Not sure where to begin

[jmacfadyen 0]

My husband came to the US in 2005 on a tourist visa. Last November, we were finally able to get married (long story, but I had trouble getting a divorce from my ex and it took that long to finally get him to sign). We have a 3 year old daughter together and he has practically raised my son who is now almost 11. We would like to adjust his status. I am trying to decide at this point whether we will need an attorney, if this is something we can do ourselves or if a service like rapidvisa would be a good solution.

I am inclined to pay a little extra for a service for the simple fact that being able to concentrate on paperwork with a very loud and rambunctious 3 year old is not particularly easy and I would like to make sure this is done correctly. Since he's been here so long, do you think we should go ahead and spend the money on an attorney? I'd rather not if we don't have to, but will if necessary.

I really want to get this process rolling before the "immigration reform" happens since in our case it looks like that would end up costing us way more money in the end, unless of course all the talk of back taxes means I get a refund for supporting him all these years.

Any advice on where to start or being would be most appreciated.

TIA!

jhm

EDIT: Forgot to mention. I'm a US citizen with ancestors who fought in the American Revolution (not that it really counts for this case).

Edited August 6, 2013 by jmacfadyen

[JohnR! 5,495]

Check out this link, which might very well apply in your case. --> http://www.visajourney.com/content/i130guide2

If you are internet savvy and fluent, chances are you will not need a lawyer.

Good luck!

[Boiler 47,254]

I'm a US citizen with ancestors who fought in the American Revolution (not that it really counts for this case).

Which side?

[jmacfadyen 0]

Father's side, but I'm pretty sure my mother's side may have been pre-Revolution, too, or at least very close to it.

[dewy39 2]

I am in the process of filing for my AOS two weeks ago and is the same situation as your spouse with an overstay visa. I thought of hiring an attorney also but after printing out the forms, I realize it is pretty straight forward. I followed http://www.visajourney.com/content/i130guide2

I sent all the forms necessary, ie. I-130, I-485 (they have a section in there to adjust your kids also) , I-765 etc all in one package via express mail. It was received in a day and I have Notice of Action in hand. Just received an appointment for biometrics next week. I would save some money hiring a lawyer and fill them out yourself. Just make sure you sent all necessary paperwork etc. I paid about $1600.00 as oppose to probably $4000.00 having a lawyer fill them out for you. Good luck!

[Ryan H 3,873]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[discoverusa 315]

Just follow instructions on VJ and instruction on each form. Send extra evidence even if they don't ask for it. Send everything that you think is relevant and then bring the same thing to the interview plus whatever else you got after filing. Make sure he has his I-94 and visa in passport to prove legal entry (submit copy of both, bring originals to interview). Do not apply for advance parole since he can not travel until he gets his green card. If he does travel, it will be the END, they will not let him back in plus the ban will be applied. So make sure he stays here until it's all over. Even if you apply (for I-131) it will be unwise to use it in this situation.

Child together is a very strong evidence. If he didn't have any criminal issue he should be fine without the lawyer provided you follow directions very closely. Another usefull website I would recommend id avvo.com.

Good luck. You have a strong case.

[olsan3 8]

You have no need for a lawyer..

It is pretty straightforward. just follow the instructions and you should be fine. If you have any questions, search on here for answers as someone probably has had that very same issue. If thats not the case, ask a question. The people on here will be very happy to help.

You could print three versions to fill out. two for you and one to keep your three year old busy

[h13rma 35]

You shouldn't need a lawyer, its just a question of getting all your ducks in a row. My wife and I did it by just sitting down every time we had got everything we thought was required and double checking, we nearly missed the medical, but eventually we had everything required, sent it off. One RFE as ESTA was my entry didn't realise I needed to insert photocopy of my POE stamp. Not worth the lawyers fees.

[gogojourney 1]

I'm in the process now,and even though my mother and sister went through the process themselves when she got her AOS started nearly a decade ago, my wife is insistent that we get a lawyer because we don't like the risk of us missing anything in the process. Yes, it's costing us almost $3000 to do it that way,and we are by no means financially well off in any way, but I think having the assurance of a team who knows what they're doing in the process helps with this.

I'm seeing a civil surgeon this weekend and seeing our lawyer to finalize the filing next Monday, and are pretty nervous about all this... to the OP, you will do just fine doing this by yourself. The people here at VJ is good at helping out with doing the process...wish I'd knew about this site and these forums before i got married in January, but it's all good...

Best of wishes

[Harpa Timsah 13,259]

99% of the people on this site did it without a lawyer. I did it all on my own before even knowing about VJ. I never even considered getting a lawyer (and no RFE's, by the way). $3000 sounds like highway robbery, and often lawyers make horrible mistakes because they don't care about the process like you do.

If you can read accurately, and interpret literally, then there is no need for a lawyer.

$3000, damn... think of what a nice vacation you could have with that instead...

Edited September 5, 2013 by Harpa Timsah

[olsan3 8]

woow 3k, excluding the 1.5k uscis fees?

shoot. thats some money..

[gogojourney 1]

Actually, it all totaled about $2800, including the USCIS fees and the option to have our attorney appear with us at the interview down the line. I found our attorney through an Avvo search, and she was highly recommended by the clients who have used her and her firm's services before. When we exchanged e-mails initially, she was quick to respond with any questions we had, and after asking about their pricing( including a payment plan they offer which we accepted) and what they will do, we signed up to be her and her firm's client.

We're not financially well off by any means; we chose to retain the services of an attorney for my AOS process because we felt overwhelmed by the process it can take,and my wife's pretty busy as it is with her teaching and office jobs at her university, last thing she wants is to add another pile of papers to worry about. Plus my mother and sister went through this process nearly a decade ago, and they did it thru a non-lawyer...it was fortunate that they got their stuff done with no problem, but my wife and I did not want to take that chance when it comes to my process for this.

We've met with our attorney yesterday in her office to finalize the filing of the I-485 and I-130 document packets and to pay for that and the first part of that payment plan too. She said the packets will be filed by tomorrow and she will keep us updated on the progress of our AOS journey.

So yea, I believe we made the right decision so far in hiring an attorney for the adjustment of status process. Everyone has an opinion about that of course, and certainly if you don't see the need to do the attorney route, then by all means do the process on your own. VJ is a great source for help for all of us immigrants,and I'm grateful to be a member of this site.

[hmh33 117]

8 years is a long time. Has he ever claimed to be a US citizen? Filled out an I-9?