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DV 2016 AOS Only

Hello to everybody, need help to resolve some issues..

I'm currently on A-1 Visa status in US.
Won the DV Lottery 2016 and filing for AOS thru USCIS.
Hired a lawyer.
Now, i'm a little bit confused about fees that i need to pay. My lawyer said that i need to pay 1070$ for filing AOS to USCIS, form i-485 and appropriate documents.
I saw that i need to pay 330$ to DOS and when i asked, he tells me that i don't need to pay this amount because i'm legally staying in US and will maintain my status until interview, and this (330$) fee is for folks that needs immigration visa...so please, people, help me resolve this misunderstanding.
If its possible, please explain.
Thanx, really appreciate your time and business
 
Sm1smom said:
IRS Transcripts!
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Mom,

I have sent out my application but I did not include any tax related documents, are tax related documents needed for everyone? I am a bit worried. Hope it doesn't apply to everyone.
My wife is still waiting my 2NL. Will keep update. Thank you.
 
Amir Umarov said:
Yeah thats what i thought too. Thank you very much Mom. I will go ahead and apply for OPT then, so that way to make sure everything is good because it would take months before i get an actual interview anyways and filing early wouldnt be any good. Now the question is that do i change the forms and include something in my AoS package indicating that i will be applying for OPT or that i have OPT?
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Aren't you already eligible to apply for OPT? That process can go on side by side with the AOS. Since you don't have the OPT approval yet, I don't think there's anyway you can indicate that with your package. Having the OPT approval is merely a back up plan for yourself.
 
Mike1987 said:
Hello to everybody, need help to resolve some issues..

I'm currently on A-1 Visa status in US.
Won the DV Lottery 2016 and filing for AOS thru USCIS.
Hired a lawyer.
Now, i'm a little bit confused about fees that i need to pay. My lawyer said that i need to pay 1070$ for filing AOS to USCIS, form i-485 and appropriate documents.
I saw that i need to pay 330$ to DOS and when i asked, he tells me that i don't need to pay this amount because i'm legally staying in US and will maintain my status until interview, and this (330$) fee is for folks that needs immigration visa...so please, people, help me resolve this misunderstanding.
If its possible, please explain.
Thanx, really appreciate your time and business
Click to expand...

Terminate your contract with your lawyer, the lawyer obviously has no clue when it comes to DV based AOS petitions. That lawyer could end up costing you in the long run.

Every DV selectee and their derivatives are required to pay the $330 DV fee per person regardless of whether they're processing AOS or CP, whether they're already in the US or outside the US. Read the first post on page 1 of this Thread, following the link to the AOS process listed there, treat that spreadsheet as your AOS holy grail, and you will quickly realized you don't need any lawyer to complete the DV based AOS process.
 
STAN2015 said:
Mom,

I have sent out my application but I did not include any tax related documents, are tax related documents needed for everyone? I am a bit worried. Hope it doesn't apply to everyone.
My wife is still waiting my 2NL. Will keep update. Thank you.
Click to expand...

If you've undertaken employment and paid your taxes accordingly, you're required to include the tax documents. No exception. What was your reason for not including tax related documents?
 
First, thank you very much for your reply. I just wat things to go smoothly, that's the reason I hired 30 year experienced lawyer...
My second question is, do I need to fill DS-260? I saw that I don't have to..
Please explain :)
 
Mike1987 said:
First, thank you very much for your reply. I just wat things to go smoothly, that's the reason I hired 30 year experienced lawyer...
My second question is, do I need to fill DS-260? I saw that I don't have to..
Please explain :)
Click to expand...

He can't possibly have 30 years experience doing AOS for DV as the program hasn't been around that long, and you already have confirmation that he has already given you wrong information on a critical issue. Nevertheless, it's your call. You may however want to browse for the forums for examples of where "experienced" lawyers have nearly cost people their green cards, saved only by them finding this forum (and more specifically sm1smom) in time.

It's also confusing to me that you claim to be paying this experienced lawyer but keep asking lots of questions here? Save your money by asking here or get your lawyer to earn his keep?!
 
Mike1987 said:
First, thank you very much for your reply. I just wat things to go smoothly, that's the reason I hired 30 year experienced lawyer...
My second question is, do I need to fill DS-260? I saw that I don't have to..
Please explain :)
Click to expand...

30 years of experience? :rolleyes::rolleyes: Definitely not with the DV based AOS process - yes I'm not a lawyer, but I can confidently point out the bad guidance he's giving you.

Regarding your 2nd question, again I will refer you to the AOS process spreadsheet which I referenced in my initial response. You might be thinking it should be easier for me to just say 'yes' or 'no' to your simple question, but the truth is you will be better served going through that spreadsheet. It will not only answer your current question, it will provide you with information regarding other questions you may also have, but which you're not aware of for now.
 
Sm1smom said:
If you've undertaken employment and paid your taxes accordingly, you're required to include the tax documents. No exception. What was your reason for not including tax related documents?
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I am a derivative applicant, I was not aware that I need to include tax related documents (I hope I don't need that). My wife as a principal, she does not have any employment yet so she does not have any W2. What should I do? I am a bit nervous now, I need your advise. Thank you.
 
Sm1smom said:
Aren't you already eligible to apply for OPT? That process can go on side by side with the AOS. Since you don't have the OPT approval yet, I don't think there's anyway you can indicate that with your package. Having the OPT approval is merely a back up plan for yourself.
Click to expand...
Yes i just checked the procedure and requirements on my university's website and i am eligible to apply for OPT. The reason i never looked in to it because i was thinking that i would just file earlier... I thought filing for OPT and for AoS at the same would be confusing to me and to USCIS. Wouldnt one interfere the other in this case? Also i was wondering about the 2nl's that some people are getting but some still didnt get anything. I completed my DS-260 back in may 9ths, but never got an email nor mail from KCC indicating that i have chosen AoS route.
 
Amir Umarov said:
Yes i just checked the procedure and requirements on my university's website and i am eligible to apply for OPT. The reason i never looked in to it because i was thinking that i would just file earlier... I thought filing for OPT and for AoS at the same would be confusing to me and to USCIS. Wouldnt one interfere the other in this case? Also i was wondering about the 2nl's that some people are getting but some still didnt get anything. I completed my DS-260 back in may 9ths, but never got an email nor mail from KCC indicating that i have chosen AoS route.
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The bottom line for you is that you simply must ensure to maintain uninterrupted immigration status throughout your AOS process until final approval. You will have to prove as much during your USCIS interview. How you achieve this is really up to you and you only, either you apply and get approved for OPT or you don't and find another way to stay in status - your call.
 
EURO2014 said:
The bottom line for you is that you simply must ensure to maintain uninterrupted immigration status throughout your AOS process until final approval. You will have to prove as much during your USCIS interview. How you achieve this is really up to you and you only, either you apply and get approved for OPT or you don't and find another way to stay in status - your call.
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Yes you are right, i will make sure that i will maintain my status. Being in the last semester of my courses that will end at the end of november and my CN EU13xxx assuming that it will be current in December, i guess i will have to apply for OPT in order to make sure that i will be maintaining my status during and throughout the AoS process. Thanks for your input.
 
STAN2015 said:
I am a derivative applicant, I was not aware that I need to include tax related documents (I hope I don't need that). My wife as a principal, she does not have any employment yet so she does not have any W2. What should I do? I am a bit nervous now, I need your advise. Thank you.
Click to expand...

The fact that your wife doesn't earn an income and you're the one earning the income sustaining your family is precisely why you should have included those as part of your wife's financial package. I mean how were you guys planning on convincing the IO your wife on her own wouldn't be a public charge.

Anyway, it's not too late. Have them on hand for when you go for your interview. And present them if requested.
 
Amir Umarov said:
Yes you are right, i will make sure that i will maintain my status. Being in the last semester of my courses that will end at the end of november and my CN EU13xxx assuming that it will be current in December, i guess i will have to apply for OPT in order to make sure that i will be maintaining my status during and throughout the AoS process. Thanks for your input.
Click to expand...
You are welcome. Best of luck, this can be a long process, yet your chances are success are high, in principle.
 
Amir Umarov said:
Yes i just checked the procedure and requirements on my university's website and i am eligible to apply for OPT. The reason i never looked in to it because i was thinking that i would just file earlier... I thought filing for OPT and for AoS at the same would be confusing to me and to USCIS. Wouldnt one interfere the other in this case? Also i was wondering about the 2nl's that some people are getting but some still didnt get anything. I completed my DS-260 back in may 9ths, but never got an email nor mail from KCC indicating that i have chosen AoS route.
Click to expand...

Bottom line: FILE FOR OPT!

You will get the 2NL eventually.
 
EURO2014 said:
You are welcome. Best of luck, this can be a long process, yet your chances are success are high, in principle.
Click to expand...
Yeah thank you very much, i just want to make sure that i dont mess things up in the long run. I have been in US for about 8 years now been going back and forth for summer vacation to my home country, my family have been here twice to visit me and i have been maintaining F1 status. I hope everything will go smooth.
 
Sm1smom said:
The fact that your wife doesn't earn an income and you're the one earning the income sustaining your family is precisely why you should have included those as part of your wife's financial package. I mean how were you guys planning on convincing the IO your wife on her own wouldn't be a public charge.

Anyway, it's not too late. Have them on hand for when you go for your interview. And present them if requested.
Click to expand...

We included a bank statement under her name as well as mine (the combined statements is more than 125% of poverty limit). I also included my letter of offer, and pay stub. At first when I go through the spreadsheet, I thought those listed under the spouse are the documents needed from derivative applicant. I guess I had misunderstood. But thanks for your reply, I will make them ready and bring them during interview. BTW, my wife received 2NL already. I will keep update.
 
Amir Umarov said:
Yeah thank you very much, i just want to make sure that i dont mess things up in the long run. I have been in US for about 8 years now been going back and forth for summer vacation to my home country, my family have been here twice to visit me and i have been maintaining F1 status. I hope everything will go smooth.
Click to expand...
Some of the few potential pitfalls transitioning from F-1 to Green Card through DV are the following:

a) unauthorized employment - make sure you have all your CPT and OPT ducks in a row and well documented, in case you have worked any time off campus while under F-1 and
b) overcoming "public charge" concerns - as you will be graduating by the end of the Fall 2015 Semester, check whether you will be able to present an preliminary employment agreement (another reason to apply for OPT, as this might help you to facilitate the former) and/or present other financial documentation to help you argue your case.

Other than that, you should be fine, presuming you have been all "clean" during your time preceding your F-1 status, as well. Again, best of luck!
 
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