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DV 2018 AOS Only

Ktaylor said:
Hi! My husband and I are in the US currently on e3 and e3d respectively. He won this years lottery with a case number OC000004**which will become available in Jan.

We were just about to lodge ds260 when I came across the 90 day rule! :/ our issue is we just arrived back in the states on dec 13th from a quick vacation overseas.

How strict is this 90 day policy ? I have heard of people in the past not abiding by this rule and being fine but is it not worth taking the risk?

So, If we wait 90 days we can lodge the ds260 on march 13th is this our only option, to play the waiting game?

Our current visas are up on August 14th -do you think we have a safe amount of time to complete the GC process before this date if we don't send ds260 off until March :/

Thank you in advance for your advice!! :)
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The 90 day rule is really for people entering the US for the first time on whatever NIV it is they entered with. If you’ve been in the US all this while and only went out briefly and returned with the same visa, didn’t have to apply for a new visa to return, the 90 day rule wouldn’t apply.
 
Hi Mom,
I am current for Feb, and I am wondering when is the best time to send AOS package. I have heard it can be 6 weeks before the month I am current in, what is the advantage of early filling?. Also, where I should put Memo form in the package?
thanks
 
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Akramjoon said:
Hi Mom,
I am current for Feb, and I am wondering when is the best time to send AOS package. I have heard it can be 6 weeks before the month I am current in, what is the advantage of early filling?. Also, where I should put Memo form in the package?
thanks
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All discon the AOS process spreadsheet:

“You don't have to wait until the 1st day of the month that your CN becomes current before mailing out your AOS package. The package can be mailed 2 months in advance - as long as the CN falls under the numbers indicated on the Advance Notification section of the VB.”

“Please Note: Some FOs are still denying petitions considered filed prior to the CN being current, regardless of what the Early Filing Memo says. So it's your call whether to file early based on the Memo or wait for your package to be received on the first day of the month for which your CN is current”

“If your FO denies your petition without an interview due to early filing, you have the option of filing again starting from the 1st day of the month for which your CN is current. You will however have to make a new payment, and may have to redo the medical exam.“
 
Sm1smom said:
The 90 day rule is really for people entering the US for the first time on whatever NIV it is they entered with. If you’ve been in the US all this while and only went out briefly and returned with the same visa, didn’t have to apply for a new visa to return, the 90 day rule wouldn’t apply.
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Oh wow that's great to know! I just assumed the 90 day rule applied to everyone. This is probably a silly question -so they will look past your i94 for the date of your last entrance, and use visa status/ length of to determine that we don't fall under the 90 day category?

So, we are good to file now?!
 
Ktaylor said:
Oh wow that's great to know! I just assumed the 90 day rule applied to everyone. This is probably a silly question -so they will look past your i94 for the date of your last entrance, and use visa status/ length of to determine that we don't fall under the 90 day category?

So, we are good to file now?!
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Did you return on a new visa? Did you visit the embassy for visa stamping while you were out?
 
Ktaylor said:
No we just went overseas on vacation! Our last (current) visa was e3/e3d obtained in August 2016..
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So consider your questions answered.

Edited to add further clarification:

You can only be accused of wilful misrepresentation and your AOS petition denied if at the time of your last entry (in this specific case), the admitting IO at the POE asked you for the purpose of your visit, and you claimed you were returning to work and didn’t disclose the fact that you plan on processing AOS. If no such question was asked, willful misrepresentation does not apply.
 
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Hi Mom,
I have couple of questions. I have sent my package to Chicago LB, have received the electronic confirmation that the case has been accepted, but have not received the form I797 through mail. It has been already 20 days. What do I need to do in this case?
Also I realized that I have included only my old H1B notice of action in the package, and not the current one. Should I make an appointment with local USCIS office to provide the correct H1B NOA letter to them?
Please advice.
Happy holidays
 
Seant said:
Hi Mom,
I have couple of questions. I have sent my package to Chicago LB, have received the electronic confirmation that the case has been accepted, but have not received the form I797 through mail. It has been already 20 days. What do I need to do in this case?
Also I realized that I have included only my old H1B notice of action in the package, and not the current one. Should I make an appointment with local USCIS office to provide the correct H1B NOA letter to them?
Please advice.
Happy holidays
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Call the USCIS customer service number to follow up on the NOA.

Hold on to the H1B NOA, take it to your interview and present it IF requested.
 
Sm1smom said:
All discon the AOS process spreadsheet:

“You don't have to wait until the 1st day of the month that your CN becomes current before mailing out your AOS package. The package can be mailed 2 months in advance - as long as the CN falls under the numbers indicated on the Advance Notification section of the VB.”

“Please Note: Some FOs are still denying petitions considered filed prior to the CN being current, regardless of what the Early Filing Memo says. So it's your call whether to file early based on the Memo or wait for your package to be received on the first day of the month for which your CN is current”

“If your FO denies your petition without an interview due to early filing, you have the option of filing again starting from the 1st day of the month for which your CN is current. You will however have to make a new payment, and may have to redo the medical exam.“
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Thank you for the information. I am just wondering what is the point to send it earlier. I meant, it will make process go faster?
 
I am gonna enter an addition address in the us. Is this way right to enter that in part 14?
part 3 page# 4 item # 7.a-h
part 3 page # 4 item # 8a-b
 
Sm1smom said:
So consider your questions answered.

Edited to add further clarification:

You can only be accused of wilful misrepresentation and your AOS petition denied if at the time of your last entry (in this specific case), the admitting IO at the POE asked you for the purpose of your visit, and you claimed you were returning to work and didn’t disclose the fact that you plan on processing AOS. If no such question was asked, willful misrepresentation does not apply.
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Thanks for clarifying! How would they prove such conversation went down to accuse you of misrepresentation though? It would be your word against theres?

We never are asked questions on entering with our visas and we actually just decided this week to do the GC/ AOS process.
 
Ktaylor said:
Thanks for clarifying! How would they prove such conversation went down to accuse you of misrepresentation though? It would be your word against theres?

We never are asked questions on entering with our visas and we actually just decided this week to do the GC/ AOS process.
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CBP officers may well make notes when you enter, you see them on the computers typing away, right?

And if it is a your word against theirs argument...guess whose word they’re going to take?
 
SusieQQQ said:
CBP officers may well make notes when you enter, you see them on the computers typing away, right?

And if it is a your word against theirs argument...guess whose word they’re going to take?
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Exactly! Which makes me nervous about sending off before the 90 days is up even though we had no questions when we entered last. It seems like it could go either way....but Thanks again for your help.
 
Ktaylor said:
Thanks for clarifying! How would they prove such conversation went down to accuse you of misrepresentation though? It would be your word against theres?

We never are asked questions on entering with our visas and we actually just decided this week to do the GC/ AOS process.
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Ktaylor said:
Exactly! Which makes me nervous about sending off before the 90 days is up even though we had no questions when we entered last. It seems like it could go either way....but Thanks again for your help.
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Why do you think they will go ahead and type a response you never provided? Seriously? Yes they appear busy typing while admitting people, but it’s not like the input stuff people didn’t say into the system. It isn’t simply a case of your words against them. It’s a case of what’s typed up on your admission profile based on the questions you were asked and the answers you provided.

Of course you should go ahead and wait 90 days if it makes you feel better. There’s still plenty of time left anyway.
 
I am in F1 visa since I entered in the USA. should I mention F1 in part 1 question 24?
2- my I20 expiration is May 2021, bu we usually have Assistant-ship contract each semester. which date is proper to enter for part "Employment History" 14.b?
Also, I am typing the form in the computer but for some section it does not accept letters like D/S for expiration date of I94. Can I fill some part with black ink instead?
 
geol8 said:
Hello Rex.t

Please tell us about your interview experience.

Thanks
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Interview was rather uneventfull. The officer told me they prefer the translations to be done by third party but since our petition isn't marriage based it was ok. I told him I brough what they wanted and he took the new translations and returned me the old ones.
Then he asked for originals and spent about 20 minutes comparing them to copies.
He proceeded to ask questions off of i485, first myself then my wife. Name, address, work place and a bunch of yes/no ones. I'd say he asked about 1/3 of all questions.
Finally, the officer said all looks good and he'll need to check for visa availability but we shouldn't worry since it's so early and we should expect the cards in 2-3 weeks.

So, not at all bad but I'm a bit worried since there were no updates to the case status since then. Actually, we only had one update to online status, saying bio fee was accepted. It still shows that status.
 
Akramjoon said:
I am in F1 visa since I entered in the USA. should I mention F1 in part 1 question 24?
2- my I20 expiration is May 2021, bu we usually have Assistant-ship contract each semester. which date is proper to enter for part "Employment History" 14.b?
Also, I am typing the form in the computer but for some section it does not accept letters like D/S for expiration date of I94. Can I fill some part with black ink instead?
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1. F1.

2. Is the assistantship guaranteed each year? Anyway I think you should use your discretion and answer accordingly.

3. Yes.
 
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