Jump to content
craig21123

Ready to begin AOS but do I need a layer?

27 posts in this topic

Recommended Posts

Hello everyone! 

 

Based on my last post myself and soon to be wife are ready to get married and begin the AOS process on ESTA but the big questions is do we need a lawyer? We have spoken to a few and most are quoting around $4,000 + filing fees! Whilst this is completely affordable for us we'd rather not fork out thousands of dollars if it's just as easy for us to do ourselves, especially as we are having a baby . 

 

Are there any guides on this site or any others that explain the process in more detail? 

 

If any of you have successfully AOS on ESTA without a lawyer can you please share your experience?

Share this post


Link to post
Share on other sites

Haha no, you don't need any lawyer.

 

We did it all ourselves, took a few days to gather everything and fill out the forms, but no issues.

 

Follow the guides here on VJ: https://www.visajourney.com/content/i130guide2


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifgiphy.gif     

 

Share this post


Link to post
Share on other sites
8 minutes ago, craig21123 said:

Hello everyone! 

 

Based on my last post myself and soon to be wife are ready to get married and begin the AOS process on ESTA but the big questions is do we need a lawyer? We have spoken to a few and most are quoting around $4,000 + filing fees! Whilst this is completely affordable for us we'd rather not fork out thousands of dollars if it's just as easy for us to do ourselves, especially as we are having a baby . 

 

Are there any guides on this site or any others that explain the process in more detail? 

 

If any of you have successfully AOS on ESTA without a lawyer can you please share your experience?

I know how you feel, that was how we felt when we first started the k1 process but honestly once you start reading and looking at the forms, it becomes very easy. Especially AOS, EAD and AP dont need a lot of extra documents which makes it a lot easier than the k1 stuff.

So just as the other two suggested, read the guides, read the threads and if you have any questions, ask! People here are very kind and patient.

Share this post


Link to post
Share on other sites
2 minutes ago, Toastbear said:

I know how you feel, that was how we felt when we first started the k1 process but honestly once you start reading and looking at the forms, it becomes very easy. Especially AOS, EAD and AP dont need a lot of extra documents which makes it a lot easier than the k1 stuff.

So just as the other two suggested, read the guides, read the threads and if you have any questions, ask! People here are very kind and patient.

Thank you! 

 

Most are fairly helpful on here, bar the occasional sarcastic comment like above! 

Share this post


Link to post
Share on other sites
Posted (edited)
1 minute ago, craig21123 said:

Thank you Ben & Zian I will check this out. 

 

Main thing, don't over think the questions on the forms. Most people do and panic. It's pretty straight forward stuff.

 

Also, before even having to post a question, you can search the search bar up top right corner and search for threads pertaining to your question and probably can find the answer or just other good information.'

 

Haha, and that's just Roel, very blunt and straight forward but good advice.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifgiphy.gif     

 

Share this post


Link to post
Share on other sites
2 minutes ago, craig21123 said:

Also, how long should we wait from the point of entry before marrying and filing? Everything on Google seems to say something different! 

 

There is no specific time frame. Some always pull out this "90 day" law/rule, but there is no such thing. 


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifgiphy.gif     

 

Share this post


Link to post
Share on other sites
50 minutes ago, craig21123 said:

Hello everyone! 

 

Based on my last post myself and soon to be wife are ready to get married and begin the AOS process on ESTA but the big questions is do we need a lawyer? We have spoken to a few and most are quoting around $4,000 + filing fees! Whilst this is completely affordable for us we'd rather not fork out thousands of dollars if it's just as easy for us to do ourselves, especially as we are having a baby . 

 

Are there any guides on this site or any others that explain the process in more detail? 

 

If any of you have successfully AOS on ESTA without a lawyer can you please share your experience?

 

We did an AOS on Etsa. But we were already married. It was a fairly straightforward process, there are plenty of guides around. It is not worth hiring a lawyer at all. 


Currently in process of applying for Citizenship

 

Applied online via USCIS website - 11/28/2018

Notice for Bio-metrics - 12/1/2018

Bio-metrics Appointment  - 12/21/2018

Notice for Interview Schedule - 02/04/2019

Interview Scheduled - 03/25/2019

Oath Ceremony - 04/26/2019

 

        "A journey of a thousand miles begins with a single step."

Share this post


Link to post
Share on other sites

**Moved from What Visa Do I Need - Family Based Immigration to Adjustment of Status from Work, Student, & Tourist Visas; topic is AOS from ESTA**


03639.png                  

 🇷🇺  CR-1 via DCF in Moscow* (2016-2017) 🇺🇸 Info about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad (USC + Russian husband) 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions - NBC (Apr-2019-???) 📝 MSC I-751 filers: Track your case here!

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office  

??-???-2019: TBA...

Mar-30-2020: N-400 early filing window opens! 🇺🇸

 

 

Share this post


Link to post
Share on other sites
1 hour ago, craig21123 said:

Hello everyone! 

 

Based on my last post myself and soon to be wife are ready to get married and begin the AOS process on ESTA but the big questions is do we need a lawyer? We have spoken to a few and most are quoting around $4,000 + filing fees! Whilst this is completely affordable for us we'd rather not fork out thousands of dollars if it's just as easy for us to do ourselves, especially as we are having a baby . 

 

Are there any guides on this site or any others that explain the process in more detail? 

 

If any of you have successfully AOS on ESTA without a lawyer can you please share your experience?

Please correct me if I'm wrong, but your wife (or you, not sure who is the USC in this story) entered the US on an ESTA with the intent to marry and adjust status? In that case you're committing immigration fraud, since an ESTA is to visit for a max of 90 days, not to get around the I-129F or I-130 process. 

 

If you/she entered with the intent to leave and you ended up getting married, than no, you don't need a lawyer. It's a pretty DYI process.

I didn't read all 7 pages of your last post btw.

Share this post


Link to post
Share on other sites
2 hours ago, C90 said:

Please correct me if I'm wrong, but your wife (or you, not sure who is the USC in this story) entered the US on an ESTA with the intent to marry and adjust status? In that case you're committing immigration fraud, since an ESTA is to visit for a max of 90 days, not to get around the I-129F or I-130 process. 

 

If you/she entered with the intent to leave and you ended up getting married, than no, you don't need a lawyer. It's a pretty DYI process.

I didn't read all 7 pages of your last post btw.

This^^^^

 

@craig21123  Your last thread was Jan 22nd where you stated you were set to depart on Jan 9th but found out she was pregnant. Members outlined the 2 possible paths- K or CR. You repeatedly stated you did not overstay- so I am assuming you left the US and have since returned under ESTA. Because you were very aware of the 2 paths on Jan 22nd it is very hard to believe you returned on ESTA in late March and it was not your intention to bypass the 129f or 130 process. 

 

Visajourney has a very strict policy on fraud and assisting with fraud. Before I ask for the thread to be closed accordingly I am going to wait for you to respond and perhaps clarify things, however I dont really see anyway you can justify coming back on ESTA to marry and stay- which it seems you are doing. Correct me if Im wrong.

Share this post


Link to post
Share on other sites
4 hours ago, craig21123 said:

Hello everyone! 

 

Based on my last post myself and soon to be wife are ready to get married and begin the AOS process on ESTA but the big questions is do we need a lawyer? We have spoken to a few and most are quoting around $4,000 + filing fees! Whilst this is completely affordable for us we'd rather not fork out thousands of dollars if it's just as easy for us to do ourselves, especially as we are having a baby . 

 

Are there any guides on this site or any others that explain the process in more detail? 

 

If any of you have successfully AOS on ESTA without a lawyer can you please share your experience?

Don't bother with a lawyer, it's a total waste of time and money.

For the record, you cannot enter the US with intent to marry on an ESTA. That is immigration fraud and will be treated seriously. You should take the K1 route to marry in the US, or CR1 if you are already married. 

 

There are a ####### ton of guides on how to do that on VJ, just use the search. My now wife and I did this whole process using the K1 approach ourselves with no lawyer. We just use VJ for help where we needed, and did our research.

Share this post


Link to post
Share on other sites
2 hours ago, username_taken said:

This^^^^

 

@craig21123  Your last thread was Jan 22nd where you stated you were set to depart on Jan 9th but found out she was pregnant. Members outlined the 2 possible paths- K or CR. You repeatedly stated you did not overstay- so I am assuming you left the US and have since returned under ESTA. Because you were very aware of the 2 paths on Jan 22nd it is very hard to believe you returned on ESTA in late March and it was not your intention to bypass the 129f or 130 process. 

 

Visajourney has a very strict policy on fraud and assisting with fraud. Before I ask for the thread to be closed accordingly I am going to wait for you to respond and perhaps clarify things, however I dont really see anyway you can justify coming back on ESTA to marry and stay- which it seems you are doing. Correct me if Im wrong.

Completely agree. And besides the VJ policy, if USCIS finds out that any visa and/or status was obtained via an illegal way (and they find out a lot) they have the right to revoke the status and start the removal process + a ban to the US. This can happen even after citizenship is already obtained.

 

Do it the legal way or don't do it (or at least don't talk about it on a website where everyone endured a long, long wait to retrieve their visa/status the legal way)

Share this post


Link to post
Share on other sites

You definitely cannot adjust from ESTA if your intent was to adjust before you came into America (or your fiance) that is indeed fraud. As for needing a lawyer it isn't necessary, just study up on how to do everything. 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×