To hire an Immigration attorney or not for filing AOS

[MikeandLyn 0]

Has anyone here hired an immigration atty for filing AOS after marriage?

is it worth the penny to hire someone? Will that speed up the process? Ive been thinking filing AOS is more complicated than that of filing the k1 application..

TIA

[1voice1life 11]

Hiring an attorney does not speed up the process and I would not recommened to hire one unless you have some free cash. People are so helpful on this website and you will be able to find any answer for your question you might have during the process. Good luck

[Cheryl-Hossein 25]

Maybe it's just me, but I thought the AOS paperwork was much simpler and less subjective than the K-1 package.

[Greenbaum 12,260]

MikeandLyn, on 07 Sept 2014 - 03:17 AM, said:

Has anyone here hired an immigration atty for filing AOS after marriage?

is it worth the penny to hire someone? Will that speed up the process? Ive been thinking filing AOS is more complicated than that of filing the k1 application..

TIA

There is no need to hire an attorney to do your AOS. All the documentation is contained in the cover letter below. Gather and complete each point, read the AOS section on VJ. This was our cover letter with documents and we passed with no interview or RFE's.

RE: I-485, Application to Adjust Status (K1 visa)

Applicant: Last name, First Name Middle Name

A-205-XXX-XXX

Gentleman/Madam:

Attached is my I-485 Application to Adjust Status from a K1 fiancée visa. (Include the following if you are filing AOS for any K2’s) Included in this mailing are I-485 application packets for my children, First Middle and Last name (list all children who you will be adjusting their status with this packet).

Included in the documentation are:

1. Check for $1,070 (include the appropriate amount based on your application)
2. I-693 medical exam report in sealed envelope
3. Passport-style photos for my husband and I
4. I-485, Petition
5. G-325, Biographic Information, forms for myself and my two children
6. Copy of the I-797 Approval Notice of Action for my I-129F petition
7. Copies of my K1 visa, I-94 and Philippines passport data page
8. Copies of both of our birth certificates
9. Copy of our Certificate of Marriage
10. Copy of my husband’s Dissolution Decree from a prior marriage(s)
11. Copy of the death certificate from other former wife of my husband (only needed if a prior marriage ended in the death of a spouse)
12. Copies of my Certificate of Finality and Decision to terminate my former marriage
13. My husband’s I-864, employer letter, 2013, 2012 and 2011 tax returns, W-2 forms, SS form (this is schedule of payments from social security if your husband is receiving SS benefits) and pay stubs
14. I-765, Application for Employment Authorization, with supporting documents
15. I-131, Application for travel Document with supporting documents

Thank you for your kind attention to this application.

Respectfully,

XXXXX XXXXX XXXX

[Hank_ 9,174]

Has anyone here hired an immigration atty for filing AOS after marriage?

is it worth the penny to hire someone? Will that speed up the process? Ive been thinking filing AOS is more complicated than that of filing the k1 application..

TIA

AOS is simple to file, complete a few forms, included the required evidence... done. You would have to do most of this even if you hired an attorney.

http://www.visajourney.com/content/k1k3aos

[clairegie 265]

AOS is easier than K1.

Lawyers doesn't make it faster.

If your case isn't complicated, best do it yourself.

[MikeandLyn 0]

Hey hi all thanks for encouragement.. I've got RFE cause the tax income of petitioner isn't enough so he had to find a job that will meet the poverty level. If we got married, will the pay slip be enough and letter of employment and that of ITR to send on filing AOS?

Also where do we get to find a civil surgeon? I checked the I-693 form and there really is a part of civil surgeon to fill up there. I have no issues with my medical exam though. Btw we are on Milwaukee Wisconsin

[JAYANN & JAY 11]

Has anyone here hired an immigration atty for filing AOS after marriage?

is it worth the penny to hire someone? Will that speed up the process? Ive been thinking filing AOS is more complicated than that of filing the k1 application..

TIA

No need to hire an attorney. If you were able to file the K1 visa all by yourself, the AOS process is much easier process. Just follow the advice of others in this site and you will do just fine. If you are not sure of something ask questions here and there are a lot of people who have gone through the AOS process who are very helpful. Filed the K1 & AOS without an attorney just by the help of the people on this site Save your money for something else like maybe a vacation

[Caryh 5,206]

Hey hi all thanks for encouragement.. I've got RFE cause the tax income of petitioner isn't enough so he had to find a job that will meet the poverty level. If we got married, will the pay slip be enough and letter of employment and that of ITR to send on filing AOS?

Also where do we get to find a civil surgeon? I checked the I-693 form and there really is a part of civil surgeon to fill up there. I have no issues with my medical exam though. Btw we are on Milwaukee Wisconsin

I noticed you NOA2 was last year. Your medical may be expiring. They've changed the rules on the medical, it must be current, within 12 months, when they adjudicate your AOS. Its no longer the rule to be current when your apply to AOS.

link to find civil surgeons

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

BTW I'm a bit confused, first you were asking about needing a lawyer and now you're saying you have an RFE?

Edited September 9, 2014 by Caryh

[Hank_ 9,174]

I noticed you NOA2 was last year. Your medical may be expiring. They've changed the rules on the medical, it must be current, within 12 months, when they adjudicate your AOS. Its no longer the rule to be current when your apply to AOS.

link to find civil surgeons

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

BTW I'm a bit confused, first you were asking about needing a lawyer and now you're saying you have an RFE?

Where did you see that the medical has to be within a year of when adjudicated? The instructions only state a medical within the past year.

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

[Caryh 5,206]

Where did you see that the medical has to be within a year of when adjudicated? The instructions only state a medical within the past year.

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

A couple folks were having a big discussion about a month or so back on VJ. To tell the truth, it doesn't seem right to me, as you're not in control of how long they take to adjudicate the AOS. But the instructions don't give details other than within 12 months. To me that would still mean until filing.

Edited September 10, 2014 by Caryh

[Hank_ 9,174]

A couple folks were having a big discussion about a month or so back on VJ.

For sure I would not use that as a source of advice... hearsay is just gossip. I find a fair number on VJ use hearsay as fact to perpetuate BS.

Edited September 10, 2014 by Hank_

[Caryh 5,206]

For sure I would not use that as a source of advice... hearsay is just gossip. I find a fair number on VJ use hearsay as fact to perpetuate BS.

They were actually quoting links to changes in the manual. And I am aware of some proposed immigration laws that would limit how long you have to file to AOS as a K-1. I think there's a push to stop the loop hole that allows people to wait as long as they want to file.

[Hank_ 9,174]

They were actually quoting links to changes in the manual. And I am aware of some proposed immigration laws that would limit how long you have to file to AOS as a K-1. I think there's a push to stop the loop hole that allows people to wait as long as they want to file.

A link to facts is worthwhile. Proposed "stuff" is just hearsay... until. But until then there is not a 12 month limitation as you stated.

[Caryh 5,206]

A link to facts is worthwhile. Proposed "stuff" is just hearsay... until. But until then there is not a 12 month limitation as you stated.

Of course there's a limitation on the medical validity. Although you're likely right its based on when you file, not when its adjudicated. Was trying to find the medical requirements in the field manual, but that part appears to be currently redacted.

Section 7 of the instructions discusses the medical and it needing to be within the past year or 12 months.

If you are a K-1 Fiance(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiance(e) visa, you only need to submit a vaccination supplement, not the entire medical report.