Second time on J1 got proposed to - please help i love him i don't want to make a mistake

[debbiedoo 2,339]

if i were you id file directly for AOS. you did not come here with the intent to adjust status and stay. you have proof (and more time to gather more) of bonafide relationship and marriage.

 

unless you want to go back home to tie up loose ends and file wither a CR1 or K1. timelines for both are very similar, and if you consider doing that, the CR1 is generally speaking the better option.

[TM92 527]

19 hours ago, whyIsloveHard said:

We don't want to waste one more second being apart but we don't want to risk making a wrong move with all these procedures so please give me advice and as fast as possible.

As other users have said, you can marry now and then AOS. If total financial cost is not an issue, then you can disregard the rest of this post. Chances are that cost-wise, CR-1 might be cheaper than AOS. The government fees for AOS is $560 more: CR-1 ($535 I-130 Fee+$445 NVC Fee+$220 USCIS Immigrant Fee) AOS ($535 I-130 Fee+$1140 I-485 Fee+$85 Biometrics Fee). CR-1 medical costs vary by country ($60-$300 range), but AOS Civil Surgeon (average) costs easily surpass that. If you already paid for a non-refundable plane ticket to leave the US, that would be money lost; but with the CR-1 you would need to buy a plane ticket to the US.

Edited November 14, 2018 by TM92

[TM92 527]

@whyIsloveHard: FYI, USCIS now accepts credit cards for the I-130, I-485, etc.: https://www.uscis.gov/news/news-releases/uscis-expands-credit-card-payment-option-fees Thus, an easy way to get credit card rewards, for applicable credit card programs.

[whyIsloveHard 0]

Thank you guy so much! This advice means the world to me! 

Any opinions on using lawyers or web paperwork services like Boundless? 
@TM92

Just want to be 1000% sure that it would be done right.
I know a lot of people did it alone but i'm sure i read somewhere that they don't do as much RFE as before, just denying before allowing you to correct the mistake or send more evidence.  

[debbiedoo 2,339]

2 hours ago, whyIsloveHard said:

Thank you guy so much! This advice means the world to me! 

Any opinions on using lawyers or web paperwork services like Boundless? 
@TM92

Just want to be 1000% sure that it would be done right.
I know a lot of people did it alone but i'm sure i read somewhere that they don't do as much RFE as before, just denying before allowing you to correct the mistake or send more evidence.  

dont think you need an attorney.

 

just have the information for your previous visits and the j2. youd have to dig that up for the attorney anyways

[geowrian 22,335]

Nothing you noted suggests a need for an attorney or service. Follow the guide on VJ, read the forms and their instructions, and ask questions. If you still aren't comfortable, then look at outside assistance.

The process and its result will be your sole responsibilities, not that of an agency or attorney.

[Diane and Chris 651]

You can marry and AOS from here. Just remember, you cannot leave while undergoing the process this way. You should not need an attorney. Research, research, and research!  Read the guides, use the USCIS site and ask questions here. And, last, but not least, congratulations to the two of you!  We are happy for you!  

[USC4SPOUSE 506]

I would take into account how fast or slow your Field Office is. Had we known neforehand how slow the Minneapolis Field Office is, we would have opted for CR-1/Consular processing. 

Something else to consider is that consular officers may not deny an immigrant visa on the basis of discretion. A consular officer must issue an immigrant visa to an individual who is otherwise eligible. They may only refuse it based on factual/hard evidence. So there's that. 

 

Realize that by choosing AOS, you may be putting your life on hold for a while. EADs take 4 to 6 months these days for c9 category. 

 

I personally would choose consular processing and then place a request for expedited processing with compelling reasons. I would enlist the help of a Senator to assist with the request to expedite. 

 

All the best,

 

USC4SPOUSE

Edited November 15, 2018 by USC4SPOUSE

[geowrian 22,335]

7 hours ago, USC4SPOUSE said:

Something else to consider is that consular officers may not deny an immigrant visa on the basis of discretion. A consular officer must issue an immigrant visa to an individual who is otherwise eligible. They may only refuse it based on factual/hard evidence. So there's that. 

Well, yes and no. They can't arbitrarily deny a visa to somebody that is eligible. But in determining eligibility, there are several core items that are completely in their discretion (if it is a bona fide marriage, public charge concern, etc.).

 

7 hours ago, USC4SPOUSE said:

place a request for expedited processing with compelling reasons.

I saw nothing in the OP's posts related to reasons for an expedite...?

[mushroomspore 3,043]

11 hours ago, USC4SPOUSE said:

I would take into account how fast or slow your Field Office is. Had we known neforehand how slow the Minneapolis Field Office is, we would have opted for CR-1/Consular processing. 

Something else to consider is that consular officers may not deny an immigrant visa on the basis of discretion. A consular officer must issue an immigrant visa to an individual who is otherwise eligible. They may only refuse it based on factual/hard evidence. So there's that. 

 

Realize that by choosing AOS, you may be putting your life on hold for a while. EADs take 4 to 6 months these days for c9 category. 

 

I personally would choose consular processing and then place a request for expedited processing with compelling reasons. I would enlist the help of a Senator to assist with the request to expedite. 

 

All the best,

 

USC4SPOUSE

Lol wut?? OP has no basis for expedite. With consular processing, I'd argue her life would be on hold anyways but in a slightly different manner. She'd be separated from her loved one for a while. Between that and simply waiting for EAD/AP while being with her loved one, it's completely understandable that she'd rather do AoS since it is a perfectly legal path for her.

Edited November 15, 2018 by mushroomspore

[USC4SPOUSE 506]

9 minutes ago, mushroomspore said:

Lol wut?? OP has no basis for expedite. With consular processing, I'd argue her life would be on hold anyways but in a slightly different manner. She'd be separated from her loved one for a while. Between that and simply waiting for EAD/AP while being with her loved one, it's completely understandable that she'd rather do AoS since it is a perfectly legal path for her.

So you disagree with me? That's fine. Tell OP your opinion. You don't have to share it with me. OP asked for thoughts on AOS vs. Consular processing and I pitched in. 

Just because OP did not specifically state "I may have a reason to expedite", that does not mean that OP does not have a reason to expedite. I am just giving her a full picture of the options. And that is OK.

[USC4SPOUSE 506]

3 hours ago, geowrian said:

Well, yes and no. They can't arbitrarily deny a visa to somebody that is eligible. But in determining eligibility, there are several core items that are completely in their discretion (if it is a bona fide marriage, public charge concern, etc.).

 

I saw nothing in the OP's posts related to reasons for an expedite...?

Thank you for expanding on that. 

Yes, but OP may not know that's an option. I thought I'd share. 

[whyIsloveHard 0]

On 11/15/2018 at 2:56 AM, geowrian said:

Nothing you noted suggests a need for an attorney or service. Follow the guide on VJ, read the forms and their instructions, and ask questions. If you still aren't comfortable, then look at outside assistance.

The process and its result will be your sole responsibilities, not that of an agency or attorney.

My fiancee (USC) has been arrested for having on him a small dose of amphetamine drugs
I din't think anything of it because i only found the drug problem for the beneficiary being an issue (i am clean as a whistle)...
Do you think this would be a problem?

[geowrian 22,335]

11 minutes ago, whyIsloveHard said:

My fiancee (USC) has been arrested for having on him a small dose of amphetamine drugs
I din't think anything of it because i only found the drug problem for the beneficiary being an issue (i am clean as a whistle)...
Do you think this would be a problem?

Shouldn't be an issue...possession is not a crime that prohibits petitioning a family member for a green card.

Edit: Although you should know the details just in case they ask anyway.

Edited November 17, 2018 by geowrian