She said yes, I talked to a lawyer, but do we need one? And other questions!

[Minnesota12345 1]

Hi all, I'm super happy to be joining the ranks of sponsors/beneficiaries in the near future. I have a few questions that y'all might be able to help me out with.

 

Why might we need a lawyer? We both have clean criminal records, no previous marriages or children, and solid finances (though we don't share as of yet - should we for the sake of placating Uncle Sam?)

 

Can we translate our own documents? How do we provide "certification" if we're both fluent in English and Spanish but have no formal translation credentials?

 

She hasn't met my parents because I have no relationship with them.  Is this a problem? I have ample evidence of spending time in Ecuador with her family/friends and any of my friends can attest that she and I are practically inseparable, though we need to take some photos with them  

 

Why is the Minneapolis office so slow? Is there any hope for it speeding up? She's currently in the States, EWI with visitor only intent, I just popped the question and, due to the long processing time, we're considering her sticking around at the recommendation of a friend of mine who is a former EOIR officer after the wedding unless the wait times reduce in the next few months. Is this problematic? Or should I be packing for another Ecuadorian adventure?

 

Edited May 15, 2018 by Minnesota12345

[Roel 7,191]

IF she's already in the US just file AOS for her. It takes about 12 to 14 months and she'll get a green card. She cannot leave US during the process though (only small trips when she receive her travel permit) and her final interview will be in the US. 

 

You don't need a lawyer. 

[Minnesota12345 1]

2 minutes ago, Roel said:

IF she's already in the US just file AOS for her. It takes about 12 to 14 months and she'll get a green card. She cannot leave US during the process though (only small trips when she receive her travel permit) and her final interview will be in the US. 

 

You don't need a lawyer. 

The current USCIS wait time for our local office is the worst in the nation, hence why we're thinking that. Any thoughts on my other remarks?

[John & Rose 7,239]

4 minutes ago, Minnesota12345 said:

Hi all, I'm super happy to be joining the ranks of sponsors/beneficiaries in the near future. I have a few questions that y'all might be able to help me out with.

 

Why might we need a lawyer? We both have clean criminal records, no previous marriages or children, and solid finances (though we don't share as of yet - should we for the sake of placating Uncle Sam?)

 

Can we translate our own documents? How do we provide "certification" if we're both fluent in English and Spanish but have no formal translation credentials?

 

She hasn't met my parents because I have no relationship with them.  Is this a problem? I have ample evidence of spending time in Ecuador with her family/friends and any of my friends can attest that she and I are practically inseparable, though we need to take some photos with them  

 

Why is the Minneapolis office so slow? Is there any hope for it speeding up? She's currently in the States, EWI with visitor only intent, I just popped the question and, due to the long processing time, we're considering her sticking around at the recommendation of a friend of mine who is a former EOIR officer after the wedding unless the wait times reduce in the next few months. Is this problematic? Or should I be packing for another Ecuadorian adventure?

 

You do not NEED a lawyer for this process.  The help you get here will be as or possibly more accurate and they don't charge by the hour here.  You can still get one but in my experience, they tend to make things tougher rather than easier.

 

You can translate the documents and since you can speak to the CO, you should not have a problem.

 

Not knowing parents doesn't matter.  As proof of relationship it is good to have some family photos.

 

Are you already married or getting married?  If you are married the CR-1 is the right choice.  If you aren't married yet, the K-1 is an option.  

[John & Rose 7,239]

1 minute ago, Minnesota12345 said:

The current USCIS wait time for our local office is the worst in the nation, hence why we're thinking that. Any thoughts on my other remarks?

Your local office may not be assigned your case.  At one point ALL K-1 petitions went through California no matter where you live. I am just starting the CR-1 process after making it unsuccessfully through the entire K-1 process so I have some experience on the other side of things.

[Minnesota12345 1]

2 minutes ago, John & Rose said:

Your local office may not be assigned your case.  At one point ALL K-1 petitions went through California no matter where you live. I am just starting the CR-1 process after making it unsuccessfully through the entire K-1 process so I have some experience on the other side of things.

Oh man, best of luck to you. This is nerve wrecking for me already. I love my fiance and just want our family to be united.

[Minnesota12345 1]

5 minutes ago, John & Rose said:

You do not NEED a lawyer for this process.  The help you get here will be as or possibly more accurate and they don't charge by the hour here.  You can still get one but in my experience, they tend to make things tougher rather than easier.

 

You can translate the documents and since you can speak to the CO, you should not have a problem.

 

Not knowing parents doesn't matter.  As proof of relationship it is good to have some family photos.

 

Are you already married or getting married?  If you are married the CR-1 is the right choice.  If you aren't married yet, the K-1 is an option.  

The K1 is an option, but then she has to adjust status and that's a longer time until she is able to work. We WILL be filing marriage paperwork in the USA before her departure/decision to stay, however, it sucks because she doesn't have that much with her. Time for a trip to Forever 21?

[John & Rose 7,239]

1 minute ago, Minnesota12345 said:

Oh man, best of luck to you. This is nerve wrecking for me already. I love my fiance and just want our family to be united.

It is certainly not what we thought we would be doing now but we are both focused on family and not the journey.  It is very important to keep those things separate.  Don't let the journey impact your relationship.  Be strong and be VERY patient.

[Roel 7,191]

If she doesn't have anything going in her country, then just adjust now.. IF you send paperwork now the wait for the work permit is just about 3 to 5 months. 

[Minnesota12345 1]

1 minute ago, Roel said:

If she doesn't have anything going in her country, then just adjust now.. IF you send paperwork now the wait for the work permit is just about 3 to 5 months. 

Our lawyer said we have to wait 90 days from her entry at minimum, so we're thinking of allowing 4 months to allot just to be safe. That said, that would be a good thing for us, for sure.

[Roel 7,191]

There is no 90 day rule, just so you know. 

[Minnesota12345 1]

2 minutes ago, Roel said:

There is no 90 day rule, just so you know. 

We definitely want to avoid presumption of misrepresentation: https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/DOS_Expands_Presumption_of_Misrepresentation_Rule_to_90_Days/

 

Our intentions were good and honest but as this is already a scary process to jump right into, we'd like to take the coming weeks to just read while we let this arbitrary time period pass.

Edited May 15, 2018 by Minnesota12345

[blk 87]

12 minutes ago, Minnesota12345 said:

We definitely want to avoid presumption of misrepresentation: https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/DOS_Expands_Presumption_of_Misrepresentation_Rule_to_90_Days/

 

Our intentions were good and honest but as this is already a scary process to jump right into, we'd like to take the coming weeks to just read while we let this arbitrary time period pass.

Hi,

As said before the 90 day rule does not apply as she is already here, the intent was addressed at the POE when she was admitted into the USA, so if you want to you can get married asap & do the AOS as soon as you have your documentation together.

So no need to wait for 90 days to start the paperwork.

 

Brian 

[pushbrk 12,296]

7 hours ago, John & Rose said:

Your local office may not be assigned your case.  At one point ALL K-1 petitions went through California no matter where you live. I am just starting the CR-1 process after making it unsuccessfully through the entire K-1 process so I have some experience on the other side of things.

At no point did all K1 petitions go through California.  There was a time half did.  There was also a time about 40% of adjustment of status from K1 cases went to California.  

 

I'm seeing some indication now that the National Benefits Center in Lee's Summit, MO is fully processing some concurrently filed, AOS cases without using local offices but not 100% certain of that yet.

 

Since was here as a visitor and your accepted proposal has changed her intentions, there is no reason not to file the I-130, I-485, I-765, and I-131 concurrently, ....UNLESS....she has a personal need to leave the US sometime between NOW, getting married, filing the forms, PLUS three or four months.

 

If you file those forms and she leaves too, soon, you will fail and need to start over with a visa process instead.  Start with the appropriate Guide here on VJ.

 

The process discussed about DOES NOT take 12 to 14 months.  To completion and green card, it's possible to take that long but expect advance parole and work authorization in three to four months from filing.

Edited May 15, 2018 by pushbrk

[pushbrk 12,296]

7 hours ago, Roel said:

You don't need a lawyer. 

Unless you are a qualified, licensed, family based Immigration attorney ALREADY fully aware of ALL the person's circumstances, you have NO BUSINESS telling somebody they don't need a lawyer, AND to do so is a violation of the VJ terms of service.