DV 2011 AOS Only
- Thread starter lucky2011
- Start date
dalerpulatov
Registered Users (C)
No, the time gap is fine and there will be no problem since all your biometrics and FBI name check is done within 3 days.
Should be perfectly fine, especially if you check with FO that your file was requested and background check is clear. Some people had even less time between biometrics and interview with no problems =) Wish you the same!
dalerpulatov
Registered Users (C)
Dear Ladies and Gentlemen:
I have very important question. Please answer. My sponsor is self-employed and is on federal tax exempt for 3 yrs. Is it ok if he fills form I-134 Affidavit of Support.
One supporting evidence that's required for form I-134 is to present federal income tax return. Due to the court on business issues, he is exempt of federal income tax return.
onebowalaska,
could you do me a favor by requesting advise from your attorney on this particular issue.
Thanks in advance.
I have very important question. Please answer. My sponsor is self-employed and is on federal tax exempt for 3 yrs. Is it ok if he fills form I-134 Affidavit of Support.
One supporting evidence that's required for form I-134 is to present federal income tax return. Due to the court on business issues, he is exempt of federal income tax return.
onebowalaska,
could you do me a favor by requesting advise from your attorney on this particular issue.
Thanks in advance.
nezerbelle
Registered Users (C)
I was still in school when I filed form I-485, I remain on F1 until I complete next month. I have decided not to pursue the OPT after reading from this forum. Thanks for your quick reply
nezerbelle
Registered Users (C)
Thanks for the quick reply. Good luck with your interview and lets know what happens
nezerbelle
Registered Users (C)
Thanks Khayat, this forum has really helped to straighten up and clarify the dv AOS journey.
Dear friends,
has anyone here come across the stipulation that you cannot do AOS if you just got / renewed your non-immigrant visa?
I read that if you do AOS within 30-60 days after entering with new visa, you risk getting rejected.
IT IS BAD FAITH TO TRY TO CHANGE YOUR VISA CATEGORY DURING FIRST 60 DAYS IN THE U.S.
For example, if a person applies for admission into a school or for a change in nonimmigrant or immigrant status within 30 days of entry as a tourist, they are presumed to have acted in bad faith. According to INA 214(b), every foreign national who files paperwork to change to a different visa category or to stay in the U.S. permanently within the first 30 days after arriving in the U.S. is presumed to be trying to avoid longer procedures. That is, they are assumed to have had the preconceived intent to make the change before they even arrived in the U.S. and therefore they obtained or used one visa in order to evade the normal screening process abroad for the nonimmigrant or immigrant visa they really wanted.
3
CAN GENERALLY WISH TO REMAIN IN U.S., BUT NOT HAVE A "FIXED INTENT"
If the application for AOS occurs between 31 and 60 days after entry, no presumption of bad faith is made, but there is a strong suspicion that the person may have acted in bad faith. That case will be scrutinized carefully. A foreign national is allowed to have a general desire to remain in the U.S. (Matter of Hosseinpour, 15 I&N Dec.191 (BIA 1975)) but a fixed intent to remain in the U.S. is prohibited (Lauvik v. INS, 910 F.2d 658, at 660 (9th Cir. 1990)). It is up to any AOS applicant to show they had no preconceived intent to apply for permanent residence, pursuant to INA 214(b), because preconceived intent is a potential basis for discretionary denial of AOS (Von Pervieux v. INS, 572 F.2d 114,118 (3d Cir. 1978)).
Source avvo legal-guides/ugc/30-60-day-aos-adjustment-of-status-rule-of-preconceived-intent
has anyone here come across the stipulation that you cannot do AOS if you just got / renewed your non-immigrant visa?
I read that if you do AOS within 30-60 days after entering with new visa, you risk getting rejected.
IT IS BAD FAITH TO TRY TO CHANGE YOUR VISA CATEGORY DURING FIRST 60 DAYS IN THE U.S.
For example, if a person applies for admission into a school or for a change in nonimmigrant or immigrant status within 30 days of entry as a tourist, they are presumed to have acted in bad faith. According to INA 214(b), every foreign national who files paperwork to change to a different visa category or to stay in the U.S. permanently within the first 30 days after arriving in the U.S. is presumed to be trying to avoid longer procedures. That is, they are assumed to have had the preconceived intent to make the change before they even arrived in the U.S. and therefore they obtained or used one visa in order to evade the normal screening process abroad for the nonimmigrant or immigrant visa they really wanted.
3
CAN GENERALLY WISH TO REMAIN IN U.S., BUT NOT HAVE A "FIXED INTENT"
If the application for AOS occurs between 31 and 60 days after entry, no presumption of bad faith is made, but there is a strong suspicion that the person may have acted in bad faith. That case will be scrutinized carefully. A foreign national is allowed to have a general desire to remain in the U.S. (Matter of Hosseinpour, 15 I&N Dec.191 (BIA 1975)) but a fixed intent to remain in the U.S. is prohibited (Lauvik v. INS, 910 F.2d 658, at 660 (9th Cir. 1990)). It is up to any AOS applicant to show they had no preconceived intent to apply for permanent residence, pursuant to INA 214(b), because preconceived intent is a potential basis for discretionary denial of AOS (Von Pervieux v. INS, 572 F.2d 114,118 (3d Cir. 1978)).
Source avvo legal-guides/ugc/30-60-day-aos-adjustment-of-status-rule-of-preconceived-intent
@ jfk212
yes I knew that, but fortunately I think most of us have passed the two-month rule. that is one of the reasons based on which most of the lawyers warn those on non-immigrant visas like (F-1) to be more careful about their change of status. the question is that if just participating in lottery shows your intention or when you officially apply for AOS, i.e. filing I-485.
yes I knew that, but fortunately I think most of us have passed the two-month rule. that is one of the reasons based on which most of the lawyers warn those on non-immigrant visas like (F-1) to be more careful about their change of status. the question is that if just participating in lottery shows your intention or when you officially apply for AOS, i.e. filing I-485.
you are welcome nezerbelle, there are lots of members here who know more than me.
one thing to remember is that ( you can find the discussions about this issue earlier in this forum) it is highly recommended that one keeps his non immigrant status only in case (very low chance) any issue happens with his AOS application. It might help to fall back on the non immigrant status easier. This becomes more important with student visas.
I don't wanna confuse you here. You are fine with your status at the time being until a decision is made and we are only talking about small chances of unforeseen issues.
one thing to remember is that ( you can find the discussions about this issue earlier in this forum) it is highly recommended that one keeps his non immigrant status only in case (very low chance) any issue happens with his AOS application. It might help to fall back on the non immigrant status easier. This becomes more important with student visas.
I don't wanna confuse you here. You are fine with your status at the time being until a decision is made and we are only talking about small chances of unforeseen issues.
Good discussion.
I think it is applying for i-485 not entering the lottery that matters. and I think the time you entered the US or applied for a new visa matters not extending your current visa. Anybody knows more to chime in?
The thing is they do require you to be in legal status before applying for AOS and lots of people extend their status to keep their status legal before applying right?
I think it is applying for i-485 not entering the lottery that matters. and I think the time you entered the US or applied for a new visa matters not extending your current visa. Anybody knows more to chime in?
The thing is they do require you to be in legal status before applying for AOS and lots of people extend their status to keep their status legal before applying right?
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stay positive pal 
there is plenty of time.
there is plenty of time. I hope so Khayat, cause till now, no sign of any interview letter yet
onebowloflaksa
Registered Users (C)
That will not be a problem.. is he a citizen or pr? Don't forget to also include copy of the passport and birth certificate (if not a citizen or citizen through naturalization) + a letter typed by him with his company's letterhead (if applicable) stating his position, that he's self employed, amount he makes a year and when he started the company.
Good Luck!
onebowloflaksa
Registered Users (C)
Green Card Received!
Update: I received my green card in the mail today. The envelope itself does not look like the past USCIS mail so I wasn't sure until I felt something inside the envelope.
It was mailed out from Lee's Summit, MO USCIS National Customer Service Center on 11/16/10.
Update: I received my green card in the mail today. The envelope itself does not look like the past USCIS mail so I wasn't sure until I felt something inside the envelope.
It was mailed out from Lee's Summit, MO USCIS National Customer Service Center on 11/16/10.
Update: I received my green card in the mail today. The envelope itself does not look like the past USCIS mail so I wasn't sure until I felt something inside the envelope.
It was mailed out from Lee's Summit, MO USCIS National Customer Service Center on 11/16/10.
Congraaaaaaaaaaaaaaaaaaaaaaatulation! you got it.
dalerpulatov
Registered Users (C)
first, he is naturalized citizen.
he has its own business and can provide all supporting documents for form I-134
the only problem is he doesn't have federal tax return for 3 yrs. due to lawsuit.
dalerpulatov
Registered Users (C)
Update: I received my green card in the mail today. The envelope itself does not look like the past USCIS mail so I wasn't sure until I felt something inside the envelope.
It was mailed out from Lee's Summit, MO USCIS National Customer Service Center on 11/16/10.
hehe congratulations, you must be in state of euphoria now