DV 2017 AOS Only

[Sm1smom]

In MHO, there's nothing contradictory in what I've said or posted so far.

- A person on F1 status files an AOS petition which gets accepted by USCIS.
- Once the current F1 status expires, you're automatically in what's known as adjustment pending.
- Because you're already in adjustment pending status by the time you apply for OPT as a result of your studies coming to an end, if the AOS gets denied you may, technically speaking, have no fall back status (since the OPT was approved while you were in adjustment pending).

Now, you are free to interpret my response(s) as you like which is totally okay by me. No one here is obligated to go by what I write or say, feel free to seek other opinions or a legal one for that matter - my opinions are not legal opinions as already expressed in my signature line.

 

[FruitBasket]

In MHO, there's nothing contradictory in what I've said or posted so far.

- A person on F1 status files an AOS petition which gets accepted by USCIS.
- Once the current F1 status expires, you're automatically in what's known as adjustment pending.
- Because you're already in adjustment pending status by the time you apply for OPT as a result of your studies coming to an end, if the AOS gets denied you may, technically speaking, have no fall back status (since the OPT was approved while you were in adjustment pending).

Now, you are free to interpret my response(s) as you like which is totally okay by me. No one here is obligated to go by what I write or say, feel free to seek other opinions or a legal one for that matter - my opinions are not legal opinions as already expressed in my signature line.

Thank you for the clarification and your patience answering my questions. What if a person on F1 status files an AOS, it gets denied, but his F1 status still hasn't expired at the time of denial. Then he finishes his studies and tries to apply for an OPT. Based on what you said, I think he can finish his studies and will be in valid F1 valid status until the end of his studies. Of course the approval for OPT is not guaranteed, as always.

 

[Sm1smom]

Thank you for the clarification and your patience answering my questions. What if a person on F1 status files an AOS, it gets denied, but his F1 status still hasn't expired at the time of denial. Then he finishes his studies and tries to apply for an OPT. Based on what you said, I think he can finish his studies and will be in valid F1 valid status until the end of his studies. Of course the approval for OPT is not guaranteed, as always.

And that's what I've always said, having or being in a valid status all the way ensures one has a fall back status should (in the unthinkable event) the AOS petition gets denied.

 

[KHSH]

Hello,
We are going to file AOS package for USCIS. My husband is an employee and also, we have some saving in bank account. We are gonna include his contract document with our bank statement to AOS package as a financial support ( the bank statement is more than $23K and the contract document for 9 months is more than $18k which altogether the financial support is much more than what USCIS wants) . Are these documents sufficient to them (USCIS) as a financial support. or my husband has to fill out the affidavit of support form ( I-134 form) ?(he is F1 visa holder)

Thanks,

 

[Sm1smom]

Hello,
We are going to file AOS package for USCIS. My husband is an employee and also, we have some saving in bank account. We are gonna include his contract document with our bank statement to AOS package as a financial support ( the bank statement is more than $23K and the contract document for 9 months is more than $18k which altogether the financial support is much more than what USCIS wants) . Are these documents sufficient to them (USCIS) as a financial support. or my husband has to fill out the affidavit of support form ( I-134 form) ?(he is F1 visa holder)

Thanks,

Please stop duplicating your posts. Duplicating the same post isn't going to get you a faster response compared to posting once and waiting patiently for a response.

Now to answer your questions, the IO has the final say at the end of the day as to the need for an I-134 or not. I believe I've already answered you on this twice in the past. If you guys feel confident enough with what you've listed above, then by all means go ahead and submit your package without an affidavit of support.

 

[Yasmin Deema]

I know you already mentioned you're in the US with a legal status and you've already confirmed you're AOS eligible.

However, I hope your aware of the need to at least still be in a valid legal status as at the time your AOS package is formally received by USCIS? I personally push it a bit further and encourage petitioners to ensure they do not go out of their current status all the way to the interview date (I know for some this may not be possible).

Thank you so much for your reply. Yes my visa is valid until April so hopefully I have time to complete the process.

 

[Sm1smom]

Thank you so much for your reply. Yes my visa is valid until April so hopefully I have time to complete the process.

Let's be sure we're on the same page. I'm not talking about your visa validity, when the actual visa expires is irrelevant. I'm talking about the duration of your admission as evidenced by what's written on your I-94 - that's what determines how long your legal status in the US is.

 

[KHSH]

Please stop duplicating your posts. Duplicating the same post isn't going to get you a faster response compared to posting once and waiting patiently for a response.

Now to answer your questions, the IO has the final say at the end of the day as to the need for an I-134 or not. I believe I've already answered you on this twice in the past. If you guys feel confident enough with what you've listed above, then by all means go ahead and submit your package without an affidavit of support.

I didn't duplicate for faster answer, if you pay attention to my questions, I edited in second writing and I forced to post reply again.

 

[Sm1smom]

I didn't duplicate for faster answer, if you pay attention to my questions, I edited in second writing and I forced to post reply again.

Well, whatever your reason was, just note the fact that you've been warned. The system does not force someone to repost on the basis of an edit (if the user know what they're doing). Your original post was on 10/16 at 7:53 pm, you edited this post at 8:23 pm which is not a problem. Then you reposted at 8:54pm - this particular post has since been deleted by me since it's a duplicate, and that's the basis of the warning you've received.

By the way this is not the first time. You posted back on Sept. 11, only to return on Sept. 12 and repeat the same post - that second post also got deleted for being a duplicate.

 

[SaffaMama]

Hi all, our case is current right now. My husband (primary applicant) and I submitted our DS260 forms, and we've been waiting for a response from the USCIS (we only arrived in the US last month, so we delayed submission). Now that we've double checked the CEAC page, I notice that it says that the case will only proceed once all family members have completed their DS260 forms. My confusion is that our daughter (3yo) is listed as a family member, but was born in the US, so she won't need a green card. Do we still need to fill out a DS260 for her? Or is there a way to get the case to proceed without her completing the form? (PS - thank you to the admin for an amazing spreadsheet, and such useful info on here!)

 

[Vrbmon]

Hi mom! Do minors have to attend the interview? If so are they going to be asked questions as well?
Thank you!

 

[mira88]

Hello, I have few questions regarding the Affidavit of support:
1- I talked with my advisor and he is willing to fill it for me but he said that he supported 3 different people previously. Will this make uscis reject the form or affect anything?
2- the supporting evidence include a statement from the employer, is this the same like w2 or he needs to ask for a specific letter from the university?
3- the I-134 form has an expiry date of 02/29/2016, and I couldn't find a newer vet of it. Is it okto just use the one they have online although it's expired?

 

[Sm1smom]

Hi all, our case is current right now. My husband (primary applicant) and I submitted our DS260 forms, and we've been waiting for a response from the USCIS (we only arrived in the US last month, so we delayed submission). Now that we've double checked the CEAC page, I notice that it says that the case will only proceed once all family members have completed their DS260 forms. My confusion is that our daughter (3yo) is listed as a family member, but was born in the US, so she won't need a green card. Do we still need to fill out a DS260 for her? Or is there a way to get the case to proceed without her completing the form? (PS - thank you to the admin for an amazing spreadsheet, and such useful info on here!)

You're not required to fill out the DS260 form for your USC daughter, so don't stress it. However if the message is bothering you, you can email KCC to explain why you're not filling out the form for your daughter.

 

[Sm1smom]

Hi mom! Do minors have to attend the interview? If so are they going to be asked questions as well?
Thank you!

Thy should attend the interview with you, they will not be asked any immigration related questions - the IO may decide to have some chit chats with them though, nothing to worry about. And if you have a USC child, be sure to take along the child's birth certificate - both the original and a copy of it.

 

[Sm1smom]

Hello, I have few questions regarding the Affidavit of support:
1- I talked with my advisor and he is willing to fill it for me but he said that he supported 3 different people previously. Will this make uscis reject the form or affect anything?
2- the supporting evidence include a statement from the employer, is this the same like w2 or he needs to ask for a specific letter from the university?
3- the I-134 form has an expiry date of 02/29/2016, and I couldn't find a newer vet of it. Is it okto just use the one they have online although it's expired?

1. He must add up the total number of his family plus all the people he's provided an affidavit of support for in the past, plus you (and your derivatives) to ensure his income meets the requirements for the total number of people he's stepping forward to support - he needs to indicate the total number on the form. If he's income is still above the required poverty guideline for the total number then it should be okay.

2. Check the AOS process spreadsheet for what the sponsor is required to include with the affidavit of support. Plus your sponsor should already know this since he's sponsored 3 others in the past.

3. Ignore the expiration date. The form is still valid.

 

[ModyRony]

1. We recommend submission of DS260, your call whether or not to submit it.

2. You'll only need to fill out the form for yourself and your wife.

3. An attorney cannot influence or haste the processing of a DV case AFAIK. If you're current in April, there's enough time to finish the AOS process - the unusual long wait most petitioners experience is tied to pending background checks - there's not much, almost nothing any outside source can do about that.

4. Which case is that? What's the name of the person who posted this? I need to read the actual post to better understand the context within which the referenced post was made.

Thanks for the responses,
For the infopass case, I couldn't find it again on this forum but please see below what they posted (I couldn't paste a link since I don't have enough posts yet).

In summary:
My number became current in september
july 14:did my physical exam (u need ur physical exam in ur package with your 485 application)
july 17: they received my application
july 31: they sent me my fingerprint appointment
august 2: I received my fingerprint appointment for august 28
august 14: I went to do my fingerprint I went 2 weeks earlier than my original date
September 2:lawyer did infopass
september 4: I received my appointment date
september 11: interview and they stamped my temporary green card in my passport the same day.
september 19: I received my green card in the mail
The interview was not more than 5- 10 min, just basic questions, name, date of birth, give her my official transcripts,have u been married, parents name,ur signature, have u lose ur f1 status just basic stuff. The officer was very nice. I do have a degree from here so maybe that why it helped but definitely get a lawyer, they might be cheaper if they don't go to the interview with you but help you through the process, have all your document with you; high school diploma translated, official transcripts, ur college degree if you have one, all ur originals because you send copies with your application.....good luck to everybody

 

[Sm1smom]

Thanks for the responses,
For the infopass case, I couldn't find it again on this forum but please see below what they posted (I couldn't paste a link since I don't have enough posts yet).

In summary:
My number became current in september
july 14:did my physical exam (u need ur physical exam in ur package with your 485 application)
july 17: they received my application
july 31: they sent me my fingerprint appointment
august 2: I received my fingerprint appointment for august 28
august 14: I went to do my fingerprint I went 2 weeks earlier than my original date
September 2:lawyer did infopass
september 4: I received my appointment date
september 11: interview and they stamped my temporary green card in my passport the same day.
september 19: I received my green card in the mail
The interview was not more than 5- 10 min, just basic questions, name, date of birth, give her my official transcripts,have u been married, parents name,ur signature, have u lose ur f1 status just basic stuff. The officer was very nice. I do have a degree from here so maybe that why it helped but definitely get a lawyer, they might be cheaper if they don't go to the interview with you but help you through the process, have all your document with you; high school diploma translated, official transcripts, ur college degree if you have one, all ur originals because you send copies with your application.....good luck to everybody

But what you posted here doesn't say anything about the lawyer getting this person the interview letter like you earlier on wrote. The letter was most likely already in the mail before the lawyer went on the INFOPASS considering the notice was received two days after the lawyer's visit.

One thing I would like to emphasize in view of what the person who originally posted this says is the fact that using a lawyer for the DV process is a complete waste of money especially if one has a straight forward case as in eligible to process AOS, no unauthorized employment, never gone out of status, etc. The person's timeline is not different from that of most other selectees.

 

[mira88]

Thanks for the reply. I have few other questions regarding the package:
1- should I send the original receipt I received for the 330$ fees

1. He must add up the total number of his family plus all the people he's provided an affidavit of support for in the past, plus you (and your derivatives) to ensure his income meets the requirements for the total number of people he's stepping forward to support - he needs to indicate the total number on the form. If he's income is still above the required poverty guideline for the total number then it should be okay.

2. Check the AOS process spreadsheet for what the sponsor is required to include with the affidavit of support. Plus your sponsor should already know this since he's sponsored 3 others in the past.

3. Ignore the expiration date. The form is still valid.

1. He must add up the total number of his family plus all the people he's provided an affidavit of support for in the past, plus you (and your derivatives) to ensure his income meets the requirements for the total number of people he's stepping forward to support - he needs to indicate the total number on the form. If he's income is still above the required poverty guideline for the total number then it should be okay.

2. Check the AOS process spreadsheet for what the sponsor is required to include with the affidavit of support. Plus your sponsor should already know this since he's sponsored 3 others in the past.

3. Ignore the expiration date. The form is still valid.

Thanks a lot for the response. I have one other question, in item 11 of the i-134, is my sponsor expected to say I intend and if so what is he supposed to write for " indicate the exact nature and duration of the contribution". Also, should the I-134 be sealed in an envelope?

 

[Sm1smom]

Thanks for the reply. I have few other questions regarding the package:
1- should I send the original receipt I received for the 330$ fees


Thanks a lot for the response. I have one other question, in item 11 of the i-134, is my sponsor expected to say I intend and if so what is he supposed to write for " indicate the exact nature and duration of the contribution". Also, should the I-134 be sealed in an envelope?

1. Keep the original, send in a copy.

2. The sponsor should indicate what kind of support he/she is willing to provide, and for how long. I don't know what the sponsor wants to provide, so I can't say what he/she is supposed to write.
The I-134 doesn't need to be in a sealed envelope.

 

[EURO2014]

Thanks for the reply. I have few other questions regarding the package:
1- should I send the original receipt I received for the 330$ fees


Thanks a lot for the response. I have one other question, in item 11 of the i-134, is my sponsor expected to say I intend and if so what is he supposed to write for " indicate the exact nature and duration of the contribution". Also, should the I-134 be sealed in an envelope?

While it may possibly reduce the value USCIS assigns to an I-134, it would be appropriate to emphasize at this stage that the correct answer to question 11 of form I-134 would be 'Do not intend to make specific contributions...', as the form subsequently spells out in some detail what 'specific contributions' include, namely for example "room and board, money", with detailed additional information requested in terms of amount and duration. As your Advisor, presumably, has no intention to make specific payments to you in monetary or other form, her/his correct answer to this questions would therefore be 'do not intend...". Normally those forms are being completed by family members or close relatives, who have better plausible cause for supporting an I-485 applicant and to make specific contributions over a period of acculturation.