Sm1smom
Super Moderator
Why is the CS not using the passport itself (is which contains the visa) considering it is one of the listed examples on the form?
DV 2018 AOS Only
- Thread starter Sm1smom
- Start date
Why is the CS not using the passport itself (is which contains the visa) considering it is one of the listed examples on the form?
Sm1smom
Super Moderator
Yeah I suppose FTJ would make sense but with the way AOS tends to drag, I will take my chance with CP if I was in his shoes. Even if it means taking the entire semester off - it would be worth it for me since I will be returning to complete my studies as a LPR.
Sm1smom
Super Moderator
1. Yes you may do that, but bear in mind it is very critical for USCIS to officially accept the AOS package before the expiration date of your wife's authorized stay. If the issued date on the NOA is after the expiration date, your wife becomes out of status and is no longer eligible to process AOS.
2. The longer you drag your feet before informing USCIS of your change from AOS to CP, the longer it will likely take before you're scheduled for an interview at the embassy. KCC will need some time to process your forms before scheduling you.
Also bear in mind AOS fees and the medical exam done in the US will not be applicable to your CP process. You will need to do new medical exams in Nepal and pay the fees at the time of your interview.
Sanjupokhara
New Member
1.I already prepared I 693 -Medical Examination report and it is sealed by Physician. I have a copy of it but later I found out that in I 693 form my A# is missing. Do I have to include my A# on I693 form also?
2.In I485 Application Part 3. Additional Information about You.
Provide your most recent address outside the US where you lived for more than one year (if not already listed above).
Do I have to write my home address from of my birth county ?
Employment History:
Provide your most recent Employment outside the US (if not already listed above).
Please Advise.
Thank you in advance.
2.In I485 Application Part 3. Additional Information about You.
Provide your most recent address outside the US where you lived for more than one year (if not already listed above).
Do I have to write my home address from of my birth county ?
Employment History:
Provide your most recent Employment outside the US (if not already listed above).
Please Advise.
Thank you in advance.
Sm1smom
Super Moderator
1. You should have listed it but it's not a big deal. You don't have to unseal the form for that.
2. Write the address of wherever it is you we're living just before you came to the US - assuming it wasn't a temporary place. If it was a temporary one, write the address of the place before that. Same thing with the employment information.
Sanjupokhara
New Member
Thank you!!!!
Unfortunately, it was a drama, the representative in the clinic copied the page with visa, not the first page, and CS just wrote the first number he saw on the page.
After long discussion they agreed to change the page with passport number, but now the problem is the page with passport number is printed on different printer and looks slightly different from other pages. So weird but now I wonder if this is a problem. Because it looks like somebody changed the page and it's a fraud.
Hi mom,
I did some research on this. Based on this link: "uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html”,
it says that -
"A foreign national is barred from adjustment of status if the foreign national is in an unlawful immigration status on the date of filing the adjustment application....”
It further says,
"In general, once an immigrant benefit application is approved, a foreign national is in lawful immigration status as of the date of the filing of the application.”
So, let’s say- We file for AOS on 15th November and my wife’s expiration date is November 26th. If I receive the NOA, say on November 30th, then based on what I read here, wouldn’t she be considered to be in lawful status from the date of filing.
I know I am being very specific here, but it seems that this can be a very likely case for us. Do you think I am missing something here?
Thank you!
Sm1smom
Super Moderator
As long as you submit the a sealed and signed/stamped across envelope, you should be fine.
Sm1smom
Super Moderator
The filing date is considered to be the date USCIS formally accepts the petition which is the date shown on the NOA - i.e. the date the NOA gets issued.
It is not the date you receive the NOA, that is not what I've said in all of my previous posts to you. Also, filing date is NOT the date you mail or your AOS package gets delivered either.
SusieQQQ
Well-Known Member
You want to go into the spreadsheet and look at timelines. From what I recall, the most common time frame between filing and NOA is 2-3 weeks, but some take longer. IMO you'd have to be fairly lucky to get the NOA issued before your wife's stay is up ...not impossible, but not something to bank on. And how are you going to handle it? Hope like crazy you get it in time and then if you don't scramble to find a plane ticket for her immediately so she doesn't overstay? Of course all that IF your number is published...another if.
Hi Mom
Is it submit ds260 will affect applying OPT EAD in some degree? Or these two have no correlation at all. I thought submit ds260 is as showing immigration intent, yet apply OPT is a non-immigration working permit. Will these two contradicting to each other?
Thx
Sm1smom
Super Moderator
Yes DS260 submission signifies an immigrant intent. It however will not lead to an OPT denial since technically speaking you're not applying for a new status. OPT is still technically F1.
Thx Mom
Another question, if after submitting ds260. Employer help me to apply H1b (or even start eb2_green card process). In these two scenarios, will there be any problems ?
Thx in advance.
Sm1smom
Super Moderator
Thanks for clearing that up. Well, I guess I could not have been more stupid. I made a big mistake by submitting DS 260 the next day of entering US. I had gone home for my wedding and returned with my wife, who had a visitor visa - this is her second visit for her USMLE exams. Now, assuming that we proceed with AOS and that we have our numbers working in our line, do you think that this will lead to an automatic denial of my AOS? (As per our intent - I was returning to continue my education and my wife had her exam dates and tickets long before the DV results were out.) Should this be one more factor on why we should consider doing CP?
Sorry for all this bother!
Sm1smom
Super Moderator
I don't know if you'll end up with an automatic denial or not, the IO has the final say.
Regarding your intent upon entry, your actions clearly does not support the claim of returning to continue your studies nor that of your wife coming in for a pre-planned exam.
You and your wife's DS260 submission date demonstrates preconceived intent of status adjustment which is highly frowned upon.
Also if you say your wife's initial intent was solely for the USMLE exam, do you have any concrete evidence to present to the IO attesting to this? When did she register for the exam? When was her flight booked and paid for? And how come you were considering filing for an extension of status to enable her do this exam which was supposed to be the real reason for her entering the US considering she was given a 6 months' stay? You do realize it is easy for them to pull up the dates for the USMLE exams, right?
Of course it's possible for the IO to not cross check your DS260 submission date and approve you with no issue. However the rule of thumb when it comes to immigration is to always be truthful regardless of the outcome. Th consequences of obtaining an immigration benefit through misrepresentation are more dire than a simple denial.
SusieQQQ
Well-Known Member
^^ indeed, a 6-month stay to write an exam is extreme. I know people who've done this exam from abroad and it's usually a stay of a week or two, allowing for jet lag and some sightseeing.
Of course, just doing the exam in the first place can be taken to signal some sort of immigrant intent. By itself doing the exam is not a problem, but taken as part of the entire 'package' of evidence of immigrant intent mom has outlined above...
Of course, just doing the exam in the first place can be taken to signal some sort of immigrant intent. By itself doing the exam is not a problem, but taken as part of the entire 'package' of evidence of immigrant intent mom has outlined above...
I realize that I did not explain the situation properly before: So, our tickets were purchased on January 2017. My wife registered for the exam (for June 20) sometime in January-February. This exam can only be taken in the US. We have records for that. Our wedding was planned from before. So, when we entered the US, she had her exam in 25 days. She took the exam. Because the Medical Residency program is a long process, she applied and now she has interviews coming up in October through January. Also, she was planning on taking another exam for USMLE (Step 3) sometime in January (in case she gets to stay till that time). But, we came to know about the DV lottery results the night we landed here. In a hurry, we googled and found out that DS 260 is the next step. So, we decided we could submit that form without thinking of the consequences. I hope I made this more clear. In this case, do you recommend continuing with AOS or flying back to our country and doing CP (in which case my wife will miss interviews and probably lose the admission for the residency program for the next year).
Als0, I am thinking that I should probably get a lawyer at this point. Do you have any suggestions?
Thank you!
geol8
Member
Hello, today we had an infopass. Spoke to an officer and after giving him all the details about early filing memo, he went "upstairs" to speak to the AOS supervisor, according to him the later said our process had been terminated due to early filing and there's nothing we can do. He said we should submit the applications again, which we'll do.
I have a few quetions:
1)Can we get our package back from Chicago?
2)If the CS gave us a copy of the medical, would it work for the new package?
3)We can use the same receipt of $33o we used in the first package for the DV payment, right?
4) Can we get an application fee waiver because it was their mistake? or should we just pay again?
Thank you very much for your help
I have a few quetions:
1)Can we get our package back from Chicago?
2)If the CS gave us a copy of the medical, would it work for the new package?
3)We can use the same receipt of $33o we used in the first package for the DV payment, right?
4) Can we get an application fee waiver because it was their mistake? or should we just pay again?
Thank you very much for your help