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Posted

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.

odds are she's going to tell you to quit reading things on the internet, and she knows better. We've seen this story played out many times. Incompetent lawyer will make a big fuss over being told you and what you're reading is wrong. Keeps the fees you paid and demands you stop reading or she'll stop working on your case.

Best result, fire lawyer and take this over yourself. You husband is 100% deportable until the application to adjust status has been filed and accepted. Filing the I-130 means nothing in his legal status here.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: Timeline
Posted

No my husband didn't get anything. I was explaining what I have read about others situations. So sorry for the confusion. It does seem like my lawyer doesn't know much. Im so glad I found this site. It has been frustrating.

Posted

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.

My wife and I filed and I-129F, she came we got married, filed I-485 (together with EAD and AP), got her green card, and are now waiting to receive her 10 year green card after filing to remove conditions, all with Zero lawyer input. The immigrant visa process was designed to be done without a lawyer. I've known some people that have used lawyers, because they did not want to read up on the process, and its worked out fine for them. But you need a lawyer that knows what they're doing to. Your lawyer does not, evidenced by the not only bad advice, but dangerous advice she has given you. For every good lawyer out there, there's another one that does not know what they're doing.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: Citizen (apr) Country: Iran
Timeline
Posted

Until you have the receipt for the I-485 in your (actually his) hand he is subject to detention and deportation at any time. Your attorney doesn't have a clue. If you wait for the I-130 to be approved before sending the I-485 your case will be sent to NVC for consular processing (in Mexico). Then when you file the I-485 they will have to wait while the I-130 is retrieved and joined with the I-485.

The work permit is available at no extra charge when you file the I-485 and should be received in 60-90 days after filing. NO work permit can be applied for with just an I-130 filed.

Filed: Citizen (apr) Country: Iran
Timeline
Posted

The time will be different because we did a fiancé visa. You don't file "online" you obtain the forms and follow the guides. There is a lot required. He has to have a medical exam from a civil surgeon. You have various forms to fill out. All of this has to be done prior to filing for Adjustment of Status (AOS). I suggest you begin by reading the guide I linked earlier.

You can do this yourself. First read the guide, in fact read it twice. Read the instructions for all the forms you need. After you do this come back and ask questions.

Filed: Country: Vietnam (no flag)
Timeline
Posted

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.

Married for 6 months. Then ROC is a non-issue right now.

Absolutely no good reason not to file the I-485 concurrently.

Posted

Wow I can not believe how much my lawyer sucks! I called to come in to talk to her and she is out of the office until next tuesday. Now this is gonna be even longer and I doubt she will give us the money back.

Depends on the terms under which you paid her. If you gave a deposit for billable hours, getting rid of her and finishing up yourselves might get some money back. If you paid a fixed fee for her to do the process, then you probably won't get that back.

Read the guides. What you don't understand, ask. Many have been through this process here. Its not that difficult if you understand the steps and go through them one by one.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: Country: Vietnam (no flag)
Timeline
Posted

Wow I can not believe how much my lawyer sucks! I called to come in to talk to her and she is out of the office until next tuesday. Now this is gonna be even longer and I doubt she will give us the money back.

Bring up the fact that you will file a complaint with the local bar.

The lawyer is failing in her legal duty to meet the minimum standard of the legal profession for any competent lawyer in a similar situation. A lawyer can be punished by the bar for failing to meet this stand of care.

Since the attorney file the I-130, you should be entitled to a partial refund.

Raise a stink.

Posted

Married for 6 months. Then ROC is a non-issue right now.

Absolutely no good reason not to file the I-485 concurrently.

Yep, its just confirmation of the incompetence of this lawyer.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: Timeline
Posted

We paid her $500 which was to get all the paperwork and shipping and all that. I actually just found out that she didn't even send it out yet! Wow. I looked on the USCIS site where you can file there and even have a person assigned to the case. Anyone know anything about that.

Posted

We paid her $500 which was to get all the paperwork and shipping and all that. I actually just found out that she didn't even send it out yet! Wow. I looked on the USCIS site where you can file there and even have a person assigned to the case. Anyone know anything about that.

So you paid a fixed fee. Are you sure this is a lawyer and not someone with their own website charging a fee to do paperwork?

list of current e-filing applications, the I-130 is not on there.

http://www.uscis.gov/e-filing

If she has not mailed the form yet. I'd suggest you tell them to stop the process. Get what forms have been completed from them and continue the process on your own.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: Country: Vietnam (no flag)
Timeline
Posted

We paid her $500 which was to get all the paperwork and shipping and all that. I actually just found out that she didn't even send it out yet! Wow. I looked on the USCIS site where you can file there and even have a person assigned to the case. Anyone know anything about that.

USCIS does not assign a person to your case to help you. USCIS only processes what you file. They don't help you figure out how to file or what to file - that's your job or the job of your attorney.

USCIS information phone centers are full of incompetents and are know as the MISINFORMATION LINE.

If you want help filing, you get a lawyer or help on a forum like this. USCIS will not help you file.

 
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