SS card

Day78....10/23/12- Got 2 text msgs about card production

Day79....10/24/12- Green card mailed

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I'm finding this a bit confusing. If you can enter on a VWP , get married and then just not return and file for a AOS and presumably green card , why would you not. Why bother going through the K1 process ? I am missing something here.


Richard

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Filed: Citizen (apr) Country: Ireland
Timeline

I'm finding this a bit confusing. If you can enter on a VWP , get married and then just not return and file for a AOS and presumably green card , why would you not. Why bother going through the K1 process ? I am missing something here.

Because it is visa fraud to plan on doing so. If you use the VWP with the INTENT of immigrating, that is fraud. If you come on the visa waiver, then things happen/ circumstances change and you feel you cannot leave, you can file for AOS. Of course, there is no appeal if you get denied.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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The cynical side of me wonders how anyone would enter on a VWP and end up getting married without having pre-planned it but hey ho I guess these things do happen to some people.

Me I'd be completely put off by the last line. Get married and then get rejected with no appeal. I'm just not that compulsive so I guess it's back to the "certainty" of sorts of the K1 process.


Richard

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Filed: Country: United Kingdom
Timeline

Thank you all SO MUCH for your replies. I've totally wasted thousands on this worthless attorney. I can't believe it.

Now I'm just worried about that "no appeal" thing. I can't imagine them saying no and forcing us to be apart from each other for our whole lives:/

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Filed: Citizen (apr) Country: Australia
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Thank you all SO MUCH for your replies. I've totally wasted thousands on this worthless attorney. I can't believe it.

Now I'm just worried about that "no appeal" thing. I can't imagine them saying no and forcing us to be apart from each other for our whole lives:/

You wouldn't need to be apart your whole lives. She would jut have to return to her home country and apply for a visa there. Of course having been denied it would be a bit harder but it's possible.

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It is only a very slim chance you would be denied. I agree with everyone else, lose the lawyer, they've already scammed you. We paid a lawyer about $2k to file all the forms for us - because I had a DUI and was worried that might be an issue. In the end, I should have done it myself, lawyer just slowed everything down. In fact, I had to tell her about the change in the K3 visa. Your lawyer can't be that great, or they would have said to apply for AOS within the 90 days, not just get married.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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You wouldn't need to be apart your whole lives. She would jut have to return to her home country and apply for a visa there. Of course having been denied it would be a bit harder but it's possible.

I am thinking a little slow today - why would an AOS denial make getting a CR-1 harder? The overstay (I think) is not over 180 days yet, so that's not an issue.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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