DV 2011 AOS Only
- Thread starter lucky2011
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luganskman
Registered Users (C)
Izzy120
I called to KCC today and asked them what should I do in case when I got 2NL already and Receipt for DoS and didn't filed any of the forms? I was told that I must send them DSP122 and 2 photo for each member of my family. I didn't ask them about DS230 however, and I gonna to do it tomorrow. Any news about that DS230 form for spouse and dependents?
luganksman,
This conversation was earlier in May and I had called KCC after that on several occasions to get a consistent answer from KCC, which I didn't. Some mentioned I needed to send DS 230 while others asked me to send only DSP 122, 2 photos, and barcode page. So, to be on the safe side, I went ahead and sent everything i.e., DS 230 (for PA and spouse), DSP 122, barcode page, 2 photos/person. No one complained and I was fine and I received my NL2 just fine. So, I don't think its that big of a deal. I did however mention on a cover letter that I was going to "Adjust to Status" with USCIS in bold. I've heard many people send in forms without the DS 230 and were fine as well, but sending in DSP 122 and 2 photos is a must (as said by KCC to you, this was also mentioned in several of KCC e-mails) as later on, your local USCIS will have to have access to your "file" from KCC before they can issue you GC (which I have seen happen during interviews for some 2010 folks).
This conversation was earlier in May and I had called KCC after that on several occasions to get a consistent answer from KCC, which I didn't. Some mentioned I needed to send DS 230 while others asked me to send only DSP 122, 2 photos, and barcode page. So, to be on the safe side, I went ahead and sent everything i.e., DS 230 (for PA and spouse), DSP 122, barcode page, 2 photos/person. No one complained and I was fine and I received my NL2 just fine. So, I don't think its that big of a deal. I did however mention on a cover letter that I was going to "Adjust to Status" with USCIS in bold. I've heard many people send in forms without the DS 230 and were fine as well, but sending in DSP 122 and 2 photos is a must (as said by KCC to you, this was also mentioned in several of KCC e-mails) as later on, your local USCIS will have to have access to your "file" from KCC before they can issue you GC (which I have seen happen during interviews for some 2010 folks).
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Hi guys,
I have a question. I am doing AOS. If my number is current in October, and say my docs arrive at USCIS on Oct 1, will I be guaranteed an interview on October, or it can be months after October? I plan to go home on Dec, but I'm not sure if I will already have my interview by that time.
Thanks all, you've all been a great help ^^
keepkeep
I have a question. I am doing AOS. If my number is current in October, and say my docs arrive at USCIS on Oct 1, will I be guaranteed an interview on October, or it can be months after October? I plan to go home on Dec, but I'm not sure if I will already have my interview by that time.
Thanks all, you've all been a great help ^^
keepkeep
luganskman
Registered Users (C)
Izzy120
Thanks for your wish to help. Today I called to KCC and asked them once again about form DS 230 for my wife and my son, and they answered that I don't need to send that form to KCC, only DSP 122 + 2 photo for each of us. So I will send only what I was told to.
hello everybody
I'm a 2011 winners dv lottery,i'm from congo DRC and i have a problem. I have send the form 122 and 230 and the money for adjusting status the same day. Now I have received the letter from kentucky saying that i have to send the money to missouri and i also have to join an enveloppe for missouri to return the receipt. But when i have send the money to missouri i didn't hoin that enveloppe... what should i do?
please help me. I'm very stress out
thanks
sorry for my english,I know it's not too good
I'm a 2011 winners dv lottery,i'm from congo DRC and i have a problem. I have send the form 122 and 230 and the money for adjusting status the same day. Now I have received the letter from kentucky saying that i have to send the money to missouri and i also have to join an enveloppe for missouri to return the receipt. But when i have send the money to missouri i didn't hoin that enveloppe... what should i do?
please help me. I'm very stress out
thanks
sorry for my english,I know it's not too good
keepkeep,
no, the interview date may not be in oct even if you are current in that month. it could be in nov or even dec. the reason is simply how fast the process moves. take a look at the signatures and you can roughly estimate how long it takes before your interview date comes up. take a look at those in 2010 current in oct. that will give you a better gauge of the timeline.
also remember that you cannot travel out of country after you submit your i485. uscis will deem that you are abandoning your application if you leave the country at this time. if you need to leave the country you must apply for advance parole together with your i485 application. only with advance parole you can travel out of the country while your case is pending.
have you done your medicals?
asunta,
don't worry ... i did the same silly mistake that you did!
did they return your check/money order with the receipt?
they should an if they haven't contact kcc and find out whether they have mailed it back to you.
you can send it again to the right address with the payment, the receipt form and a self addressed stamped envelope. the check to send is not for adjusting status, it is for the dv lottery fee ($440).
Hi everyone,
thanks a lot to everyone who shares their experiences in order to help each other!This source of information is better than any lawyer
I have a question about sending DS-122,2 photos and a barcode to KCC!Did you use Fed ex or USPS or just as a normal letter?How is it important to get the letter fast?
thanks for a response in advance!
thanks a lot to everyone who shares their experiences in order to help each other!This source of information is better than any lawyer
I have a question about sending DS-122,2 photos and a barcode to KCC!Did you use Fed ex or USPS or just as a normal letter?How is it important to get the letter fast?
thanks for a response in advance!
I see. I guess the only way you can get the interview on the same month as your number becomes current is by CP, not AOS.
I'm in a F-1 visa right now and I was hoping that by the beginning of next year I can have my GC and apply for an off-campus job. It leads me to my other question, I know we can apply for EAD together with the GC right? How long is the approval for EAD? Is it approved at the same time as GC? If so, what's the point of applying EAD then? Can I apply for an off-campus job once I get the EAD?
I haven't done my medicals. I will do it in September I think, just because it is valid for a year. We can finish the medical and get the report in a day, right?
Thanks a lot leongsce !! ^^
Hi everyone,
thanks a lot to everyone who shares their experiences in order to help each other!This source of information is better than any lawyer
I have a question about sending DS-122,2 photos and a barcode to KCC!Did you use Fed ex or USPS or just as a normal letter?How is it important to get the letter fast?
thanks for a response in advance!
suzik,
my suggestion is to use usps but with acknowledgment receipt so that you know when your mail arrived at kcc. this method of usps mail guarantees delivery in 2 days.
keepkeep,
yes, cp interviews are in the same month that you are current.
yes, you can apply for ead together with your i485. the ead, normally, is approved faster (in about a month) than your adjustment application. once with the ead, you can work off campus.
yes, you will be able to get your medical report (sealed envelope ... do not open), in about 2 days. valid for one year.
Just couple more questions,
How to apply for EAD? Do I only need to submit the form necessary (I forgot what form) for EAD along with my i485 application?
Do I need to be interviewed in order for them to approve my EAD? What are the requirements so that they will approve my EAD?
Thanks !! ^^
keepkeep,
the form for ead is i765. just fill up form and provide any required supporting documentation. there will be no interviews for ead. they will approve it and send you card. there will be a fee if filed separately from your i485. it's free if filed with your i485. so if you are in the early months then file it together with your i485.
NuvF
Member
F1 and Pending i-485 ......its a BIG MURKY/GRAY area ....be informed !!
Those on F1 and filing for I-485 (based on DV or otherwise) it is sort of an 'All or nothing' deal. Success in i-485 is what guarantees a ' ...happily ever after!' type deal.
If failed, your F1/F2 is in jeopardy, and you will have to trek in some 'untested' waters. (rather, you will be in search of the 'Good Imm. Lawyer', who is either dead or yet to be born !!)
Technically/Theoretically filing an i-485 puts and 'end' to your F1 non-immigrant status. So one can argue you might as well get all interim benefits that comes with a pending i-485 like EAD and Adv. parole. Sure, you can...so apply and get them.......BUT as a matter of practical precaution 'activate and use' those benefits ONLY IF YOU HAVE TO !
Reason......if you activate EAD and AP before your i-485 decision, then it is more likely that you REALLY abandoned your F1, and there will be no recourse to it if your i-485 eventually get denied.
AS a rule of thumb if you're on F and have a pending i-485 ' Do not activate EAD, AP etc. and try your best to maintain your F status'
I advise DV people who may get intvw early in FY to apply for AP (I-131) and keep it just in case your case drags and you have to leave the US for an 'emergency'.
Same way get the EAD but try your best to avoid the temptation of using/activating it.
But late into FY, it is not worth getting these, unless you think you can get away with it, say by using the EAD after a failed i-485 for illegal employment (max for ~1 yr)
I remember seeing online few school DSO s advising students of this 'pot hole'.....following is one, but there may be others out there who caution students about this gray matter !
http://oregonstate.edu/international/sites/default/files/atosu/PendingPRForm.pdf
Best !
Those on F1 and filing for I-485 (based on DV or otherwise) it is sort of an 'All or nothing' deal. Success in i-485 is what guarantees a ' ...happily ever after!' type deal.
If failed, your F1/F2 is in jeopardy, and you will have to trek in some 'untested' waters. (rather, you will be in search of the 'Good Imm. Lawyer', who is either dead or yet to be born !!)
Technically/Theoretically filing an i-485 puts and 'end' to your F1 non-immigrant status. So one can argue you might as well get all interim benefits that comes with a pending i-485 like EAD and Adv. parole. Sure, you can...so apply and get them.......BUT as a matter of practical precaution 'activate and use' those benefits ONLY IF YOU HAVE TO !
Reason......if you activate EAD and AP before your i-485 decision, then it is more likely that you REALLY abandoned your F1, and there will be no recourse to it if your i-485 eventually get denied.
AS a rule of thumb if you're on F and have a pending i-485 ' Do not activate EAD, AP etc. and try your best to maintain your F status'
I advise DV people who may get intvw early in FY to apply for AP (I-131) and keep it just in case your case drags and you have to leave the US for an 'emergency'.
Same way get the EAD but try your best to avoid the temptation of using/activating it.
But late into FY, it is not worth getting these, unless you think you can get away with it, say by using the EAD after a failed i-485 for illegal employment (max for ~1 yr)
I remember seeing online few school DSO s advising students of this 'pot hole'.....following is one, but there may be others out there who caution students about this gray matter !
http://oregonstate.edu/international/sites/default/files/atosu/PendingPRForm.pdf
Best !
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NuvF
Member
Nope, the last time I checked....the rules changed with that 'all inclusive fee' change to $1,010.
You can even apply for ead and ap later on showing your i-485 receipt.
Pl dbl chk this !
NuvF,
Okay, here is my case:
I want to apply EAD together with i-485 package. If I get the EAD approval, I will look for off-campus job and if I am lucky enough to find a job, I will activate my EAD.
Meanwhile, I will still maintain my F-1 status by enrolling full time. I also do not plan to go abroad until I graduate.
Suppose my i-485 application is denied (God help me it won't happen..^^), can USCIS force/deport me to go home because I have shown my immigrant intent?
What do you think? Thanks ^^
keepkeep
NuvF
Member
@KeepKeep,
in the worst case scenarios; (remember, for F, due to D/S nature of admission, no illegal stay is triggered unless officially notified about your illegal and or out-of status)
1. If your DV case is not successful before the end of FY, and soon afterward (or may be later) USCIS has the authority to issue you an 'out of status' notification and or 'start of deportation procedures'. Then from that date you illegal stay starts. THIS CAN HAPPEN IRRESPECTIVE OF YOU USED EAD/AP OR NOT.
This scenario is pretty straight fwd and you know the beast bit you right on and you can be 'happy it happened sooner' !
2. Case was not successful before end of FY, you 'think' you are ok that you maintained your F status. You go on to finish and apply for OPT or H (or even later another say job based i-485) At any such time when you ask them to 'adjust/change your status' in the future and if they undertake a thorough review of your history, then they will issue a finding that due to your failed DV i-485 attempt you have been out-of-status and you are not qualified to do those adjustments within US and you have to leave.
If this happens, the earlier mentioned untested 'rule of thumb say', that you may, just may....have a chance to successfully defend yourself and convince USCIS by saying that you made a CONSCIOUS effort to maintain your F status. If you had used EAD and or AP, that 'conscious' effort defense is lost. (I-did-not-know that, is not a legal defense at such a situation!)
Knowing all these your options are;
A) To hell with them since it seems I will be screwed any ways.....I will use EAD/AP but otherwise maintain F .
If DV i-485 is not successful and if no deportation or similar notification afterward, and if later I need status change or adjustments, it is better I LEAVE US and do those under CP, otherwise they might find fault with past history. (or just take chances and do them in US anyways)
B) Do not use any interim benefits. Even if i-485 is not successful be happy you followed an untested, un-defined rule just 'cos it seems it is the 'accepted notion' at the time and just HOPE in the future they will 'reward' you for your good behavior. If NOT just end up doing what option A end up doing anyways!
These are what i call 'informed' decisions, than saying later sorry!, I-did-not-know at the time !!
Best !
PS: Status loss due to activation of AP is very defined, 'cos if you use an AP to enter, the system is clearly 'updated' that your immediately past visa status is canceled and now you are a 'parolee'.
Use of EAD is the real 'gray' area. I am really not sure how they will track it. But since the use of I-9 is now compulsory for employers, it may just show up on their systems one way or other. So if you use the EAD , if possible try not filling up I-9 with that EAD details.
in the worst case scenarios; (remember, for F, due to D/S nature of admission, no illegal stay is triggered unless officially notified about your illegal and or out-of status)
1. If your DV case is not successful before the end of FY, and soon afterward (or may be later) USCIS has the authority to issue you an 'out of status' notification and or 'start of deportation procedures'. Then from that date you illegal stay starts. THIS CAN HAPPEN IRRESPECTIVE OF YOU USED EAD/AP OR NOT.
This scenario is pretty straight fwd and you know the beast bit you right on and you can be 'happy it happened sooner' !
2. Case was not successful before end of FY, you 'think' you are ok that you maintained your F status. You go on to finish and apply for OPT or H (or even later another say job based i-485) At any such time when you ask them to 'adjust/change your status' in the future and if they undertake a thorough review of your history, then they will issue a finding that due to your failed DV i-485 attempt you have been out-of-status and you are not qualified to do those adjustments within US and you have to leave.
If this happens, the earlier mentioned untested 'rule of thumb say', that you may, just may....have a chance to successfully defend yourself and convince USCIS by saying that you made a CONSCIOUS effort to maintain your F status. If you had used EAD and or AP, that 'conscious' effort defense is lost. (I-did-not-know that, is not a legal defense at such a situation!)
Knowing all these your options are;
A) To hell with them since it seems I will be screwed any ways.....I will use EAD/AP but otherwise maintain F .
If DV i-485 is not successful and if no deportation or similar notification afterward, and if later I need status change or adjustments, it is better I LEAVE US and do those under CP, otherwise they might find fault with past history. (or just take chances and do them in US anyways)
B) Do not use any interim benefits. Even if i-485 is not successful be happy you followed an untested, un-defined rule just 'cos it seems it is the 'accepted notion' at the time and just HOPE in the future they will 'reward' you for your good behavior. If NOT just end up doing what option A end up doing anyways!
These are what i call 'informed' decisions, than saying later sorry!, I-did-not-know at the time !!
Best !
PS: Status loss due to activation of AP is very defined, 'cos if you use an AP to enter, the system is clearly 'updated' that your immediately past visa status is canceled and now you are a 'parolee'.
Use of EAD is the real 'gray' area. I am really not sure how they will track it. But since the use of I-9 is now compulsory for employers, it may just show up on their systems one way or other. So if you use the EAD , if possible try not filling up I-9 with that EAD details.
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Thanks NuvF !!
Phew...I really have to think this through...But I guess you're right..I will be screwed either way, hahahah...
Do you know if the USCIS has certain tendency to decline F-1 winners because they initially showed non-immigrant intent?
My case is simple; I am single and I have all the required docs..
Actually I'm just worried if USCIS has certain prejudice about F-1 winners.
From past F-1 winners, it seems they did not have a problem.
What do you think?
Thanks a lot for helping me !! ^^