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Posted (edited)

Hello everyone my friend is looking for advice and lawyers want to charge her 10k+ to file what I think should be an easy thing to do, but am looking for advice here!

 

 

My friend is 19 years old turns 20 September 18.

Her mom has been married to a USC for two years. They married before she was 18.

They both entered the country on a b2 and overstayed.

What would be the process for her to get LPR can she file with her mothers petition since she’s under 21? Does she have to wait until her mom is approved and then file? They’re from Brasil.

 

So they would have to file two petitions both containing the following:

Documents Relating to I-130, Petition for Alien Relative

  1. Form G-1145 to request notification

  2. I-130 Petition for Alien Relative

  3. Form I-130A

  4. Check for filing fee

  5. Petitioner Birth Certificate front

  6. Petitioner Passport page

  7. Beneficiary foreign passport

  8. Beneficiary Birth certificate in original language

  9. Beneficiary Birth certificate with English translation

  10. Passports style pictures for both with name on back

  11. Supporting documents showing bona fide marriage -----

EXCEPT HERE for my friend who would just need a marriage certificate to show it happened before she turned 18?

a. Copy of Marriage Certificate b. Apartment lease agreement c. Health insurance under petitioner d. Joint Financials e. Proof of Beneficiary as beneficiary on retirement accounts f. Three letters of support from friends with licenses g. Pictures of couple together with friends and family

Documents Relating to I-485, Application to Adjust Status or Register Permanent Residence

  1. Form G-1145 to request notification

  2. Form I-485, Application to Adjust status or Register Permanent Residence

  3. Copy of Beneficiary’s passport with entry stamp

  4. Copy of Beneficiary’s U.S. Visa, reflecting entry as a tourist

  5. Copy of Form I-94

  6. Copy of Beneficiary’s Birth Certificate in Portuguese

  7. Copy of Beneficiary’s Birth Certificate in English

  8. Check for filing and biometrics fee

  9. Form I-864

  10. Petitioner tax return transcripts last three years

  11. Petitioners social security card

  12. Petitioners pay stubs dating six months

  13. Two passport style photos

  14. Copy of beneficiary’s passport

Documents Relating to I-765, Application for Employment Authorization

  1. Form G-1145 to request notification

  2. Form I-765 Application for Employment Authorization

  3. Two passport style photographs taken November 2020

  4. Copy of I-94

  5. Copy of Marriage certificate

  6. Copy of Passport Page

  7. Copy of Passport Page with U.S. Visa

  8. Copy of Entry stamps

  9. Form G-1145 to request notification

  10. Form I-131 Application for Travel Document

  11. Reasoning for Advanced Parole

  12. Two Passport style photographs

  13. Copy of passport page

  14. Copy of U.S. Visa

  15. Copy of entry stamps

  16. Copy of form I-94

Edited by kaka8miranda
Filed: Citizen (apr) Country: Kenya
Timeline
Posted (edited)

Looks like he can petition both. Go ahead. Use same guide that's at the top of the page. 

 

When did they come in and when did they marry, approximately?

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Posted
33 minutes ago, Timona said:

Looks like he can petition both. Go ahead. Use same guide that's at the top of the page. 

 

When did they come in and when did they marry, approximately?

That’s what I thought, but how does she show proof of relationship? 
 

Her mothers marriage certificate and her birth certificate? 
 

Not exactly sure would have to ask

25 minutes ago, ROK2USA said:

Two separate i130s two i485s. 

Thank you and I’m assuming two separate 765 for employment authorization? 

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Moved from Brining Family Members of US Citizens to America forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Posted

I'd expect scrutiny.

 

Mom and teen daughter come to the US on a B visa, and mom just happens to meet someone to marry, and now wants them both to adjust?

Posted
3 minutes ago, Jorgedig said:

I'd expect scrutiny.

 

Mom and teen daughter come to the US on a B visa, and mom just happens to meet someone to marry, and now wants them both to adjust?

I mean they met here. Mom, daughter and ex husband come to usa on B visa ex husband moves back and mom moves on.

 

Should have included that as well in OG post

Posted (edited)
3 hours ago, kaka8miranda said:

I mean they met here. Mom, daughter and ex husband come to usa on B visa ex husband moves back and mom moves on.

 

Should have included that as well in OG post

That…. Actually makes it worse. I’d expect scrutiny as well. 

Edited by powerpuff

 

 

Posted
1 hour ago, kaka8miranda said:

Thanks - everyone I’ll make sure to pass the information along. 
 

is there more scrutiny on the mom or the daughter? 

Both, their actions were the same (tourist visa + overstayed + adjust status) and in any case the daughter petition is based on the marriage of the mom, so it's not like one is different than the other. 10k does seems high for the case, unless maybe that already included the form fees? But yeah, lawyer up

event.png

 

N-400 3 year marriage based (IOE)

Jan 22, 2024 - Submitted online 

Jan 22, 2024 - Biometrics waived

Mar 6, 2024 - Interview scheduled for Apr 11 COMBO I-751/N-400

Apr 11, 2024 - Combo interview - approved N-400

May 1, 2024 - Approved ROC, received 10 GC on May 20.

May 7, 2024 - Oath scheduled for June 14 (requested later ceremony at interview)

June 14, 2024 - Special Flag Day Oath ceremony - I'm a citizen!!!

 

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
11 hours ago, kaka8miranda said:

lawyers want to charge her 10k+ to file what I think should be an easy thing to do, but am looking for advice here!

 

6 minutes ago, jackiegringa said:

. 10k does seems high for the case

Lawyer: “So you are a divorcee with a child under age 21: do you have your originals of: marriage certificate, final divorce decree, your birth certificate, your child’s birth certificate?”

 

Outcome A:

 

Mom: “yes”

 

Lawyer (thinking to himself  “it is unusual for someone traveling on a B visa to carry such critical documents. I expect problems overcoming suspicion of immigration intent. I better charge a high flat fee”

 

Lawyer (out loud): “$10,000”

 

Outcome B:

 

Mom: “no”

 

Lawyer (thinking to himself): “Arrrgh. Getting these documents from the foreign civil authority is going to be ugly. I better charge a high flat fee”

 

Lawyer (out loud): “$10,000”

Posted
8 minutes ago, Mike E said:

 

Lawyer: “So you are a divorcee with a child under age 21: do you have your originals of: marriage certificate, final divorce decree, your birth certificate, your child’s birth certificate?”

 

Outcome A:

 

Mom: “yes”

 

Lawyer (thinking to himself  “it is unusual for someone traveling on a B visa to carry such critical documents. I expect problems overcoming suspicion of immigration intent. I better charge a high flat fee”

 

Lawyer (out loud): “$10,000”

 

Outcome B:

 

Mom: “no”

 

Lawyer (thinking to himself): “Arrrgh. Getting these documents from the foreign civil authority is going to be ugly. I better charge a high flat fee”

 

Lawyer (out loud): “$10,000”

They divorced in the states after ~4 years of overstaying. 
 

But thank you very much 

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)
11 hours ago, Timona said:

When did they come in

This was not (sort of) answered until your reply to my explanation for why the fee is high.

13 minutes ago, kaka8miranda said:

They divorced in the states after ~4 years of overstaying.

The details keep changing. So they have the U.S. divorce decree. That just creates more suspicion. $10K is a bargain.

Quote

But thank you very much

I infer dismissal. Happy to oblige. I am out.

Edited by Mike E
Filed: K-1 Visa Country: Wales
Timeline
Posted

$10k for both is not out of the ordinary and this is not ordinary.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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