Second AOS scenario for my husband

[pushbrk 13,181]

All this information has been incredibly helpful. We are considering enlisting a lawyer as our situation is a little more complicated than would be ideal.

If it's not more complicated than you have explained here, I agree with Boiler. Again, you and the previous spouses are not coming from countries known for US immigration fraud by marriage. This is simply a non-issue. Is there some other issue that's worrying you, that you don't want to mention?

[NikLR 13,232]

The only issue i foresee is the poverty guidelines but that's easily remedied by automatically counting her on them even if it's not necessary.

Lots of people have overlapping timelines from divorce to starting a new relationship. Many people don't get divorced right away. It can be expensive.

[tigersjaw 0]

Nothing I haven't mentioned. So put simply, my husband will need to mention her on the I 864 he fills out for me?

[Boiler 46,284]

I would use the word include rather than mention. He has both of you to sponsor so the requirement is a little bit higher.

[tigersjaw 0]

Yes that makes sense. Thank you.

[Boiler 46,284]

No prob, up early for Spurs Chelsea!

[Rebecca Jo 1,962]

tigerspaw -

There's a wee teeny detail here that others are missing. And it's pretty important. If an alien enters the United States as a visitor, marries a US citizen, and then attempts to adjust status via that marriage, they are waiving their rights to appeal an adverse decision. Should your case be denied, you cannot appeal.

Web communities are a great source of information for learning about anything. Learning about immigration is not exempt from that concept. But just like one might go to a website to - say - learn about how to repair plumbing - one must decide whether they are up for doing it themselves or if they might need help.

Filling out forms for immigration can be a tick box exercise. But every case is different. Sometimes things are more complicated. Or sometimes you just need a little advice.

Because immigration to the US is also US law, then it can never hurt to get advice from an expert in the law. The only place to get that advice in a way that is also guaranteed to give you a safety net is from an attorney who is registered with the Board of Immigration Appeals (BIA). Do find such an attorney that has a proven track record with the Service. Consult with them before moving forward.

*edited for spelling*

Edited November 29, 2015 by Rebecca Jo

[NikLR 13,232]

You can only appeal if the USCIS made a mistake in making the decision anyhow. Most just refile vs appealing because trying to prove the USCIS messed up, when likely they didnt, isn't worth the effort. Generally it's the petitioner's mistake

[Rebecca Jo 1,962]

You can only appeal if the USCIS made a mistake in making the decision anyhow. Most just refile vs appealing because trying to prove the USCIS messed up, when likely they didnt, isn't worth the effort. Generally it's the petitioner's mistake

And?

[NikLR 13,232]

Giving more info than you provided.

[Boiler 46,284]

tigerspaw -

There's a wee teeny detail here that others are missing. And it's pretty important. If an alien enters the United States as a visitor, marries a US citizen, and then attempts to adjust status via that marriage, they are waiving their rights to appeal an adverse decision. Should your case be denied, you cannot appeal.

Web communities are a great source of information for learning about anything. Learning about immigration is not exempt from that concept. But just like one might go to a website to - say - learn about how to repair plumbing - one must decide whether they are up for doing it themselves or if they might need help.

Filling out forms for immigration can be a tick box exercise. But every case is different. Sometimes things are more complicated. Or sometimes you just need a little advice.

Because immigration to the US is also US law, then it can never hurt to get advice from an expert in the law. The only place to get that advice in a way that is also guaranteed to give you a safety net is from an attorney who is registered with the Board of Immigration Appeals (BIA). Do find such an attorney that has a proven track record with the Service. Consult with them before moving forward.

*edited for spelling*

You proved your point.

I assume you meant just to refer to the VWP.

[Rebecca Jo 1,962]

Giving more info than you provided.

Now, now, now. That's not very friendly, is it?

Per your advice, the Service can make mistakes.

Is it good advice to put a reader in a precarious situation?

That is the only point of my recommendation. We can try all day here to help people. But we can't fight for them in a bad situation.

I know it's fashionable around here to say one never needs to seek advice from lawyers. I've never felt that way. My husband and I sought advice twice during our journey. We sought that advice from immigration lawyers with tried and true track records. They were too busy to take on cases that didn't require professional help. They told us how to prepare ourselves for success and charged us a small reasonable fee for doing so. That's how real, successful immigration lawyers conduct their practice.

Hence my advice to tigerspaw stands.

[Boiler 46,284]

No harm in having a consultation, I doubt anything will come up not covered here.

[NikLR 13,232]

Never said it didn't. Never said you were giving bad advice either. Simply expanded on said advice with more information.

[Rebecca Jo 1,962]

You proved your point.

I assume you meant just to refer to the VWP.

I don't type out stuff just to prove points. I'm too busy for that.

I'm not a legal expert on immigration. I'm a lay person with a bunch of experience. Same as you.

If I'm going to recommend professional help, I'm going to tell the reader how to get the best help. Not all lawyers are qualified to help.