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Please advise - ONE ATTORNY SAYS ONE THING AND ANOTHER SAYS SOMETHING ELSE

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  • Please advise - ONE ATTORNY SAYS ONE THING AND ANOTHER SAYS SOMETHING ELSE

    I was here on a school visa and met a wonderful woman (my girlfriend). I went home to Australia, and my girlfriend was going to come over to see if she could live there. She decided to stay in LA, due to her great job with a tv network and her family. I can over to vistit on a tourist (3 month) visa. We decided to get married, which we did. We hired an attorny, who told me that I needed to obtain another student visa in order to stay out of trouble with INS. He told me it would cost $2500.00, which I paid, to inroll in school and in addition to changing the visa status. In talking to a friend, I was then told that it was not necessary to inroll in school after I got married, that the rules all change for me at that point in time. I hired a different attorny, who said that I did not need to inroll in school. He could start the paperwork as soon as he received the appropreate information. Which is true? Could someone PLEASE advise me on who might be telling the truth. At this point I'm really confused and discouraged. Am I being taken on a ride??? Thank you in advance for any advice.
    Best Regards.

  • #2
    I was here on a school visa and met a wonderful woman (my girlfriend). I went home to Australia, and my girlfriend was going to come over to see if she could live there. She decided to stay in LA, due to her great job with a tv network and her family. I can over to vistit on a tourist (3 month) visa. We decided to get married, which we did. We hired an attorny, who told me that I needed to obtain another student visa in order to stay out of trouble with INS. He told me it would cost $2500.00, which I paid, to inroll in school and in addition to changing the visa status. In talking to a friend, I was then told that it was not necessary to inroll in school after I got married, that the rules all change for me at that point in time. I hired a different attorny, who said that I did not need to inroll in school. He could start the paperwork as soon as he received the appropreate information. Which is true? Could someone PLEASE advise me on who might be telling the truth. At this point I'm really confused and discouraged. Am I being taken on a ride??? Thank you in advance for any advice.
    Best Regards.

    Comment


    • #3
      Well, it depends. Did you entered using B1/B2 visa or VWP when you enter to marry her? How long after you entered USA did the marriage took place?
      At this point, it might be moot anyway if your status has already been changed to F1 visa. If that's the case, then you can proceed with the AOS, without having to maintain enrollment requirement. Just make sure that's truly the case first.

      Comment


      • #4
        How long were you here before you got married? The main issue is that immigration could take the stance that you intended to marry when you came here on vistor's visa, that you circumvented the system. If you got married during the last part of your visa you stand a better chance. You can do the paperwork yourselves, don't need an attorney to do it.

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        • #5
          If true, you should sue him for fraud; enrolling in school is a fraudulent scheme and i think you are lying as well; you can just apply for adjustment of status; why the games and lies? Honest people don't need lawyers.

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          • #6
            I entered on a I-94 visa with an due date of 1-07-06. We got married on 12-18-05. We went to Mexico for a weekend to relax, shop and have fun; and on the return I was questioned by BP because I couldn't find my green card. I should have been more careful, I learned my lesson the hard way. They were kind enough to give me another green card expiring on 3-23-06. Did I need to inroll in school and pay $2500 to change my visa status? Or did I get taken? The paper work seems to be confusing, and I'd rather pay someone to file them correctly. I just dont want to be taken.

            Comment


            • #7
              Michael, you seem to be extremely harsh and judgmental. This is not a game. I have put my complete trust into a lawyer, whom I expect to direct me in the right direction. I'm not familier with the process, therefor, I've hired a layer. I've been told many things which have confused me. Now that I know about the 'adjustment of status' I will bring it to his attention. Thank you for the insite. If you are not willing to help in a positive way, please don't corrispond.

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              • #8
                OK you don't have a green card; you have a visa; which is totally different ; your lawyer is retarded; you should take your anger out on him and not me; find yourself a competent immigration lawyer and not just a regular lawyer; your lawyer sounds is just using you and giving you awful advice; a normal lawyer would charge you less than $1000 for this case and would have simply done an adjustment of status without the games of ENrolling in school

                Comment


                • #9
                  Green i-94 means you entered with VWP.
                  In general, its hard for visitor on VWP to get married and initiate AOS, because an entrant under VWP is not supposed to do so with "intent to immigrate". If you get married, then its up to you to prove that you haven't already plan to do so when you first entered the country. The longer the marriage took place from initial entry date, the better your case will be, since people do change their mind constantly. The good thing is your marriage is over 60 days since your entry date, which some has indicate to be the "magic" number that USCIS used to bolster their position with regard to proving "intent to immigrate" or not.

                  Now, as whether its necessary to pay $2500 and change to a student visa, afaik, its not possible to change status to F1 (student visa) while you're under VWP. You've to exit the country and apply from the embassy/consulate abroad. Someone please correct me if I'm wrong, but if not, then yes, you've been taken.

                  Comment


                  • #10
                    Michael, thank you. I'm not angree with you, I just thought you were a little harsh. I'm trying to get advice on what to do. I'm disappointed in how things are going. I was referend to this immigration lawyer, and I thought he knew what he was doing. As I stated, I'm not familier with the American (immigration) legal system. This is why I believe what I'm told by my layer. Thank you for you help.

                    Comment


                    • #11
                      Do not file anything.

                      Leave the country before the expiration of your I-94, and have your spouse file the immigrant petition for you.


                      Good Luck,
                      IE

                      Comment


                      • #12
                        Maybe check the USCIS website (there is new information for the the people of OZ) and read and review what you can. You can do your own research from the website and it is accurate!(Just key in USCIS and you will get to the page). Also the Department of State website is good.

                        The information in this forum is interesting but every country has different rules for filing with immigration and with Visa waivers, tax treaties and numerous other government agreements one needs to go to the source which is the USCIS website. Oz is one of those countries with different agreements. (Member of the Commonweath etc.)

                        Michael is probably right and you were taken by that attorney. Contact the Law Society in your area and you can file a complaint if you really feel you were taken advantage of - they will investigate for free.

                        You don't need a lawyer but you need to be informed and get the right information. You can also phone the USCIS customer service and ask questions. They have always been right and straight with me.

                        Let us know how it goes.

                        Comment


                        • #13
                          Anytime you set foot in an immigration attorney's office, you are being taken for a ride. Their only objective is raking in money by the carload - they charge you the same whether you get a benefit or not.
                          Just ask the next greedy practitioner of 'immigration law' (which statistically only involves charging the uninformed $200 an hour to fill out simple forms) to show you what authority these avaricious and greedy underminers of America have over DHS or UCIS or embassies overseas.....if they try to go around the topic, well, head for the exit.
                          Nothing matters to these clowns except $$$$$.

                          Comment


                          • #14
                            Lani, why are you constantly telling people to not listen to people from this site and to only go to an attorney? Are you an attorney? There is a lot of good info available on immigration websites and a lot of people who have gone through the processes they write about. Any wise person would not act on what one person says without reading a lot, using their head, trying to get a free immi attorney consult and basically just educating themselves. But I know of several cases where attorneys have RUINED peoples' lives, and the lives of their family members, by handling their cases incorrectly, giving bad advice or, in some cases, just not filing things they said (and charged fees for) that they had filed. You have to educate yourself about the process in all ways available to you. As important as doing it correctly is, that is the only prudent thing to do.

                            Comment


                            • #15
                              I know of case where an attorney charged a man (a man with a PhD mind you) to file EAD's for his 12 year old.

                              I know of a case where an attorney filed a change of status for a professor but neglected to tell him that it was for consular processing

                              I know of a case where an attorney filed an NIW and did not include evidence that the professor had a patent on a product being used by the U.S. military

                              I know of lots of attorneys that charge 10k to file a GC and 5k to file an H

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