In the US with K3 - do we need a lawyer's help?

[Jon&Lindsey 0]

If I were the OP, I would file AOS as soon as possible. That way, within 60-90 days you will have permission to seek work, get a SSN and be eligible to apply for a driver's license, and you won't have to be separated from your husband again. You will be able to get on with your married life in the US much quicker than going back home and applying all over again (though yes, the CR1 is better than the K3, but it's too late now!). Yes an AOS interview is stressful, but you have little to fear if you are in a genuine marriage (collect and take proof) and you arrived on an appropriate visa and didn't overstay it. We did AOS ourselves with no lawyer and it was fine, though of course if there is anything potentially negative in your background (criminal history, overstay etc) at least a consultation can be helpful, but from what you have said it sounds pretty straightforward in your case.

Edited November 24, 2009 by Jon&Lindsey

[iuliana 0]

Thanks for the advice!

Thats what we will do. Did u guys fill in all the forms for the AOS yourselves?

The lawyer that did the K3 for us told me that there are a bunch of papers to prepare...a lot more then we needed for the K3...thats why we are a little bit scared. on the other hand, we read about the AOS, and it doesnt seem to be that difficult.

Im not sure what exactly do they wanna see...we have all the proofs of a bonafide marriage...but my husband lost his job.

Will this be a problem? i guess it will be...

[Inky 1,110]

Thanks for the advice!

Thats what we will do. Did u guys fill in all the forms for the AOS yourselves?

The lawyer that did the K3 for us told me that there are a bunch of papers to prepare...a lot more then we needed for the K3...thats why we are a little bit scared. on the other hand, we read about the AOS, and it doesnt seem to be that difficult.

Im not sure what exactly do they wanna see...we have all the proofs of a bonafide marriage...but my husband lost his job.

Will this be a problem? i guess it will be...

The only problem is you will need a co-sponcer, it can be a friend or family member as long as they are in the USA.

[FortLaudy 10]

On one part of the I-485 (Adjustment of Status) you have to show how you will survive, do you have a bunch of money saved up in case of emergencies? such as right now that your husband has lost his job? or can you find someone to "sponsor" you until he gets back on his feet?

See, the US gov. wants to be assured that they will not be financially responsible for your living after you arrive here, but that your husband/work/family member/even a friend can vouch that they will be responsible for taking care of you financially, and you wont end up on the welfare system in a few months after arriving here or adjusting status...

so since your husband has lost his job that could be a problem as he cannot show a source of income, if your combined income falls below the poverty level set for this year he cannot be your sponsor and you will have to find someone else to be a co-sponsor - this could be even his parents or siblings, but the income has to be above the poverty level otherwise you have no sponsor and your AOS will be denied...

[iuliana 0]

On one part of the I-485 (Adjustment of Status) you have to show how you will survive, do you have a bunch of money saved up in case of emergencies? such as right now that your husband has lost his job? or can you find someone to "sponsor" you until he gets back on his feet?

See, the US gov. wants to be assured that they will not be financially responsible for your living after you arrive here, but that your husband/work/family member/even a friend can vouch that they will be responsible for taking care of you financially, and you wont end up on the welfare system in a few months after arriving here or adjusting status...

so since your husband has lost his job that could be a problem as he cannot show a source of income, if your combined income falls below the poverty level set for this year he cannot be your sponsor and you will have to find someone else to be a co-sponsor - this could be even his parents or siblings, but the income has to be above the poverty level otherwise you have no sponsor and your AOS will be denied...

Or is it better to wait till he finds another job? My K3 visa is valid for 2 years, and i entered in US this month.

[Chica Yeyé 41]

You can, of course, wait. The problem I see with that is not being able to work, etc. Another option is to ask someone to be your co-sponsor.

[iuliana 0]

You can, of course, wait. The problem I see with that is not being able to work, etc. Another option is to ask someone to be your co-sponsor.

The only problem is that he lost his job in july, and we had to use a co sponsor for the k3 visa, but for personal reasons we wont be able to use the same co sponsor.

Will this be a problem for us?

[thongd4me 69]

Hi everybody,

Here s our story:

Im married to a US citizen, and im in US.

Im from Romania, and i had the interview for a K3 visa this month in Bucharest, i arrived in the US last week.

We had a lawyer helping us with all this K3 visa process, but he didnt tell us anything about the AOS that we are suppose to go for, once im hereor about how much it will cost us

So, we called the lawyer, and he told us that its gonna be another 3000 dollars for the AOS and EAD...#######?????

We realized we should have done the CR1 in stead of K3, but now its too late.

The question is:

Can we do the AOS ourselves?

With this recession thing going on...we wont be able to pay that much money to a lawyer....and its a vicious circle...if we dont do the AOS, i wont be able to work, but in order to do it...we need money we dont have right now.

Do we really need a laywer for this?

Had somebody did this without a lawyer?

Any advice would be helpfull to us.

Thanks in advance!!

The only thing that will improve with your continuing to use a lawyer for the AOS is the custom landscaping on the lawyer's weekend retreat in the Bahamas.

Unless there is a pressing legal issue or some serious infraction (hopefully unwitting) of immigration law, there is no reason in hell to use a lawyer.

Period.

[Ellie-and-David 38]

If he doesn't earn enough, you have to find a co-sponsor. It will be a problem if your fiance can not demonstrate that he can support you.

For the record, doing the AOS paperwork is not difficult. It's just time consuming and has to be done properly. I submitted my AOS in late August, had my greencard in late October (although I didn't have to have an interview and was lucky in the process)

With the guides here on VJ and with no problems with your case, you and your fiance can complete the AOS process without the help of a lawyer. Save the money.

Before you file AOS, you MUST find a co-sponsor. This is not like the K3 route. You need to demonstrate that he can support you at the time that you apply for AOS.

[Cacerez 19]

Thank you very much!!!

We didnt have problems before.

Just that...we dont know what to do...where to go...who to call...

we will read all about this here...on vj

We really hope everything will be ok...and we can do this!!

Thanks again!!

The guides here on VJ are AMAZING!! We used them for the AOS with no problems - except for an RFE that was an easy fix and was our own fault! Don't pay a lawyer - you will have to provide the documents, information, and money, and all they do is keep the extra $1990 for themselves!