How long is too long ?

[ExPatty 502]

Thanks for the reply Crystal. My wife and I visited an immigration lawyer yesterday afternoon and while the consultation fee was worth every penny the future fees will be crippling in the short term at least. $1600 upfront to file for us and that doesn't include the government documentation costs. I found this site and was hoping to draw on the collective wisdom herein to guide me through the system without incurring any massive financial burden on my family. Is it feasible to go through the process ourselves or is a lawyer essential to our eventual peace of mind ?

Thanks again to all for your kind words.

Chris.

If I were you I would consider $1600 in the grand scheme of things to be worthwhile.

I just filed my N-400 myself for citizenship, but absolutely do not regret the money spent when I paid a lawyer to facilitate my green card process, which is certainly more involved and complex. Plus, given your current state of illegality, you need to be certain that what you do is correct. That $1600 should buy a lot of piece of mind, and hopefully preclude you from making any catastrophic errors.

I was very informed and obsessively researched prior to my submission and, truth be told, there is little my lawyer did if anything I couldn't have done (the forms are fairly straight forward), but it was easy to say that in retrospect. At the time I just didn't quite know what needed to be done.

We can all agree that you made a substantial mistake taking what was otherwise surely a vanilla application for a GC years ago and to save some money abandoned it. If you don't try and fix it now you could be making a second, and a lawyer is going to be the best way to get that done with the highest chance of success. As you well know, the cost of messing this up is extreme.

[Cathi 5,794]

how are you paying employment taxes if you are here illegally? You need a green card to work

[UnaMexicana 153]

A lot of my fellow Mexicans (and from other countries) contribute to the US economy, even if they are illegally in this country. I believe they are issues something called an ITIN, a number for them to file taxes.

Somebody more knowledgeable might be able to clarify further.

UnaMexicana

how are you paying employment taxes if you are here illegally? You need a green card to work

[Cathi 5,794]

I would say you have painted yourself into the poverbial "corner." I am pretty sure court appearances will be involved as you have broken the law (most likely in Omaha as you are in Kansas City now). If it was me, I would hire a good immigration lawyer because I think you will need them for more than just filing some paperwork. If I make a mistake filing my paperwork for the CR-1, I will get a checklist and worst case scenario denied....but no actual change in my life. If you make a mistake on your case, you will most likely be deported and flagged...making future immigration more difficult. I would expect legal fees at least triple that. But, in the end, whether you decide to use a lawyer or not is up to you. Good luck!!

where the Hell are you getting your information from? Are you pulling it out of thin air? You are totally off base, please don't comment if you don;t know what you are talking about, Stop putting fear into people when there is no reason for him to fear anything.

To the OP: Ignore this poster, they know not of what they speak.

You can adust status, follow the guides at the top of the page. Overstays are forgiven for spouses of US citizens as long as you have never been convicted of a crime. Good luck and keep us updated

Edited January 9, 2015 by mimolicious

[invalidsession 0]

Thank you all for the words of encouragement folks Regarding the tax situation; I was given a temporary SS# all those years ago (not for work) and just used that. Never had a problem but as I said in earlier post, 911 changed a lot of things and with all the recent terrorism issues I imagine that Homeland Security will be tightening up considerably, not that I blame them in the least. I will of course keep you all posted as to my progress and thanks again for all the suggestions. Please keep them coming

Chris

[Teddy B 17,252]

A lot of my fellow Mexicans (and from other countries) contribute to the US economy, even if they are illegally in this country. I believe they are issues something called an ITIN, a number for them to file taxes.

Somebody more knowledgeable might be able to clarify further.

UnaMexicana

Could have false documents as well. It's fairly easy to acquire a fake or stolen ssn.

[UnaMexicana 153]

That's also true..

UnaMexicana

Could have false documents as well. It's fairly easy to acquire a fake or stolen ssn.

[Teddy B 17,252]

That's also true..

UnaMexicana

I have a friend who is the head chef at a restaurant in Boston. He is in charge of hiring all of the kitchen help. He tells me stories of how illegals will come in for a job with false docs that do not match so he sends them away. They come back sometimes the very same day or the day after and everything now matches. As long as they have what appear to be valid docs, they usually get a job if an opening exists.

[lunaboriken 2]

_{I was at a similar situation but less years, but my spouse didn't work.}

_{Even if you hire an immigration lawyer this is my suggestion:}

_{- Sit down with a clear mind}

_{- Know that even immigration lawyers can make mistakes and they DO NOT guarantee 100% positive results.}

_{- Get all the forms from uscis.gov, http://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status}

_{- Be willing to spend time reading and learning the steps you need to do.}

_{- Be clear that reading the forms take time to understand how it will apply to your particular situation.}

_{- Make sure you have an eligible sponsor (in your case I would think the spouse would be the first choice) or co-sponsor.}

_{- Realize that this takes time and DO NOT RUSH.}

_{- Read the forms line by line.}

_{- As you read gather your necessary documents and evidence.}

_{- ASK QUESTIONS as many as necessary and read other people's process.}

_{- Go to Adjustment of Status Forum to learn more about your particular process.}

_{Note: Be willing to expose EVERYTHING about you, your finances, your relationship, your family, EVERYTHING. Be willing to enter into a waiting game because it can take time. My case took 1 year to be approved. Others can take less or more time.}

_{If you have a criminal record I would hire an immigration lawyer No Questions Asked. If you have a clear criminal record then this process doesn't need an immigration lawyer because all the forms are in the website, and all the evidence needs to be provided by you, the lawyer will only help you to organize. If you are not willing to go through the paperwork on your own and want a lawyer to take care of it then be willing to pay money they ask. Despite, your choice I would STRONGLY suggest you inform yourself of evidence and avoid the lawyer taking control over the case because it's YOU who can help yourself. You can catch mistakes, you can help your case if you are inform on how to do it.}

_{Most importantly DO NOT FEAR. Even in the worse scenario you can ALWAYS appeal the decision.}

_{Best wishes for you and your family!}

[Soup Dragon 104]

I don't have any specific advice I'm afraid, Chris, (except follow the guides that other posters have suggested) but just wanted to wish you luck! :-)

From a fellow Brit (currently residing in Germany and just entered the mire of forms, paperwork and all else that entails the immigration process!!)

[LORIEandPHIL 123]

Not really anything to add, apart from forget all the scare stories about overstay and working, none of that matters once you file. The paperwork is easy to fill out, there really is no need for a lawyer, they only slow the process down in my view. Good luck.

[Hypnos 6,578]

Can you prove you entered the country legally? Do you have an INS stamp in your passport and / or an I-94? You will need to be able to prove legal entry in order to adjust status.

[Kadbury 2]

No need for a lawyer. Immigration lawyers charge such high prices because immigration applications are so tedious, as we all know. Start by reading the guides, and downloading all the needed applications. Fill them out one by one, and attach all evidence. Make sure you check and triple check all your work and follow every guideline, ie some forms specify what color ink to use for the signature. Best of luck! We are here to help

Does anyone have actual instances of the above mentioned process working to link to? My friend's husband was in a similar situation (here legally, got married, then overstayed) and spent 129 days in a detention center in Wisconsin while she fought it out in court to get him released. He's been home with his family for a month now and the legal end did get sorted in the end, but that's an awful large risk to take without knowing what exactly should be done.

That said, good luck Chris and sorry I can't help further!

[Boiler 46,206]

He is not in detention and though the risk is low presumably does not want to be detained which is why he needs to sort it out.

Adjustment, well loads of examples in this forum.

[invalidsession 0]

Where to start; It seems that form I-130 is the genesis followed by (or together ?) with I-485. I-130 information in the guide section however seems to refer to people entering the USA with the intention to marry and or enter the country illegally and this is not my exact case. Am I over reading this ?

Thanks so much to you all for your words of support, You have no idea how much it's helping both myself and my wife.

Chris.