DV 2010 AOS Only

[capeolive]

Hi sagarghimire,

Husband and wife who live in different addresses might
complicate the things. If I were you, if possible, I would
try to do my best not to cause any complications...

You can call KCC and seek their advise if you want to.

Also, if you can add your case number and location to your
signature it would be helpful.

Hi,
But my wife would reside in the old address ( as mentioned in DSP forms) , so can't I put the same address in my I-485 later on?
Thanks

 

[capeolive]

Hi mechta,

The law as I said states that you have to do it each time you move,
no matter how many times you move. I cannot tell you a short cut.
Sometimes short cuts can cause problems here in US.

As I said there are different databases and they have been
insisting on AR-11 since they came up with it.

If you want to call USCIS to seek their advise, you can do that...

….The problem is that I will change the current address to my previous address in 2 weeks again. So, it will be the same address which the USCIS database already has. Do you think I still need to file AR-11? I am sorry for complications…

 

[mechta]

Hi mechta,

The law as I said states that you have to do it each time you move,
no matter how many times you move. I cannot tell you a short cut.
Sometimes short cuts can cause problems here in US.

As I said there are different databases and they have been
insisting on AR-11 since they came up with it.

If you want to call USCIS to seek their advise, you can do that...

Thank you, Capeolive! I will call USCIS tomorrow!!!

 

[feel]

Hi Capeolive,
Why do you think living in different places complicates thing for the purpose of AOS? I think they can live apart for study or job related issues that are beyond their control.
Could you clarify please?

Hi sagarghimire,

Husband and wife who live in different addresses might
complicate the things. If I were you, if possible, I would
try to do my best not to cause any complications...

You can call KCC and seek their advise if you want to.

Also, if you can add your case number and location to your
signature it would be helpful.

 

[capeolive]

Hi feel,

In DV AOS cases there is one principal applicant
the winner of the DV Lotto let's say husband for
the sake of the conversation and let's call derivative
wife for the sake of the conversation again.
When they apply for AOS they fill out two separate
forms and prepare two separate packages for AOS.
They get interviewed at the Field Office where they
live. So, are they going to be interviewed at two separate
locations? This may complicate the things.

Also for the married couples they check if the marriage
is a legitimate or a genuine marriage. If the couples are living
in separate places it won't look right.

If a person for instance did AOS through marriage and
he did not live in the same place with his wife he would not
have much chance to get the card.

Of course there are all kinds of situations but I think
husband and wife's living in different addresses might
complicate things and USCIS may request further evidence
or make an investigation. All these might delay or jeopardize
the application.

DV AOS applications do not take long once the applications are filed.
If possible I would just live with my wife during this period at least for
the sake of the green card. If possible...

Please, add your signature, like your case number, location etc...

Hi Capeolive,
Why do you think living in different places complicates thing for the purpose of AOS? I think they can live apart for study or job related issues that are beyond their control.
Could you clarify please?

 

[FrenchiC]

FrenchiC


Did you follow this thread after that before you submitted your i-485 in June??, why did you take that unnecessary chance for a benefit of mere 30 days?
I can not insist and stress more......THE 90 DAY WINDOW 'MEMO' HAS NO LEGAL BASIS!!, just as many other USCIS memos, they are just advisories to manage things for the 'moment'!!
That 90 day window 'moment' was somewhere 10 years ago, and now it is ~50 days 'moment', and 'technically', I m sorry to say, you are in violation of INA 245 a (3).
Fact that you got acceptance, bios etc, has NO worth until it get to an IO and he makes the final decision, and I am afraid of what it would be!!

You got 2 options,
1. Insist that you are correct, wait till you go to intvw mid/late Sept. , if IO say ok...then its fine, if he/she say NO you argue then wait for decision.....one way or other!

2. Realize that you did it wrong. Write a letter saying you are withdrawing your case and then file a fresh i-485 asap, then they can not say NO. (yes you will loose your $1010, but does it matter??)

Decision is yours. What visa are you on now?

Best !!

PS: Doing your math correct and understanding correctly the legal basis of DV i-485 'early filing' are 2 different things altogether!

Hi NuvF,

Thanks for your answer that kind of scared me I have to admit...
But I have to keep faith and hope that the guys reading the applications are human and can see that my number is about to be current.
I took that risk because my local office is absolutely amazingly inefficient and well you know, it's Miami!!
If I don't spend 4 hours in an Infopass it means that it was a good day.
A memo post USCIS-Fiasco definitely consists in a legal proof. Otherwise the 50 days would also be a violation of the INA 245 a (3)
At the end of the day my guess is if my appplication was denied I would have received a notice by now.
I just don't understand why it is stuck in limbo while even application previously denied received the biometrics letter way earlier than me.
Let's be patiente and hope it will all go for the best.
I am under an H1B visa and currently have a Perm procedure with my job.
Hopefully I'll get that card one way or another

 

[NuvF]

Hi NuvF,

Thanks for your answer that kind of scared me I have to admit...
But ..........

IMO and 'understanding'....the 'human' aspect of how USCIS works in the adjudication process is bit different than what you think.
I will leave it at that. Its your decision. I m just happy to note that you are on H1B and that you have a plan B for GC !!

Pl do not misunderstand, I honestly wish your DV efforts GOOD LUCK, I am just paranoid 'cos of my 'knowledge' how USCIS works !!

Best !!

 

[new one]

Hi new one,

May be you should hire security for that "small, dark box"
It might have a "treasure hidden within" Make sure to be
with your employer when she opens the box.

Since I cannot see inside the box cannot congratulate you yet...

Hi capeolive,

I was thinking about that......
two big guys standing next to the mailbox.
Taking a letter with both hands and giving to me

I'll find out tomorrow what is in there....

 

[Summet]

Hey guys,
I have the mixed feeling now. I am 90% sure by now that I wont be getting the biometrics appointment letter because for all the applicants who applied with me got their already and usually the time period to get it is same for all the applicants. Next they assigned me the same A# that they gave me during my first application. so that means they gonna have my file on my old folder which definitely will give them access to my older file, now the only thing I am worried about is how long I have to wait till I get the interview letter, i know i am not getting it till the August by no means but like chooti have already got his/her letter for interview even before she did the biometrics.

 

[lisa6]

I-485 - Date of Last Arrival

Hi guys,

I have a question regarding I-485.

We are asked to provide Date of last arrival and i-94#. I got my I-94 at JFK last year.

My last date of arrival to US was last month, coming back from Canada, driving.

a) Would they have on record that I recently went to Canada, because the girl at the border just looked at my visa and new I'94 was not issued(30 days rule)

b) Also, i assume The answer would be Yes to the question: were you inspected by a U.S Immigration Officer. Correct?

Thank you guys

 

[capeolive]

Hi Summet,

Just relax untill August 1st. Take a trip or something...

Hey guys,
I have the mixed feeling now. I am 90% sure by now that I wont be getting the biometrics appointment letter because for all the applicants who applied with me got their already and usually the time period to get it is same for all the applicants. Next they assigned me the same A# that they gave me during my first application. so that means they gonna have my file on my old folder which definitely will give them access to my older file, now the only thing I am worried about is how long I have to wait till I get the interview letter, i know i am not getting it till the August by no means but like chooti have already got his/her letter for interview even before she did the biometrics.

 

[capeolive]

Hi lisa6,

Answer a) Last year's date. (As far as I know they do not consider returning by car from Canada as coming from out of the country. You can call USCIS to make sure)

Answer b) Yes (unless you jump off a ship or entered illegally)

Hi guys,

I have a question regarding I-485.

We are asked to provide Date of last arrival and i-94#. I got my I-94 at JFK last year.

My last date of arrival to US was last month, coming back from Canada, driving.

a) Would they have on record that I recently went to Canada, because the girl at the border just looked at my visa and new I'94 was not issued(30 days rule)

b) Also, i assume The answer would be Yes to the question: were you inspected by a U.S Immigration Officer. Correct?

Thank you guys

 

[lisa6]

Hi lisa6,

Answer a) Last year's date. (As far as I know they do not consider returning by car from Canada as coming from out of the country. You can call USCIS to make sure)

Answer b) Yes (unless you jump off a ship or entered illegally)

Thank you, thank you, thank you

 

[NuvF]

........now the only thing I am worried about is how long I have to wait till I get the interview letter.........

The way I've seen this happened, this 'step' is basically individual FO/IO specific.
You can only cross your fingers and wait, and hope for the best. (yeah.....the mis-info pass is always an option!!)

Best!

 

[Summet]

I am working on it...thanks ..

Hi Summet,

Just relax untill August 1st. Take a trip or something...

 

[Summet]

I think I will try infopass as well but I will wait till next week to go there just to know if they have received my file yet coz last time when I went there at end of may they told me that are just receiving the applications for the month of June. so should I be hearing anything for the month of august, my file should be there before august, with the condition that, I don't have to give no biometrics and my process is going smoothly.
and thanks for ur prediction NuvF, so far I am been hearing that the Dallas post is one of the best, so having my fingers crossed.

The way I've seen this happened, this 'step' is basically individual FO/IO specific.
You can only cross your fingers and wait, and hope for the best. (yeah.....the mis-info pass is always an option!!)

Best!

 

[Izzy120]

Seniors,

I was looking to request Tax Transcripts to include with my AOS package. Per IRS website, there are two types:

http://www.irs.gov/individuals/article/0,,id=110571,00.html

A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed. In many cases, a return transcript will meet the requirements of lending institutions such as those offering mortgages and for applying for student loans.
A tax account transcript shows any later adjustments either you or the IRS made after the tax return was filed. This transcript shows basic data, including marital status, type of return filed, adjusted gross income and taxable income.

I wasn't sure which one I should request for. Anyone asked for a specific one? I am thinking it would be the Tax Return Transcript. Any suggestions?

Thanks in advance!

 

[WithGod]

Hi guys,
One quick question...which is better when sending th AOS package: money order, personal check or cashiers check. Also can I send one check for everything thing or should I have two checks...one for my husband and one for me.

Thanks

 

[maila]

Quick Question

Hi..I would like to thank i2009,Capeolive,NuvF, Izzy120,Nokira,Sumeet,Newone,Chooti and everyone in this forum for best wishes and support. Thanks guys. Hope we will get interview letter soon so that we can schedule our travel plans earlier saving few hundred dollars buying air tickets earlier.

When we called KCC on Friday last week they said to call them back in a week for the interview date, do you think calling tomorrow on 15th will be good idea or should wait till Friday 16th? I remember calling them couple of time to get our request for change of AOS to CP.

We have already paid AOS fees here and we have reciept; do you guys think that US embassy back home will readjust that or we have to pay again. NuvF mentioned that we may have to file request for refund after we come back. Seems the visa filing fees has gone up effective July so we will be paying more I guess.

Good luck to all.

 

[Izzy120]

...Seems the visa filing fees has gone up effective July so we will be paying more I guess....

Yes, I totally forgot about this, many of us 2011 winners who have already paid the AOS fees before July 13th 2010 (effective date for the new fees) have called KCC many times to find out if we need to pay the difference. We have been told that the new fee applies to those who will have interview dates after July 13th, 2010. I don't know if the same applies to 2010 winners with interview dates after July 13 but it doesn't hurt to check with KCC.