LAWYER OR NOT

[besaangel 18]

I am a student who got married to my boyfriend of 4 years last month. I am currently still enrolled so as not to compromise my status while we are about to file for adjustment of status. I have a few questions that I need help with while we start our paperwork.

I recently spoke to a lawyer who is urging us to hire one as an ideal way to ensure a good chance of acceptance. My thing is my husband is not so keen on paying someone $3000 or more as we've been apart of horror stories involving lawyers. How well is it recommended to hire a lawyer.

ADVICE PLEASE...

[F & J 21]

It depends on how complicated your case is. If you have certain concerns that may be better handled by an immigration lawyer, then it may be a good idea to hire one. If your case is pretty straightforward and you feel confident that you can fill out all the forms yourself, you can do that instead. My husband and I didn't hire a lawyer for the I-129F and now the I-485 and we haven't had any problems - we've already received our interview notice.

Hope that helps!

Edited February 24, 2010 by Fatima and Jim

[cherryblossom2010 0]

I agree. If your case is a complicated case then, you should have a lawyer. But if your case is straight forward then, a lot of the people do it by themselves including me. I have obtained F1, OPT, H1B in the past but had never experienced any problems. If you do it yourself, just read the instructions very carefully and research what documents needs to be supplemented and you should be fine!! Good luck to you and yours!

Edited February 24, 2010 by cherryblossom2010

[lovelyalex 99]

There is no guarantee of success with a lawyer but I'm some circumstances I am sure it helps, and they do charge an arm and a leg.

We used one initially to help with the filing of the forms, as although our situation isn't complicated, we were both conscious to get it done right. Looking back, we probably didn't even need a lawyer in the first place because we ended up doing most of the work, and they just checked over the forms and filed them for us afterwards. Obviously without knowing your case, I can't say go with or without one, but if they are urging you and putting pressure on you, then be skeptical and look elsewhere. You could probably find a cheaper lawyer in your area with a little bit of work. And before you do anything, make sure they are upfront about their billing policy to avoid any unpleasant invoices and keep your contact with them at a minimum because you will most likely be charged for every single email phone call you make to them (I only say this because some people are naive to law firm practices).

Once we filed we haven't used their services and unless something catastrophic happens after our interview next week, will not again.

[luckykat 1]

I'm a student too, found and married my soulmate here in the U.S. At first I was worried about the whole process and thought to hire a lawyer but decided to save the money and do it on my own. I did spend a LOT of time researching information from this and other websites, and it took a while because I had to figure out which forms and documents were relevant for MY case (i.e. F-1 adjusting based on marriage to USC as opposed to all the K-somethings, employment-based, etc.)

Feel free to send me a PM for more details.

[besaangel 18]

Pretty much, I am aware of the requirements as far as completing the forms. My brother, although a different scenario, married his long time girlfriend and my mom hired a lawyer, of which I ended up having to sort and help her with the paperwork because her lawyer really knew nothing... So I do know what is necessary for completion.

The "Lawyer" I spoke to was nervous about us doing an interview because in 2006, I went home to change from F2 to F1 and ended up staying for like 7 months. He said that was "weird" though I explained to him that I had I had to stay to testify in a case (i.e. not my fault) and I got a letter from the Ministry of Justice to take back with me in case any immigration officials questioned my case (though its still in the sealed envelope).

But all in all we're probably gonna do it ourselves. I had a recommendation to speak to a representative from the Catholic Charities if needs be.... THANKS GUYS

Ps... case not complicated... first marriage for both of us and no kids or dependents... lol

[shellyalex 0]

I agree with the previous posts. If you believe you case is complicated, then yes. However, once it's straight forward GOT FOR IT on your own.

My husband and I went thru Catholic Charities for our I-130 and as far as we're concerned we should of done it ourselves and save the money. but we did the AOS ourselves, July 2009, had no RFE's, had our interview and got my greencard early December.

VJ has the guidelines, just read once,twice,three, four times, go thru it with a finetooth comb and you'll be fine.

Good Luck

[Darnell 8,478]

If you are just starting out, have a read here -> http://www.visajourney.com/forums/index.ph...page=i130guide2

and

http://www.visajourney.com/forums/index.ph...p;page=otheraos

Good Luck ! (with the reading ( )

[Rebecca Jo 1,962]

There's always a middle ground here, you know.

You might benefit from a consultation with a qualified family immigration expert. This means NOT talking to the lawyer who principally brings in aliens for XYZ Corporation (employment) or the lawyer who processes visas for students. A good immigration attorney who is worth his salt will be willing to help ascertain if your case has any complexities AND if it doesn't, tell you that you don't really need his services.

Having that assurance, if you can read and follow directions and aren't intimated by paperwork, you can probably file on your own.

[besaangel 18]

Most true guys... Thanks for the reassurance...

Just wanted to make sure I knew what I was up against, i.e. pros and cons...

AGAIN, thanks for the advice and encouragement....

If you are just starting out, have a read here -> http://www.visajourney.com/forums/index.ph...page=i130guide2

and

http://www.visajourney.com/forums/index.ph...p;page=otheraos

Good Luck ! (with the reading ( )

LOL- read like three times already...

[luckykat 1]

Well one of the cons for me is that I filed for the AOS using my maiden name. Didn't know you could do that! (Tried to keep name consistent with passport and other documents )

[besaangel 18]

Thats a good point cause my passport does still have my maiden name... does his affect anything or can i go ahead and use his last name?

I remember on AOS form it asks about other names used and thats where I put my maiden name...

[lovelyalex 99]

All my forms were filed in my new married name, and I just put my old name in the maiden name bit. So far, so good because all my NOAs and docs have come in my new married name.

[luckykat 1]

Well one of the cons for me is that I filed for the AOS using my maiden name. Didn't know you could do that go ahead and file with your married name! (Tried to keep name consistent with passport and other documents )

Oops, by "that" I meant using your married name, not your maiden name.

Thats a good point cause my passport does still have my maiden name... does his affect anything or can i go ahead and use his last name?

I remember on AOS form it asks about other names used and thats where I put my maiden name...

Yes, go ahead and use his last name. That's what a lot of people have done and that's the name the greencard comes out in. I thought I'd just change the name on the greencard later, but didn't realize it would cost three hundred bucks and a lot of time!

[besaangel 18]

o wow... money-makers on the prowl again lol... thats a lot of money and wasted time just to get a name changed...

THANKS AGAIN FOR ALL THE ADVICE... We are moving to a new apt monday but we'll probably start gathering supporting documents next week... YAY me!!! (GONNA RE-READ instructions and guidlines for the forth time)

Edited February 25, 2010 by besaangel