Wrong application

[narayan333 0]

Hello, so my wife came in k-1 visa to USA and we got married and all. We filled for work permit and green card together but while doing that my lawyer filed for I-130 no idea why. Will that application make my process for work permit and green card slow? If so how do I withdrawal that application? My lawyer isn’t helpful at all. I need some help… will uscis see that she is already in USA and void the application? Because I’ve already gotten a letter saying they have received the papers… I am confuse on what to do. Someone with some expertise help me 

[JeanneAdil 7,054]

It was the proper form to file and lawyer should have fully explained this

 

Form I-130, Petition for Alien Relative, is the first step to apply for adjustment of status for a K-1 visa holder and apply for a Green Card. Adjustment of status is a process that allows people in the United States to apply for permanent resident status without returning to their home country for visa processing

[Lil bear 4,505]

@narayan333

Adjusting from a  K1 only requires an I130 if the marriage did not take place within the 90 following entry using  the K1.  Please give us your timeline of entry date and marriage 

[SL2024 293]

Did you get married within the 90 days?

[narayan333 0]

Yes I know that and I told the lawyer that we got married and everything within 90. But when he filled for work permit and green card  not sure why he applied for that aswell when that isn’t required. 

[OldUser 9,713]

32 minutes ago, narayan333 said:

Yes I know that and I told the lawyer that we got married and everything within 90. But when he filled for work permit and green card  not sure why he applied for that aswell when that isn’t required. 

Either incompetent (red flag) or wants to make money (red flag)

[wildbug100420 274]

1 hour ago, narayan333 said:

Hello, so my wife came in k-1 visa to USA and we got married and all. We filled for work permit and green card together but while doing that my lawyer filed for I-130 no idea why. Will that application make my process for work permit and green card slow? If so how do I withdrawal that application? My lawyer isn’t helpful at all. I need some help… will uscis see that she is already in USA and void the application? Because I’ve already gotten a letter saying they have received the papers… I am confuse on what to do. Someone with some expertise help me 

You sure it's a real attorney?

[Neonred 3,892]

Did the attorney charge you for it and did you have to pay the fee?

[Edward and Jaycel 1,854]

2 hours ago, JeanneAdil said:

It was the proper form to file and lawyer should have fully explained this

 

 

This is only needs to be filed in a K-1 Visa to AOS case if the couple did NOT marry within the 90 day validity of the K-1 visa. If they married within th 90 days. this form is not required. @narayan333 did you get married within the 90 day validity of the K-1 visa? Did you attorney file any other forms or just the I-130?

[smilingstone 538]

3 hours ago, JeanneAdil said:

It was the proper form to file and lawyer should have fully explained this

 

Form I-130, Petition for Alien Relative, is the first step to apply for adjustment of status for a K-1 visa holder and apply for a Green Card. Adjustment of status is a process that allows people in the United States to apply for permanent resident status without returning to their home country for visa processing

 

Not correct in OPs case. K1s who marry within the 90 days in the US file I-485.

[Boiler 47,378]

Is this a real Lawyer

 

Is this a Notario

 

I would be demanding an explanation either way also making sure I was not charged either for the filing or associated fees.

Edited Saturday at 08:26 PM by Boiler

[Crazy Cat 44,331]

6 hours ago, JeanneAdil said:

It was the proper form to file and lawyer should have fully explained this

 

Form I-130, Petition for Alien Relative, is the first step to apply for adjustment of status for a K-1 visa holder and apply for a Green Card. Adjustment of status is a process that allows people in the United States to apply for permanent resident status without returning to their home country for visa processing

This is incorrect under normal circumstances.  This applies ONLY if the couple did not marry within 90 days.

[Cathi 5,844]

9 hours ago, OldUser said:

Either incompetent (red flag) or wants to make money (red flag)

Or both.

[TBoneTX 47,427]

OP, answer the questions.  Consequent to the answers, it seems that you have cause to:

 

A.  Demand a refund for any I-130 application fees plus legal charges for filing it;

B.  Formally report that attorney to your State Bar Association;

C.  Both of the above.

[Daphne . 2,052]

16 hours ago, JeanneAdil said:

It was the proper form to file and lawyer should have fully explained this

 

Form I-130, Petition for Alien Relative, is the first step to apply for adjustment of status for a K-1 visa holder and apply for a Green Card. Adjustment of status is a process that allows people in the United States to apply for permanent resident status without returning to their home country for visa processing

Where did you get this info from? Did anything change because as far as I know the I-130 doesn’t apply if the beneficiary entered on a K1 and the couple married within 90 days.