anxious and desperate-- on AOS

[tomatt]

Hi everyone! I'm hoping to receive some advice as to what my husband and I should do.

aug 2013- husband came as a student
july 2014- husband filed asylum case and work authorization due to financial hardship, requiring him to work
july 2016- we met and started dating

we discussed marriage and starting a life together however the lawyer that was handling his case kept him on the back burner and wasn't much help. I advised he should seek another attorney and get a second opinion.
july 2017- we got married and decided, with the advice of new attorney to drop asylum case and I would sponsor him. We submitted paperwork soon after.
Oct 17- husband received notice to show up in court for removal proceedings since dropping asylum case ( was told we needed immigration interview before they can dismiss)
May 18- Gave birth to our daughter
Oct 18- I quit my job due to issues finding a sitter for my oldest child (who is on the spectrum)
March 18- scheduled for interview


My husband is currently working but money is tight. I'm afraid with me sponsoring him and now not working, it'll affect us negatively. I am trying to get another lawyer to take on our case in the meantime as our current lawyer doesn't seem very knowledgable and is asking for $3k on a last minute notice. It is difficult in such a short time frame. I'm hoping for some advice as to what we can expect/ what can we do to make our situation better. I am anxious and desperate. Any advice is appreciated.

[Guest]

Hi everyone! I'm hoping to receive some advice as to what my husband and I should do.

aug 2013- husband came as a student
july 2014- husband filed asylum case and work authorization due to financial hardship, requiring him to work
july 2016- we met and started dating

we discussed marriage and starting a life together however the lawyer that was handling his case kept him on the back burner and wasn't much help. I advised he should seek another attorney and get a second opinion.
july 2017- we got married and decided, with the advice of new attorney to drop asylum case and I would sponsor him. We submitted paperwork soon after.
Oct 17- husband received notice to show up in court for removal proceedings since dropping asylum case ( was told we needed immigration interview before they can dismiss)
May 18- Gave birth to our daughter
Oct 18- I quit my job due to issues finding a sitter for my oldest child (who is on the spectrum)
March 18- scheduled for interview


My husband is currently working but money is tight. I'm afraid with me sponsoring him and now not working, it'll affect us negatively. I am trying to get another lawyer to take on our case in the meantime as our current lawyer doesn't seem very knowledgable and is asking for $3k on a last minute notice. It is difficult in such a short time frame. I'm hoping for some advice as to what we can expect/ what can we do to make our situation better. I am anxious and desperate. Any advice is appreciated.

I don't understand why your lawyer would tell you to drop the asylum case before your husband got his GC. That was a very bad idea, IMO. You can have two petitions going at once, the asylum would not have affected the marriage-based process & now if the marriage based process is denied, he has nothing to fall back on.

Anyway, it's no use going over that since it's done. Moving forward, you should look for lawyers who have experience with clients going through the marriage-based process where the USC is supported by the immigrant. It's not unique, so any kind of experienced immigration lawyer should be able to walk you through it. And do look for an immigration lawyer. If the lawyer practices like 5 different types of law, chances are they will not be good in immigration.

I think you have a good, logical reason for staying home & that the USCIS officer will understand that, but that's just my opinion. When my husband and I had our interview, I was working but when we applied, I was a student & not making any money so we just had his income to use. For us it went fine, but I understand your concern and my only real advice is to research a lawyer before you hire one, find one that only does immigration, and has at least a few years' experience.

and 3k is a lot for an interview, even with only 3 weeks notice, in my opinion.

[nickdog]

Hi everyone! I'm hoping to receive some advice as to what my husband and I should do.

aug 2013- husband came as a student
july 2014- husband filed asylum case and work authorization due to financial hardship, requiring him to work
july 2016- we met and started dating

we discussed marriage and starting a life together however the lawyer that was handling his case kept him on the back burner and wasn't much help. I advised he should seek another attorney and get a second opinion.
july 2017- we got married and decided, with the advice of new attorney to drop asylum case and I would sponsor him. We submitted paperwork soon after.
Oct 17- husband received notice to show up in court for removal proceedings since dropping asylum case ( was told we needed immigration interview before they can dismiss)
May 18- Gave birth to our daughter
Oct 18- I quit my job due to issues finding a sitter for my oldest child (who is on the spectrum)
March 18- scheduled for interview


My husband is currently working but money is tight. I'm afraid with me sponsoring him and now not working, it'll affect us negatively. I am trying to get another lawyer to take on our case in the meantime as our current lawyer doesn't seem very knowledgable and is asking for $3k on a last minute notice. It is difficult in such a short time frame. I'm hoping for some advice as to what we can expect/ what can we do to make our situation better. I am anxious and desperate. Any advice is appreciated.

Im not a lawyer, however, if he came here legally (ie with a visa), then he would be eligible to get a green card via marriage.
He would just have to explain why he dropped his asylum case, and prove that your relationship is bona-fide (you have a child)
You need to find an experienced lawyer, theres is also posts on this forum that will help you figuring out how to organize your evidence of bona fide marriage in a way that will make it simple for the officer interviewing you to understand.

[tomatt]

I don't understand why your lawyer would tell you to drop the asylum case before your husband got his GC. That was a very bad idea, IMO. You can have two petitions going at once, the asylum would not have affected the marriage-based process & now if the marriage based process is denied, he has nothing to fall back on.

Anyway, it's no use going over that since it's done. Moving forward, you should look for lawyers who have experience with clients going through the marriage-based process where the USC is supported by the immigrant. It's not unique, so any kind of experienced immigration lawyer should be able to walk you through it. And do look for an immigration lawyer. If the lawyer practices like 5 different types of law, chances are they will not be good in immigration.

I think you have a good, logical reason for staying home & that the USCIS officer will understand that, but that's just my opinion. When my husband and I had our interview, I was working but when we applied, I was a student & not making any money so we just had his income to use. For us it went fine, but I understand your concern and my only real advice is to research a lawyer before you hire one, find one that only does immigration, and has at least a few years' experience.

and 3k is a lot for an interview, even with only 3 weeks notice, in my opinion.

Thanks! She was referred by a friend and was told not to worry, we were in good hands . I, of course, knew the deal the first time she asked for money in 2 weeks notice. My husband is afraid of switching lawyers again and just wants to stick it out. However, while doing so, we are already tight on money and having to borrow from family. It?s already a tough situation. Unfortunately I have contacted free lawyers in NYC & was told since we are already so deep into the process, our best bet is sticking it out. I?m just worried because after our interview, they still need to drop his removal proceedings and she mentioned a motion is needed (Aka more money)😢