We are worried, should we get a lawyer?

[TangoVictor 37]

I entered the country about a year ago as a student with an F1 visa. My fiance on the other hand is a permanent resident and is about a month short of applying for naturalization. We are both broke college students trying to save every possible penny so we are contemplating the idea of filling out the forms by ourselves and saving the $1400 a lawyer charges. The thing is we are kind of scared, I know every case is different but we feel ours is a little out of the ordinary...

 

We believe these are the "weak" points a lawyer could help us out with:

• We´ve been dating just over 8 months (even though we´re deeply in love and confident of the step we´re taking, it freaks us out that an officer at USCIS would think its fraud)
• We live 40 miles apart and the plan is to move in together at her parents house but this will be 2 months after marriage so I can finish school since I have to be there almost every day. I would sleep at her house on weekends though  Should I still list my address as hers?
• We don´t want to mess up filling out a form, we´ve read so many horror stories about it (i.e. Not typing NA on boxes)
• Her dad is going to sign the affidavit for me, is there a guide on how to do all of this? I´ve found guides for marrying US citizens but what about getting married to a permanent resident?
• My parents won´t be present due to flying restrictions because of COVID

 

So is a lawyer really necessary or do you think we can do this ourselves?

 

Thank you!

 

[mushroomspore 3,044]

17 minutes ago, TangoVictor said:

I entered the country about a year ago as a student with an F1 visa. My fiance on the other hand is a permanent resident and is about a month short of applying for naturalization. We are both broke college students trying to save every possible penny so we are contemplating the idea of filling out the forms by ourselves and saving the $1400 a lawyer charges. The thing is we are kind of scared, I know every case is different but we feel ours is a little out of the ordinary...

 

We believe these are the "weak" points a lawyer could help us out with:

• We´ve been dating just over 8 months (even though we´re deeply in love and confident of the step we´re taking, it freaks us out that an officer at USCIS would think its fraud)
• We live 40 miles apart and the plan is to move in together at her parents house but this will be 2 months after marriage so I can finish school since I have to be there almost every day. I would sleep at her house on weekends though  Should I still list my address as hers?
• We don´t want to mess up filling out a form, we´ve read so many horror stories about it (i.e. Not typing NA on boxes)
• Her dad is going to sign the affidavit for me, is there a guide on how to do all of this? I´ve found guides for marrying US citizens but what about getting married to a permanent resident?
• My parents won´t be present due to flying restrictions because of COVID

 

So is a lawyer really necessary or do you think we can do this ourselves?

 

Thank you!

 

None of your points are red flags.

 

1. They won't care so long as you prove financial comingling, cohabitation or plans to do so if you are already not doing so, and other evidence of a bonafide relationship.

 

2. Again, they won't care and you have legitimate reasons to not be living together right now. Some married couples even live apart during AoS and other immigration processes for work and/or personal reasons. So long as they have evidence that their relationship is still ongoing and bonafide, it's no big deal. You will probably need to list both addresses.

 

3. What "horror stories" have you heard about incorrectly filled-out forms? If something is amiss, they just reject the package, send it back to you and you fix the error and send it back to them. I never filled out "N/A"; I left the boxes empty and there were no issues.

 

4. What affidavit are you specifically referring to in regards to your fiance's father? Just a letter testifying to your relationship or the official I-864 Affidavit of Support?

 

5. Again, why would USCIS care about that? My parents were not present at our courthouse ceremony either. No issues. They only care that marriage is legal (which generally just means they make sure that nobody is committing identity fraud and/or bigamy, which is why they ask if you've been married before and to provide divorce decrees to prove you are free to enter into a new marriage).

 

https://www.uscis.gov/family/family-of-us-citizens/bringing-spouses-to-live-in-the-united-states-as-permanent-residents

 

How long is your F1 student visa valid for? Because you might be better off marrying now and waiting until your spouse becomes a citizen to file I-130/I-485 concurrently. If you marry an LPR, you file I-130 first and then have to wait for a visa number to become available and after THAT, you can file I-485. 

[TangoVictor 37]

1 minute ago, mushroomspore said:

None of your points are red flags.

 

1. They won't care so long as you prove financial comingling, cohabitation or plans to do so if you are already not doing so, and other evidence of a bonafide relationship.

 

2. Again, they won't care and you have legitimate reasons to not be living together right now. Some married couples even live apart during AoS and other immigration processes for work and/or personal reasons. So long as they have evidence that their relationship is still ongoing and bonafide, it's no big deal. You will probably need to list both addresses.

 

3. What "horror stories" have you heard about incorrectly filled-out forms? If something is amiss, they just reject the package, send it back to you and you fix the error and send it back to them. I never filled out "N/A"; I left the boxes empty and there were no issues.

 

4. What affidavit are you specifically referring to in regards to your fiance's father? Just a letter testifying to your relationship or the official I-864 Affidavit of Support?

 

5. Again, why would USCIS care about that? My parents were not present at our courthouse ceremony either. No issues. They only care that marriage is legal (which generally just means they make sure that nobody is committing identity fraud and/or bigamy, which is why they ask if you've been married before and to provide divorce decrees to prove you are free to enter into a new marriage).

 

https://www.uscis.gov/family/family-of-us-citizens/bringing-spouses-to-live-in-the-united-states-as-permanent-residents

 

How long is your F1 student visa valid for? Because you might be better off marrying now and waiting until your spouse becomes a citizen to file I-130/I-485 concurrently. If you marry an LPR, you file I-130 first and then have to wait for a visa number to become available and after THAT, you can file I-485. 

To be honest a lot of what I read in your response gave me peace haha thanks for your response!

3) Basically that they reject packages for stupid reasons (Example)

4) Affidavit of Support

 

My visa expires Oct 31st 2020 but it could be extended 2 more months. After that I could request 6 months of CPT and 12 months of OPT.

I`m no expert on the Visa Bulletin but my understanding is we can submit both forms (I-130 and I-485) at the same time since the date for F2A is current.

[mushroomspore 3,044]

1 minute ago, TangoVictor said:

To be honest a lot of what I read in your response gave me peace haha thanks for your response!

3) Basically that they reject packages for stupid reasons (Example)

4) Affidavit of Support

 

My visa expires Oct 31st 2020 but it could be extended 2 more months. After that I could request 6 months of CPT and 12 months of OPT.

I`m no expert on the Visa Bulletin but my understanding is we can submit both forms (I-130 and I-485) at the same time since the date for F2A is current.

3. I would advise against taking those lawyer websites that seriously. VJ is a much more reliable source because the community is made up of actual immigrants who have gone through the process and are sharing their experiences. Lawyers are looking for money. If USCIS rejects your packet, it's not the end of the world. Plan accordingly. Send it in with enough time to act as a buffer in the scenario they do reject it for some reason and you have enough time to send it back without running into the problem of being out-of-status or anything like that. 

 

4. This is VJ's AoS guide. Read it. It's technically for US citizens and their spouses but the paperwork and process are generally the same. There's also the search bar up top.

 

[SusieQQQ 11,587]

14 minutes ago, TangoVictor said:

 

I`m no expert on the Visa Bulletin but my understanding is we can submit both forms (I-130 and I-485) at the same time since the date for F2A is current.

Yes, you can. Be aware that the situation for the last approx year or so where F2A has been current is pretty unusual historically, and it may not last. I’m not one for hurrying people up to get married for immigration purposes but - don’t delay any more than you need to. No saying when it might retrogress - given this category is currently banned for visa issuance overseas I’d guess in January even though historically that’s more likely in October (start of fiscal year). If it does retrogress to a specific priority date before you have filed, then bear in mind you would either need another valid visa status to remain in the US or you’d need to return to your home country to await visa processing. Unlike what you may have read about for spouses of citizens adjusting, there is no forgiveness for any transgressions for the spouse of a LPR - so any overstay, any unauthorized work etc are all bars to adjustment. You need to stay in status and keep religiously to the rules of your visa until your i485 is accepted. Because of all this, I would not wait for your spouse to get citizenship- depending where she is that could easily take a year or more and I’d suggest you file to adjust ASAP and if she gets citizenship before your process is done, then upgrade.

 

 

[TangoVictor 37]

2 minutes ago, SusieQQQ said:

Yes, you can. Be aware that the situation for the last approx year or so where F2A has been current is pretty unusual historically, and it may not last. I’m not one for hurrying people up to get married for immigration purposes but - don’t delay any more than you need to. No saying when it might retrogress - given this category is currently banned for visa issuance overseas I’d guess in January even though historically that’s more likely in October (start of fiscal year). If it does retrogress to a specific priority date before you have filed, then bear in mind you would either need another valid visa status to remain in the US or you’d need to return to your home country to await visa processing. Unlike what you may have read about for spouses of citizens adjusting, there is no forgiveness for any transgressions for the spouse of a LPR - so any overstay, any unauthorized work etc are all bars to adjustment. You need to stay in status and keep religiously to the rules of your visa until your i485 is accepted. Because of all this, I would not wait for your spouse to get citizenship- depending where she is that could easily take a year or more and I’d suggest you file to adjust ASAP and if she gets citizenship before your process is done, then upgrade.

 

 

Hey Susie, we are trying to avoid a retrogression and also filing after Oct 2 because doing so would increase USCIS fees by $1200 so don´t worry, we will file by the end of this month.

I do have a question though, how do I know when my i485 is accepted? How long does it usually take? I ask this because my  I20 expires on Oct 31st of this year. Would it be enough time or will there be a need of extending my I20? Also should I tell my school that I got married and applied to adjust status or keep it a secret?

[SusieQQQ 11,587]

Just now, TangoVictor said:

Hey Susie, we are trying to avoid a retrogression and also filing after Oct 2 because doing so would increase USCIS fees by $1200 so don´t worry, we will file by the end of this month.

I do have a question though, how do I know when my i485 is accepted? How long does it usually take? I ask this because my  I20 expires on Oct 31st of this year. Would it be enough time or will there be a need of extending my I20? Also should I tell my school that I got married and applied to adjust status or keep it a secret?

They will send you a notice of action to say it’s accepted.

 

Filing i485 doesn’t really change much if you have a valid status, and the usual recommendation is to actually maintain your status if you can - this way if something does goes wrong with the i485 you still have a fallback status and can stay while you sort it out. So in your case I’d keep the student status valid all the way till green card if you can. Generally you would only notify the school when you get your green card. If you get an AoS-based EAD and use it,  then that invalidates any prior status you may have had and rolls you into adjustment pending.