i-30 Form

[aaron2020 11,651]

No she didn't she told us once the I-130 was approved then we file the I-1485. The I-485 is the one that costs $1,070 right?

Yes, the I-485 costs $1070.

Your lawyer is a dummy. The case will be transferred to Mexico.

You need to file the I-485.

Get your incompetent lawyer to file it or find a new lawyer.

How the heck did your lawyer not know about such a basic part of immigration law?

Edited June 11, 2014 by aaron2020

[RamFam2014 1]

I really do appreciate you all. I am so glad I found this site. Can I just file the I-485 on my own? Do you know what happens if that part isn't filed the same time as the I-130?

[aaron2020 11,651]

I really do appreciate you all. I am so glad I found this site. Can I just file the I-485 on my own? Do you know what happens if that part isn't filed the same time as the I-130?

You can file on your own if you can read and follow instructions well. (Not all people are wiling to do the work or is capable of doing it.)

Submit a copy of the NOA1 from the I-130 with the I-485.

Edited June 11, 2014 by aaron2020

[Caryh 5,206]

You can file on your own if you can read and follow instructions well. (Not all people are wiling to do the work or is capable of doing it.)

Submit a copy of the NOA1 from the I-130 with the I-485.

[RamFam2014 1]

I have no idea! I even asked her about it. We were gonna just do it online ourselves but I figured a lawyer would know better than we would. I asked her why does the online application say to file both at the same time but it isn't required here? She said it wouldn't make any sense to file the both if the

I-130 wasn't approved. She stressed that being that me and my husband haven't been married for 2 years can affect the approval because it is a requirement to be married for 2 years. She didn't tell me that until after I paid her lawyers fee.

[aaron2020 11,651]

I have no idea! I even asked her about it. We were gonna just do it online ourselves but I figured a lawyer would know better than we would. I asked her why does the online application say to file both at the same time but it isn't required here? She said it wouldn't make any sense to file the both if the

I-130 wasn't approved. She stressed that being that me and my husband haven't been married for 2 years can affect the approval because it is a requirement to be married for 2 years. She didn't tell me that until after I paid her lawyers fee.

Your lawyer is completely incompetent.

First, many couples file the I-130 and I-485 together. Do a search on this forum.

Second, why is two years of marriage magical? Your lawyer seems confused about ROC and getting a green card. If there was a requirement to be married for 2 years (which there isn't), then do you know how many spouses of US citizens would be illegal for 2 years while waiting for green cards?

Fire the sucka and file a complaint with the local lawyers' bar association.

Edited June 11, 2014 by aaron2020

[Caryh 5,206]

I have no idea! I even asked her about it. We were gonna just do it online ourselves but I figured a lawyer would know better than we would. I asked her why does the online application say to file both at the same time but it isn't required here? She said it wouldn't make any sense to file the both if the

I-130 wasn't approved. She stressed that being that me and my husband haven't been married for 2 years can affect the approval because it is a requirement to be married for 2 years. She didn't tell me that until after I paid her lawyers fee.

Yep your lawyer seems awfully confused about the process. If you've been married two years upon receiving the green card, your husband will get a 10 years card, rather than a two year card which requires removing conditions. Are you sure she wasn't referring to it being better to wait as you're so close to two years now and its better delay and get the 10 year card? That I could see justifying. But not at the risk of having him picked up as illegal and deported. Once the I-485 petition is accepted, he'll enter a period of authorized stay. This is legal resident status, so he still cannot legally work, but it removes him from the deportable status he technically is in right now.

[aaron2020 11,651]

Yep your lawyer seems awfully confused about the process. If you've been married two years upon receiving the green card, your husband will get a 10 years card, rather than a two year card which requires removing conditions. Are you sure she wasn't referring to it being better to wait as you're so close to two years now and its better delay and get the 10 year card? That I could see justifying. But not at the risk of having him picked up as illegal and deported. Once the I-485 petition is accepted, he'll enter a period of authorized stay. This is legal resident status, so he still cannot legally work, but it removes him from the deportable status he technically is in right now.

Adding to Caryh's post.

Given the stakes - he can be picked up by ICE, I would rush to file the I-485. After all, the OP lives in Texas which is not a friendly state IMHO.

Granted ROC is a pain, but it is no reason to delay filing.

I would rather my spouse be legal and have to file for ROC rather than trying to avoid ROC by continuing to live here illegally without protection. I know as soon as the I-485 is received by USCIS, my spouse can legally stay in the US and be protected from detention by ICE.

Yes, spouses of USC have been picked up by ICE when the USC spouses fails to file the I-485.

Edited June 11, 2014 by aaron2020

[RamFam2014 1]

She told us that the I-130 form has to be approved first and then we file the I-485 form to make the process go faster. She said he would be getting a work permit, not a green card if approved. I'm not sure why exactly she says that being married for 2 years have better options of getting approved, Ive read several people saying that they were for for like 4-6 months, Filed and got approved. The husband just got a Conditional Resident Card for 2 years . She also told us that once we file and it is pending that he can not be deported. I am going to go to her office and ask her several questions about the new information I have learned.

[Caryh 5,206]

Adding to Caryh's post.

Given the stakes - he can be picked up by ICE, I would rush to file the I-485. After all, the OP lives in Texas which is not a friendly state IMHO.

Granted ROC is a pain, but it is no reason to delay filing.

I would rather my spouse be legal and have to file for ROC rather than trying to avoid ROC by continuing to live here illegally without protection. I know as soon as the I-485 is received by USCIS, my spouse can legally stay in the US and be protected from detention by ICE.

Yes, spouses of USC have been picked up by ICE when the USC spouses fails to file the I-485.

That is exactly my point of view also. I wouldn't do anything that risked my wife's status here. We even had her AOS filed before the 90 days on entry had expired, and we live where most people have no idea what ICE is besides what we get every winter.

I'm just wondering if their marriage close to the 2 year point, so the lawyer recommended dragging their feet on the I-485? This is not good advice in my view, but lawyers have often given bad advice on the petition filing side of immigration.

[aaron2020 11,651]

She told us that the I-130 form has to be approved first and then we file the I-485 form to make the process go faster. She said he would be getting a work permit, not a green card if approved. I'm not sure why exactly she says that being married for 2 years have better options of getting approved, Ive read several people saying that they were for for like 4-6 months, Filed and got approved. The husband just got a Conditional Resident Card for 2 years . She also told us that once we file and it is pending that he can not be deported. I am going to go to her office and ask her several questions about the new information I have learned.

Delaying filing the I-485 does not make it faster. Delaying filing makes it longer.

Your husband needs an underlying status to get a work permit (EAD - Employment Authorization Document). He can only get it if you file the I-485 first. No I-485 = no work permit.

She lied when she told you filing the I-130 alone protects him from being deported. An I-485 filed with the I-130 allows him to legally be in the US. The I-130 alone gives him nothing while he is here illegally.

[Caryh 5,206]

She told us that the I-130 form has to be approved first and then we file the I-485 form to make the process go faster. She said he would be getting a work permit, not a green card if approved. I'm not sure why exactly she says that being married for 2 years have better options of getting approved, Ive read several people saying that they were for for like 4-6 months, Filed and got approved. The husband just got a Conditional Resident Card for 2 years . She also told us that once we file and it is pending that he can not be deported. I am going to go to her office and ask her several questions about the new information I have learned.

Wait, your husband just got the 2 year conditional resident card?

Edited June 11, 2014 by Caryh

[Caryh 5,206]

Delaying filing the I-485 does not make it faster. Delaying filing makes it longer.

Your husband needs an underlying status to get a work permit (EAD - Employment Authorization Document). He can only get it if you file the I-485 first. No I-485 = no work permit.

She lied when she told you filing the I-130 alone protects him from being deported. An I-485 filed with the I-130 allows him to legally be in the US. The I-130 alone gives him nothing while he is here illegally.

The more I read what she's been told by her lawyer, the more I'm seeing her lawyer doesn't have a clue about the process and is immune to even reading simple instructions.

[aaron2020 11,651]

That is exactly my point of view also. I wouldn't do anything that risked my wife's status here. We even had her AOS filed before the 90 days on entry had expired, and we live where most people have no idea what ICE is besides what we get every winter.

I'm just wondering if their marriage close to the 2 year point, so the lawyer recommended dragging their feet on the I-485? This is not good advice in my view, but lawyers have often given bad advice on the petition filing side of immigration.

The ICE you see in Minnesota is probably a lot less dangerous than the ICE an illegal alien would see in Texas. ;-)

[RamFam2014 1]

We have only been married for 6 months. We have been together in all for a year and a half. Did you guys go through lawyers or did you file on your own? I do not want my husband to be deported at all. I have read a lot about filing and thought the best option was to get a lawyer. Our lawyer told us that they have never got denied so thats why I decided to hire her rather than do it online myself.