AOS Lawyer Cost

[Kez/JWolf 6]

I'd check with a couple more lawyers prior to committing to one.

Especially one asking 8K.

Looks to me your case is bordeline. Saying she didn't intend do stay but "changed her mind" to me is a bit on the shaky side.

Haole on what basis are you making that statement.... the law? your own expirence? your opinion? or just what you think it should be?

Just my opinion from OPs prior post.

I've been around the block a few times concerning immigration. Sure not always correct like everyone else here on VJ.

OPs case doesn't look "dead nuts" guaranteed from what he said.

If you're so sure he's OK. Hang your butte out there and and say you will stake your life on it!

Problem is you'll be staking his/hers lifes on it also.

I never stake my life on anything and I would not expect anyone else to..... but to advise people based on your opinion is ok as long as you say its your opinion but there are other who think that there opinion is more inportant than what the law says and that is very dangerous.... I have always encouraged anyone in this situation to have a consult with a immigration lawyer to go over there individual case... but I and everyone else has to be careful to not give incorrect information, I have spent 2 1/2 years researching this very topic and have discussed it in great detail with serveral immigration lawyer and a immigration judge for the very reason that I wanted to make sure that the information I was giving to people was as correct as I could get...

I would never expect anyone to just take my word for how the law works and that is why I always encourage a constult with someone who should know exactly how the law will work for the people concerned....

Kez

[Mags 112]

I'd check with a couple more lawyers prior to committing to one.

Especially one asking 8K.

Looks to me your case is bordeline. Saying she didn't intend do stay but "changed her mind" to me is a bit on the shaky side.

Haole on what basis are you making that statement.... the law? your own expirence? your opinion? or just what you think it should be?

Just my opinion from OPs prior post.

I've been around the block a few times concerning immigration. Sure not always correct like everyone else here on VJ.

OPs case doesn't look "dead nuts" guaranteed from what he said.

If you're so sure he's OK. Hang your butte out there and and say you will stake your life on it!

Problem is you'll be staking his/hers lifes on it also.

I never stake my life on anything and I would not expect anyone else to..... but to advise people based on your opinion is ok as long as you say its your opinion but there are other who think that there opinion is more inportant than what the law says and that is very dangerous.... I have always encouraged anyone in this situation to have a consult with a immigration lawyer to go over there individual case... but I and everyone else has to be careful to not give incorrect information, I have spent 2 1/2 years researching this very topic and have discussed it in great detail with serveral immigration lawyer and a immigration judge for the very reason that I wanted to make sure that the information I was giving to people was as correct as I could get...

I would never expect anyone to just take my word for how the law works and that is why I always encourage a constult with someone who should know exactly how the law will work for the people concerned....

Kez

And for what it's worth, Kezzie has been through this herself, so she does know what she is talking about here on VJ.

[zqt3344 21]

I'd check with a couple more lawyers prior to committing to one.

Especially one asking 8K.

Looks to me your case is bordeline. Saying she didn't intend do stay but "changed her mind" to me is a bit on the shaky side.

Haole on what basis are you making that statement.... the law? your own expirence? your opinion? or just what you think it should be?

Just my opinion from OPs prior post.

I've been around the block a few times concerning immigration. Sure not always correct like everyone else here on VJ.

OPs case doesn't look "dead nuts" guaranteed from what he said.

If you're so sure he's OK. Hang your butte out there and and say you will stake your life on it!

Problem is you'll be staking his/hers lifes on it also.

I never stake my life on anything and I would not expect anyone else to..... but to advise people based on your opinion is ok as long as you say its your opinion but there are other who think that there opinion is more inportant than what the law says and that is very dangerous.... I have always encouraged anyone in this situation to have a consult with a immigration lawyer to go over there individual case... but I and everyone else has to be careful to not give incorrect information, I have spent 2 1/2 years researching this very topic and have discussed it in great detail with serveral immigration lawyer and a immigration judge for the very reason that I wanted to make sure that the information I was giving to people was as correct as I could get...

I would never expect anyone to just take my word for how the law works and that is why I always encourage a constult with someone who should know exactly how the law will work for the people concerned....

Kez

And for what it's worth, Kezzie has been through this herself, so she does know what she is talking about here on VJ.

I am sure she has by her comments, no one questions that, everyone has their own experiences to share, but you act as if the rest of us have not and have no clue about this process when we do and we have been through it recently. Things do change from year to year and month to month. And USCIS is getting stricter and enforcing more laws now than in the past, which may not have been the case in prior years.

[Kez/JWolf 6]

I'd check with a couple more lawyers prior to committing to one.

Especially one asking 8K.

Looks to me your case is bordeline. Saying she didn't intend do stay but "changed her mind" to me is a bit on the shaky side.

Haole on what basis are you making that statement.... the law? your own expirence? your opinion? or just what you think it should be?

Just my opinion from OPs prior post.

I've been around the block a few times concerning immigration. Sure not always correct like everyone else here on VJ.

OPs case doesn't look "dead nuts" guaranteed from what he said.

If you're so sure he's OK. Hang your butte out there and and say you will stake your life on it!

Problem is you'll be staking his/hers lifes on it also.

I never stake my life on anything and I would not expect anyone else to..... but to advise people based on your opinion is ok as long as you say its your opinion but there are other who think that there opinion is more inportant than what the law says and that is very dangerous.... I have always encouraged anyone in this situation to have a consult with a immigration lawyer to go over there individual case... but I and everyone else has to be careful to not give incorrect information, I have spent 2 1/2 years researching this very topic and have discussed it in great detail with serveral immigration lawyer and a immigration judge for the very reason that I wanted to make sure that the information I was giving to people was as correct as I could get...

I would never expect anyone to just take my word for how the law works and that is why I always encourage a constult with someone who should know exactly how the law will work for the people concerned....

Kez

And for what it's worth, Kezzie has been through this herself, so she does know what she is talking about here on VJ.

I am sure she has by her comments, no one questions that, everyone has their own experiences to share, but you act as if the rest of us have not and have no clue about this process when we do and we have been through it recently. Things do change from year to year and month to month. And USCIS is getting stricter and enforcing more laws now than in the past, which may not have been the case in prior years.

Yes thing change and things move on but the law has not changed and their is no law for USCIS to enforce that says it is ilegal for someone who entered the US with no intent to remain but due to a change of mind or a change in circumstances they now wish to adjust their status.... this is allowed under the law....

Because this situation effected me I have done very extensive research on this subject including having a meeting with a immigration judge and several immigration lawyers and the head of CBP at Logan international airport.... I do this so that I can keep up with the changing tide of immigration and to try to wipe out the massive misunderstanding that there is in this area.... If I can help just 1 couple, so they dont have to endure what I did back in 2005 then it will have been worth all my hard work and effort.....

If you are still insistent that it is against the law then as I have said to you before please give us the link to this law so that people can read it for themselves.... I did this for you giving you all the links to the law that allows for people to do this but I and others are still waiting for you to show us the evidence that you are using to dispute that it is allowed....

Kez

Kez

[golfer1 0]

Kez - thanks for all your help thus far. My wife's I-94 expires 12/1 and we're nervous and uncertain as to what we'll do.

We've got another meeting with our potential attorney this afternoon. We're deciding whether or not she'll stay, file AOS and take our chances. Unfortunately, we're not supremely confident that this is the best course of action. While she has a return ticket, apartment in France, family, bank accounts, etc. is this enough concrete evidence to prove that she was intending on returning to France when she came in as a tourist? Do you think we have a stong enough case for the interview? I mean, we also have to remember that she was detained and questioned in Newark. We're worried about the worst case scenario of them denying her visa, visa fraud, potential deportation, etc. This could jeopardize her future in the US and that we do not want. What are your thoughts? Are we risking too much filing AOS?

Thanks again.

YuandDan.... please show us the link to the law that says you can not file for I-130 and AOS if you were already married..... because after 2 + years of research I have never seen such a law....

If you enter the US without the intent to remain and you then change your mind you can file for AOS along with I-130.... you may be asked about your intent at entry but you may not.... it has nothing what so ever to do with when or where you were married.....

To the OP 8k is a very large fee.... I f you feel you need a lawyer then shop around and get more prices.... or have a 1 hour consult at a set fee then do the rest yourself.... that is what we did and the good people of VJ are always here to help with questions about form filling.....

Kez

[Kez/JWolf 6]

Kez - thanks for all your help thus far. My wife's I-94 expires 12/1 and we're nervous and uncertain as to what we'll do.

We've got another meeting with our potential attorney this afternoon. We're deciding whether or not she'll stay, file AOS and take our chances. Unfortunately, we're not supremely confident that this is the best course of action. While she has a return ticket, apartment in France, family, bank accounts, etc. is this enough concrete evidence to prove that she was intending on returning to France when she came in as a tourist? Do you think we have a stong enough case for the interview? I mean, we also have to remember that she was detained and questioned in Newark. We're worried about the worst case scenario of them denying her visa, visa fraud, potential deportation, etc. This could jeopardize her future in the US and that we do not want. What are your thoughts? Are we risking too much filing AOS?

Thanks again.

YuandDan.... please show us the link to the law that says you can not file for I-130 and AOS if you were already married..... because after 2 + years of research I have never seen such a law....

If you enter the US without the intent to remain and you then change your mind you can file for AOS along with I-130.... you may be asked about your intent at entry but you may not.... it has nothing what so ever to do with when or where you were married.....

To the OP 8k is a very large fee.... I f you feel you need a lawyer then shop around and get more prices.... or have a 1 hour consult at a set fee then do the rest yourself.... that is what we did and the good people of VJ are always here to help with questions about form filling.....

Kez

I can not say what an interviewing officer would consider enough evidence to prove you did not have intent on entry..... all I can say is that most people who do AOS from a tourist visa are never even asked about their intent when they entered..... now does that mean you will not get asked? again I can not say.... All I know is that if you know in your heart that you did not plan to enter with the intent to remain and file for AOS then you have nothing to hide and that will comeover if you are asked about it at interview....

The evidence I had but was never asked for was my house in scotland my job that I was on sick leave from and my car parked at Glasgow Airport.... I also got a letter from my parents stateing that they were having to deal with the sale of my house, my Dad having to go by train to Glasgow airport and collect my car and sorting out all my belongings as I had deceided to remain in the US.... I also had a copy of my letter of termanation that I sent to my employer and of course my return ticket.....

Only you can deceide if you think you have enough evidence..... I would not make any firm decisions until you have talked it all over with a lawyer.... until then keep all your options open....

As for the I-94 expiring you still have time to make up your minds and if you do go with filing the AOS then it does not matter too much if the I-94 has expired when you file for the AOS as long as it is not over 180 days... If you choose to return to France then you should do so before the expiry of the I-94.....

Hope this has been of help

Kez

[nane1104 146]

I think, the tricky part really is, that they were married by the time of entering the US. Even if the intend was not to stay here, it might be really difficult to convince USCIS that this was just another visit.

She obviously had problems already atPOE just based on the amount of times she came here in one year and the OP didn't state, if she kept the marriage secret. Pretty sure they would have not liked to hear about the marriage.

So a good lawyer I'd think is recommended, but 8k sounds a LOT!!

[zqt3344 21]

I think, the tricky part really is, that they were married by the time of entering the US. Even if the intend was not to stay here, it might be really difficult to convince USCIS that this was just another visit.

She obviously had problems already atPOE just based on the amount of times she came here in one year and the OP didn't state, if she kept the marriage secret. Pretty sure they would have not liked to hear about the marriage.

So a good lawyer I'd think is recommended, but 8k sounds a LOT!!

You have a very legit point. If they were married in France, they are supposed to go to the USA embassy in Paris and file for proper visa there, not come to USA on a tourist visa and if they entered USA like that and kept it from POE officer then yes they have some serious problems and better do as the POE advised or get a very good lawyer and be prepared because if I am not mistaken that is a major no no on coming to USA on tourist visa and being already married and failing to disclose that fact, for that is what US embassy officer told me when I was asking 2 years ago for myself. But I am sure I will be bashed by M and K about how wrong this is or how this is disinformation it is when in reality it is not.

[nane1104 146]

I think, the tricky part really is, that they were married by the time of entering the US. Even if the intend was not to stay here, it might be really difficult to convince USCIS that this was just another visit.

She obviously had problems already atPOE just based on the amount of times she came here in one year and the OP didn't state, if she kept the marriage secret. Pretty sure they would have not liked to hear about the marriage.

So a good lawyer I'd think is recommended, but 8k sounds a LOT!!

You have a very legit point. If they were married in France, they are supposed to go to the USA embassy in Paris and file for proper visa there, not come to USA on a tourist visa and if they entered USA like that and kept it from POE officer then yes they have some serious problems and better do as the POE advised or get a very good lawyer and be prepared because if I am not mistaken that is a major no no on coming to USA on tourist visa and being already married and failing to disclose that fact, for that is what US embassy officer told me when I was asking 2 years ago for myself. But I am sure I will be bashed by M and K about how wrong this is or how this is disinformation it is when in reality it is not.

The illigal part would be if she entered with the inted to stay which the OP didn't state. Everything else is perfectly fine and legal. Being married does NOT mean you can't travel to the US on a VWP.

[payxibka 10,047]

You have a very legit point. If they were married in France, they are supposed to go to the USA embassy in Paris and file for proper visa there, not come to USA on a tourist visa and if they entered USA like that and kept it from POE officer then yes they have some serious problems and better do as the POE advised or get a very good lawyer and be prepared because if I am not mistaken that is a major no no on coming to USA on tourist visa and being already married and failing to disclose that fact, for that is what US embassy officer told me when I was asking 2 years ago for myself. But I am sure I will be bashed by M and K about how wrong this is or how this is disinformation it is when in reality it is not.

Are you saying that at the POE you are required to volunteer certain information? I hope not because then I have fraudulently entered many different countries, as I never voluntarily told my marital status to any POE officer that I have been questioned by.

[nane1104 146]

Maybe he is mistaking it with the K-1 ploicy where you have to be unmarried upon entry?

Just a thought...

[Kez/JWolf 6]

If you look into the qualifying requirements for using the VWP it does not exclude people married to a USC... it does not ask you on the VWP if you are married to a USC.... so the fact that someone was married in France or any other country does not mean they can not use a VWP to visit the US....

Before I came here and got married I visited the US at least once every year for the past 27 years I have never been asked what my marital status was at POE... I was asked how long I was staying and what was the purpose of my visit... but never about being married or not...

Kez

[Nancy2015 2]

$8K is way too much for a lawyer, imho. You need to shop around but also make sure the lawyer you hire is experienced in handling cases similar to yours.

[Singers 0]

When my husband and I were in this situation we consulted an attorney and paid for her to attend the interview with us. We filed all the paperwork ourselves. They usually charge $5k for complete AOS but we paid $100 for initial consult (where we were told there was nothing to worry about since "you are allowed to change your mind." and $500 for her to attend the interview. ~This was to reassure me and, in case things went to hell, so she would know exactly what transpired.~

We also had a secondary inspection at POE, a K-3 application pending and were told he should return. We eventually adjusted from VWP. There is nothing a lawyer can really do for you before you have your interview. They only come into play if you need to file a waiver.. and even then a TON of people get waivers approved without a lawyer too.

This is a decision that you have to make for yourselves. Even the best lawyer will not tell you what to do. They cannot give you a guaranteed outcome. (If they do, run!) They can only advise you of possible courses of action.

Good Luck!

[nane1104 146]

When my husband and I were in this situation we consulted an attorney and paid for her to attend the interview with us. We filed all the paperwork ourselves. They usually charge $5k for complete AOS but we paid $100 for initial consult (where we were told there was nothing to worry about since "you are allowed to change your mind." and $500 for her to attend the interview. ~This was to reassure me and, in case things went to hell, so she would know exactly what transpired.~

We also had a secondary inspection at POE, a K-3 application pending and were told he should return. We eventually adjusted from VWP. There is nothing a lawyer can really do for you before you have your interview. They only come into play if you need to file a waiver.. and even then a TON of people get waivers approved without a lawyer too.

This is a decision that you have to make for yourselves. Even the best lawyer will not tell you what to do. They cannot give you a guaranteed outcome. (If they do, run!) They can only advise you of possible courses of action.

Good Luck!

Good post!