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jsand78

Filing A?OS late--should I get a lawyer?

By jsand78 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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jsand78 Explorer

jsand78   0

Posted
Filed: K-1 Visa Country: Ghana
 Timeline
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I am filing for AOS for my husband who came here on a K-1 visa. We married within 90 days but are two years late filing for AOS (won't waste time rationalizing or trying to explain why because in the end it doesn't really matter, does it?). We are both very worried about what will happen because we are filing so late and have consulted with an attorney because of this.

My question is, is it necessary to pay the extra money for an immigration attorney to safeguard against any potential late-filing problems? Or should we use the money we have saved that is avaiable now to pay for the AOS/doctor's fees and just file on our own? Any feedback would be greatly appreciated!

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

I am filing for AOS for my husband who came here on a K-1 visa. We married within 90 days but are two years late filing for AOS (won't waste time rationalizing or trying to explain why because in the end it doesn't really matter, does it?). We are both very worried about what will happen because we are filing so late and have consulted with an attorney because of this.

My question is, is it necessary to pay the extra money for an immigration attorney to safeguard against any potential late-filing problems? Or should we use the money we have saved that is avaiable now to pay for the AOS/doctor's fees and just file on our own? Any feedback would be greatly appreciated!

You will be fine filing on your own. If it's just that you waited you shouldn't have problems.

If you have been married for more than 2 years though you should also file an I-130. This will get you a 10 year card. You are also correct that you will need to do a new medical.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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Robert&Karen Proficient

Robert&Karen   264

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

You are going to have to pay the medical fees anyway. I would do ALL the stuff required from the start like medical (you will likely need a full medical again). Then do the paperwork and if you are denied, THEN look into if you will need legal aid or not right now. Include a good cover letter explaining your circumstances.

K-1 Journey

03-03-2011 - Mailed I-129F application.

03-06-2011 - Packet received in Texas.

03-23-2011 - NOA1 received in mail, dated 03-09-2011.

05-31-2011 - RFE requested. They want better passport pictures of me.

06-06-2011 - Additional passport pics sent.

06-08-2011 - Evidence received and acknowledged. Whew!

06-16-2011 - NOA2 received!

07-20-2011 - Packet 3 Received!

08-01-2011 - Packet 3 returned to Embassy.

08-22-2011 - Packet 4 Received!

09-19-2011 - Interview...APPROVED!

09-23-2011 - Visa in Hand

09-29-2011 - POE LAX

11-11-2011 - Wedding at 11:11pm GMT time.

AOS Journey

12-02-2011 - Mailed in AOS/EAD/AP paperwork.

12-05-2011 - Delivery confirmation per USPS.

12-27-2011 - (3) NOA I-797C received, dated 12-20-2011. Biometrics appt set.

01-10-2012 - Biometrics.

01-20-2012 - Notified of interview appointment for 2-21-2012.

01-31-2012 - EAD and AP approved.

02-08-2012 - EAD/AP card received.

02-21-2012 - AOS interview approved. EAD/AP card confiscated.

03-01-2012 - Green Card in hand!!!

364 days total time!

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

As Vanessa stated, follow the VJ Guide for filing for a spouse residing in the US >>> http://www.visajourney.com/content/i130guide2

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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keyshawn18 Enthusiast

keyshawn18   52

Posted
Filed: K-1 Visa Country: Ghana
 Timeline
Posted

An attorney will be quite expensive.there are some very smart people on this website who can give you information for free.Plus the lawyers cant make USCIS go any faster.I would suggest just reading and posting and asking your questions here on VJ.

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Winsfaye Rookie

Winsfaye   0

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

I am filing for AOS for my husband who came here on a K-1 visa. We married within 90 days but are two years late filing for AOS (won't waste time rationalizing or trying to explain why because in the end it doesn't really matter, does it?). We are both very worried about what will happen because we are filing so late and have consulted with an attorney because of this.

My question is, is it necessary to pay the extra money for an immigration attorney to safeguard against any potential late-filing problems? Or should we use the money we have saved that is avaiable now to pay for the AOS/doctor's fees and just file on our own? Any feedback would be greatly appreciated!

I think you guys will be fine without a lawyer.And just use your money in getting all the requirements you needed....I filed mine late too..Base on my experience though,we filed I-485 along with the I-130..the consul told me that I-130 wasn't needed.God Bless!!

GoodLuck to you guys..

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

I think you guys will be fine without a lawyer.And just use your money in getting all the requirements you needed....I filed mine late too..Base on my experience though,we filed I-485 along with the I-130..the consul told me that I-130 wasn't needed.God Bless!!

GoodLuck to you guys..

If you've been married more than 2 years the i-130 should be filed so you get the 10 year card. If you're married less than that then no I-130 needed.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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