Current student on F1 applying for Green Card through Marriage

[Psych 0]

Hi!

I'm a student from Sweden. Currently studying in Chicago. I'll graduate in December of this year 2010.

I got married in the end of 2008, to an American Citizen. Now I want to apply for a greed card. We

live in Chicago

Questions:

1: Should I use the guide here on the website: "Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US"

2: If so, how can I find out if I qualify to file for an I-130 in the US?

3: Is it advisable to contact an immigration lawyer for this process instead of trying to do it on my own?

4: how much on average would an immigration lawyer cost for this particular process?

Thanks so much for any helps, advice and tips I can get on this!

//Psych

[Darnell 8,479]

1. yes

2. USC Spouse files that, not the foreigner. You, the foreigner, will never qualify to file that petition.

3. I see no need to use a lawyer - there are caveats to that, of course.

I'll suggest a coupla things, maybe (maybe...) help you to decide whether you need an attorney or not.

a. read the VJ guides. map the steps out on paper and pencil. See if anything doesn't make sense to you.

b. Read the USCIS web portal about the forms. Map out the steps on paper and pencil. See if anything doesn't make sense to you.

c. Practice filling out the forms, at least 5 times. See if anything still doesn't make sense to you.

d. Have any red flags? Practice writing up attestation letters about each red flag.

Now, after doing (with major emphasis on DOING ) all of the above, if you do NOT understand the forms and the process and potential red flags for your petition,

then I'd suggest getting a good lawyer.

4. 2000 to 6000 usd

check yer visa stamp in yer passport - see if there is a tag for '2 year home residency' after graduation, as well.

Edited May 18, 2010 by Darnell

[Psych 0]

Thanks for your Advice, I will for sure follow the steps you've suggested and try this on my own.

I haven't found any note in my passport about a 2year stay in my home country after my studies, so I assume

it doesn't exist, but I'll check it with my schools international advisers to be sure.

Thanks again!

[Mavisgrind 1]

Hi Psych! (strangely appropriate!)

To add to what others said:

1) Yes. It's a pretty good concise guide. If you want something more, try the Nolo Marriage Visa guide downloadable from their website (for a cost).

2) You are here in the US legally. You came on an F1 visa and you are completing your studies. Your visa was D/S (duration of stay = until you finished school). As long as you came to study and getting married just happened along the way, there is no problem. Your spouse can file the I-130 for you.

3) As long as you read all the instructions there really isn't a reason to pay for a lawyer. Save some money and once you have all your paperwork together, take it to an immigration advisor to check it out and make sure that everything is filled in correctly and all the documents are in order. We did that and it only cost $100 rather than thousands. Unless you have special circumstances, there is no reason for a lawyer

4) Up $2k and up (I have heard of people paying over $10k)

One other thing, since you will have been married for at least two years by the time you get your approval, you will get a permanent residency card rather than a conditional card. No need to file an I-751 after that. You will still have to wait at least three years after you get your permanent residency before you can apply for citizenship, if that is something you wish to do.

Best regards and wishes!