Co-sponsor

[PaulineA 1]

Thank-you, when I first started the AOS process I didn't have a lawyer. I only hired him recently as my paperwork is in my own country and it is meant to be over here. So I was hoping he could sort things out for me. And yes, I did file the Affidavit of Support. So, if my husband had enough in assets, and I had a job to cover the rest of houshold income, would I be able to give them this information at the interveiw, or should I sort that out before hand?

I think for anyone to give you any useful information, you are going to have to explain your situation including your timeline and what you actually filed. If you have sent an I-864 and not heard anything about it, why is that and *where* is it.

You're asking for information that can't sensibly be applied to your situation.

Event Date

US Entry: 2004-12-06

Marriage : 2005-02-14

AOS Filed: 2005-03-12

I-130 Sent : 2005-03-12

I-130 NOA1 : 2005-08-11

I-130 Approved : 2005-09-16

I-485:10-03-05

I-864:04-24-2006

Case complete:07-13-2006

Interview date (London Embassy) 2006-12-05

Even though I filed here in the US my paperwork got sent to the London Embassy, and I didn't know until they sent me an interveiw date for over there. I came on the VWP with no intentions of marrying, however we got married and applied for Aos. My paperwork including the I-864 is still at the London embassy, and my lawyer is trying to get the paperwork for me. I hired the lawyer when I found out what had happened with my paperwork and had no luck getting it back over here on my own. If you need to know anything else that I have not added here please let me know, and thanks for your reply.

[meauxna 15]

Event Date

US Entry: 2004-12-06

Marriage : 2005-02-14

AOS Filed: 2005-03-12

I-130 Sent : 2005-03-12

I-130 NOA1 : 2005-08-11

I-130 Approved : 2005-09-16

I-485:10-03-05

I-864:04-24-2006

Case complete:07-13-2006

Interview date (London Embassy) 2006-12-05

Even though I filed here in the US my paperwork got sent to the London Embassy, and I didn't know until they sent me an interveiw date for over there. I came on the VWP with no intentions of marrying, however we got married and applied for Aos. My paperwork including the I-864 is still at the London embassy, and my lawyer is trying to get the paperwork for me. I hired the lawyer when I found out what had happened with my paperwork and had no luck getting it back over here on my own. If you need to know anything else that I have not added here please let me know, and thanks for your reply.

hi Pauline, thanks for the additional information.

I see that you persist with the myth in your timeline here--that "AOS filed' date coincides with your I-130 submission, but do you see yet that you got a petition for a visa submitted, but you did not file AOS? It's not clear to me yet which part you understand---I bring this up so that you can get the best use from your lawyer.

Filing the I-485 *is* the application to Adjust Status/AOS. Normally that is submitted with ALL the required documents, including your medical exam and your Affidavit of Support I-864. AND your EAD application, which I still am unclear on.

What is it that your lawyer suggests as a course of action? Did he ever suggest that you simply re-file the entire AOS packet and start fresh? You are going to be stuck in nowhereville until you get that I-130 back---I do not think you can use any of the rest of it.

And I'm very curious as to the current status of your I-485. If that is in the US and still active, are you able to file a new I-130 with it, and get an AOS interview underway?

I don't want to repeat a bunch of stuff you already know, but it's not clear to me yet what you know and what you don't.

Finally, if you DO need a Joint Sponsor (not co sponsor), are you prepared for that? Because it appears that that is the quickest way for you to get things moving, unless your husband has sufficient assets to make up for his missing income.

What's the current relationship with the lawyer and what is his current recommendation?

[florida_guy07 0]

Thank-you, when I first started the AOS process I didn't have a lawyer. I only hired him recently as my paperwork is in my own country and it is meant to be over here. So I was hoping he could sort things out for me. And yes, I did file the Affidavit of Support. So, if my husband had enough in assets, and I had a job to cover the rest of houshold income, would I be able to give them this information at the interveiw, or should I sort that out before hand?

I think for anyone to give you any useful information, you are going to have to explain your situation including your timeline and what you actually filed. If you have sent an I-864 and not heard anything about it, why is that and *where* is it.

You're asking for information that can't sensibly be applied to your situation.

Event Date

US Entry: 2004-12-06

Marriage : 2005-02-14

AOS Filed: 2005-03-12

I-130 Sent : 2005-03-12

I-130 NOA1 : 2005-08-11

I-130 Approved : 2005-09-16

I-485:10-03-05

I-864:04-24-2006

Case complete:07-13-2006

Interview date (London Embassy) 2006-12-05

Even though I filed here in the US my paperwork got sent to the London Embassy, and I didn't know until they sent me an interveiw date for over there. I came on the VWP with no intentions of marrying, however we got married and applied for Aos. My paperwork including the I-864 is still at the London embassy, and my lawyer is trying to get the paperwork for me. I hired the lawyer when I found out what had happened with my paperwork and had no luck getting it back over here on my own. If you need to know anything else that I have not added here please let me know, and thanks for your reply.

Wow... weird timeline.

So you filed AOS March, 2005 and then you say you filed I-485 in October, 2005 and then Affidavit of Support April, 2006 ? That's very odd... You can't apply for AOS in march and then I-485 in october... because I-485 is part of AOS, along with I-864 and medical. You can send your I-765 later on, but not the I-485.

Where is your lawyer ? What has he suggested you do ? Have you thought about filing it all again and start from zero ? Are you paying this attorney by the hour ? I am not saying that he is pulling a fast one on you, but has he mentioned to you that if you want you can just start from scratch and file everything all over again ? Look, the time it is taking you to recover and bring your paperwork back to the US, you could have your green card...

Why did you file everything separately ?

Edited April 13, 2007 by florida_guy07

[PaulineA 1]

Event Date

US Entry: 2004-12-06

Marriage : 2005-02-14

AOS Filed: 2005-03-12

I-130 Sent : 2005-03-12

I-130 NOA1 : 2005-08-11

I-130 Approved : 2005-09-16

I-485:10-03-05

I-864:04-24-2006

Case complete:07-13-2006

Interview date (London Embassy) 2006-12-05

Even though I filed here in the US my paperwork got sent to the London Embassy, and I didn't know until they sent me an interveiw date for over there. I came on the VWP with no intentions of marrying, however we got married and applied for Aos. My paperwork including the I-864 is still at the London embassy, and my lawyer is trying to get the paperwork for me. I hired the lawyer when I found out what had happened with my paperwork and had no luck getting it back over here on my own. If you need to know anything else that I have not added here please let me know, and thanks for your reply.

hi Pauline, thanks for the additional information.

I see that you persist with the myth in your timeline here--that "AOS filed' date coincides with your I-130 submission, but do you see yet that you got a petition for a visa submitted, but you did not file AOS? It's not clear to me yet which part you understand---I bring this up so that you can get the best use from your lawyer.

Filing the I-485 *is* the application to Adjust Status/AOS. Normally that is submitted with ALL the required documents, including your medical exam and your Affidavit of Support I-864. AND your EAD application, which I still am unclear on.

What is it that your lawyer suggests as a course of action? Did he ever suggest that you simply re-file the entire AOS packet and start fresh? You are going to be stuck in nowhereville until you get that I-130 back---I do not think you can use any of the rest of it.

And I'm very curious as to the current status of your I-485. If that is in the US and still active, are you able to file a new I-130 with it, and get an AOS interview underway?

I don't want to repeat a bunch of stuff you already know, but it's not clear to me yet what you know and what you don't.

Finally, if you DO need a Joint Sponsor (not co sponsor), are you prepared for that? Because it appears that that is the quickest way for you to get things moving, unless your husband has sufficient assets to make up for his missing income.

What's the current relationship with the lawyer and what is his current recommendation?

At the start of my application I wasn't sure what papers I needed to file for the AOS. I called immigrations here in the States, told them my situation, and they said they would send the relevant paperwork to me. I didn't know that I could apply for an EAD, I thought that I needed the GC to work. But, from what you are saying it sounds as if the AOS is one package, including the application for EAD? I got all the forms sent seperatly. I just hired the lawyer in Feb 2007.

My lawyer did suggest that either I start the process all over again, or I wait until he gets my paperwork from London, and we can continue from there. I said that I would rather continue with my current application as I don't want to pay all the fees over again if it isn't necessary. So, my lawyer is trying to retreive my paperwork from the London embassy. I have no problem withgetting a joint sponsor. The house is bought by my husband, so I gather that is an asset. What value of assets would he need? Thanks Meauxna.

[PaulineA 1]

Thank-you, when I first started the AOS process I didn't have a lawyer. I only hired him recently as my paperwork is in my own country and it is meant to be over here. So I was hoping he could sort things out for me. And yes, I did file the Affidavit of Support. So, if my husband had enough in assets, and I had a job to cover the rest of houshold income, would I be able to give them this information at the interveiw, or should I sort that out before hand?

I think for anyone to give you any useful information, you are going to have to explain your situation including your timeline and what you actually filed. If you have sent an I-864 and not heard anything about it, why is that and *where* is it.

You're asking for information that can't sensibly be applied to your situation.

Event Date

US Entry: 2004-12-06

Marriage : 2005-02-14

AOS Filed: 2005-03-12

I-130 Sent : 2005-03-12

I-130 NOA1 : 2005-08-11

I-130 Approved : 2005-09-16

I-485:10-03-05

I-864:04-24-2006

Case complete:07-13-2006

Interview date (London Embassy) 2006-12-05

Even though I filed here in the US my paperwork got sent to the London Embassy, and I didn't know until they sent me an interveiw date for over there. I came on the VWP with no intentions of marrying, however we got married and applied for Aos. My paperwork including the I-864 is still at the London embassy, and my lawyer is trying to get the paperwork for me. I hired the lawyer when I found out what had happened with my paperwork and had no luck getting it back over here on my own. If you need to know anything else that I have not added here please let me know, and thanks for your reply.

Wow... weird timeline.

So you filed AOS March, 2005 and then you say you filed I-485 in October, 2005 and then Affidavit of Support April, 2006 ? That's very odd... You can't apply for AOS in march and then I-485 in october... because I-485 is part of AOS, along with I-864 and medical. You can send your I-765 later on, but not the I-485.

Where is your lawyer ? What has he suggested you do ? Have you thought about filing it all again and start from zero ? Are you paying this attorney by the hour ? I am not saying that he is pulling a fast one on you, but has he mentioned to you that if you want you can just start from scratch and file everything all over again ? Look, the time it is taking you to recover and bring your paperwork back to the US, you could have your green card...

Why did you file everything separately ?

My lawyer is in Upstate NY. He suggested that I can either re file or, start from where I left off when he receives my paperwork back from the Embassy in London, which he is in the process of doing at the moment. I said I would rather start from where I left off as I would have to pay all the fees over again. I have paid him $1700 for a retainer, he will work on my case for 8 hours.

I didn't have the lawyer at the start of my application, I just hired him recently. I called immigrations here and told them what my situation was, they then sent the paperwork to me, but not all at once. That is why it is filed seperatly, because they sent the paperwork to me that way. From what I understand now though, it should all of come to me as one package? Anyway, thanks for your input.

[meauxna 15]

At the start of my application I wasn't sure what papers I needed to file for the AOS. I called immigrations here in the States, told them my situation, and they said they would send the relevant paperwork to me. I didn't know that I could apply for an EAD, I thought that I needed the GC to work. But, from what you are saying it sounds as if the AOS is one package, including the application for EAD? I got all the forms sent seperatly. I just hired the lawyer in Feb 2007.

My lawyer did suggest that either I start the process all over again, or I wait until he gets my paperwork from London, and we can continue from there. I said that I would rather continue with my current application as I don't want to pay all the fees over again if it isn't necessary. So, my lawyer is trying to retreive my paperwork from the London embassy. I have no problem withgetting a joint sponsor. The house is bought by my husband, so I gather that is an asset. What value of assets would he need? Thanks Meauxna.

Pauline, here are some general thoughts; I hope they are useful to you.

#1: Stop calling USCIS for help. They have proved very unreliable in the past, even if you already know what questions you want to ask. You do not know what questions to ask, and you got very bad information for your situation.

#2: Start reading. You are still misinformed about what you were "supposed" to do, what is the normal way to adjust status, and what are reasonable timelines. I recommend that you read everything you can in the VJ Guides (blue tabs, top of the page) and at uscis.gov about Adjusting Status.

Frankly, you've been out of status for a couple of years. That puts your every day activities, your relationship, your income, everything really--in jeopardy. You really need to light a fire under this, in my opinion. I don't want you to be scared, but I do want you to understand that you're vulnerable right now.

Very briefly, to file AOS:

Petition I-130

Application to AOS I-485

Affidavit of Support I-864

Application to work/EAD I-765

(there are several attachments to all of these)

This entire package is filed inside the US, to the Chicago Lockbox, all together, at one time. Had you done this correctly at the time, you'd probably have your Green Card by now.

It will take a long time to get your paperwork back from London, if it is at all possible. What I am curious about are any fees paid to the NVC---have you kept track of what money you have sent where?

Has your lawyer discussed what might happen if you leave the US right now?

I'm of the *opinion* based on what you've written, that you would be best served by starting a new filing and getting this done ASAP. Refiling now will also allow you to get a work permit about 90 days from refiling--if you need income, this is a priority. If you are going to try to stick with your old case and getting everything back to the US AND matched up (a very optimistic hope IMO) you are going to have to face the consequence of NOT being allowed to work for a longer time than if you refiled and the questions you are asking now are very premature.

The question still remains: what happened to the I-485 you filed before? Can you add an I-130 (new) to that? Was it discarded, denied, what?

What's your husband's opinion on all this? What specifically has your lawyer said he could do for you and how long has he been "trying" to get your papers back from London?

Edited April 13, 2007 by meauxna

[PaulineA 1]

At the start of my application I wasn't sure what papers I needed to file for the AOS. I called immigrations here in the States, told them my situation, and they said they would send the relevant paperwork to me. I didn't know that I could apply for an EAD, I thought that I needed the GC to work. But, from what you are saying it sounds as if the AOS is one package, including the application for EAD? I got all the forms sent seperatly. I just hired the lawyer in Feb 2007.

My lawyer did suggest that either I start the process all over again, or I wait until he gets my paperwork from London, and we can continue from there. I said that I would rather continue with my current application as I don't want to pay all the fees over again if it isn't necessary. So, my lawyer is trying to retreive my paperwork from the London embassy. I have no problem withgetting a joint sponsor. The house is bought by my husband, so I gather that is an asset. What value of assets would he need? Thanks Meauxna.

Pauline, here are some general thoughts; I hope they are useful to you.

#1: Stop calling USCIS for help. They have proved very unreliable in the past, even if you already know what questions you want to ask. You do not know what questions to ask, and you got very bad information for your situation.

#2: Start reading. You are still misinformed about what you were "supposed" to do, what is the normal way to adjust status, and what are reasonable timelines. I recommend that you read everything you can in the VJ Guides (blue tabs, top of the page) and at uscis.gov about Adjusting Status.

Frankly, you've been out of status for a couple of years. That puts your every day activities, your relationship, your income, everything really--in jeopardy. You really need to light a fire under this, in my opinion. I don't want you to be scared, but I do want you to understand that you're vulnerable right now.

Very briefly, to file AOS:

Petition I-130

Application to AOS I-485

Affidavit of Support I-864

Application to work/EAD I-765

(there are several attachments to all of these)

This entire package is filed inside the US, to the Chicago Lockbox, all together, at one time. Had you done this correctly at the time, you'd probably have your Green Card by now.

It will take a long time to get your paperwork back from London, if it is at all possible. What I am curious about are any fees paid to the NVC---have you kept track of what money you have sent where?

Has your lawyer discussed what might happen if you leave the US right now?

I'm of the *opinion* based on what you've written, that you would be best served by starting a new filing and getting this done ASAP. Refiling now will also allow you to get a work permit about 90 days from refiling--if you need income, this is a priority. If you are going to try to stick with your old case and getting everything back to the US AND matched up (a very optimistic hope IMO) you are going to have to face the consequence of NOT being allowed to work for a longer time than if you refiled and the questions you are asking now are very premature.

The question still remains: what happened to the I-485 you filed before? Can you add an I-130 (new) to that? Was it discarded, denied, what?

What's your husband's opinion on all this? What specifically has your lawyer said he could do for you and how long has he been "trying" to get your papers back from London?

Hi Meauxna,

I also tried getting in touch with the American Embassy in London myself before I hired the lawyer. I hired the lawyer Feb 2007. I found a phone number on the London Embassy website, but I couldn't call it from the US. I did get a number for general information and they gave me the e-mail address, but the e-mail didn't go through. I tried faxing them, that didn't work. So, I sent 2 letters to the Embassy in London, 3 months later I get a reply from them saying, thanks for letting us know and you should adjust status in the US (Like I didn't know that already). After that is when I contacted a lawyer.

I know, I have been out of status for a while having to deal with all of this, and I am trying to get that sorted as soon as possible. I have to wait on my lawyer getting his act together now. He sent me forms to sign, to give him consent to pursue my case. Then he sent me a form to apply for a work permit. He says he won't put in the application until he gets my paperwork back though. I defenetly need to work as soon as possible. It would be a good idea to file all over again, then I would be able to work sooner. But, what about all the fees I've paid already? I have receipts and they were paid by check, so I have proof of payment.

And yes, my lawyer said if I were to leave the country then I would be barred from re-entry for 10 years. The I-485 that I sent was approved. I'm not sure about adding a new I-130 to it. Although my husband is obviously the petitioner I am the one that has been dealing with this mostly. He is obviously as anxious as I am to get things sorted out especially since he cannot work as he is partially disabled. Well, thanks for the information it is useful.

[Kez/JWolf 6]

The I-485 that I sent was approved. I'm not sure about adding a new I-130 to it.

You say your I-485 was approved did you go for an interview and get approved???

You seem to be a bit messed up with your application... if I were you I would forget what has gone before and file from fresh, sending all the forms to the right place... put down the loss of fees as a bad expirence and move on...

Kez

P.S other questions that come to mind....

1. do you have the approval letter for the I-130?

2. have you recieved a reciept for I-485?

3. which office sent the reciept (if you have got one)

Edited April 13, 2007 by Niagaenola

[florida_guy07 0]

Thank-you, when I first started the AOS process I didn't have a lawyer. I only hired him recently as my paperwork is in my own country and it is meant to be over here. So I was hoping he could sort things out for me. And yes, I did file the Affidavit of Support. So, if my husband had enough in assets, and I had a job to cover the rest of houshold income, would I be able to give them this information at the interveiw, or should I sort that out before hand?

I think for anyone to give you any useful information, you are going to have to explain your situation including your timeline and what you actually filed. If you have sent an I-864 and not heard anything about it, why is that and *where* is it.

You're asking for information that can't sensibly be applied to your situation.

Event Date

US Entry: 2004-12-06

Marriage : 2005-02-14

AOS Filed: 2005-03-12

I-130 Sent : 2005-03-12

I-130 NOA1 : 2005-08-11

I-130 Approved : 2005-09-16

I-485:10-03-05

I-864:04-24-2006

Case complete:07-13-2006

Interview date (London Embassy) 2006-12-05

Even though I filed here in the US my paperwork got sent to the London Embassy, and I didn't know until they sent me an interveiw date for over there. I came on the VWP with no intentions of marrying, however we got married and applied for Aos. My paperwork including the I-864 is still at the London embassy, and my lawyer is trying to get the paperwork for me. I hired the lawyer when I found out what had happened with my paperwork and had no luck getting it back over here on my own. If you need to know anything else that I have not added here please let me know, and thanks for your reply.

Wow... weird timeline.

So you filed AOS March, 2005 and then you say you filed I-485 in October, 2005 and then Affidavit of Support April, 2006 ? That's very odd... You can't apply for AOS in march and then I-485 in october... because I-485 is part of AOS, along with I-864 and medical. You can send your I-765 later on, but not the I-485.

Where is your lawyer ? What has he suggested you do ? Have you thought about filing it all again and start from zero ? Are you paying this attorney by the hour ? I am not saying that he is pulling a fast one on you, but has he mentioned to you that if you want you can just start from scratch and file everything all over again ? Look, the time it is taking you to recover and bring your paperwork back to the US, you could have your green card...

Why did you file everything separately ?

My lawyer is in Upstate NY. He suggested that I can either re file or, start from where I left off when he receives my paperwork back from the Embassy in London, which he is in the process of doing at the moment. I said I would rather start from where I left off as I would have to pay all the fees over again. I have paid him $1700 for a retainer, he will work on my case for 8 hours.

I didn't have the lawyer at the start of my application, I just hired him recently. I called immigrations here and told them what my situation was, they then sent the paperwork to me, but not all at once. That is why it is filed seperatly, because they sent the paperwork to me that way. From what I understand now though, it should all of come to me as one package? Anyway, thanks for your input.

Dont feel bad for not having an attorney in the beginning or for doing things "wrong" before... you know why ? First, because I dont think most people need an attorney to file for AOS and because I'm sure it is more common than we know of or hear about. I am sure a lot of people send applications everywhere...

The good thing is it can be fixed.

I am intrigued by one of the things you said, you said you didn't want to spend money on the fees again, but yet you hired an attorney for $1,700 just for him to TRY to get your paperwork back. With $1,700, you very well might've been able to pay him to fill out all the forms for you and pay all the fees to the USCIS, plus things would be moving along much faster than they are now.

So you should seriously consider re-applying and starting from ZERO... Call your attorney and check if that's an option at this point and if it is, seriously consider it. Especially now that all USCIS fees are going to be increased within the next couple months... and if you do decide to re-apply, we can tell you what forms you need to file and help you through it, but you have to feel like you will be able to do it, it is not hard but it is time consuming and can be frustrating, but it is all worth it in the end. I feel as though you are fighting a lost battle... you are not even sure if you will be able to get your paperwork back.

Do some research, there are guides in the website that you can read, make yourself familiar with all the terms used NOA, AOS, EAD, USCIS. Read instructions for all the forms you will be using... I-485, I-765, I-864, G325A....

and if you have ANY questions, let us know.

Good luck.

[meauxna 15]

The I-485 that I sent was approved.

I don't understand how this is possible, are you sure? An approved I-485 + approved I-130 = Permanent Resident. If this were true, you would have a Green Card.

It's a good point made about not dallying too long---the fee increases are substantial.

The fastest way you're going to be able to work, now, based on what you've said, is 90 days from the day you get an I-485+I-765 submitted with evidence of your I-130 filing.

And please answer the questions about the NVC fees.. you would surely remember the $380 + $70 (visa fee + I-864 fee).

Of course if you leave to go get the Immigrant Visa, you face the 10 year ban now. You then pay a lawyer more money to write your waiver request.. oy.

[PaulineA 1]

The I-485 that I sent was approved. I'm not sure about adding a new I-130 to it.

You say your I-485 was approved did you go for an interview and get approved???

You seem to be a bit messed up with your application... if I were you I would forget what has gone before and file from fresh, sending all the forms to the right place... put down the loss of fees as a bad expirence and move on...

Kez

P.S other questions that come to mind....

1. do you have the approval letter for the I-130?

2. have you recieved a reciept for I-485?

3. which office sent the reciept (if you have got one)

Yes I have the approval letter for the I-130, from VSC. I haven't had an interview, I explained before that they sent me an interveiw date for London instead of over here. I just thought when they sent me a letter saying that they were beginning the next stage that all of my forms have been approved. I gather now though that the I-485 is approved at the interveiw? Sorry for being so confused over this, I thought I had done it all correct.

[Kez/JWolf 6]

If you have an approval letter for the I-130 then you can send that along with new I-485 and save some money... it would still be valid...

I feer you are throwing good money after bad by trying to get a lawyer to get the paperwork back from London... you would be better off filing for your AOS(I-485) including a copy of the approved I-130 and getting this mess sorted out...

Kez

[meauxna 15]

I gather now though that the I-485 is approved at the interveiw? Sorry for being so confused over this, I thought I had done it all correct.

Pauline,

There are 2 ways to become a Permanent Resident thru your marriage to a USC.

1-Apply for an Immigrant Visa (visa are issued outside the US) and come to the US.

2-Apply for Adjustment of Status from one non-immigrant status (tourist in your case) to PR.

The result of the two is the same, but the method is completely different. You have now blended two totally separate processes, two departments of the US gov't and will slowly get nowhere (like you are).

The I-130 is used for BOTH these methods.

I-485 can ONLY be submitted, adjudicated (decided) and interviewd for INSIDE the US.

Have you ever signed up to track your cases online at uscis.gov ?

[PaulineA 1]

Thank-you, when I first started the AOS process I didn't have a lawyer. I only hired him recently as my paperwork is in my own country and it is meant to be over here. So I was hoping he could sort things out for me. And yes, I did file the Affidavit of Support. So, if my husband had enough in assets, and I had a job to cover the rest of houshold income, would I be able to give them this information at the interveiw, or should I sort that out before hand?

I think for anyone to give you any useful information, you are going to have to explain your situation including your timeline and what you actually filed. If you have sent an I-864 and not heard anything about it, why is that and *where* is it.

You're asking for information that can't sensibly be applied to your situation.

Event Date

US Entry: 2004-12-06

Marriage : 2005-02-14

AOS Filed: 2005-03-12

I-130 Sent : 2005-03-12

I-130 NOA1 : 2005-08-11

I-130 Approved : 2005-09-16

I-485:10-03-05

I-864:04-24-2006

Case complete:07-13-2006

Interview date (London Embassy) 2006-12-05

Even though I filed here in the US my paperwork got sent to the London Embassy, and I didn't know until they sent me an interveiw date for over there. I came on the VWP with no intentions of marrying, however we got married and applied for Aos. My paperwork including the I-864 is still at the London embassy, and my lawyer is trying to get the paperwork for me. I hired the lawyer when I found out what had happened with my paperwork and had no luck getting it back over here on my own. If you need to know anything else that I have not added here please let me know, and thanks for your reply.

Wow... weird timeline.

So you filed AOS March, 2005 and then you say you filed I-485 in October, 2005 and then Affidavit of Support April, 2006 ? That's very odd... You can't apply for AOS in march and then I-485 in october... because I-485 is part of AOS, along with I-864 and medical. You can send your I-765 later on, but not the I-485.

Where is your lawyer ? What has he suggested you do ? Have you thought about filing it all again and start from zero ? Are you paying this attorney by the hour ? I am not saying that he is pulling a fast one on you, but has he mentioned to you that if you want you can just start from scratch and file everything all over again ? Look, the time it is taking you to recover and bring your paperwork back to the US, you could have your green card...

Why did you file everything separately ?

My lawyer is in Upstate NY. He suggested that I can either re file or, start from where I left off when he receives my paperwork back from the Embassy in London, which he is in the process of doing at the moment. I said I would rather start from where I left off as I would have to pay all the fees over again. I have paid him $1700 for a retainer, he will work on my case for 8 hours.

I didn't have the lawyer at the start of my application, I just hired him recently. I called immigrations here and told them what my situation was, they then sent the paperwork to me, but not all at once. That is why it is filed seperatly, because they sent the paperwork to me that way. From what I understand now though, it should all of come to me as one package? Anyway, thanks for your input.

Dont feel bad for not having an attorney in the beginning or for doing things "wrong" before... you know why ? First, because I dont think most people need an attorney to file for AOS and because I'm sure it is more common than we know of or hear about. I am sure a lot of people send applications everywhere...

The good thing is it can be fixed.

I am intrigued by one of the things you said, you said you didn't want to spend money on the fees again, but yet you hired an attorney for $1,700 just for him to TRY to get your paperwork back. With $1,700, you very well might've been able to pay him to fill out all the forms for you and pay all the fees to the USCIS, plus things would be moving along much faster than they are now.

So you should seriously consider re-applying and starting from ZERO... Call your attorney and check if that's an option at this point and if it is, seriously consider it. Especially now that all USCIS fees are going to be increased within the next couple months... and if you do decide to re-apply, we can tell you what forms you need to file and help you through it, but you have to feel like you will be able to do it, it is not hard but it is time consuming and can be frustrating, but it is all worth it in the end. I feel as though you are fighting a lost battle... you are not even sure if you will be able to get your paperwork back.

Do some research, there are guides in the website that you can read, make yourself familiar with all the terms used NOA, AOS, EAD, USCIS. Read instructions for all the forms you will be using... I-485, I-765, I-864, G325A....

and if you have ANY questions, let us know.

Good luck.

Hi,

I hired the attorney as I thought that would be the best thing to do as I really didn't know what else to do. In my opinion I didn't have a choice at the time, and I'm so frustrated trying to get things sorted out that I would rather have someone else help me, do all the contacting e.tc. I didn't want to hire a lawyer believe me, but I felt like a couldn't work it out on my own. This is such a headache for me trying to sort it all out. Maybe I should have just gotten him to re-apply for me, but from the way he was talking it would have cost a lot more money. He charges $225 an hour. I know it will still be an option, if I were to call him and ask him to re-apply for me. I'm going to call him anyway and find out if he's any further forward as I haven't heard from him in a few weeks. Thanks for your reply it makes me feel a little better that people on VJ are willing to help me. And for free too! Lol

[PaulineA 1]

OK, I just spoke to my lawyer on the phone and mentioned to him about starting from scratch and re-applying. He said to save me money on fees again he is going to try and get in touch with the London Embassy. And if I re- apply then I will be at the bottom of the application process again. I said that if we re-applied then I would get my EAD a lot quicker, which I need as soon as possible. He is sending a letter to London, and sending me a copy of the letter, and he is going to call them on monday. He suggested that I wait 30 days to see if it can be resolved the way he is dealing with it now. If nothing is happening in this route then we shall re-apply.