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-   -   We got married! Now what? (https://britishexpats.com/forum/marriage-based-visas-35/we-got-married-now-what-933767/)

petepete99 Jul 13th 2020 10:37 pm

We got married! Now what?
 
Aubrey and I tied the knot, low-key, on July 3rd just a couple weeks ago (quite literally, we did a Celtic handfasting to symbolise the knot-tying) and will exchange rings on July 3rd 2021 in the Scottish Highlands, where we will have a grand, non-Coronavirus wedding with all of our friends and family, exactly one year post-first wedding (to avoid anniversary date confusion). Some of you may have recalled a post a few months ago where we were reluctant to hastily get things started despite my L-1B expiring in December, but Corona took care of that decision for us!

So, now I am trying to start the Green Card process and it seems kind of daunting, even though I've been told our process is pretty straightforward: already on an L-1B which is due to expire/renew at the end of December this year (my employer's attorneys, PWC, are starting the extension process any day now) and Aubrey is a US Citizen. We just got our marriage certificate through the mail this morning.

One of the questions I had is whether we can file the I-130 online? Is that possible seeing that the i485 is only by mail? If it is possible, do we file the I-130 first and then the i485, to 'enable' the concurrent processing?

And another, wider question is whether there is any value in hiring an immigration attorney or going with a popular online firm like Boundless? I recall a few people saying that with our case, it's not really worth it and we could save ourselves the best part of a grand and do it ourselves. Any thoughts?

tom169 Jul 13th 2020 10:43 pm

Re: We got married! Now what?
 
Package both the I-130 and I-485 together in one large bundle and mail it in.

Regarding immigration attorney - all of this can be DIYed. If you don't have a good attention to detail or desire to DIY then of course use a reputable attorney.

petepete99 Jul 13th 2020 10:49 pm

Re: We got married! Now what?
 

Originally Posted by tom169 (Post 12881221)
Package both the I-130 and I-485 together in one large bundle and mail it in.

Regarding immigration attorney - all of this can be DIYed. If you don't have a good attention to detail or desire to DIY then of course use a reputable attorney.

Thanks. So what you're saying is don't file the I-130 online but just mail it in together with the I-485 and all the other stuff?

Also, my wife is an attorney (just not in immigration) so she can fact-check everything for me. We would definitely prefer to avoid extra costs as we just bought a house :)

Noorah101 Jul 13th 2020 10:57 pm

Re: We got married! Now what?
 
Don't file anything online. Submit the I-130, I-485, and all backup docs by trackable USPS to the address on the I-485.

Rene

Pulaski Jul 13th 2020 11:00 pm

Re: We got married! Now what?
 
I agree with Tom, unless you have a criminal record or some other massively complicating factor, you have absolutely no need for a lawyer.

About all you need to complete the forms is to be able to read English and follow some fairly basic instructions, they really aren't difficult and just need a little patience to complete the forms. .... And if you have any questions, come back here to ask them. :nod:

petepete99 Jul 13th 2020 11:08 pm

Re: We got married! Now what?
 
Thanks everybody! I'll come back here if I need anything

tom169 Jul 14th 2020 10:38 am

Re: We got married! Now what?
 
You're also going to want to file for an Employment Authorization Document (EAD) and Advance Parole (AP) at the same time.

Those will allow you to work for any employer or leave the country during the process (if your L-1B does expire).

petepete99 Jul 14th 2020 3:01 pm

Re: We got married! Now what?
 

Originally Posted by tom169 (Post 12881460)
You're also going to want to file for an Employment Authorization Document (EAD) and Advance Parole (AP) at the same time.

Those will allow you to work for any employer or leave the country during the process (if your L-1B does expire).

I was aware of the EAD, but what's an AP? Is an AP the same as a travel authorization?

Pulaski Jul 14th 2020 3:39 pm

Re: We got married! Now what?
 

Originally Posted by petepete99 (Post 12881640)
I was aware of the EAD, but what's an AP? Is an AP the same as a travel authorization?

AP = Advance Parole, and yes it is authorization to leave the US without your application for change of status being cancelled.

petepete99 Jul 14th 2020 4:31 pm

Re: We got married! Now what?
 

Originally Posted by Pulaski (Post 12881666)
AP = Advance Parole, and yes it is authorization to leave the US without your application for change of status being cancelled.

Got it, thanks

Rete Jul 14th 2020 8:18 pm

Re: We got married! Now what?
 
Advance Parole is form I-131
Employment Authorization Document is I-765

Normally, both AP and EAD come on the same card. You will need to have biometrics and will be sent a notice of where and when to appear to have your print and photo taken.

Note: Both the AP and EAD fee is included in the fee of the I-485.

petepete99 Jul 15th 2020 1:48 am

Re: We got married! Now what?
 
This is a heck of a lengthy process. I've filled out most of the forms on Adobe so far. I'm now on form I-944 and, after reading various instructions, I need to provide proof of English language proficiency, even as a native English speaker. I remember around five years ago, when I was contemplating Canadian Permanent Residence, I needed to provide evidence for that process too. I did an IELTS test but can't for the life of me find the certification.

Is anybody here familiar with form I-944? I need to fill it out because my wife has not filed taxes yet, being self employed...

Rete Jul 15th 2020 2:04 am

Re: We got married! Now what?
 
Never heard of it regards to a marriage-based adjustment of status. Perhaps it's new? Yup, guess it is.



What is the I 944 form?
Form I-944, also known as the “Declaration of Self-Sufficiency,” is a form used by green card applicants to provide information about their financial situation.

How to Complete Your I-944 and Pass the “Public Charge” Test


petepete99 Jul 15th 2020 2:15 am

Re: We got married! Now what?
 
Yes, it is indeed quite new. And when Googling, many people across various forums have also posted the question, but there doesn't appear to be a conclusive answer specifically to the English language question. The USCIS page is here

civilservant Jul 15th 2020 11:06 am

Re: We got married! Now what?
 
You have provide a credit report now? :huh:

Boy am I glad that I don't have to deal with USCIS anymore.

MtbbikeVanlife Jul 15th 2020 12:54 pm

Re: We got married! Now what?
 
Yeah... I'm in the same situation as petepete99.... How the heck do I provide evidence of English Language proficiency ? Best I can think of is that I passed English Language O level (1982 I think...), but no idea where the certificate ever got to !

Noorah101 Jul 15th 2020 2:26 pm

Re: We got married! Now what?
 
You could write a statement with the "magic language" that attests and certifies that you are a native English speaker, and that you are fluent in English. Search this forum for "magic language". This is what others (including me) have done when translating documents.

Rene

petepete99 Jul 15th 2020 2:41 pm

Re: We got married! Now what?
 

Originally Posted by Noorah101 (Post 12882121)
You could write a statement with the "magic language" that attests and certifies that you are a native English speaker, and that you are fluent in English. Search this forum for "magic language". This is what others (including me) have done when translating documents.

Rene

I did a quick search in the forums and it seems that you and Pulaski debated over the weight of this in front (or not) of a notary. Would that apply here, do you think?

Noorah101 Jul 15th 2020 3:22 pm

Re: We got married! Now what?
 
When the correct magic language is used, it does not need to be notarized.

A notary does not attest to the truthfulness of the document, anyway. They are just attesting that you are who you say you are when you sign it .

Rene

Rete Jul 15th 2020 3:38 pm

Re: We got married! Now what?
 

Originally Posted by Noorah101 (Post 12882153)
When the correct magic language is used, it does not need to be notarized.

A notary does not attest to the truthfulness of the document, anyway. They are just attesting that you are who you say you are when you sign it .

Rene

:goodpost:

Just to add to that in NY (and imagine that is virtually the same in most states) a notary can attest to having seen the original document and that the copy they are notarized is an exact copy of the original.

I wouldn't be overly concerned about this form as you do have a financial sponsor (your spouse). Just complete it as factually and as truthfully as you can.

S Folinsky Jul 15th 2020 6:59 pm

Re: We got married! Now what?
 

Originally Posted by Noorah101 (Post 12882153)
When the correct magic language is used, it does not need to be notarized.

A notary does not attest to the truthfulness of the document, anyway. They are just attesting that you are who you say you are when you sign it .

Rene

There are two different notarial acts: jurat and acknowledgement.

S Folinsky Jul 15th 2020 8:02 pm

Re: We got married! Now what?
 

Originally Posted by Rete (Post 12882159)
:goodpost:

Just to add to that in NY (and imagine that is virtually the same in most states) a notary can attest to having seen the original document and that the copy they are notarized is an exact copy of the original.

Hi:

I assume it was a typo, but you put in “can” rather than “cannot” in regards New York law. But the law does vary from state to state as per this article National Notarial Association.

Rete Jul 16th 2020 4:20 pm

Re: We got married! Now what?
 
No, it is not a typo. When we did our K-1 and AOS apps, my notary attested to the copies of documents being exact copies of the originals shown to them. I used two different notaries from our law office. One was an senior partner and one was a senior paralegal.

Pulaski Jul 16th 2020 5:36 pm

Re: We got married! Now what?
 

Originally Posted by Rete (Post 12882697)
No, it is not a typo. When we did our K-1 and AOS apps, my notary attested to the copies of documents being exact copies of the originals shown to them. I used two different notaries from our law office. One was an senior partner and one was a senior paralegal.

When, per Folinsky Esq's link, certifying the accuracy of the copy isn't legal in NY, how/ why did they make such a certification? :confused:

Rete Jul 16th 2020 8:09 pm

Re: We got married! Now what?
 
22 years ago.

S Folinsky Jul 16th 2020 9:27 pm

Re: We got married! Now what?
 

Originally Posted by Rete (Post 12882777)
22 years ago.

I was curious because when I had a California notary commission, we were not allowed to certify copies. So, I looked it up.

When I was a baby in immigration practice, there was an immigration regulation which allowed attorneys to certify copies. We had rubber stamps with the certification, our name, state of admission and address with a signature line. This was changed in the mid-80’s to allow plain photocopies if prepared to produce the original on request.

scrubbedexpat099 Jul 16th 2020 10:49 pm

Re: We got married! Now what?
 
Hopefully you will not need it but be aware of the expedite option for ead and ap.

S Folinsky Jul 17th 2020 7:34 pm

Re: We got married! Now what?
 

Originally Posted by petepete99 (Post 12881214)
And another, wider question is whether there is any value in hiring an immigration attorney or going with a popular online firm like Boundless? I recall a few people saying that with our case, it's not really worth it and we could save ourselves the best part of a grand and do it ourselves. Any thoughts?

I like your use of the word “value.” That is a subjective determination for you to make. Many people can and do it themselves

My late colleague, Phil Karlin, once described the lawyer’s function as an “insurance policy.” I’ve always liked hat analogy. A person may be the most prudent skilled driver but will still pay those premiums. Is that good “value?” I know that immigration is a legal mine field. We see what happens when a case goes south.

Is there “value” to peace of mind?

I looked up Boundless. I am not familiar with them. I find the program of interest. I have some questions regarding the rules governing the legal profession. But my questions do not relate to the quality of their services or it’s value to you.

BTW, I think there is “value” to having an attorney present at the interview.


Pulaski Jul 17th 2020 10:20 pm

Re: We got married! Now what?
 

Originally Posted by S Folinsky (Post 12883254)
I like your use of the word “value.” That is a subjective determination for you to make. Many people can and do it themselves

My late colleague, Phil Karlin, once described the lawyer’s function as an “insurance policy.” I’ve always liked hat analogy. A person may be the most prudent skilled driver but will still pay those premiums. Is that good “value?” I know that immigration is a legal mine field. We see what happens when a case goes south.

Is there “value” to peace of mind? .....

Personally I find "peace of mind" incompleting the fairly basic forms myself, rather than supplying the same information to lawyer, with same risk of errors, and then paying a lawyer to have their clerk transfer the data to another form where there is additional risk of errors being made. But maybe that's just me. :unsure:

petepete99 Jul 17th 2020 10:37 pm

Re: We got married! Now what?
 

Originally Posted by Boiler (Post 12882842)
Hopefully you will not need it but be aware of the expedite option for ead and ap.

Can you tell me more about this?

petepete99 Jul 17th 2020 10:39 pm

Re: We got married! Now what?
 

Originally Posted by Pulaski (Post 12883309)
Personally I find "peace of mind" incompleting the fairly basic forms myself, rather than supplying the same information to lawyer, with same risk of errors, and then paying a lawyer to have their clerk transfer the data to another form where there is additional risk of errors being made. But maybe that's just me. :unsure:

I know me more than any lawyer and know where to look for errors. But in today's USA, I'm still thinking it might be worth having that extra peace of mind, especially with the new I-944 which is just bonkers crazy.

Noorah101 Jul 17th 2020 11:56 pm

Re: We got married! Now what?
 

Originally Posted by petepete99 (Post 12883314)
Can you tell me more about this?

Basically if you have a job offer and/or can show hardship due to lack of income, you may be able to get your EAD expedited.

Same goes if you can prove you have immediate need to travel abroad, you can request expedited AP

Of course, no guarantees the expedite request will be approved.

Rene

Rete Jul 18th 2020 1:13 am

Re: We got married! Now what?
 

Originally Posted by petepete99 (Post 12883314)
Can you tell me more about this?

It hasn't been proven lately in the world of COVID and impending furloughs of USCIS personnel that this is still a viable option but if the EAD beneficiary is suffering a financial hardship from not being able to work (which isn't you since you are already here on a work visa) or has a job offer they might be able to ask USCIS to expedite their EAD.

Rete Jul 18th 2020 1:17 am

Re: We got married! Now what?
 

Originally Posted by petepete99 (Post 12883317)
I know me more than any lawyer and know where to look for errors. But in today's USA, I'm still thinking it might be worth having that extra peace of mind, especially with the new I-944 which is just bonkers crazy.

Using an attorney that you can see and sit across from is the only way to properly retain someone to do your paperwork for you.

These organizations found online such as Boundless are places that have an attorney on the masthead and all the work is done by either clerical workers or paralegals. It is a waste of money, time and faith.

90% of people are able to do the forms themselves (DIY). If you are one of the 10% that lives in fear that they will make a mistake, then hire an attorney and not an online organization.

petepete99 Jul 21st 2020 10:19 pm

Re: We got married! Now what?
 

Originally Posted by Rete (Post 12883356)
It hasn't been proven lately in the world of COVID and impending furloughs of USCIS personnel that this is still a viable option but if the EAD beneficiary is suffering a financial hardship from not being able to work (which isn't you since you are already here on a work visa) or has a job offer they might be able to ask USCIS to expedite their EAD.

You say this isn't me, but if my L-1B for whatever reason doesn't renew at the end of the year, would that be justification for an expedite request? I wouldn't be able work for my L-1B sponsoring employer if the L-1B either doesn't renew or is delayed. PWC are the immigration attorneys and I'm sure they'll do everything to mitigate the risk but with the current climate we're in and with Trump in charge, I simply can't take anything for granted...

Noorah101 Jul 22nd 2020 12:08 am

Re: We got married! Now what?
 
All you could do is try if that happens. No guarantees.

Rene

S Folinsky Jul 22nd 2020 1:21 am

Re: We got married! Now what?
 

Originally Posted by petepete99 (Post 12885378)
You say this isn't me, but if my L-1B for whatever reason doesn't renew at the end of the year, would that be justification for an expedite request? I wouldn't be able work for my L-1B sponsoring employer if the L-1B either doesn't renew or is delayed. PWC are the immigration attorneys and I'm sure they'll do everything to mitigate the risk but with the current climate we're in and with Trump in charge, I simply can't take anything for granted...

I seem to recall. that timely extension applications result in a 240 day extension of employment authorization. Given that I’m retired I don’t recall if this is still in place.

Your questions are good, but I sense you may very well be on of those people I had in mind when I wrote about “peace of mind” having value.


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