NovaKay

Nope, but seeing as USCIS is a self funding agency (no government money) he $1200 is to pay for the lights, heating/air conditioning, computers, furniture you'll likely sit on, etc. In the long run its a small price to pay for freedom.

What does this have to do with anything?

Relax...and what does freedom have to do with anything? Americans still think we are the only free country when the truth is so many are so much better off.

Let me be clear again, we have NO problem paying, were only concerned about forking over money in a wasteful manner, and then paying it again.

You are dealing with the Government...

We sure are...but I've never been one to just accept it, thus BIG BROTHER has arrived.

You have to pay to play, or move to his country?

I suppose so. I have lived in his country for 4 years...usa time now. You should have to pay to play, but you should'n't have to waste $4000 for someone to consider it. You know it doesn't cost $1200 for someone to "process" a form.

Thank you for your insight, I'll update in a couple months!

You're sort of speaking in circles, you don't want to pay the lawyer fees and such; but by doing so, and getting get their legal counsel will probably lead to not incurring the waste additional money and time; in the instance the case gets denied which is highly the outcome.

If anything I would recommend filing the I-130 and I-485 separate, in your case since you don't want to pay the fees concurrently and upfront for both; filing the I-130 first will only incur the 420 fee and see if that gets approved to then file the I-485 which is over 1k which then will require the medical exam and such....

But you do realize that if the case does progress when you file the Affidavit of Support during the I-485 process, you will have to prove that you can support him which if you can not that in itself can cause your application to be denied!?

It may seem like talking in circles but you essentially just reiterated, it's all taking a chance. Either way you are putting forth the money and taking a chance at losing it.

We hired a lawyer, specializes in immigration & criminal, has saved many from deportation that have done way worse.

By law, they cannot deny the application based on a dui alone, only a dui associated with moral turpitude. If it is denied by a 'box checker' in the immigration office who makes a mistake, an appeal will be filed.

I can support him, the issue of paying filing fees or lawyer fees was only an issue of knowing the outcome. It would be a whole lot of money to waste don't you think? But what was my alternative? Let him get deported...quite the toss up.

You do realize that the immigration fees alone with the medical and such are about 2k right?

Yes, I do. hence my apprehension of filing all of the papers just for them to get denied and then pay all over again after possible probation and/or removal proceedings. The immigration lawyer we consulted with recommended a deportation specialized lawyer as well. OWI court fees & fines, and three lawyers plus filling paperwork? too much.

yes, I have spoken with several lawyers. We can't afford the $2k in lawyer fees for the immigration lawyer, plus the fees for the owi/criminal lawyer plus the form fees.

I have no idea which forms to fill out.

I have consulted with lawyers and everyone is on a different page.

We married 8 months ago and my husband dropped the ball on filing his paperwork. He had a b1/b2 10 years visa, but was granted an i-94 and has now overstayed. He most recently got an owi. That throws a wrench in everything.

First, I was told I-1601A for overstay is no longer necessary.

Also, I was told don't bother with I-485 because he will get denied based on the owi and/or probation associated with the owi.

Third, I was told just file the I-130 alone in order to keep him here and essentially take responsibility for him.

My fear is filing the wrong papers and getting them denied and having to pay all of the fees all over again. I wish I could find someone that understood all of this and was just direct and in order.

I want to know how to file to make him legal and not get deported.

Hi,

The expiration date on his visitor visa is irrelevant. Once he overstayed his I-94, the visitor visa was automatically revoked as a matter of law. He no longer has a B1/B2 visa.

Overstaying becomes irrelevant when he entered legally and is adjusting status based on marriage to a U.S. citizen.

A lawyer can not do anything to help his parents get visitor visas. The lawyer will gladly take their money.

You are amazing, thank you for your clear and concise advice.

I'm guessing the parents were denied for some other reason...sad for my fiance though.

So he hasn't left the USA since?

No, he has not left.

Strike 3. Please do some research before you post. He can absolutely file the I-485 if he overstay because he would have a US citizen spouse and the overstay would be forgiven.

I did alot of research, but when a lawyer tells you to do something else, I have to ask again, right? Also..kind of devastating that his parents cannot see their first born son get married - especially koreans...believe me I am researching.

you case is not as complicated and you are making it to be. Your fiancé is here on a visitors visa that's cool when you guys get marry then you file all the applications exi-130, i-485,I-765 and I-131. And that's it .

yes I agreee! I thought it would be simple - but I think things became confusing when his parents were denied their tourist visa to come to our wedding. And this lawyer is directing me but it didnt make sense...

btw when did he start using his tourist visa?

2006 - B1/2 until 2016

Thanks everyone - he entered with a B1/B2 visa expiring 2016. He still has his i-94 and the departure date has since passed.

During these ten year he was approved a work visa, but has since expired in 2014.

His parents also had this B1/2 10 year visa and wanted to come visit and extend their stay ( theirs was also expiring in 2016) - they were denied extension and the 2016 visa was taken away. So they were very upset they could not attend our wedding. Immigration not only denied them, but cancelled their visa. In an effort to come to the wedding, they hired a lawyer and are getting a second chance interview.

The paperwork just doesn't add up to me...but they've already paid him and the lawyer is in korea. I'm at a loss..I just hope they can come and then I will follow advice/directions on here or through an american lawyer to adjust my soon to be husband status in a month.

Thank you everyone for providing insight!

but he is not a relative yet? Or I am filing for his parents? Even though we are not married yet, so they are not my relatives yet.

My fiance and I are getting married in one month. I am a usa citizen, he is korean. He has been here for about 8 years, entered legally and has a 10 year tourist visa. Currently, his work visa is expired but was stamped after receiving the tourist visa.

The tourist visa still stands until it's expiring date of 2016, right?

Thus, I don't know what paperwork to file.

Currently, his parents are trying to attend the wedding. They hired a lawyer.

The lawyer instructed we file I-130, I-485, and I-601a. I have no idea why, but they don't seem like the right forms. I Know after marriage we will submit these forms, but not before right?

I-130 - petition for alien relative? how can he file when he does not have alien residency yet?

I-601a - unlawful presence? why it is unlawful if he has a current travel visa?

I- Application to register as permanent resident. Can't this only be filed AFTER we are married and have a certificate to prove it? We only have the marriage license.

Any helpful information would be so appreciated!