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DO I NEED A LAWYER?

By NAZAART in Adjustment of Status from Work, Student, & Tourist Visas

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Is your fiance a USC? Even if so, you don't have standing to file for AOS as a fiance. Legally, being a fiance has no impact on the process...i.e. it's  like coming to the US on a B1/B2 and then just filing AOS by yourself.

 

The suggested course (IMHO) would be to either have your partner petition so you can obtain a K-1 visa then re-enter the US on that visa, or to marry and then file for a CR-1 visa (after leaving the US).

 

That said, if you were a spouse of a USC, you can file for AOS while in the US.

 

Generally, a lawyer isn't necessary. Most people here tend to do it themselves. That said, everybody's circumstances are different.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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lilygracexx Enthusiast

lilygracexx   22

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

Hi, I adjusted from B1/B2 and we did not hire a lawyer. Check my timeline :)

Also my husband is USC and we are married, your fiance cannot petition you because you are not married to your fiance.

Edited by lilygracexx

12/18/2015: Got married to the love of my life (L)(L)(L)

07/26/2016 Mailed I-130,I-485 & I-765

07/27/2016 Delivered at Chicago Lock Box with signature confirmation

08/04/2016 Both checks are cashed

08/09/2016 Received NOA1 via text for I-130 & I-485

08/11/2016 Received NOA1 hard copy via mail for I-130 & I-485 (I-765 is rejected, forgot to sign)

08/12/2016 Mailed I-765

08/13/2016 Delivered at Chicago Lock Box

08/15/2016 Picked up at the Chicago Lock Box with signature confirmation

08/05/2016 Received NOA1 hard copy via mail for I-765

08/19/2016 Received Biometrics Appointment letter (2pm at Bellflower location)

08/24/2016 Successful early walk-in for Biometrics Appointment at Bellflower location.

09/09/2016 I-765 receipt number is working online

09/12/2016 I-130 receipt number still not working, I-485 worked for the first time and says "Ready to schedule for Interview

10/03/2016: I-485 is scheduled for interview on November 3, 2016

10/28/2016: EAD card being produced

11/03/2016: We had out interview in Los Angeles CA. Our IO said they don't normally approve on the spot anymore and she gave us a paper saying "your case is being held for interview". The IO also said she is new, therefore she need to talk to her supervisor. Additionally she showed us a pile of cases that is being held for review, so it looks like it will take a while to get an answer about our case.

11/07/2016: EAD card was mailed to me

11/09/2016: EAD card received. Applied for SSN, needs verification will take up to 4 weeks.

11/10/2016: went back to SSA office with my unexpired passport, got verified right away.

11/10/2016: SSN card received

12/28/2016: I-485 status updated to "New Card Being Produced",later in the day updated to "Case was approved"; I-130 status updated to "Case approved"

(1 month, 3 weeks & 4 days after the interview) & (5 months & 2 days after filing AOS)

1/03/2016: Receive I-797 approval letter for I-130 & I-485; status updated to "New Card Being Produced"

1/04/2016: Welcome letter received; status updated to "Card was Mailed"

1/06/2017: 2 year green card received :D

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pinkpaws Apprentice

pinkpaws   5

Posted
Filed: AOS (pnd) Country: Malaysia
 Timeline
Posted
On 1/3/2017 at 8:04 PM, lilygracexx said:

Hi, I adjusted from B1/B2 and we did not hire a lawyer. Check my timeline :)

Also my husband is USC and we are married, your fiance cannot petition you because you are not married to your fiance.

Hi lilygracexx, 

 

I am doing an AOS from my tourist visa in the next week. May I know what (other) forms you submitted together with your I-130 and I-148? I am assuming you submitted the AP and EAD at the same time too, however did you also submit any other forms? I am a little overwhelmed with what I'm reading on the Net :( I am also submitting AOS  forms for my daughter at the same time btw so everything is a bit confusing, to say the least. 

 

Thanks! 

Two-Step Adjustment of Status from B-2 Visitor's visa
Step 1: Form I-130 Petition for Alien Relative

10/11/15 - Got married

01/30/17 - Sent I-130 packet to Phoenix, AZ Lockbox via FedEx

02/01/17 - Packet delivered

02/06/17 - Received Email/Text NOA1

02/10/17 - Received NOA1 (I-797C) hardcopy in mail

 

Step 2: Form I-485 Adjustment of Status (AOS)

03/21/17 - Sent I-485 (together with application for EAD and AP) packet to Chicago, IL Lockbox via FedEx

03/24/17 - Packet delivered

04/10/17 - Received Email/Text NOA1

04/14/17 - Received NOA1(biometrics appointment & I-797C) hardcopy in mail

04/24/17 - Biometric appointment (Oakland USCIS)

04/24/17 - Received RFE in mail for I-485

04/26/17 - RFE document sent to USCIS via FedEx

05/01/17 - Packet delivered

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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Are you married? 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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lilygracexx Enthusiast

lilygracexx   22

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
15 minutes ago, pinkpaws said:

Hi lilygracexx, 

 

I am doing an AOS from my tourist visa in the next week. May I know what (other) forms you submitted together with your I-130 and I-148? I am assuming you submitted the AP and EAD at the same time too, however did you also submit any other forms? I am a little overwhelmed with what I'm reading on the Net :( I am also submitting AOS  forms for my daughter at the same time btw so everything is a bit confusing, to say the least. 

 

Thanks! 

I submitted I-130, I-485, I-765 I did not submit AP since I do not have plans to travel outside the country, and I overstayed my visa so travelling outside the country while AOS is not a smart move. I also sumbitted I-864 for my sponsor (my husband) & 1 for my co-sponsor (family friend) and included proof of bonafide marriage. 

12/18/2015: Got married to the love of my life (L)(L)(L)

07/26/2016 Mailed I-130,I-485 & I-765

07/27/2016 Delivered at Chicago Lock Box with signature confirmation

08/04/2016 Both checks are cashed

08/09/2016 Received NOA1 via text for I-130 & I-485

08/11/2016 Received NOA1 hard copy via mail for I-130 & I-485 (I-765 is rejected, forgot to sign)

08/12/2016 Mailed I-765

08/13/2016 Delivered at Chicago Lock Box

08/15/2016 Picked up at the Chicago Lock Box with signature confirmation

08/05/2016 Received NOA1 hard copy via mail for I-765

08/19/2016 Received Biometrics Appointment letter (2pm at Bellflower location)

08/24/2016 Successful early walk-in for Biometrics Appointment at Bellflower location.

09/09/2016 I-765 receipt number is working online

09/12/2016 I-130 receipt number still not working, I-485 worked for the first time and says "Ready to schedule for Interview

10/03/2016: I-485 is scheduled for interview on November 3, 2016

10/28/2016: EAD card being produced

11/03/2016: We had out interview in Los Angeles CA. Our IO said they don't normally approve on the spot anymore and she gave us a paper saying "your case is being held for interview". The IO also said she is new, therefore she need to talk to her supervisor. Additionally she showed us a pile of cases that is being held for review, so it looks like it will take a while to get an answer about our case.

11/07/2016: EAD card was mailed to me

11/09/2016: EAD card received. Applied for SSN, needs verification will take up to 4 weeks.

11/10/2016: went back to SSA office with my unexpired passport, got verified right away.

11/10/2016: SSN card received

12/28/2016: I-485 status updated to "New Card Being Produced",later in the day updated to "Case was approved"; I-130 status updated to "Case approved"

(1 month, 3 weeks & 4 days after the interview) & (5 months & 2 days after filing AOS)

1/03/2016: Receive I-797 approval letter for I-130 & I-485; status updated to "New Card Being Produced"

1/04/2016: Welcome letter received; status updated to "Card was Mailed"

1/06/2017: 2 year green card received :D

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