my husband

[Caroline]

I posted a while back regarding my husband. We have since seeked legal advice. The fees the attorneys want are $2950 and the filing fees $425. Our case is as follows:

my husband came over on a J1 visa in 2000-2002. We got married during this and I was just a permanant resident then. We left so to not avoid overstaying J1 visa. We came back in March 2003 he came in on a visitor visa. This visa on entrance was reduced from a6 month to a 4 week stay. On the passport it says R B1/B2 and on the stamp in it has got B2 written in and until april 19th 2003.

In this time I have become a citizen. He has overstayed his visa and is just under 12 months. We know about the ban timelines. Our lawyer was confident that it would be ok to adjust my status if we made out that I had no intentions of overstaying in the first place. Proof of this can be plane ticket and offer of employment back home.

My question is should we just get it over and done with and pay the attorney and make it possible for me to work in 90 days or is it more likely that I will be denied without getting an attorney to help with our story? He is not required to do the 2 year home stay on his J1 visa. Our main goal is for him to work ASAP.

[Caroline]

I posted a while back regarding my husband. We have since seeked legal advice. The fees the attorneys want are $2950 and the filing fees $425. Our case is as follows:

my husband came over on a J1 visa in 2000-2002. We got married during this and I was just a permanant resident then. We left so to not avoid overstaying J1 visa. We came back in March 2003 he came in on a visitor visa. This visa on entrance was reduced from a6 month to a 4 week stay. On the passport it says R B1/B2 and on the stamp in it has got B2 written in and until april 19th 2003.

In this time I have become a citizen. He has overstayed his visa and is just under 12 months. We know about the ban timelines. Our lawyer was confident that it would be ok to adjust my status if we made out that I had no intentions of overstaying in the first place. Proof of this can be plane ticket and offer of employment back home.

My question is should we just get it over and done with and pay the attorney and make it possible for me to work in 90 days or is it more likely that I will be denied without getting an attorney to help with our story? He is not required to do the 2 year home stay on his J1 visa. Our main goal is for him to work ASAP.

[Old Man]

Do you need to spend three grand on a lawyer? No, I say. No, you do not. File for AOS. Be prepared to establish that you were not committing fraud or circumventing immigration law.

[Caroline]

Thanks old man you replied to me before. How do you suggest that I do this. The return ticket my husband bought was actually forced upon him to buy. Anyhow he has evidence that he did intend to leave. With him getting his visitor visa he had to prove ties to home such as a letter of employment offer. He has not worked here and has not tried to adjust status hile on his visa so did not show that he did purposfully try and get around immigration. I am also due a baby in 2 weeks so he did not want to leave but he had already overstayed by the time I fell pregnant. Any ideas?