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

[JCUSN 0]

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.

[Penguin_ie 5,984]

*** 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.

[JCUSN 0]

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!

[iaia 8]

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

[GrayL 47]

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!

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!

Edited October 19, 2012 by GrayL

[Adam_747 6]

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.

[epsonderby 85]

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...

[Timon 26]

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

[rjm_cmyk 75]

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.

[Penguin_ie 5,984]

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.

[rjm_cmyk 75]

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.

[JCUSN 0]

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:/

[VanessaTony 3,567]

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.

[ValerieA 350]

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.

[ValerieA 350]

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.