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Weird situation, get a lawyer? What if can't afford one?

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Old May 2nd 2005, 1:00 pm
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Originally Posted by Saintana13
I'm going to do just that. Then when I meet with the lawyer, if I've not done something right or something, he can correct me on it. My one question on forms is does my husband have ot have the medical exam done since he's already here in the US? He said he didn't have one when he came over for his H1B. Other than that, I'm going to try it.
Hi:

As a general rule, a completed medical must be submitted with the adjustment. Some districts will allow a later filing, but ALL are just fine with submission at time of filing.

Also, the NBC [i.e. Chicago Lock Box filings] does NOT adjudicate the adequacy of the I-864 -- it is the interviweing district that does that.

Actually, your case strikes as a lot more straightfoward than others I have seen here. Take a deep breath and plunge in if your facts are the only problems that are there. [I'm assuming no prior arrests or prior immigrant applications -- I had an interesting court hearing today where, Thank G-d haShem, I had a "mensch" of a trial attorney (and I use the complment even though the TA is female). We agreed that an I-601 fraud waiver is BADLY needed and as she was pointing this fraudulent document and that fraudulent document, I started showing her the points that she had missed. I promised both the TA and the IJ not to kill my client in the courtroom or its environs. That person's fee just skyrocketed -- if you have a lawyer, not only is it a bad move to lie to the government, it is even worse to lie to your lawyer].

Forgive me for the digression.

Good luck.
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Old May 2nd 2005, 2:27 pm
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Originally Posted by Saintana13
I'm going to do just that. Then when I meet with the lawyer, if I've not done something right or something, he can correct me on it. My one question on forms is does my husband have ot have the medical exam done since he's already here in the US? He said he didn't have one when he came over for his H1B. Other than that, I'm going to try it.
Your husband still needs a medical; it is not required for getting an H1B, but it definitely is required for AOS.

There are physicians that are approved for immigration physicals (can someone tell Saintana how to find one in her area - I can't remember where we got our list from...). Charges vary widely, so do shop around (FYI we paid $150, which appears to be very reasonable compared to what some people pay). Also ask hubby to get his vaccination records from the UK.
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Old May 2nd 2005, 3:21 pm
  #33  
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Originally Posted by Folinskyinla
Hi:

As a general rule, a completed medical must be submitted with the adjustment. Some districts will allow a later filing, but ALL are just fine with submission at time of filing.

Also, the NBC [i.e. Chicago Lock Box filings] does NOT adjudicate the adequacy of the I-864 -- it is the interviweing district that does that.

Actually, your case strikes as a lot more straightfoward than others I have seen here. Take a deep breath and plunge in if your facts are the only problems that are there. [I'm assuming no prior arrests or prior immigrant applications -- I had an interesting court hearing today where, Thank G-d haShem, I had a "mensch" of a trial attorney (and I use the complment even though the TA is female). We agreed that an I-601 fraud waiver is BADLY needed and as she was pointing this fraudulent document and that fraudulent document, I started showing her the points that she had missed. I promised both the TA and the IJ not to kill my client in the courtroom or its environs. That person's fee just skyrocketed -- if you have a lawyer, not only is it a bad move to lie to the government, it is even worse to lie to your lawyer].

Forgive me for the digression.

Good luck.

Thanks! I feel a lot more confident since talking with you all. I'm going to file the I-864 for me and an I-864a for my husband, since he was employed through last year, and I'm pretty sure he will have some sort of job by the time the interview comes, so we can file an updated version at the interview if we need to.

I want to send all my forms in at the same time to avoid delays, so I should send them all to the Chicago Lockbox and then they will send the forms to the district or local office I live in right? The interview will be here in Boise though, since that's my closest local office? If any of that is wrong, please correct me. Thanks for the help everyone!
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Old May 2nd 2005, 5:42 pm
  #34  
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Originally Posted by Saintana13
I'm going to file the I-864 for me and an I-864a for my husband, since he was employed through last year, and I'm pretty sure he will have some sort of job by the time the interview comes, so we can file an updated version at the interview if we need to.
I thought you could show the joint income on just the I-864. Someone correct me if that's wrong, because I just posted that same info in another thread. I thought no I-864a is needed is the sponsor and alien combine their income.

I want to send all my forms in at the same time to avoid delays, so I should send them all to the Chicago Lockbox and then they will send the forms to the district or local office I live in right? The interview will be here in Boise though, since that's my closest local office? If any of that is wrong, please correct me. Thanks for the help everyone!
This is correct.

Best Wishes,
Rene
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Old May 3rd 2005, 4:50 am
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Originally Posted by Noorah101
I thought you could show the joint income on just the I-864. Someone correct me if that's wrong, because I just posted that same info in another thread. I thought no I-864a is needed is the sponsor and alien combine their income.


This is correct.

Best Wishes,
Rene
Hi:

The I-864a IS required when joint income is used when the alien's spouse's income is part of that "joint income." Please don't expect CIS to know the in's and out's of Community Property law. Just thinking about this would give ME a headache.
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Old May 3rd 2005, 5:39 am
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Originally Posted by Folinskyinla
Hi:

The I-864a IS required when joint income is used when the alien's spouse's income is part of that "joint income." Please don't expect CIS to know the in's and out's of Community Property law. Just thinking about this would give ME a headache.
Thanks for the correction, Mr. F.

Rene
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Old May 3rd 2005, 5:48 am
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Originally Posted by Noorah101
Thanks for the correction, Mr. F.

Rene

I know my husband needs his vaccination records for the medical exam, but we're having a really hard time tracking them down in the UK since he can't remember all the doctors he's been to. So we decided to just go ahead and get him immunized again here. The nurse said she thought the only vaccinations he needs would be Tetanus/diptheria and MMR (Measles, mumps and rubella). Does anyone know if there are any others that need to be done as well, or does that sound right?
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Old May 3rd 2005, 6:36 am
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Originally Posted by Saintana13
I know my husband needs his vaccination records for the medical exam, but we're having a really hard time tracking them down in the UK since he can't remember all the doctors he's been to. So we decided to just go ahead and get him immunized again here. The nurse said she thought the only vaccinations he needs would be Tetanus/diptheria and MMR (Measles, mumps and rubella). Does anyone know if there are any others that need to be done as well, or does that sound right?

My UKC husband did not have his vax records either. The panel doc interviews the candidate about when and where they grew up, and can know which of the standard vax he was given. My husband was given a pass on everything but a tetus booster, so don't try to self-diagnose (we thought he would need 3 other shots) as age and military and other factors go into deciding which jabs are required.
Varicella/chicken pox is one that is required in the US and not normally given in the UK, so he MAY be tagged for that one. Maybe another UK non-K AOSer can let us know.
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Old May 3rd 2005, 7:17 am
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Originally Posted by meauxna
My UKC husband did not have his vax records either. The panel doc interviews the candidate about when and where they grew up, and can know which of the standard vax he was given. My husband was given a pass on everything but a tetus booster, so don't try to self-diagnose (we thought he would need 3 other shots) as age and military and other factors go into deciding which jabs are required.
Varicella/chicken pox is one that is required in the US and not normally given in the UK, so he MAY be tagged for that one. Maybe another UK non-K AOSer can let us know.
I didn't know chicken pox was required, I thought you just got chicken pox as a kid and that was that. The person at the doctor's office I called said he had to have to his vaccination records, if he didn't, he would have to have them done, but they don't do them at the doctor's, you have to go to the district health department here to have them done. It's kind of a mess. Tomorrow we will go and see the nurse and then if he needs vax we have an appointment to have him vaccinated on Thursday. Thanks for the info. Where in the UK is your husband from?
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Old May 3rd 2005, 7:22 am
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Originally Posted by Folinskyinla
Hi:

As a general rule, a completed medical must be submitted with the adjustment. Some districts will allow a later filing, but ALL are just fine with submission at time of filing.

Also, the NBC [i.e. Chicago Lock Box filings] does NOT adjudicate the adequacy of the I-864 -- it is the interviweing district that does that.

Actually, your case strikes as a lot more straightfoward than others I have seen here. Take a deep breath and plunge in if your facts are the only problems that are there. [I'm assuming no prior arrests or prior immigrant applications -- I had an interesting court hearing today where, Thank G-d haShem, I had a "mensch" of a trial attorney (and I use the complment even though the TA is female). We agreed that an I-601 fraud waiver is BADLY needed and as she was pointing this fraudulent document and that fraudulent document, I started showing her the points that she had missed. I promised both the TA and the IJ not to kill my client in the courtroom or its environs. That person's fee just skyrocketed -- if you have a lawyer, not only is it a bad move to lie to the government, it is even worse to lie to your lawyer].

Forgive me for the digression.

Good luck.

Okay, so I'm sending I-130, G-325a, I-864, I-485, I-765, and I-131 all at the same time. I should send them all together to the Chicago Lockbox?
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Old May 3rd 2005, 8:06 am
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Originally Posted by Saintana13
Thanks for the info. Where in the UK is your husband from?
He grew up on the South Coast, worked 20 years in London and left the UK over 10 years ago without looking back. Now that Mum's gone, I don't know that we'll ever go back... Mexico looks good though
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Old May 3rd 2005, 9:04 am
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Originally Posted by Saintana13
I didn't know chicken pox was required, I thought you just got chicken pox as a kid and that was that. The person at the doctor's office I called said he had to have to his vaccination records, if he didn't, he would have to have them done, but they don't do them at the doctor's, you have to go to the district health department here to have them done. It's kind of a mess. Tomorrow we will go and see the nurse and then if he needs vax we have an appointment to have him vaccinated on Thursday. Thanks for the info. Where in the UK is your husband from?
They'll do a blood test to check whether he is immune against chicken pox - which he will be if he's had it as a child (which is more than likely).

MMR is not required above a certain age (though I'm not sure where the cut-off is).

As he grew up in the UK, it is more than likely that he will have been vaccinated against TB, so his test will come back positive - which means that he will have to have an X-ray to show that he doesn't have active TB. Arrange to get this done at your doctor's office as it'll be cheaper than through the panel doc.

You'll get there!
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Old May 3rd 2005, 10:09 am
  #43  
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Originally Posted by Saintana13
I know my husband needs his vaccination records for the medical exam, but we're having a really hard time tracking them down in the UK since he can't remember all the doctors he's been to. So we decided to just go ahead and get him immunized again here. The nurse said she thought the only vaccinations he needs would be Tetanus/diptheria and MMR (Measles, mumps and rubella). Does anyone know if there are any others that need to be done as well, or does that sound right?
Can get a titre test to show what you are immune too, that way you don't need a new jab...
As for chicken pox, doctor asked me if I had it as a kid, which I did, then he just ticked it off for the vaccination supplement...needed to have a tetanus jab though or he wouldn't do the form, which I technically didn't need, had one 9 years ago, came back a weak positive, but he wouldn't sign me off unless I got one, $235 for the vaccination supplement and tetanus jab.
Titre tests after the medical cost me $30 ($150 total I think, might be less).

So definately shop around for doctors, I didn't have any choice, one place had a 2 month waiting list, two others were off on maternity leave, one had retired and one had died, so left me with the one I went, or a 3 hour drive.
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Old May 3rd 2005, 12:41 pm
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Default Re: Weird situation, get a lawyer? What if can't afford one?

Your records travel with you when you switch surgeries, well mine did.

I think the MMR cut off is 45.

For the life of me I can not remember what I was missing. I know it came with a tetanus booster so I had one more than I needed, seemed a lot of hassle to have had it seperately.

Also I have my NHS Vaccination Card which tells you what you have had and when.
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