Filing for AOS for spouse

[ricon 0]

My fiancee and I got married last week... he is from Poland, and I am a US citizen. We are trying to make it so that he can legally stay here, and so that we could be together. Currently he is here on a J-1 visa which expires in February. We have talked to an attorney, but did not discuss filing all of the forms ourselves. We are a little apprehensive about the price that the attorney quoted for lawyer fees, so we want to file without him. Could any one tell us what we should do to make this process run smoothly? We know that I have to file the I-130 for him, and he has to file the I-485 as well as the form for a work permit. Is it worth it to file without a lawyer??? We really don't want to mess this up. Thanks for your help!

[YuAndDan 153]

J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

http://www.visajourney.com/forums/index.ph...page=i130guide2

General information regarding J-1 visa: Some J-type visas have a 2-year home residency requirement (2-yr HRR). Anyone who is considering marriage on a J-visa needs to confirm whether they are subject to the HRR. If the J-1 visa holder IS subject to the 2-yr HRR, he/she needs to obtain a waiver prior to marriage.

THIS URL lists the 3 bases for J-1 holders being subject to the two-year HRR requirement, and the 4 methods of getting a waiver. Actually, there is a 5th method for physicians, the "Conrad State 20" method based on job commitments in areas in which there is a shortage of health care professionals. The government-funding base for the 2-year obligation could apply to a citizen of any country. The skills-list base for the 2-year obligation only applies to citizens or residents of certain countries. There is a link to the skills list on the State Department website. The graduate medical education base for the 2-year obligation could apply to a citizen of any country.

Marriage to a U.S. citizen is not relevant to any of the 4 methods of getting a waiver, except perhaps exceptional hardship. Exceptional hardship has to be really extreme, not just a lack of employment opportunities, or problems in adjusting, for the U.S. citizen spouse, It is recommended that one hire an attorney in order to obtain a waiver.

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

http://travel.state.gov/visa/temp/info/info_1296.html

[ricon 0]

We do already have the waiver taken care of. So all we have left to do is the filing for the AOS.... any advice?