Do i still need to get attorney for 485 interview if my I-130 has been approved

[Littlewish 0]

HI guys:

last year my attorney told me to file I-130 and I-485 separately because if my 130 got denied and the 485 will be denied also, and i have to pay almost 1000 USD to reapply my 485 again, and couple months ago my I-130 has been approved, and I filed I-485 2 months ago, now waiting for Interview, I have a friend who's working in a law office as assistant told me once I-130 approved(which means our marriage is bona fide) then the I-485 interview will be easy to pass, takes like 10-15 mins for some regular questions

,im just thinking do i need to hire an attorney to go with me, DO I NEED TO? coz i dont wanna waste money to hire if the 485 interview is easy to pass as my friend told me, im just a little poor and sad man, really really sad. DO I NEED TO ??????? DO I HAVE TO??????????? DO I?????? PLEASE HELPPPPPPPP THX SO MUCH GUYS!

Edited December 17, 2012 by Littlewish

[Hypnos 6,576]

You should bear in mind that not everyone who has an approved I-130 is eligible for adjustment of status. You must have entered legally, and unless you are filing as an immediate relative of a US citizen, you must have maintained a lawful nonimmigrant status for the entirety of your time in the US.

With an approved I-130 it will likely make your I-485 easier, but it's no guarantee of success.

You don't have to hire a lawyer to attend the interview. In fact, unless you have significant red flags (and you don't mention this one way or the other) then there is not much a lawyer can do for you during an interview. It would depend upon the totality of your circumstances as to whether it would be a good idea to hire one or not.

[Penguin_ie 5,994]

A I-130 is an approved petition. It does not mean your AOS is approved, or your marriage was found as bonafide, that will be up to the interviewing officer.

No lawyer is needed unless you have significant red flags.

[Harpa Timsah 13,258]

They can revoke the approval of your I-130 at any time. The final say is left to the interviewer - the petition was approved that allows you to proceed. it does not mean your marriage was found bona fide. They can and will still ask you about your marriage at the interview.

This is a DIY site, so most people do the whole thing without a lawyer. We don't know anything about your case, though.

Edited December 17, 2012 by Harpa Timsah

[Littlewish 0]

They can revoke the approval of your I-130 at any time. The final say is left to the interviewer - the petition was approved that allows you to proceed. it does not mean your marriage was found bona fide. They can and will still ask you about your marriage at the interview.

This is a DIY site, so most people do the whole thing without a lawyer. We don't know anything about your case, though.

CIS dont have this authority to revoke my I-130, coz my I-130 is not approved by CIS, first time my I-130 got denied by CIS coz they didnt believe our marriage is bona fine, and we appeared to BOA with so many evidence including my wife's dad's affidavit who is a US special force commander also as an representative of SF association, after we appeared then our 130 got approved in 1 month, i think it got approved right away if plus the mailing days.

so for my next interview CIS not gonna check our marriage again i think.

[Littlewish 0]

You should bear in mind that not everyone who has an approved I-130 is eligible for adjustment of status. You must have entered legally, and unless you are filing as an immediate relative of a US citizen, you must have maintained a lawful nonimmigrant status for the entirety of your time in the US.

With an approved I-130 it will likely make your I-485 easier, but it's no guarantee of success.

You don't have to hire a lawyer to attend the interview. In fact, unless you have significant red flags (and you don't mention this one way or the other) then there is not much a lawyer can do for you during an interview. It would depend upon the totality of your circumstances as to whether it would be a good idea to hire one or not.

ya i enter US as F1 student, no criminal records my wife also, everything's clean thank you for your help, im just wounding to hire attorney or not, coz i dont wanna waste much more money on it.

Edited December 17, 2012 by Littlewish

[Littlewish 0]

First of all, congratulations on your I-130 approval. I have never heard of people filing I-130 and I-485 separately but definitely you can file one earlier than another. But you should be prepared in case the immigration officer ask you the reason not to file those forms at the same time. Was it because you were not so confident in the whole application? Saving money is never a mistake but being less confident can be sensed right away and it can only make people feel somewhat sensitive in dealing your case. Just be prepared in case of that question asked during the interview.

Second, as long as your beneficiary of I-485 is of true relationship, be it the spouse or close relative, there is no point to hire an attorney. However, if you don't know how to prepare for the documents, it can be another topic.

When you talked that you are a little poor and sad man, you can collect all the required documents on your own as long as you have faith and hold belief in yourself.

Just start working on the papers, be it financial likewise, be it assisting proof, and a good collection of evidence will give you more courage.

thank you so much, the reason why i file 130 485 separately is 130 must be approved before 485, even if i file them together if my 130 cant get approved and my 485 is not gonna work, dont wanna pay 1000 USD again, im so poor. this is what my attorney told me, i really dont know, and my I-130 got 2 approved letter couple months ago, and also i checked it on CIS web it said my case got approved and it has been transfered to National Visa Center

[Hypnos 6,576]

Your I-130 can certainly be revoked, do not think that it cannot.

The IO would need to have a good reason but it has certainly happened before and no doubt will again.

[Littlewish 0]

Your I-130 can certainly be revoked, do not think that it cannot.

The IO would need to have a good reason but it has certainly happened before and no doubt will again.

haha , my attorney told me if the I-130 got approved by BOA,(which got higher jurisdiction than CIS) CIS can also appeal for this decision, but generally speaking, they not gonna do that appeal with BOA, coz they got so many cases everyday, they will be busy haha, and they really need a break.

and also my attorney told me if this time i got approved i will get 10 years greencard, coz my marriage is over 3 years, if marriage is over 2 years before the interview, then the greencard will be 10 years without conditional, its the law.

Edited December 17, 2012 by Littlewish

[Harpa Timsah 13,258]

Okay, if you have already been to immigration court for a fraud marriage, then definitely bring your attorney for I-485.

[Penguin_ie 5,994]

haha , my attorney told me if the I-130 got approved by BOA,(which got higher jurisdiction than CIS) CIS can also appeal for this decision, but generally speaking, they not gonna do that appeal with BOA, coz they got so many cases everyday, they will be busy haha, and they really need a break.

and also my attorney told me if this time i got approved i will get 10 years greencard, coz my marriage is over 3 years, if marriage is over 2 years before the interview, then the greencard will be 10 years without conditional, its the law.

OK the fact that they already suspect your marriage to be fraud changes things, definitely bring the attorney.

Your lawyer is correct, you wil get a ten year greencard if approved.

[w8inglongtime 29]

Congratulations on your approval of the I-130. Here's where your case gets a bit dicey. Since they denied your application the first because they suspected fraud, they will be going over your I-485 with a microscope so a lawyer may come in handy. However you absolutely have no "RED FLAGS" then save your money and skip the attorney. What's the attorney going to say different from what you have told him/her. Good luck.

[Littlewish 0]

OK the fact that they already suspect your marriage to be fraud changes things, definitely bring the attorney.

Your lawyer is correct, you wil get a ten year greencard if approved.

thank you for helping! i think i'd better get an attorney to go interview with me, it will be safer, at the beginning they denied my I-130 application due to they suspect the marriage is not bona fide, and i got request for evidence letter, and finally got denied, but we appealed and we got approved, thats what my case going from last to current, and now i file adjust of status (485) for my greencard, and i check my status on CIS web it shows within 30 days i will receive interview letter, coz my fingerprint check has been done on Nov 26th.

[bigdog 376]

Good Luck.

[Littlewish 0]

Congratulations on your approval of the I-130. Here's where your case gets a bit dicey. Since they denied your application the first because they suspected fraud, they will be going over your I-485 with a microscope so a lawyer may come in handy. However you absolutely have no "RED FLAGS" then save your money and skip the attorney. What's the attorney going to say different from what you have told him/her. Good luck.

LOL thx for helping , they review my 485 with microscope, so funny, its just a green card application, its not tons of diamond in front of them, they dont need to identify careful as you mention i think, but anyway, i will get an attorney, better and safer. for me everything's clean no criminal records, and my wife is from a US military family, everything's clean too, i dont think they have any excuses to deny my case since my I-130 got approved.