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Posted

Me and my fiance are still deciding whether to get a lawyer for the K1. We wont be applying for the K1 untill im divorced which should around end of January 2008. If it was just a straight forward K1 with no red flags we would do it ourselves no problem. At the moment i am still married to a US citizen and applied for AOS on the VWP in Feb 2006. Yep i know, dumb thing to do but mistakes are mistakes and ive learnt from them. Were just worried that this may cause a problem when we apply for the K1. Can anyone recommend a good immigration lawyer in the US? Going by what ive seen on the forums they dont have a good track record.

Thanks

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Posted
Was your adjustment granted?

I arrived in the States Nov 19th 2005. Married 9th January. sent in my AOS around end of Jan but left 22nd March 2006 as i found out there was lot of lies from my partner, plus my mother was gravely ill in Scotland. I dont blame her, just myself for not looking into immigration more and not seeing the signs of what a sham it was. My intentions when i arrived was not to immigrate to the states. So my adjustment wasnt granted as i left approx 6 weeks after i applied. Its a tricky one and im at 2 minds whether to get an immigration lawyer if there is good ones out there as there maybe a few red flags raised.

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Posted
Was your adjustment granted?

I arrived in the States Nov 19th 2005. Married 9th January. sent in my AOS around end of Jan but left 22nd March 2006 as i found out there was lot of lies from my partner, plus my mother was gravely ill in Scotland. I dont blame her, just myself for not looking into immigration more and not seeing the signs of what a sham it was. My intentions when i arrived was not to immigrate to the states. So my adjustment wasnt granted as i left approx 6 weeks after i applied. Its a tricky one and im at 2 minds whether to get an immigration lawyer if there is good ones out there as there maybe a few red flags raised.

We've just came from an immigration lawyer's office and feel totally ripped off, (luckily only $100 consultation fee). We chose an AILA registered attorney, the only one we could find in Milwaukee, and we knew far more about the process than she did. I'm sure there are good lawyers out there, no idea how to tell which are good or bad though. Maybe personal recommendation is the best way to find a good lawyer? We'll be sticking to this site, government sites and other reference sites in future.

I-130

Met in the US: 2002

Married : 2007-08-03

I-130 Sent : 2007-08-13

I-130 NOA1 : 2007-09-26

Abandoned application and OH moved to the UK.

April 2009 starting all over again DCF this time.

Marriage : 2007-08-03

I-130 Sent : 2009-05-02

I-130 NOA1 : 2009-05-06 (no receipt received this is the date the money was taken from credit card)

RFE: 2009-06-02. Credit card receipts and dreaded RFE's.

RFE replied to: 2009-06-04. Hoping they have everything they need

NOA2 approved: 2009-06-11.

NOA2 received: 2009-06-15.

Packet 3 received: 2009-06-17.

Packet 3 returned: 2009-06-17.

Medical booked for July 13th.

Medical done, passed pending xray and blood tests.

July 13th: Still waiting for interview date...phoned DOS and they said everything is in order and we're eligible for an interview and to be patient...back to waiting.

Called DOS again 17th July, they said we have an interview date whoop!!

Interview: July 29th (hubby's birthday) WOOHOO!! Visa approved

SMS message 31st July saying visa will be delivered on Monday.

August 1st: Visa here!!!! whoop whoop!

So much left to do...but the worst is over :)

September 14th: POE Chicago

Posted
So you overstayed on the VWP and got denied AOS? Wow, you definitely need a lawyer for that one hun.

I haven't used one myself, so I can't recommend one. I hope you find someone that can. Good luck!

I wasnt denied. When i arrived back in Scotland i wrote a letter to the USCIS formally withdrawing my status as my marriage was a farce, dont know if farce is the right word to use lol but it near enough.

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Filed: Timeline
Posted
So you overstayed on the VWP and got denied AOS? Wow, you definitely need a lawyer for that one hun.

I haven't used one myself, so I can't recommend one. I hope you find someone that can. Good luck!

I wasnt denied. When i arrived back in Scotland i wrote a letter to the USCIS formally withdrawing my status as my marriage was a farce, dont know if farce is the right word to use lol but it near enough.

I see. But you still overstayed on the VWP correct? For that alone, not to mention having a current US spouse and what you had to do, you'll need a lawyer I would think. I wish you all the best! (F)

Posted
Me and my fiance are still deciding whether to get a lawyer for the K1. We wont be applying for the K1 untill im divorced which should around end of January 2008. If it was just a straight forward K1 with no red flags we would do it ourselves no problem. At the moment i am still married to a US citizen and applied for AOS on the VWP in Feb 2006. Yep i know, dumb thing to do but mistakes are mistakes and ive learnt from them. Were just worried that this may cause a problem when we apply for the K1. Can anyone recommend a good immigration lawyer in the US? Going by what ive seen on the forums they dont have a good track record.

Thanks

I would recommend you to use a lawyer. As I can read your case is a little bit confusing and needs a third eye who knows the immigration rules. :unsure:

I can't recommend any lawyer for you ,since I live in California and very much to far away from you

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Mike and Anettedk04.gif

Status:

03-07-07 Anette arrived in San Diego on a K-1 Visa

04-04-07 Married in Las Vegas

lovebirds.gif

AOS

06-01-07 Mailed AOS/AP to NBC

06-12-07 Recieved NOA by mail for AOS

07-10-07 Biometric appointment for AOS

08-03-07 AOS touched after they recieved RFE

08-14-07 Approval notice on AP is sent

08-18-07 Approval notice on AP recieved

09-07-07 Recieved Interview date by mail

10-23-07 AOS Interview / Approved

10-24-07 Card production ordered

10-29-07 Welcome Letter recieved

11-02-07 Greencard recieved

Remove Condition

08-05-09 Mailed I-751 to CSC

08-10-09 NOA1 Receipt date

08-15-09 Recieved NOA1 by mail

08-20-09 Recieved BIO date by mail

09-04-09 Biometric Appointment

09-08-09 Touch

11-25-09 Card production ordered

12-03-09 Approval Letter recieved

12-04-09 Greencard recieved

Filed: Other Timeline
Posted
So you overstayed on the VWP and got denied AOS? Wow, you definitely need a lawyer for that one hun.

I haven't used one myself, so I can't recommend one. I hope you find someone that can. Good luck!

I wasnt denied. When i arrived back in Scotland i wrote a letter to the USCIS formally withdrawing my status as my marriage was a farce, dont know if farce is the right word to use lol but it near enough.

I see. But you still overstayed on the VWP correct? For that alone, not to mention having a current US spouse and what you had to do, you'll need a lawyer I would think. I wish you all the best! (F)

If I read the post correctly, he married within less than two months of his arrival. He filed for adjustment shortly after, then left the country. All toll it looks like WW was here barely four months. And he claims to have officially abandoned his adjustment with a letter to USCIS after his return to the UK.

I don't know if any of this is an overstay. I extremely doubt it - and if it is, it certainly isn't enough to incur any bars or bans.

Still wouldn't hurt to speak to a competent immigration attorney about how to address the previous marriage and I485 petition. On the surface, neither sound like zingers to me. But we readers never know the whole story. A consultation wouldn't hurt WW one bit.

Filed: K-1 Visa Country: England
Timeline
Posted

This website is far better than any lawyer...they are basically charging you big money to file your paper work for you...of which you still have to get organized yourself anyway. Unless your case is going to be pretty complicated, you can get all the guidance you need right here in my opinion. And if it gets sticky, you can always call your local congressman to prod the process along.

K-1 AOS

02/03/06: Met in Mexico!

04/25/08: Sarah entered US @ Dallas POE - NO PROBLEMS!

05/23/08: Applied for SS#

05/23/08: Marriage License

05/30/08: Received SS card

06/07/08: Wedding

06/20/08: Applied for new SS# with married name

06/27/08: Received new SS card with married name

06/30/08: I-485 AOS packet sent to Chicago

07/01/08: I-485 AOS packet received by CHIBA/RECEPTION (1 day)

07/08/08: I-485 check cashed by USCIS (9 days)

07/11/08: Received NOA's - 4 letters - I-485 NOA, EAD NOA, AP NOA, Biometrics Appt. (12 days)

07/29/08: Biometrics Appt. 11am (30 days)

07/29/08: I-485 Application transferred to CSC (30 days)

08/04/08: Received Transfer Notice in mail from CSC (36 days)

09/03/08: Touched - Email - I-485 AOS Card Production Ordered (66 days)

09/04/08: Touched - Email - Notice mailed welcoming new permanent resident (67 days)

09/04/08: Received AP in the mail (67 days)

09/05/08: Touched - Email - EAD approved (68 days)

09/08/08: Received EAD in the mail (71 days)

09/09/08: Touched - Email - I-485 AOS Approval Notice Sent (72 days)

09/09/08: Received notice in the mail welcoming new permanent resident (72 days)

09/10/08: Received GREEN CARD in th email (73 days)

Filed: Citizen (apr) Country: Jamaica
Timeline
Posted
This website is far better than any lawyer...they are basically charging you big money to file your paper work for you...of which you still have to get organized yourself anyway. Unless your case is going to be pretty complicated, you can get all the guidance you need right here in my opinion. And if it gets sticky, you can always call your local congressman to prod the process along.

I agree. I regret using a lawyer on my husband's I-130. It was a waste of our time and money; I think that the lack of urgency on our attorney's part slowed up the process considerably for us. If your case is not complicated, I would stick with VJ and work through the process. I would tell my attorney what to expect based on the information I got here on VJ :yes:

I-130 for husband - see TIMELINE

10/23/2007 - Receive SSC (took 9 days from POE)

12/04/2007 - Receive Welcome Letter

12/14/2007 - Received 2nd Welcome Letter and Green card!!!

======================================================

N-400

09/21/2010 - Mailed application to Lewisville TX location

09/23/2010 - Information input in the system/check cashed

09/29/2010 - N-400 receipt received

09/30/2010 - RFE mailed

10/15/2010 - Biometrics appt (@8am) YAY!!!!

11/20/2010 - Received the yellow letter (dated 11/17/2010)

11/30/2010 - Case moved to the Testing & Interview stage (Email)

12/03/2010 - Received interview letter

01/06/2011 - Interview @ 10:15a...APPROVED!

02/12/2011 - Received oath ceremony letter (dated 02/10/2011)

02/18/2011 - Received descheduled oath ceremony letter (dated 2/15/2011)

02/26/2011 - Received new oath ceremony letter

03/02/2011 - Oath Ceremony @ 1:30p (IT'S ABOUT TIME!!!)

03/09/2011 - Oath Ceremony @ 1:30p...FINALLY A CITIZEN!!!

Posted

I agree with Rebecca that consultation wouldn't hurt one bit, and in fact, I would encourage it in this case. A simple consultation should answer some of the main complications and then it would probably be clear whether you feel comfortable continuing on your own.

My Crafting Blog - On a Roll - Blogspot

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_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

Filed: Country: Wales
Timeline
Posted

While entered to the US using VWP:

You can stay in the United States for 90 days. You cannot extend your status (stay longer than 90 days). You can not change to another visa status.

You cannot study or work on the VWP. You can get married to an American citizen, but you can not adjust status to permanent resident (get a green card) after your marriage.

I think, in this case better if you hire a lawyer.

Posted
You can get married to an American citizen, but you can not adjust status to permanent resident (get a green card) after your marriage.

I think, in this case better if you hire a lawyer.

Is this an official quote from somewhere? Because that bit isn't completely true. If the decision to immigrate after entering on VWP was spur of the moment and you're able to show it wasn't your intention, then you can adjust status on the VWP.

My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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