DV 2011 AOS Only

[Freedom_N]

Happy New Year 2011 Everybody!

 

[hmouse]

Happy New Year 2011 Everybody!, I am a winner of DV-2011 with 350xx case number from Asia. I am in UK at the moment, I have send my forms to KCC 1 month after I have received my first winner letter. I have found a job in US and apply for H1b visa and I have got administrative processing( which may take 2-3 months). as far as I understand, If I arrive to US I need ton use I-485 form to Adjust of Status. my question is as follow:

- my case is not current yet, would it be possible to apply for AOS as soon as I arrive to US or I need to wait for my case number to be current?
- normally how long it will take from filling i-485 till I get my GC?
- Is there any possibility that I can not get my GC?

it is essential for me, since I do not want to loose my job in UK and come to US without green card( which is the only reason I apply for a job in US)


many thanks

Siavash

 

[pbz]

I tried making the account and then adding my case but still no luck. Thanks anyway khayat.

Well, don't worry about it then, one more thing to just try is to make an account. have you done that?

I really doubt that it would work for you but give it a try see if it does anything. Go here:

 

[pbz]

Affidavit of Support for Interview

So I received my interview letter and among the list of item it states to bring with me is a completed Affidavit of Support (Form I-864) along with W2's, tax returns, letter from employer and evidence of citizenship or LPR for the sponsor.

How important is it that I take a completed I-864? I know Izzy advocated strongly for having it but not everyone has someone willing to sponsor them. I am on a F1 and still in school. I don't have a job per say but have a graduate assistantship.

I know a number of people on this forum who are on F1 have had or will have their interviews. Please share your thoughts on this and what you did.

Thanks.

 

[sundaram]

hmouse, Welcome to the forum and Happy new year to you too.

- Considering your case no. I think it would be ok to apply for AOS as soon as you see your case no. in the advance cut off in the visa bulletin.
-the average period of time to get GC from the appy date has been 2-4 months(based on 2010-2011forums), you can also visit these links created by forum members here to get some ideas with timelines.

https://spreadsheets.google.com/ccc...1NDJaZWR0aTBQTHc&hl=en&authkey=CKu6h5UN#gid=0
https://sites.google.com/site/dvaos2011information/

-the possibility of not getting GC with DV cases are very rare, but remember every individual case is different, if you meet all requirements and then you should be ok.

Happy New Year 2011 Everybody!, I am a winner of DV-2011 with 350xx case number from Asia. I am in UK at the moment, I have send my forms to KCC 1 month after I have received my first winner letter. I have found a job in US and apply for H1b visa and I have got administrative processing( which may take 2-3 months). as far as I understand, If I arrive to US I need ton use I-485 form to Adjust of Status. my question is as follow:

- my case is not current yet, would it be possible to apply for AOS as soon as I arrive to US or I need to wait for my case number to be current?
- normally how long it will take from filling i-485 till I get my GC?
- Is there any possibility that I can not get my GC?

it is essential for me, since I do not want to loose my job in UK and come to US without green card( which is the only reason I apply for a job in US)


many thanks

Siavash

 

[sundaram]

Happy new year folks!

Update: received interview letter just for me(not for spouse), will wait few more days just in case it is being delayed by postal service, otherwise, will go for infopass.

 

[baobab]

So I received my interview letter and among the list of item it states to bring with me is a completed Affidavit of Support (Form I-864) along with W2's, tax returns, letter from employer and evidence of citizenship or LPR for the sponsor.

How important is it that I take a completed I-864? I know Izzy advocated strongly for having it but not everyone has someone willing to sponsor them. I am on a F1 and still in school. I don't have a job per say but have a graduate assistantship.

I know a number of people on this forum who are on F1 have had or will have their interviews. Please share your thoughts on this and what you did.

Thanks.

Congratulations on receiving your interview appointment. It looks like you received a letter with the standard list of documents. I-864 is not required for DV cases. Instead, you can bring with you an I-134 form which is a bit easier on the requirements, e.g. sponsor does not have to be citizen or LPR.

I figure not many people were asked to show an affidavit of support during the interview until now, except perhaps for those in New York who had a more difficult interview. But you cannot predict if your IO will ask for one based on other people's experiences. It is best if you are fully prepared just in case. Do your best to get an affidavit of support (I-134) and show it only if asked.

 

[baobab]

Happy new year folks!

Update: received interview letter just for me(not for spouse), will wait few more days just in case it is being delayed by postal service, otherwise, will go for infopass.

Congratulations sundaram and Happy new year to you as well.
We sent our applications at about the same time, so I am happy to see that you received your interview letter fairly quickly after the long delay with your biometrics appointment.

 

[khayat]

Hi hmouse,

I slightly disagree with Sundaram in this issue and I would like other people to chime in as well on this.

You case is relatively high and you probably will be current late in the fiscal year. As you know the higher your case number, the more chance that you pass the FY before a visa is issued to you. There were couple of people last year with high case numbers who unfortunately did not reach the deadline.
Considering this , the common wisdom is that you stick with the consular process because it is much faster. However, AOS cases seem to process faster at the end of the year. If you can get in to the country with your H1B and then go back to England for you DV interview, I would suggest that route instead of AOS. AOS is a more complicated process with more steps and if you don't get it done within a months or two, Since your case number will probably be current in Aug or Sep, the fiscal year will be over and there might be no soup left for you.
there are couple of issues here that you need to remember:

1: keep all of your immigration options open. DV with high case numbers are a tad shaky
2: make sure if you decide to do AOS, you can send you package 60 days in advance and you need to have past 6 months after a non- immigrant visa is issued to you. It is been discussed earlier in this forum. applying earlier than that would be considered a conflict of intention and may be a basis of denial.
3: Did you request AOS or Consular Processing in your forms sent to KCC, complete your signature so we can help you better.

At the end, please note that you are the one that needs to decide, do your research by reading the forum and decide based on your situation. We only know what we have heard and experience and read about this process.

Let us know if you have more questions, happy new year

Happy New Year 2011 Everybody!, I am a winner of DV-2011 with 350xx case number from Asia. I am in UK at the moment, I have send my forms to KCC 1 month after I have received my first winner letter. I have found a job in US and apply for H1b visa and I have got administrative processing( which may take 2-3 months). as far as I understand, If I arrive to US I need ton use I-485 form to Adjust of Status. my question is as follow:

- my case is not current yet, would it be possible to apply for AOS as soon as I arrive to US or I need to wait for my case number to be current?
- normally how long it will take from filling i-485 till I get my GC?
- Is there any possibility that I can not get my GC?

it is essential for me, since I do not want to loose my job in UK and come to US without green card( which is the only reason I apply for a job in US)


many thanks

Siavash

 

[khayat]

Great News This is your New Year gift.

Happy new year folks!

Update: received interview letter just for me(not for spouse), will wait few more days just in case it is being delayed by postal service, otherwise, will go for infopass.

 

[khayat]

5 more days pal! I wish you the best

Congratulations sundaram and Happy new year to you as well.
We sent our applications at about the same time, so I am happy to see that you received your interview letter fairly quickly after the long delay with your biometrics appointment.

 

[bobik]

i have a question guys, when you download I-485 Form, on top of the page it says expired 12/31/2010. so what should i do if im applying in 2011?

 

[Freedom_N]

Seems that you got the generic form that asks for generic things for the interview (mostly family based).
I think you need I-134 and not I-864.

So I received my interview letter and among the list of item it states to bring with me is a completed Affidavit of Support (Form I-864) along with W2's, tax returns, letter from employer and evidence of citizenship or LPR for the sponsor.

How important is it that I take a completed I-864? I know Izzy advocated strongly for having it but not everyone has someone willing to sponsor them. I am on a F1 and still in school. I don't have a job per say but have a graduate assistantship.

I know a number of people on this forum who are on F1 have had or will have their interviews. Please share your thoughts on this and what you did.

Thanks.

 

[hmouse]

Hi Khayat/ Sundaram,

Thanks for your reply.

I am Iranian and normally we will get H1B visa for single entry and 3 months, so there is no option for me to back to England and apply for DV visa( since my work permit for UK will be invalid as soon as I leave England). the problem is administrative processing or clearance of FBI for Iranian which will take long time to get a visa in consular section, that is the reason I want to get into US and apply for AOS.

so I have following question:

- will we check for administrative or clearance processing while we apply for AOS in US?

- I am confused what step need to be finished by end of FY ? Green card or interview or something else?

thanks again

Siavash

AS 2011000035XXX
NL1-5/015/10
Forms sent to KCC on 6/15/10

Consular London

 

[hmouse]

Hi hmouse,

I slightly disagree with Sundaram in this issue and I would like other people to chime in as well on this.

You case is relatively high and you probably will be current late in the fiscal year. As you know the higher your case number, the more chance that you pass the FY before a visa is issued to you. There were couple of people last year with high case numbers who unfortunately did not reach the deadline.
Considering this , the common wisdom is that you stick with the consular process because it is much faster. However, AOS cases seem to process faster at the end of the year. If you can get in to the country with your H1B and then go back to England for you DV interview, I would suggest that route instead of AOS. AOS is a more complicated process with more steps and if you don't get it done within a months or two, Since your case number will probably be current in Aug or Sep, the fiscal year will be over and there might be no soup left for you.
there are couple of issues here that you need to remember:

1: keep all of your immigration options open. DV with high case numbers are a tad shaky
2: make sure if you decide to do AOS, you can send you package 60 days in advance and you need to have past 6 months after a non- immigrant visa is issued to you. It is been discussed earlier in this forum. applying earlier than that would be considered a conflict of intention and may be a basis of denial.
3: Did you request AOS or Consular Processing in your forms sent to KCC, complete your signature so we can help you better.

At the end, please note that you are the one that needs to decide, do your research by reading the forum and decide based on your situation. We only know what we have heard and experience and read about this process.

Let us know if you have more questions, happy new year

Hi Khayat,

I am concern about item 2. correct me if I am wrong, you mean that I have stay in US for 6 months before applying for AOS? I'll probably will receive my H1-B visa in Feb_march 2011( depend on administrative processing in US consular in London). Is there any one has same problem as me?

many thanks for your help

 

[baobab]

5 more days pal! I wish you the best

Thanks Khayat. Yes, almost there. I have all the papers in folders and just waiting for the long drive (400 miles) to the FO. At least the weather prediction does not look that bad.

It is going to be a full week of interviews. Good luck to the first ones, Armanio and Chenthittayil.

 

[baobab]

Hi Khayat,

I am concern about item 2. correct me if I am wrong, you mean that I have stay in US for 6 months before applying for AOS? I'll probably will receive my H1-B visa in Feb_march 2011( depend on administrative processing in US consular in London). Is there any one has same problem as me?

many thanks for your help

Yes, there is a rule of "preconceived immigrant intent" when you enter US on non-immigrant visa and then quickly apply for adjustment of status.
I could not remember the exact limits, but a search shows that it is 30-60 days.
Some quotes taken from http://www.aila.org/content/fileviewer.aspx?docid=33004&linkid=224523

There is really no specific statutory bar to adjustment of status based solely on immigrant intent as it applies to non-immigrants; however, if you enter as a nonimmigrant, you can be denied adjustment of status as a matter of discretion under the notion of what is called “Preconceived Intent” to immigrate. Preconceived intent means that USCIS makes a determination that when you entered as a nonimmigrant, your intent was not a temporary intent, but rather you entered with the intent to become an immigrant. Typically when an immediate relative petition is at issue, preconceived intent alone is not a sufficient basis to deny AOS.

In pursuing both consular processing and even adjustment, attorneys also must keep in mind the Department of State (DOS) 30/60-day rules in regard to intent. Under the Foreign Affairs Manual (FAM) (9 FAM 40.63), DOS has a narrow framework for determining when there is immigrant versus nonimmigrant intent. Under these rules, for example, if a foreign national files for adjustment of status within 30 days of entry on a B-2 visa, under the FAM, there would be a presumption of preconceived intent. If between 30 and 60 days, the presumption would become a rebuttable presumption, and if, after 60 days, there would be no presumption of preconceived intent. The 30/60-day rule is a DOS rule, and there is no specific USCIS rule that is similar; however, USCIS often relies on this general guideline in making its own determinations, as a matter of discretion, in adjustment application adjudications. Therefore, you must be wary of this rule, and this would mean to typically advise your clients to marry and file for adjustment after the initial 60-day period of entry, whenever possible. This way, there is no specific presumption of preconceived intent to immigrate. If your client can document how her intentions changed over time, and why, this would also prepare the case for any defensive explanation, if necessary, regarding intent.

Also, this link: http://www.avvo.com/legal-guides/ugc/30-60-day-aos-adjustment-of-status-rule-of-preconceived-intent

The important part is that "Adjustment of status (AOS) decisions are discretionary, not mandatory and officers can deny AOS because the application was submitted too quickly." This is left at the judgement of the interviewing officer. However, with AOS cases you can bring counsel to the interview.

Foreign nationals should be counseled, whenever possible, not to engage in a rapid sequence of events that would lead one to the conclusion that they have been seeking to immigrate to the United States all along. The BIA has consistently applied this “rapid sequence of events” test in denying adjustment applicants as a matter of discretion. So it is important to avoid this appearance by not taking actions, prior to entry into the United States that would illustrate intent contrary to the nonimmigrant visa entry—for example, someone purchasing a wedding ring before he or she even enters the United States, liquefying all assets prior to departure to the United States, etc. In short, when preparing your clients application, and again when preparing them for an adjustment interview, it is important to discuss not only the manner of entry into the United States, but also the initial intent in entering the country and if there is any way to document such intent, particularly in cases that are not immediate-relative–based cases.

I do not know how this applies to DV cases, where you clearly have an intent of entering US to immigrate. I think it is best if you seek advice from a qualified lawyer. None of us here is really an expert.

 

[baobab]

- will we check for administrative or clearance processing while we apply for AOS in US?

- I am confused what step need to be finished by end of FY ? Green card or interview or something else?

1) There is a fingerprint check and a name check. Fingerprints are checked quickly, but name checks can take months sometime. These cases are rare though.

2) I believe the approval / card order has to occur before the Sept 30 deadline.

 

[baobab]

i have a question guys, when you download I-485 Form, on top of the page it says expired 12/31/2010. so what should i do if im applying in 2011?

bobik, you should be fine with the most recent form. That is the 11/23/2010 edition. I submitted the 7/15/2010 edition and that one has the 12/31/2010 expiration date as well. I am not sure exactly what that means, but the 485 instructions show which editions are accepted.

Check the page again before you are ready to submit your application and see if anything changed.

 

[hmouse]

Hi Baobab,

many thanks for your helpful reply. I have applied for H1-B visa which is dual intent. after reading your link I have found that there is not mentioned H1-B visa for this rule,

If a person enters the United States in certain nonimmigrant (temporary) visa categories with the obvious intention of applying for immigrant (permanent) status, their adjustment of status (AOS) application can be denied by the USCIS in the exercise of discretion. The nonimmigrant visa categories that can never intend to acquire permanent status are B-1/B-2 Visitors, F-1 Students, J-1 Exchange Visitors, Q Cultural Exchange Visitors, TN Visitors or Visa Waiver Visitors. Applicants for AOS must not only prove to the USCIS that they have been "in status" at all times that they have been in the United States since 1987, but also that they have not acted in bad faith for their latest entry. The USCIS has adopted the "30/60 Rule” used by the Dept. of State’s Foreign Affairs Manual (9 FAM 40.63 n4) when examining events that occur shortly after entry.

it just said that these certain temporary visa are not able to change quickly: B-1/B-2 Visitors, F-1 Students, J-1 Exchange Visitors, Q Cultural Exchange Visitors, TN Visitors or Visa Waiver Visitors,

do you have any idea or do you know someone changing from H1-B visa(dual intend) to AOS.

many thanks for your helpful link.