Need your advise on a very complicated AOS case

[Mamed 18]

I'll try to make this short as possible

 

The background. My friend first came to the US 4-5 years ago with B1/B2 visa and left before it expired. Some time later he came back with 10yrs visa. With that he was going back-n-forth staying here for a few months (he's a professional fighter contracted with US gym). Eventually he got married here to USC, I know he wasn't supposed to with the type of his visa but what happened, happened. So, they decided to adjust his status with the help of attorney.

 

Now to the topic. They started AOS process not too long after they married. Gathered all documents attorney said and gave to him, he sent to USCIS. In Jan-Feb they got RFE for Affidavit of Support documents - this wasn't included at all. His wife never worked so the sponsor provided all needed docs to attorney which he sent last month. So far they got no response from USCIS. Case status on www.uscis.gov hasn't changed since RFE. Today my friend called attorney to confirm he sent the papers. First he said no, which shocked everyone, but then said yes, then he said his wife also had/has to provide some papers (same Affidavit of Support sponsor did?) which pissed everyone off. He didn't tell them this until friend called. This guy is just wasting their time and money ($1000±). My friend wants to take his case from this attorney and a) do it himself or b) get another attorney.

 

[I (US citizen) married (legally to K-1 visa holder) after my friend did, started AOS waaay after them, and my wife now has the green card. Did everything myself.] I know this stuff now (assumed attorney does too when RFE came), looks like their process is exactly the same as for K-1 (485, 864 forms were sent). I could help him further instead of them wasting money for (another) attorney, but my questions are

1. Will they receive another RFE to get Affidavit of Support from his wife? That's what's needed I think. Their case will expire/annul in 2 weeks if USCIS doesn't receive I-864, but will get more time if another RFE comes.
2. Does this AOS really differ from AOS for K-1?
3. If he takes his case from this attorney can this make things even worse? To me it looks like he will have to start over, but that depends on Q1 from above

4. If he starts over will he need to do medical exam again? was it good for 6mo or 1yr?

 

 

Thanks in advance 

[TL2016 208]

1. Yes. The I-864 is required from both the sponsor and the cosponsor if one is needed, no matter if the wife made no money at all. The most recent tax return or a very solid reason why it wasn't filed is also needed.

2. Not really. The I-130 also needs to be filed in this case and a medical examination needs to be done at one point if he didn't already do it. If there is more to add, I'm certain that someone will point it out. 

3. No. Most of us here do it by themselves. VisaJourney is a DIY site. And if the applicant in question doesn't have any serious criminal offences or other serious issues, a lawyer is almost never needed. 

4. A medical exam can be used for filing for up to one year. If he gets asked for a new one at the interview, then so be it. 

[Vaug21 14]

You don't need to do second medical exam yet, just stop the process with the attorney and do it your selves , me too filled for AOS in FEB all thanks to Visa Journey , My father-in - law direct  us here . So far my Case status for I-485 is ready for interview ,, we did the filing our selves so i would recommend you help him and do it your selves following this Site . Goodluck

[Suss&Camm 2,213]

 

I'll try to make this short as possible

 

The background. My friend first came to the US 4-5 years ago with B1/B2 visa and left before it expired. Some time later he came back with 10yrs visa. With that he was going back-n-forth staying here for a few months (he's a professional fighter contracted with US gym). Eventually he got married here to USC, I know he wasn't supposed to with the type of his visa but what happened, happened. So, they decided to adjust his status with the help of attorney.

 

Now to the topic. They started AOS process not too long after they married. Gathered all documents attorney said and gave to him, he sent to USCIS. In Jan-Feb they got RFE for Affidavit of Support documents - this wasn't included at all. His wife never worked so the sponsor provided all needed docs to attorney which he sent last month. So far they got no response from USCIS. Case status on www.uscis.gov hasn't changed since RFE. Today my friend called attorney to confirm he sent the papers. First he said no, which shocked everyone, but then said yes, then he said his wife also had/has to provide some papers (same Affidavit of Support sponsor did?) which pissed everyone off. He didn't tell them this until friend called. This guy is just wasting their time and money ($1000±). My friend wants to take his case from this attorney and a) do it himself or b) get another attorney.

 

[I (US citizen) married (legally to K-1 visa holder) after my friend did, started AOS waaay after them, and my wife now has the green card. Did everything myself.] I know this stuff now (assumed attorney does too when RFE came), looks like their process is exactly the same as for K-1 (485, 864 forms were sent). I could help him further instead of them wasting money for (another) attorney, but my questions are

1. Will they receive another RFE to get Affidavit of Support from his wife? That's what's needed I think. Their case will expire/annul in 2 weeks if USCIS doesn't receive I-864, but will get more time if another RFE comes.
2. Does this AOS really differ from AOS for K-1?
3. If he takes his case from this attorney can this make things even worse? To me it looks like he will have to start over, but that depends on Q1 from above

4. If he starts over will he need to do medical exam again? was it good for 6mo or 1yr?

 

 

Thanks in advance 

Many people have gotten second RFE's for the i-864. It's not a guarantee - they aren't obliged to send a second one for the same thing, but they often do. They can try to contact USCIS Tier 2 IO by phone - and ask if they can fax it in, to be added to their file, since there is still 2 weeks left. Try to get contact to explain that the documents were meant to be submitted with the other RFE evidence, but that the lawyer missed it.

[Mamed 18]

looks like we just wait for 2nd RFE, and read onto I-130. What's the possibility that we do not need this form - on 1st RFE they didn't ask for it?

[Suss&Camm 2,213]

 

looks like we just wait for 2nd RFE, and read onto I-130. What's the possibility that we do not need this form - on 1st RFE they didn't ask for it?

The i-130 is the underlying petition (compare to i-129f for fiance) that makes him eligible for AOS. He must have an approved petition prior to AOS. They are often sent in together. 

[Mamed 18]

 

Many people have gotten second RFE's for the i-864. It's not a guarantee - they aren't obliged to send a second one for the same thing, but they often do. They can try to contact USCIS Tier 2 IO by phone - and ask if they can fax it in, to be added to their file, since there is still 2 weeks left. Try to get contact to explain that the documents were meant to be submitted with the other RFE evidence, but that the lawyer missed it.

I didn't think of this but sounds as a good point. I'll tell them call on Monday.

[Suss&Camm 2,213]

 

I didn't think of this but sounds as a good point. I'll tell them call on Monday.

Tell them call early, since the Tier 2 IO's will get busy fast. They might have to register for a call back.

Edited May 6, 2017 by Suss&Camm

[Suss&Camm 2,213]

It would probably be a good idea for them to register on VJ themselves.

[Mamed 18]

 

The i-130 is the underlying petition (compare to i-129f for fiance) that makes him eligible for AOS. He must have an approved petition prior to AOS. They are often sent in together. 

Wow! Looks like this guy doesn't know anything about immigration.. We will check that form. Thanks

[Hopeful diva 99]

Doesn't matter what visa one adjusts from. Adjusting via B2 is same as K1. Only difference is that with B2, there is no 90 day marriage requirement. I started my AOS journey via b2.

 

some lawyers are just after money and are not experienced. It may be wise for you to help ur friend in order to save time and further stress. 

[f f 725]

 

Doesn't matter what visa one adjusts from. Adjusting via B2 is same as K1. Only difference is that with B2, there is no 90 day marriage requirement. I started my AOS journey via b2.

 

some lawyers are just after money and are not experienced. It may be wise for you to help ur friend in order to save time and further stress. 

no

with the b1/b2 you need to submit a i130 also and pay the fees. if you married within 90 days on the k1 you do not need the i130 so save some money.

 

good luck