inquisitive40

Something I am wondering and is a simple question, when just doing an AOS, do we receive multiple packets to fill out like the K-1 or is it a case of, once the forms are filed, we just get receipt, then EAD, then notice for biometrics and finally notice of interview?
So simply put, if this I-130, g-325, I-485, I-765 and I-864 the only forms we fill out or will we be getting more to fill out after the receipt of filing?
Patrick

katesuiter1

So far, that's all we've had to fill out. We didn't receive anything between filing and the AOS interview that we needed to send back. (Apart from EAD renewal. ) You won't need the I-130 for a K1 AOS at all, though.

Kate. xxxx

Noorah101

Hi Patrick,

In some ways, the AOS filing is a lot easier than the whole K-1 process. It's not the back-and-forth sending of paper and documents (unless you get an RFE). Also, I found all the paperwork a lot more straighforward....unless I was just so used to doing it by now that it seems so easy! LOL

We filed the I-485 (along with the supporting I-864 and G-325), and at the same time the I-765 (EAD) and I-131 (AP), and have the biometrics appointment next month. After that, it's just sitting back and waiting for USCIS to send us the EAD and AP, and a notice for AOS interview (which probably won't happen for us for another couple of years...Phoenix is running at 24 to 27 months wait time!)

Best Wishes!
Rene

inquisitive40

Thanks Kate, I did not enter on the K-1 (many years back) and so will need to file I-130
Patrick

inquisitive40

As per a previous thread of mine, I have all the paperwork ready to file, I also have an attorney who has quoted us $2200 to cover the AOS from start to finish excluding going to the interview and we are still considering whether it is worth $2200 which we do not have and will have to make payments to the attorney.
From what you have said, we pretty much have all the paperwork for filing completed by ourselves and the attorney has really very little to do, just there as a safety net ( I am 4 years out of status and living with my wife to be since I moved to the US).
Patrick

Bluegrass Lass

Patrick, it may be worth using an attorney since you have been out of status for so long. That being said, though, there are many folks that have simply filed the paperwork, and been approved. Beware though, that you should not leave the country for whatever reason, until you have the I-551 stamp in your passport. Even if you file for and use Advance Parole, if you leave the US, you will become subject to the 10 year bar.

Also, if the rest of your case is somewhat straightforward (i.e. no criminal convictions, other visa mis-use, etc) then you could probably get away with filing the paperwork on your own and save the $2200 for the upcoming fees after AOS. Ask your lawyer if that $2200 includes filing the I-751 (assuming you'll need to file it), or EAD renewal. That seems like an awful lot of money just to have him fill out the paperwork and not even come to your interview. But I guess with your out of status issue, that $2200 could be a small price to pay for (hopefully) some peace of mind that you won't be deported for whatever reason.

Oh, and I hope you are aware that if you aren't married yet, then you have to wait to file the AOS forms until you have gotten married.

Sorry I couldn't really help you much! Good luck!

inquisitive40

Thanks for your comments. I have been very careful while being out of status her (never worked etc, been a stay at home house cleaner ), the attorney has said already I will have no problems at all adjusting, but is that type of attorney (very sure of himself).
I agree $2200 is a LOT of money considering we have all the files ready, the attorney has said he will copy all our paperwork to the computer once he has checked it for errors and then be ready to file once we are married. Apart from that I really don't know what else he is going to do. He says it will cover the whole process BUT again he did not specify if it will cover the I-751 and this is his fee (as far as I understand) and does not include filing fees. His normal rate is $200 an hour, is there 11 hours of work here for a lawyer?
Patrick
Patrick

Noorah101

Patrick,

If you DO decide to use the lawyer, get it in writing ahead of time, before payment of anything, exactly what he is going to do for you. Get him to break it down in clear detail. Make sure he addresses the EAD and AP filing, and whether his fee includes follow-up calls, e-mails, and/or office visits from you, and how many or how often. I also think it's interesting he doesn't include his interview attendance in there. I've heard it said in this forum, that one of the major things a lawyer can do for you is be present at the interview to alleviate any possible problems at that time (after all, THAT is the important date in all this!).

I had a bad experience with a lawyer when I first started filing the I-129F last year. She was very vague in her explanation of what services I'm paying her for, and I hadn't done enough research at that time to ask the right questions. I would hate to see you go through the same thing.

Best Wishes,
Rene

inquisitive40

Excellent advice Rene, I intend to see the lawyer next week and will put forward all the questions I have then. If he was going to type up everything for me in his office with me present and then maybe do it a second time, I could see the fee piling up, put as it is I need to know what I am paying for (as you already have stated). He did handle my divorce and so I do know he was reasonable in his pricing and leaned toward the client on time he charged for, my issue with him during that process was the difficulty in contacting him and then the final screwup with the default filing for the divorce which would not have been followed up on only for my constant calling and checking on the status of the proceedings.
Patrick

Noorah101

To make a long story short (in case you're interested...) shortly after she filed my I-129F, my attorney took a 3 or 4 month leave of absence to have a baby. She left her associate in charge, who was not briefed on my case, knew little about K-1 procedures, and who charged extra for my asking questions and even visiting her (at HER request!) to complete Packet 3 (which I ended up doing on my own to avoid her charges), which led me to question my attorney when she returned. Basically, my attorney said sorry for the confusion, her work was done right after filing the I-129F and I shouldn't have been asking her associate anything. This, after my attorney wrote a notice to me to contact the associate if I needed anything! Argh!

Just curious...is your attorney a family/divorce attorney, or an immigration specialized attorney....or both?

Thanks for listening to my gripes...lol
Rene

inquisitive40

His listing is under Immigration Attorney, I was given his number from an acquaintaince who was also filing for his wife. When I approached him I was about to file my divorce and he volunteered his services to take care of it also (my thought at the time was great and that he would have a full knowledge of the case).
So yes he is listed first as an immigration attorney but he does family law and also insurance claim cases.
What I will say is that from my dealings to date he seems much more at ease with the procedures of immigration than he did with my divorce which at the time I attributed to the fact my ex-wife does not live in the US.
Patrick

inquisitive40

A last question on the attorney, do they barter on prices? I know it would probably depend on the attorney but has anyone got any experiences of bartering a better price?
Patrick

Noorah101

My attorney charged a flat fee for her services (what there was of it! lol), and made arrangements for a payment plan for me. It didn't sound "barter-able".

Rene

ire blues

Patrick...never hurts to barter! All they can say is no