Should we hire an attorney or not ?

handxx

Registered Users (C)
Hi

I posted a topic couple days ago regarding my gf and I . We are planning to marry in 3 weeks hopefully. She is here with J1 and she is in her grace period right now. Her visa got expired in august 6 but she can stay in the country until september 6 I guess.

We talked to an attorney regarding what to do and he said that as long as I marry her , even though she is out of status , the case will be fine. Attorney told us to lease an aparment, open joint bank account, put her name under my car insurance, cell phone plans etc. He also mentioned about the forms we need to fill and sent out and also the medical test..

As a legal fee, he is asking $2000 for his service. Do you guys think if we do not hire him, still we can handle our case with my gf ? I believe we have to send I-130 and I-785 and she has to take a medical test. After that, I guess they will call us for an interview and question right ?

I want to do everything properly and right but $2000 is a little bit too much for a newly married couple :) So what you guys think ?
 

Why?...

Attorneys on a case that is not complicated is a waste of money. If you still have doubts you can pay one $200 to go over the forms before you file them or something.

If your fiancee is not subject to the 2 year Home Residency Requirement, you can do this on your own. There is plenty of resources available and people here to help.
 
Because the OP has already put the wrong form number they are going to send. Such mistakes can couse a significant delay, also if $2000 is a little bit too much for a newly married couple, they probably do not qualify for the immigration benefit they are seeking.
 
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You can do it yourself. In fact it's piece of pie. However I'd really spend some time and find out all forms/fees/requirements BEFORE you submit the package. Wrong forms/docs will come back on you later.
 
An alternative. Consult with the attorney to determine which forms to fill out and pay for him (or his staff) to review them prior to submission. You do alll the time consuming work of completing the forms. That will reduce the fee but give you peace of mind that they are done correctly.

If you live in a city with a large immigrant population, you are likely to find self-help sessions run by organizations; Catholic Charities is one that is known for assisting immigrants; there are others. (You do not have to be Catholic to use their services.)
 
thanks for the great replies.

So, from my understanding I guess the attorney is asking $2000 to help us to complete forms and coming to the interview with us right ?

My only concern to hire an attorney is , my future wife might be out of status until we send the documents, we will marry before she gets out of status however I like to finish all side work like ( joint bank accounts, credit cards, apartment lease, cell phones etc) before I send forms so do you guys think it is a problem ? Or , as long as we marry we are on the safe side to send forms 1 month later after we marry ?

Third question is should I wait for my US passport to marry her or after the oath I can marry ?
 
You seems have no idea what you are doing. Her being out of status has no impact on the immigration. Marriage sets different criteria. Do not fail in this trap.
 
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It does not matter when you marry, but you can only file AFTER you become a citizen (oath).

As far as the fee for the lawyer, the forms are pretty self explanatory and you can ask for help and look at plenty of resources online. As far as the lawyer showing up at the interview, you must understand that there is NOTHING the lawyer can do or say, he will not answer the questions for you. It is a waste of money.
 
An attorney named Gurfinkel (google him) has an excellent article about how an attorney can assist you in the process.

When you are uncomfortable with the process, you are better off using an attorney than going it alone or using a forum for your information. It is cheaper to do it right the first time than to pay an attorney to unscramble a mess from doing it wrong.

Check to see what resources are available in your community.
 
Ok people I become US citizen today :) I had my interview and also had the oath so i already received for my naturalization certificate.. My question is should I wait till I get my US passport to marry my gf or i can marry next week ?


Acr , you are keep saying don't fail in this trap , I posted my questions on this forum because I needed help but you are keep saying don't fail in this trap , what exactly you mean , can you explain? thanks
 
You don't need to hire a lawyer, as long as your GF legally entered the US you will be fine filing her AOS. Its easy to make mistakes, but all the info you need to fill out the forms are on this website and on other immigration forums. Do read up the guides on the various websites and know its going to take time to gather and go over all your documents, but if you feel like its overwhelming once you start researching, the look into consulting with an attorney.
 
Firstly Congrats on obtaining your citizenship and engagement!

Can I ask whether your fiance's J1 visa is subject to the two year home residency. If so you will need to file for a waiver, as well as complete AOS. (Just asking as if you don't file a waiver and its needed it could really hold up your application.)

Also with the lawyer thing, if you really feel you need one then go ahead, however IMO its a waste of money unless you case turns complicated, especially if you follow the instructions and get a friend to check over all the forms for you before send them, as well as using this forum.
 
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