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jest3rrr

Lawyer? AoS F1-Visa + withdrawal of I-130 relative

By jest3rrr in Adjustment of Status from Work, Student, & Tourist Visas

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jest3rrr Newbie

jest3rrr   0

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Hi all, 

 

I am a US citizen recently married to my wife who has a F-1 visa. We are in the process of filing for the GC, however, I recently found out that my mother-in-law (who currently is a permanent resident in the US with GC for 4+ years), filed an I-130 petition for alien relative for my wife 3 years ago. My wife was 21+ at the time. 

 

The I-130 petition for alien relative has not been approved yet and status is "actively reviewing your Form I-130".  Other than this, we both do not have any criminal records or any alarming notes. 

 

I have consulted a lawyer and it will cost $4,000+ (does not include government fees) for the filing of the GC. The lawyer was most concerned about a denial from the I-130 petition for relative and that it would affect future processes. 

I have already filled out all the forms required to submit for GC prior to this situation.

 

So my question is does this situation require a lawyer? 

If I file on my own, do I withdraw the previous I-130 and then submit paperwork for GC? If I go this way, how long do I wait in between.

 

Thank you all

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powerpuff Veteran

powerpuff   6,713

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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A person can have multiple I-130s pending from different family members, it’s not an issue. Sounds like the lawyer really wanted that 4k

 

6 minutes ago, jest3rrr said:

do I withdraw the previous I-130 and then submit paperwork for GC

Do you mean your mother in law? You can’t withdraw her petition.

 

Anyway, it is not required, you can file today if you choose to. As I mentioned, a person can have several I-130s form various family members, it’s not an issue at all.

 

 

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Crazy Cat Grand Master

Crazy Cat   41,904

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Filed: Citizen (apr) Country: Taiwan
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31 minutes ago, jest3rrr said:

Hi all, 

 

I am a US citizen recently married to my wife who has a F-1 visa. We are in the process of filing for the GC, however, I recently found out that my mother-in-law (who currently is a permanent resident in the US with GC for 4+ years), filed an I-130 petition for alien relative for my wife 3 years ago. My wife was 21+ at the time. 

 

The I-130 petition for alien relative has not been approved yet and status is "actively reviewing your Form I-130".  Other than this, we both do not have any criminal records or any alarming notes. 

 

I have consulted a lawyer and it will cost $4,000+ (does not include government fees) for the filing of the GC. The lawyer was most concerned about a denial from the I-130 petition for relative and that it would affect future processes. 

I have already filled out all the forms required to submit for GC prior to this situation.

 

So my question is does this situation require a lawyer? 

If I file on my own, do I withdraw the previous I-130 and then submit paperwork for GC? If I go this way, how long do I wait in between.

 

Thank you all

The I-130 filed by your wife's mother is irrelevant to your I-130 for your spouse.  Disregard it.  Sounds like the attorney is trying to scare you into hiring him/her.  Just follow this guide.  From what you posted, an attorney is not needed:

 

Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US - US Immigration & Visa Guides - VisaJourney

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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jest3rrr Newbie

jest3rrr   0

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Thanks. And yes I meant for the mother-in-law or my wife to withdraw the petition.

 

On 5/31/2023 at 4:33 PM, powerpuff said:

A person can have multiple I-130s pending from different family members, it’s not an issue. Sounds like the lawyer really wanted that 4k

 

Do you mean your mother in law? You can’t withdraw her petition.

 

Anyway, it is not required, you can file today if you choose to. As I mentioned, a person can have several I-130s form various family members, it’s not an issue at all.

 

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jest3rrr Newbie

jest3rrr   0

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On 5/31/2023 at 4:56 PM, Crazy Cat said:

The I-130 filed by your wife's mother is irrelevant to your I-130 for your spouse.  Disregard it.  Sounds like the attorney is trying to scare you into hiring him/her.  Just follow this guide.  From what you posted, an attorney is not needed:

 

Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US - US Immigration & Visa Guides - VisaJourney

Thank you for the link and information! The link you provided is the guide I have been following. I just cant seem to persuade my wife that we do not need a lawyer. 

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Crazy Cat Grand Master

Crazy Cat   41,904

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Filed: Citizen (apr) Country: Taiwan
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32 minutes ago, jest3rrr said:

I just cant seem to persuade my wife that we do not need a lawyer. 

OK.  She will be paying about $2000+ for her peace of mind.  Good luck.  She is free to join us here on VJ.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Boiler Grand Master

Boiler   45,559

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Filed: K-1 Visa Country: Wales
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Most people DIY

 

Lawyer costs are around 5k

 

Your call

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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