B1 Marrying US Citizen

[punit3327]

Hello Everyone,

I need help regarding applying for my wife to adjust her status from B1 to permanent resident.

Please help me with the following questions:

(1) Do we need to higher a lawyer, if we do, will the USCIS office know that the petition is filed by a lawyer or is there any way for them to know that we highered a lawyer?

(2) Since my wife has a VISA for 3 months only, I want to apply for the status change ASAP. Once we file the papers, what is the process takes place afterwads i.e. how can she stay in USA after her visa expires after three months.

How would I know that they have accepted my petition and it is in the process?

If possible please also provide me additional information related to my case.

Any help is appreciated

[fchiriani]

Hello Everyone,

I need help regarding applying for my wife to adjust her status from B1 to permanent resident.

Please help me with the following questions:

(1) Do we need to higher a lawyer, if we do, will the USCIS office know that the petition is filed by a lawyer or is there any way for them to know that we highered a lawyer?

(2) Since my wife has a VISA for 3 months only, I want to apply for the status change ASAP. Once we file the papers, what is the process takes place afterwads i.e. how can she stay in USA after her visa expires after three months.

How would I know that they have accepted my petition and it is in the process?

If possible please also provide me additional information related to my case.

Any help is appreciated

I applied for I-130 Pettion for alien relative, then I-485 (adjustment of status) & I-765 (employment authorization) My visa was B2. If you think you can do it you don't need to hire a lawyer

[punit3327]

Aos

I applied for I-130 Pettion for alien relative, then I-485 (adjustment of status) & I-765 (employment authorization) My visa was B2. If you think you can do it you don't need to hire a lawyer

Thank you for your advise.

Have you already been interviewed by US consulate? Please let me know what questions did they ask.

Have the status of your alien relative been changed?
What was the purpose of the visit of your alien relative?

Thanks Again,

[howiej1]

Re:

It doesnt matter how long your wife's visa is for. If she overstays her visa and accrues time in illegal status this will be forgiven as long as you are a US Citizen when you file her I-485. Once you file the paperwork she will be in legal status pending the outcome of the adjustment process.I would suggest that you thoroughly review the adjustment of status and obtaining a green card information found on this site. The info here is very substantive, detailed and helpful. You should also review the information regarding becoming a permanent resident found on the USCIS website at www.uscis.gov.

The info found in these two places helped me tremendously and I didnt need to spend hundreds of dollars for legal service. However, that determination should be solely based on how comfortable you are in attempting to complete this process on your own. Do some research on these sites and if your not comfortable then get an immigration attorney.With careful and thorough research however you can complete the forms and save yourself a lot of money.Nevertheless, once you or your attorney submits the paperwork USCIS will issue a series of Receipt Notices telling you when your forms were received, when your case was entered into the USCIS system, when and where to go for fingerprinting and interview etc. These receipts are labeled I-797 and contain all the info and instructions that will tell you what you need to do.

Hiring a lawyer doesnt make USCIS any more or less suspicious of your wife's case, status or anything else. US Immigration law allows for you and your wife to have an immigration attorney represent you during this process.The immigration process can be very complex and tedious and a lot is at stake when it involves loved ones and relatives so if you feel you need an attorney hire one to protect your interests.

Good Luck!!

[cardamom]

Hi,

I suspect that our cases are somewhat similar - like your wife I am here on a B1/tourist visa (married to a USC)and am filing an AoS soon. We too have been wondering whether to hire a lawyer or not and basically from what I've read on this and other forums, and on the process itself, putting in the forms should not be difficult to do without a laywer.

The issues (for us at least) that may push us to hire a lawyer are basically:
1. the belief that a lawyer may help quicken the process/ clear up any unforeseen delays ;
2. to have a professional around to discuss steps along the way, especially regarding possible accustations at the GC interview of intent to reside at the time of entry (that I entered as a tourist and am now adjusting status); and
3. someone to help us deal with a waiver situation should it arise.

The points we currently have that suggest we don't need a lawyer are:

1. We have a straightforward case which doesn't warrant this expense;
2. The lawyer cannot in reality, really help us prepare any better for the interview or alter who we get to interview us (from what I hear of cases it really is arbitrary/dependent on the interviewing officer as to whether we are accused of misrepresentation at the POE during the interview or not); and
3. Should we need a waiver or get delayed, we can at that point hire a lawyer.

In the end, as HowieJ1 mentioned, it is all about peace of mind. I'm not sure how much more help a lawyer can be but it is interesting to me to know if you and your wife decide to go the route of hiring a lawyer or not.

Good luck!!