DV 2011 AOS Only

[natorquest]

Hi All,

It will be great if anyone can help me with some information on AOS process.

My case number is AS-20XXX. I am expecting the case to be current by April/May. I am currently of F-1 visa and have selected to AOS. what are the documents needed in the package I need to send to USCIS. Do i need to send in my medicals along with the application -I 485. I am also confused about which affidavit of support document I need. Some mention I-134 and some mention I-864.

I am applying as a single and do not have a family based application. I am currently on a student visa. Your help in this matter will be highly appreciated.

Thanks in advance.

 

[feel]

Read the following from the USCIS website:
http://www.uscis.gov/portal/site/us...nnel=2df93a4107083210VgnVCM100000082ca60aRCRD

Also, go though this forum posts form the very first page, I am sure you will have all your questions answered. Hope this will help.

Hi All,

It will be great if anyone can help me with some information on AOS process.

My case number is AS-20XXX. I am expecting the case to be current by April/May. I am currently of F-1 visa and have selected to AOS. what are the documents needed in the package I need to send to USCIS. Do i need to send in my medicals along with the application -I 485. I am also confused about which affidavit of support document I need. Some mention I-134 and some mention I-864.

I am applying as a single and do not have a family based application. I am currently on a student visa. Your help in this matter will be highly appreciated.

Thanks in advance.

 

[natorquest]

One more additional question. I cam to the US on a student visa about 7 years ago. I completed my undergraduate degree worked for a couple of years and will be graduating this year from my masters. I will be getting a police report from my home country for the time period I was in the country. Since coming to the US I have not left the country. Do I need to get police reports from the US too? I do not have any bad records on me but want to make sure, if I need one where will I get it from.

Your help will be highly appreciated.

 

[lucky2011]

My interview did not go as planned. Remember that I'm filing under 245i. Well, my interviewer was CLEARLY unfamiliar with the law. Just to give you guys a background on my story:

I'm so sorry to hear that. Nonetheless, it's great that you were persistent and knew exactly the rules and that she didn't deny you. Isn't it crazy how an uninformed person can almost destroy your life? All the best ahead...

 

[natta]

Well I dont eve know what to say as it is so frustrating as you were waiting for the interview for so lond and you get someone that doesn't know how to do their job. Good Luck for the future interview and be persistent and do not give up, as you have the right to take what's yours.

My interview did not go as planned. Remember that I'm filing under 245i. Well, my interviewer was CLEARLY unfamiliar with the law. Just to give you guys a background on my story:

My aunt filed a petition for my father in January 1998. I aged out of that petition. So when my father received his Green Card in 2009, he filed a family-based petition for me. I was content in waiting the many years to become current. Then in May 2010, I received the letter saying that I won the DV Lottery. So, when I became current in October, I filed AOS under 245i, since a petition was filed before January 14, 1998.

Well when I walked into the interview and swore in, my interviewer immediately told me that a Visa was not available for me because my father just filed a petition for me (she was obviously referencing the petition that my father filed for me in 2009). I corrected her and said I was there because I won the 2011 DV Lottery. She said that was fine but if I wanted to claim a VISA under my DV win, I would have to leave the country. I was enraged because that is NOT TRUE. And I couldn't believe that this lady had the audacity to say such a thing with such confection. I said no, she was mistaken and that I DID qualify under the 245i and the 245i says that as long as a petition was filed for me (or if i'm the derivative beneficiary of such petition) then the law says I can do AOS in the United States under any petition means, this include the DV Lottery. She then says "I'll talk to my supervisor, but I think you're mistaken". I listen to her talk outside the office (I only heard bits and pieces) and all I hear from her is "Oh! Is that so? I've never done a case like this! heehhe" Ugh.... I was even more upset at that point. So she comes back and says that she doesn't know why her field office (Holtsville) received my case because NYC has a special division for Diversity Lottery winners. She said it was a mistake that they received my file and that her supervisor will send over my file to NYC today. She said it should take about 1 month to get a new interview at the NYC office.

I'm utterly appalled that they have that woman working there. What if I didn't know the law and I just sat there and said "OK" and let her deny my case. What would have happened? Remember guys, educate yourself. Education is the key to freedom.

I will keep you guys up to date on when I receive my new interview letter.

 

[atshuaib]

Interview

I attended my interview today and after the proceedings, the officer gave me a Letter stating that I will be recommended for approval and that the process will take some time. Has anyone been in this situation and what does it mean. Des it mean that Field offices cannot give final approvals?

 

[js7]

@ Queenslurker

yes there are some that do not know. the good thing was that you knew the law otherwise you could have never been accepted to US as your permanent residency had been denied!!!

 

[baobab]

Hey Baobab,

Congrats! I was just wondering if you had the same experience? I had my interview today and the officer only recommended me for approval and cancelled my F1 visa. Have you gotten your approval notice?

I attended my interview today and after the proceedings, the officer gave me a Letter stating that I will be recommended for approval and that the process will take some time. Has anyone been in this situation and what does it mean. Des it mean that Field offices cannot give final approvals?

Hi atshualb,
That has not been my experience. In fact, I do not think I've heard of any case similar to yours where some other district office has to make the approval.
In my case, the officer said he is approving me and that I should receive the card within a month. However, one week later, I still have not received any type of official notification. It is still not too late, but I have a feeling of unease just because of my experience with this field office up to now.
For now I recommend you the same medicine I take: a cup of patience every morning and evening.

 

[baobab]

One more additional question. I cam to the US on a student visa about 7 years ago. I completed my undergraduate degree worked for a couple of years and will be graduating this year from my masters. I will be getting a police report from my home country for the time period I was in the country. Since coming to the US I have not left the country. Do I need to get police reports from the US too? I do not have any bad records on me but want to make sure, if I need one where will I get it from.

Your help will be highly appreciated.

You do not need a police report from either your country or US.

 

[loula]

Dear natorquest,

I believe you do not need any police report(unless you fingerprint check is returned twice) if you are adjusting status in the US. Given than you have been around for seven years, the background checks ordered on you by the Department of State will pull any records that exists on you here in the US. I hope this helps.

 

[baobab]

Queenslurker, as your case proves, it is so important to be informed about the law, especially if you have a not so conventional case. They wronged you when they scheduled your interview at this FO, but at least you know where your case stands and there is still plenty of time till the end of the fiscal year. I know the wait is not very pleasant, so I hope that you do not have to wait too long until you get your new interview letter.

My interview did not go as planned. Remember that I'm filing under 245i. Well, my interviewer was CLEARLY unfamiliar with the law. Just to give you guys a background on my story:

 

[loula]

One more additional question. I cam to the US on a student visa about 7 years ago. I completed my undergraduate degree worked for a couple of years and will be graduating this year from my masters. I will be getting a police report from my home country for the time period I was in the country. Since coming to the US I have not left the country. Do I need to get police reports from the US too? I do not have any bad records on me but want to make sure, if I need one where will I get it from.

Your help will be highly appreciated.

Dear natorquest,

I believe you do not need any police report (unless your fingerprint check is returned twice) if you are adjusting status in the US. Given than you have been around for seven years, the background checks ordered on you by the Department of State will pull any records that exist on you here in the US. I hope this helps.

 

[natta]

So baobab, did your status change to cpo or not yet, if they told you that the case was aproved and a week later still no CPO, wondering what is going on. maybe you should make an apointment and check with them to make sure they didnt lose anything like it happened to your interview letter when you waited for hours. good luck.

Hi atshualb,
That has not been my experience. In fact, I do not think I've heard of any case similar to yours where some other district office has to make the approval.
In my case, the officer said he is approving me and that I should receive the card within a month. However, one week later, I still have not received any type of official notification. It is still not too late, but I have a feeling of unease just because of my experience with this field office up to now.
For now I recommend you the same medicine I take: a cup of patience every morning and evening.

 

[baobab]

So baobab, did your status change to cpo or not yet, if they told you that the case was aproved and a week later still no CPO, wondering what is going on. maybe you should make an apointment and check with them to make sure they didnt lose anything like it happened to your interview letter when you waited for hours. good luck.

My online status did not change and the LUD is the date of my biometrics. As it was shown, the online status is not that reliable. There are precedents. Antin and Tuscany did not get any CPO, and they just received the welcome letter. Lucky's case is in Initial review, not in acceptance. So there are some oddities with the online status.

Infopass is not really an option at this time just because of the distance to the FO. It is also only a week since my interview, so I do not think that I would receive any sympathy over my case.
I will wait at least 30 days and then I will consider my options. I hope something changes before then.

 

[goodfellas]

Tax return after green card

Thinking further down the line, if we get approved for say end of January, what kind of tax return do we file? We would not have been resident aliens for the length of the tax filing year.

 

[feel]

I believe for the 2010 tax year you are still considered non-resident alien and should file 1040NR or 1040NR-EZ (depends on your case) , but for the calender year 2011 you can file as a resident for the whole year if you choose to do so, otherwise you may choose to file as a dual-status alien (since you'll be resident and non-resident in the same calender year)..but remember this is what I think, I am not an expert in this area and I may be wrong.

Thinking further down the line, if we get approved for say end of January, what kind of tax return do we file? We would not have been resident aliens for the length of the tax filing year.

 

[Msodiqus7]

Hi baobab, Hope you will get it soon.
I went today to FO with infopass and asked about my case,they said it takes time and my officer did not make decision yet,so as you say Patience.

Hi atshualb,
That has not been my experience. In fact, I do not think I've heard of any case similar to yours where some other district office has to make the approval.
In my case, the officer said he is approving me and that I should receive the card within a month. However, one week later, I still have not received any type of official notification. It is still not too late, but I have a feeling of unease just because of my experience with this field office up to now.
For now I recommend you the same medicine I take: a cup of patience every morning and evening.

 

[reptile]

Congrats on being current. I haven't applied for AP, so I can't answer it.

- The G-1145 electronic notification form should be the first form in your package. In other words, when the IO opens your package, the G-1145 form should be the first document he/she sees.

- I also submitted a personal check with my old address on it. And I was just fine. It got cashed smoothly. Just be sure you have the correct account number and routing number on the check. Also, make sure it is in the amount of $1,070.

Best of luck !

Thank you lucky 2011.. I submitted it today with the AP form. Hopefully there will be no problem.

 

[reptile]

reptile,

Agree, most of the fields on I-131 are not for AP, pretty much the first page and then move to Part 7. I've attached a separate piece of paper explaining why I would need AP with my name, address on the top and saying that this is an attachment for I-131. I have not sent it yet but think that would work.

Thanks dimus. Indeed all i filled was practically that part!

 

[reptile]

My interview did not go as planned. Remember that I'm filing under 245i. Well, my interviewer was CLEARLY unfamiliar with the law. Just to give you guys a background on my story:

My aunt filed a petition for my father in January 1998. I aged out of that petition. So when my father received his Green Card in 2009, he filed a family-based petition for me. I was content in waiting the many years to become current. Then in May 2010, I received the letter saying that I won the DV Lottery. So, when I became current in October, I filed AOS under 245i, since a petition was filed before January 14, 1998.

Well when I walked into the interview and swore in, my interviewer immediately told me that a Visa was not available for me because my father just filed a petition for me (she was obviously referencing the petition that my father filed for me in 2009). I corrected her and said I was there because I won the 2011 DV Lottery. She said that was fine but if I wanted to claim a VISA under my DV win, I would have to leave the country. I was enraged because that is NOT TRUE. And I couldn't believe that this lady had the audacity to say such a thing with such confection. I said no, she was mistaken and that I DID qualify under the 245i and the 245i says that as long as a petition was filed for me (or if i'm the derivative beneficiary of such petition) then the law says I can do AOS in the United States under any petition means, this include the DV Lottery. She then says "I'll talk to my supervisor, but I think you're mistaken". I listen to her talk outside the office (I only heard bits and pieces) and all I hear from her is "Oh! Is that so? I've never done a case like this! heehhe" Ugh.... I was even more upset at that point. So she comes back and says that she doesn't know why her field office (Holtsville) received my case because NYC has a special division for Diversity Lottery winners. She said it was a mistake that they received my file and that her supervisor will send over my file to NYC today. She said it should take about 1 month to get a new interview at the NYC office.

I'm utterly appalled that they have that woman working there. What if I didn't know the law and I just sat there and said "OK" and let her deny my case. What would have happened? Remember guys, educate yourself. Education is the key to freedom.

I will keep you guys up to date on when I receive my new interview letter.

Really frustrating Queenslurker.. which also raises a question: What if she insisted you were the one mistaken and had you denied? Can a lawyer intervene at this stage or that would be it.

Good luck with your new interview.