I-130 Question

[TheDude1427]

What is the name of your state (only U.S. law)? GA


Hey guys!

I've been doing a lot of reading in regards to US immigration laws and I was hoping to borrow your experience for verification or clarification.


Once the I-130 is processed and approved, is that when the person recieves a GreenCard?

Estimated time of completion for the 130? (I've read from as soon as 6month to as long as 24month)

(I realize this next question is a matter of opinion, but I'm curious to see the replies)

I was quoted $3000 for the services of an immigration lawyer for my wife's pending case. Is that outlandish or on par for the services of an ImmigrationLawyer?


Thanks VERY much for the time!!!

~Nick

 

[NYImmLaw]

1. If you are filing for your spouse who is already in the United States then you will file an I-130 (Immigrant Relative Visa Petition) to give your spouse an immigrant visa. Then she will need to file an I-485 (Application to Adjust Status to Lawful Permanent Resident) for herself, which is what gives her a greencard. The approval of the I-130 only grants your spouse the ELIGIBILITY to get a greencard. She must still file the I-485 in order to actually get the greencard.

2. Whether $3000.00 is a fair price really depends on the situation and whether the price includes the filing fees (which are nearly $1400 at this time). However, if your wife is already present in the United States and previously lawfully entered the U.S. with her own passport and has no criminal issues and no prior immigration issues, then paying $3000.00 just for the attorney's fees and then paying the filing fees on top of that seems a bit much. You could find a good attorney to do it for less than that. However, if there are problems which may require extra work or require the attorney to attend the adjustment interview with you and your wife, then this would change things significantly with regard to the attorney's fees.

[Edit] - If you are a U.S. citizen you can file the I-130 at the same time as your wife files the I-485. This is called "filing concurrently." If you are an LPR or if someone else has filed for your wife, like her sister or brother, then the situation is completely different.

 

[evcalyptos]

And, NYIL's answer applies ONLY if you are a US citizen. If you are a PR yourself.j

You also mention your wife's --pending-- case.. what is pending?

Short version: No, an I-130 approval is not what gives someone a Green Card. The alien also needs a "visa number" to be available for them, and the wait in some categories can be years.

Again, impossible to tell you if that fee is fair since we have no idea what you're doing, from where, with what history etc.

 

[TheDude1427]

First off, thank you very much for the replies! NyImm, thanks for breaking down the difference between the two. Sometimes the way things are worded can be very confusing. But I understand now.

You also mention your wife's --pending-- case.. what is pending?

I say "pending" because we have yet to take any action. I'm just doing some FactFinding so I can be better prepared in whatever way we decide to go with this (IE: With or without a lawyer).

As far as specifics:

Yes, I am a US born Citizen. She does have a clean history however her parents brought her here illegally when she was a kid (Which will probably make things difficult?). She also had a child when she was here (7 y/o) but I dont think that can help our situation.

As far as the 3k for the lawyer goes, I dont have to tell you guys that times are tough for all of us at the moment lol.

I'll share more information but not on this thread. I wholeheartedly welcome you guys to PM me!

Thanks again!
~Nick


PS. Assuming the paperwork for the 485 is 150% correct/clear/documented etc, what kind of time table do you think I'd be looking at? (Without a lawyer)

 

[evcalyptos]

As far as specifics:

Yes, I am a US born Citizen. She does have a clean history however her parents brought her here illegally when she was a kid (Which will probably make things difficult?). She also had a child when she was here (7 y/o) but I dont think that can help our situation.

As far as the 3k for the lawyer goes, I dont have to tell you guys that times are tough for all of us at the moment lol.

Right. Stop right there. Your case just went from 'yeah you can do this yourself' to 'you MUST have some legal help'. Disclosure: I am not a lawyer, I went through this process myself for my spouse and read/research a lot.

By Entering Without Inspection/EWI, your wife immediately became --ineligible-- to adjust status in the US (I-485). Filing one will be money down the tube based on what you've said so far.
If by some chance she made an inspected entry, now is the time to bring that up and have proof (I-94 card, passport stamp etc).

By remaining + one year after turning age 18, she earned a 10 year ban from the US. This ban period starts from the day she steps outside the US.

There is a waiver of this ban, based on extreme hardship to a US citizen (you, and to some degree her child). These waivers are very specifically and carefully written. Use ONLY a lawyer who has been successful.

Use a specific discussion group for this topic; most people don't know the details of doing this sort of case. The top user group is the I-601 forum at Immigrate2US.net
Note that there is a forum for Mexico and Everyone Else. Mexico has a special program for these waivers because they do so many.

Use the lawyers and senior posters there for guidance and consider a paid consult with the two lawyers who volunteer there. Double and triple check every piece of information you get.

This is not easy. Your wife is going to have to leave the US to become a PR, and you're going to want to be sure she can get back in afterward, so prepare. The I-130 can be filed now, and eventually your wife will go for an --Immigrant Visa-- interview in her home country. The visa will be denied and instructions given on how to apply for the waiver. After the waiver is approved, the visa can be approved, and when she comes back to the US, she becomes a Permanent Resident (green card).

 

[TheDude1427]

Wow. That kinda sucks.

Thanks for your reply E. I understand that you are not a lawyer but your experience is invaluable to me.

I know she left the US before she turned 19 but I need to find out exactly when. Seems like: < 6months = a 3yr ban and 12months+ = 10yrs. But I wasnt able to find the inbetween. Shes been out of the US for 7years now.

Her home country is Brazil.

She did NOT enter illegally. She entered on a tourist visa. She just happened to meet a charming gent that she wants to spend the rest of her life with . The visa is still valid.

Well, "legal help" just got a violent shove into my future, it seems.

 

[evcalyptos]

Wow. That kinda sucks.

Thanks for your reply E. I understand that you are not a lawyer but your experience is invaluable to me.

I know she left the US before she turned 19 but I need to find out exactly when. Seems like: < 6months = a 3yr ban and 12months+ = 10yrs. But I wasnt able to find the inbetween. Shes been out of the US for 7years now.

Her home country is Brazil.

She did NOT enter illegally. She entered on a tourist visa. She just happened to meet a charming gent that she wants to spend the rest of her life with . The visa is still valid.

Well, "legal help" just got a violent shove into my future, it seems.

hi again,
RE: the bans.. it is one or the other. If + 6 months but -one year, it's a three year ban.

But your time line is a little confusing to me. At any rate, with the various issues involved (and that is great news that her entry was from a tourist visa), you really need a legal consult to start with.
So that you get the most bang for your buck on that, I encourage you to not make a move too fast. Do some research (you are dong very well at finding things so far!) so that you're familiar with the structure and lingo. Have some specific questions.. it's ok to ask online first but you should be careful and diligent about the answers you get.
Just be sure you know what you're doing before filing anything. Once you get into the system it's near impossible to correct or change a thing, and there can be unintended consequences.

Sometimes just interpreting the law, or knowing how CIS interprets it, can be impossible for a layperson to know. In the meantime you are together by the sound of it (so many are separated for too long) and if she got a tourist visa after being here as a child, that is a good sign (but that isn't clear from your post).
You also have not made mention of her child (born USC?). If the child will be with you that will affect the household size for the financial support document.

One step at a time.. good luck to you!