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lawyer or can we do it ourselves?

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  • #31
    I remember an old TV commercial for some insurance company, it was a cartoon if I recall correctly, where a group of adjusters were being trained. They were all repeating "what do we say? WE SAY NO.. what do we do? DENY THE CLAIM"...
    Remember that adjustment of status is a discretionary measure. If you're willing to give it a shot on your own, you go right ahead. I'd hire the best attorney available, you're investing in your own future.
    As for the name change, USCIS is concerned with the bona-fide intent of the marriage, not the viability of the marriage (Matter of Sosa, overruled). Simply put, you may use your maiden name if you so decide, there's many reasons as to why people want to continue using one name instead of another; work-related reasons, family reasons, personal reasons or maybe you don't want to deal with the paperwork. You must show that you married in good faith, the name you use is irrelevant. USCIS is concerned with the intentions you had when you got married, what happened the hour after the wedding is irrelevant to them.
    This is another reason why an attorney should come handy. This is NOT legal advice, contact a lawyer if you need legal help.

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    • #32
      Hudson u are so helpful...do u think if i told them i just love my name to death (which is True)compared to my husband's name..(my husband's name just never sinks in but i love him..i dont love the name)
      Another question...do u know if i can go ahead and work even without the EAD since i have my SSN
      I would recommend not to work without the EAD, even if it is under the table, so to speak. It will depend on how close you are to the interview. If you are relatively close, then I would wait. If you have just filed, I would submit the I-765 via electronically and submit payment accordingly. The process time for a EAD is about 2-4 months.
      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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      • #33
        Hi- me again. Thanks everyone for all the advice and yes I am a US citizen. My husband was here on the J-1 visa (2 year rule not applied- a lawyer we have been in contact with already told us that was a good thing) and it's been about 6 months since it was up. I'm not a total stranger to this immigration stuff so I feel okay about doing the paper work ourselves, I just wasn't sure about the overstay problem. After reading all the replies I do now have a few questions...
        About the supplement form-- we need the 485A?
        Also, they DO except plain old regular copies--of EVERYTHING? Last: the evidence- I had been looking for that in all the forms- had I just missed it? But so we DO need to send those things in with the application packet?
        Ah, another thing--where to mail (and what is the best way? FED EX so we can track it and have a signature?)- my research has come up with this express mail address for ALL the forms in ONE packet:
        427 South LaSalle St. 3rd Floor
        Chicago IL 60605-1098
        Can you tell me if this is correct --I had some trouble nailing down one address.

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        • #34
          Smokey: you should call SSA office, explain situation and your "change of mind" and ask them what they would require in the way of documents to make one more "name change". They may ask for a recently issued document as a proof of name change like COURT ORDER. So, then you check out what involves getting that document...after all that, if you still want to chage name, check out what USCIS will ask for to re-do name on all your applications. If you are certain you can change your name with the USCIS AND SSA, then go ahead, otherwise you may end up changing it with only USCIS or SSA, and that may create a problem in the future.

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          • #35
            zicpe: download I-485A form and read through the instructions. You should be able to conclude if you need it. I say you don't.
            - yes, you do need to send all the evidence (doesn't I-485 says that?), and yes it can be a regular copy
            - the last I heard is that when I-130 and I-485 are filed together, they should be sent to Chicago, some PObox. I'll try to look it up.

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            • #36
              If anyone is following this I just wanted to update what I have found out--
              Had a consultation with a lawyer and no we don't need the I-485A. She also said about the evidence that they usually wait to bring that to the interview (she seemed to think sending them too much info slows it down sometimes) but I could send it if I wanted. She said what they are first looking for are the basic things that prove the relationship like marriage cert. And the address is Chicago for this particular application --there are 2 addresses- a PO Box for regular mail, and a street address for express mail. She was positive as we discussed our situation and didn't seem too too concerned. I'd say the consult was worth it but unless we run into any problems we will do this ourselves.

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              • #37
                Zicpe, what Prof. said to you is very true you should file the paper yourself that's if there are no problems, I file all the forms myself while a friend of mine went through a lawyer because someone told her she would receive her's faster, I file the form on the 7th of April of last year had the AOS on the 7th of March and receive green card on the 24th of march my friend that went through the lawyer still waiting for the greencard in the mail while lawyer giving her the run around by the way she had her AOS 2 months before mine!

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                • #38
                  Zicpe, what Prof. said to you is very true you should file the paper yourself that's if there are no problems, I file all the forms myself while a friend of mine went through a lawyer because someone told her she would receive her's faster, I file the form on the 7th of April of last year had the AOS on the 7th of March and receive green card on the 24th of march my friend that went through the lawyer still waiting for the greencard in the mail while lawyer giving her the run around by the way she had her AOS 2 months before mine!
                  Depends on one's comfort zone in filling out legal documents that can possiblely have detrimental effects if filed incorrectly. Considering that the spouse was out of immigratino status, it was not as simple as you might think. Hence the reason for going to the attorney and obtaining legal consultation. None of us here are legal experts in immigration law and our opinions on how one should file is more based on personal experience and knowing the information in the instructions. However, knowing that US laws have exceptions, exceptions to the exceptons, exceptions to the exceptions to the exception, and so forth, legal advice should always be an opion, especially if the person is uncomfortable with the legal process.
                  "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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