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Is it really fine to wait two years after getting married to a US citizen to file for adjustment of status ?

Columbus, OH |

I have been married to a US citizen for a 6 months now, we barely make our living, we spoke to a lawyer, he asked for 5 thousand dollars for the whole process, plus 1500 dollars for the application . is it totally fine to wait like one more year before we apply , I am trying hard to save some money, I have heard from a friend that he waited 6 months but the officer was hard on him because of that and told him why did you wait that long ? so does that really going to trigger more questions or something like denying the case ? I am out of status and have no work permit

Attorney Answers 5

  1. Best answer

    I agree with my colleague. You should contact other attorneys and inquire as to what fees they charge for your case. Be careful of using notarios who claim they can file your papers but will only steal your money and make false promises. You can ask the attorney for her/his bar number and check to see if s/he is licensed in the US. Good luck.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

  2. 5k is a bit high unless you have some very unique circumstances. You may want to consult with other attorneys and you'll likely find excellent representation at a much lower rate.

  3. There is no legal issue with waiting to file your application, except that while it is unfiled you are unable to receive employment authorization and cannot travel until you receive status. Also, you will not begin your statutory period to obtain naturalization. there is an advantage to waiting for 2 years after having been married. You will receive the ten-year resident card as opposed to receiving the two-year conditional resident card. But the advantages to filing sooner in my opinion, outweigh the sole advantage of waiting.

    Attorneys charged different fees. You may want to check with another attorney or to to see if they may offer a lower fee and/or fee arrangements. I know, our law firm will work with the client to set up a fee schedule that fits the client's budget. I believe there are several other firms that offer this as well.

  4. 5K is a bit high for this market.. unless there are "issues" with the case. Waiting 2 years is not a problem
    Find a lawyer you can understand and trust

    Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at

  5. The sooner you get lawful status and citizenship, the sooner your rights and privileges of citizenship will be secure. Within 90 days of filing your applications, you will get a work permit. This can help you with the financial issues. If you do not yet have children or significant joint assets, it is advisable to use a lawyer to help you prove the validity of your marriage, but $5,000 sounds unreasonably high unless you have some major complications that you have not mentioned.

    You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.

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