Help! Visa expiring soon, but confused about the i485/i130 filing process

[GJohn 0]

Hello,

I am a U.S. citizen and I married to my wife in February 2014. She is currently in the U.S. and has a F1 visa that will expire by June 25th. I followed the guide (for filing i485 and i130 concurrently) provided by this website and finished gathering all the required materials. However, when I consulted with an attorney, I was warned that I am inexperienced to do this and my application may be denied due to the fact that we just got married and it may be suspicious (fake marriage?) to the immigration office. basically she wants me to pay attorney fee and let her take over the case. So, I would like to know, based on my current situation, what is the most appropriate route to take for my wife to gain her permanent residency in the U.S.? I sincerely need help on this since her visa is expiring soon we don't want to make any mistake in the process. Any input is appreciated!

[Jordandawg05 13]

its a simple process, you can submit the paper work yourself and await USCIS for any information needed. follow the guides and submit. as long as she's legal here and you can prove legal marriage and relationship you should be fine.

it sounds like the attorney is trying to scare you to do papers..if your case is not complicated ( it doesn't sound like it ) then you can fill the papers and file directly...

[Ontarkie 14,268]

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas from IR-1 / CR-1 Spouse Visa Process & Procedures~~

[Harpa Timsah 13,258]

the lawyer is trying to scare you so you get your money.

[Erica & L 50]

Why people pay for an attorney to "help" them with their cases is beyond me! Unless you have a really complicated case (like if one of you falls under the Adam Walsh Act) there really is no reason you can't do it yourself. With the help from the guidelines and all the people on this website, it's relatively simple.

Don't let an attorney try to make you feel like you're incompetent just to get your money. Realistically, all the attorney would be doing is acting as a glorified secretary, filling out the paperwork and just having you sign it, while you pay them thousands of dollars for something you could do at home.

This process is already expensive enough, and as long as you are efficient and accurate with completing the package, you can file it on your own and avoid any extra costs!

Edited April 3, 2014 by Erica & Lily

[GJohn 0]

Thanks for all the helpful response!

However, I realize there is one complication regarding the i864. I only started to file tax in 2012 and I don't make enough to be 125% of the poverty line! Both my wife and I are full time graduate student and I'm currently unemployed, I made about 13000 USD in 2012 and 13000 USD in 2013 during summer internships. If I add my parents's income onto the i864 form then it will be enough. Should I put them as "co-sponsor" or simply sum together their income with mine as one household?

[Harpa Timsah 13,258]

Your parents need to qualify on their own. You can't just add it all together.

So it would go

You: I-864 and all supporting paperwork.

Parent 1: I-864 and al supporting paperwork

Parent 2: I-864A (connected to parent 1's form) and all supporting paperwork