Do I need to hire immigration attorney?

[lublyu 0]

I'm new on this forum. Just starting AOS application. My case is not straight forward, but I'm wondering if I really need an immigration lawyer help. Honestly I'd prefer to save $2000 for myself and my family. I will state in short "points" of concern/or not and ....please...read and let me know what you think. I already prepared and went through the most paperwork and have all forms filled and supported with documentation but my husband is still insisting to hire an attorney. I'm the immigrant, my husband a USC petitioner:

1: I overstayed B-2, 7 years out of status

2: have 2 children from previous relationship(while in US) , never been married thought.

3: my NOW husband is 20 years older then me ( but honestly I don't feel the difference at all )

4: good thing: we are both Russians, common language and culture

5: we got married this year, but know each other already for 6 years ( been just good friends before). We started dating while I was pregnant with my second child. The child is not his.( the father of a baby never wanted more children but I couldn't agree for abortion, our relationship that already gave a crack, just went downhill and he started verbally abusing me,going out, drinking and eventually i just asked him to leave and never show up again).

6: my husband has very low income on his taxes for last year and NO tax returns for previous 2 years, 'cause he did not make a lot at all. But we have a joint sponsor with a VERY good income and all returnes needed

7:he is self employed and doesn't have paystubs to show in order to proof his current income. He can just right a letter from himself as self employed about estimate number he can earn this year.

8: we have joint lease, joint bank account, both names on utility bills, dental insurence on both of us, he is on emergency contact at my kid's pediatrician, what else... pictures of cause.

9. i'm very ashamed to say that, but: i do have a criminal record: shoplifting. back 8 years ago. paid the charges, case dismissed , it was misdemeanor. i DO have a certified court copy to present for AOS

10. my husband's previous marriage 10 years ago was also with russian and he sponsored her for Green card. it was not a fake marriage but i'm guessing it does rises a red flag.

Did I forget anything else.... All in all, as you see it is complicated. But we have a genuine relationship, he is so good with my children and they just adore him. We are happy new family, but I'm preparing myself for a very detailed interview.

So what's your thought , guys?

[Brother Hesekiel 2,236]

Yep,

it's a bit more complicated, mainly because your husband already petitioned for another Russian . . . um . . . Lady before. Add to this the 20-year age difference, the fact that he doesn't make enough money to petition for you yet that you have a sponsor with tons of money ready to step in . . . none of this doesn't help.

Your overstay and the petty theft are not of any significance here. Not formally, anyway.

That said, there's nothing an immigration attorney could do to change the facts. The $2K will get you some guidance and filling out forms. if you are smart enough to set this whole thing up, you are smart enough to fill out the forms yourself and ask for assistance here if you encounter any problems.

Добро пожаловать в Америку

[Rebecca Jo 1,962]

*nevermind can't read*

Edited October 12, 2011 by Rebecca Jo

[lublyu 0]

I would think that the fact of having 2 children from another guy would be a bigger issue

Yep,

it's a bit more complicated, mainly because your husband already petitioned for another Russian . . . um . . . Lady before. Add to this the 20-year age difference, the fact that he doesn't make enough money to petition for you yet that you have a sponsor with tons of money ready to step in . . . none of this doesn't help.

Your overstay and the petty theft are not of any significance here. Not formally, anyway.

That said, there's nothing an immigration attorney could do to change the facts. The $2K will get you some guidance and filling out forms. if you are smart enough to set this whole thing up, you are smart enough to fill out the forms yourself and ask for assistance here if you encounter any problems.

Добро пожаловать в Америку

[JimVaPhuong 4,863]

I would think that the fact of having 2 children from another guy would be a bigger issue

Not in most cases, unless there's an overlap in the relationships. She said she knew her current husband for six years, and started dating him when she was pregnant with her second child, but didn't say how long ago that was, or if she'd ended her relationship with the child's father before she started dating her current husband.

Anyway, lots of red flags in this case. The overstay, the age gap, the low income, the previously sponsored immigrant. I could see any or all of these being an issue at an AOS interview. As Bob said, a lawyer can't change the facts. The only time a lawyer is really useful in immigration cases is if the petitioner/applicant is a complete neophyte and has no idea what to do, or if there are legal factors that call for a professional. This doesn't appear to be one of those cases. The OP seems to know what she's doing, and the issues seem to all fall into the category of the IO's discretionary judgement. No legal maneuvering is going to change anything.

A Stokes interview is a real possibility here. It would be prudent to prepare for one, just in case.

[Bobby+Umit 161]

7:he is self employed and doesn't have paystubs to show in order to proof his current income. He can just right a letter from himself as self employed about estimate number he can earn this year.

Who is this? Your joint sponsor or your husband?

[lublyu 0]

My husband doesn't have, he is self employed contractor. My joint sponsor has all required doc-s

Who is this? Your joint sponsor or your husband?

[SaraDee 9]

Not in most cases, unless there's an overlap in the relationships. She said she knew her current husband for six years, and started dating him when she was pregnant with her second child, but didn't say how long ago that was, or if she'd ended her relationship with the child's father before she started dating her current husband.

Anyway, lots of red flags in this case. The overstay, the age gap, the low income, the previously sponsored immigrant. I could see any or all of these being an issue at an AOS interview. As Bob said, a lawyer can't change the facts. The only time a lawyer is really useful in immigration cases is if the petitioner/applicant is a complete neophyte and has no idea what to do, or if there are legal factors that call for a professional. This doesn't appear to be one of those cases. The OP seems to know what she's doing, and the issues seem to all fall into the category of the IO's discretionary judgement. No legal maneuvering is going to change anything.

A Stokes interview is a real possibility here. It would be prudent to prepare for one, just in case.

I agree here. A lawyer cannot do much in this case but hold the couple's hand. Be prepared for a possible stokes interview. Also, someone correct me if I'm wrong but even though you have a joint sponsor, your husband still has to have filed the last 3 years of tax returns.

[lublyu 0]

Yes, you are right. The husband also has to shoe 2 years of taxes, ...if he had to file. In our case, he did not make enought money to file.

Thank you for reading and taking your time to reply

I agree here. A lawyer cannot do much in this case but hold the couple's hand. Be prepared for a possible stokes interview. Also, someone correct me if I'm wrong but even though you have a joint sponsor, your husband still has to have filed the last 3 years of tax returns.

Thanks Jim for your input. You seem like a very knowledgeable person and I appreciate your opinion. Hope it will be all OK and Stoke interview won't be needed.

Not in most cases, unless there's an overlap in the relationships. She said she knew her current husband for six years, and started dating him when she was pregnant with her second child, but didn't say how long ago that was, or if she'd ended her relationship with the child's father before she started dating her current husband.

Anyway, lots of red flags in this case. The overstay, the age gap, the low income, the previously sponsored immigrant. I could see any or all of these being an issue at an AOS interview. As Bob said, a lawyer can't change the facts. The only time a lawyer is really useful in immigration cases is if the petitioner/applicant is a complete neophyte and has no idea what to do, or if there are legal factors that call for a professional. This doesn't appear to be one of those cases. The OP seems to know what she's doing, and the issues seem to all fall into the category of the IO's discretionary judgement. No legal maneuvering is going to change anything.

A Stokes interview is a real possibility here. It would be prudent to prepare for one, just in case.