DV 2011 AOS Only

[dv_e]

Izzy120,

thank you very much for your answer and for the link: every bit of information about that is extremely important to me right now.

I agree with you that filling i-485 is obviously an immigration intent (cbp.gov is clear about that). I'm talking about travel before submitting AOS but after one has already sent DSP-122 to KCC. It also indicates that person may want to immigrate. The question is if such a wish (when known to the officer at the port of entry) terminates F-1 status and a person with valid F-1 visa becomes inadmissible at F-1 status at the POE.

I'm sorry for posting that for a few times already. I thank all the people who responded. I still hear very different opinions. They go from "it absolutely fine to travel" to "it's a big risk". I'm really in a position when I have to make a short trip. Lawyers I met were unable to give clear advice. That's why I'm asking how people went through a similar situation.

 

[matin123]

Hi guys,

my case number is 2011AS00041***. Do I have any chance to be current. I've heard maximum case number for Asia is 25000

2011AS00041***
First NL:5/4/10
Sec. NL:6/28/10
???

 

[Izzy120]

Unfortunately there is no written guidance about traveling after sending in your DSP122, hence the different opinion. I personally don't think that they have that much resources/funds to monitor every move you make. Technically, you are still in F1 status before filing for AOS which means you can go in and out of the US as you please. Personally, I would wait until I file for AOS and obtain an AP. If you must travel, you should "be cautious when making any decisions pertaining to F1 status issues."

Izzy120,

thank you very much for your answer and for the link: every bit of information about that is extremely important to me right now.

I agree with you that filling i-485 is obviously an immigration intent (cbp.gov is clear about that). I'm talking about travel before submitting AOS but after one has already sent DSP-122 to KCC. It also indicates that person may want to immigrate. The question is if such a wish (when known to the officer at the port of entry) terminates F-1 status and a person with valid F-1 visa becomes inadmissible at F-1 status at the POE.

I'm sorry for posting that for a few times already. I thank all the people who responded. I still hear very different opinions. They go from "it absolutely fine to travel" to "it's a big risk". I'm really in a position when I have to make a short trip. Lawyers I met were unable to give clear advice. That's why I'm asking how people went through a similar situation.

 

[NuvF]

......... I still hear very different opinions. They go from "it absolutely fine to travel" to "it's a big risk". I'm really in a position when I have to make a short trip. Lawyers I met were unable to give clear advice. That's why I'm asking how people went through a similar situation.

The only sure way to know it......

You travel, try to enter back, they cancel YOUR visa, YOU fight back with a smart lawyer, and the legal system will decide!!

Unrealistic and unfair option for you? well....that may be the reason no one could give you a SET RULE on this. 'cos either no one has had any problem or anyone who had a problem has not fought back and we do not know about it.

You are doing what is humanely possible, which is getting informed about the situation the best you can.
And at the end of all of that, its no one but your call to face the situation.... one way or other.
With my understanding of the 'system', with only DSP 122, it should be no problem unless you scream and tell them 'I aaaam a DeeeeVeeee winnnnerrrr!!' (even then they wont care for sure!!)

Get Informed, make YOUR decision !

Best !

PS: Following link is a good review on this matter.
#4 case law seems a very positive argument for DV winner travels. (pl dbl chk that the cited case law really exist, I did not do it)
it seems the law clarifies the difference between the 'intent' and 'desire' !!
I am sure there may be more case law related to this matter, if one really needs to find out deeply more.

http://www.hooyou.com/f-1/140filing.htm

 

[matin123]

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 leongsce, I am from Iran living in the US under J1 status. My case number is 2011AS00041*** ;do you think that there is any chance for me to become current? Has this happened before that somebody with such a high case number get green card?
thank you for your help

 

[leongsce]

Hi leongsce, I am from Iran living in the US under J1 status. My case number is 2011AS00041*** ;do you think that there is any chance for me to become current? Has this happened before that somebody with such a high case number get green card?
thank you for your help

matin123,
if you look at the past few years' bulletins, asia became all current in the last month. so, yes, there is still a chance of getting your gc. the most important thing that you may want to think about is - whether you should do adjustment of status or consular processing. normally people with high cn opt for cp. because, in cp, you get interviewed in the month you are current. the aos process takes longer ... so there is a possibility that high cn winners may miss the deadline by end of september. i suggest monitoring the visa bulletins every month and see how they progress and you can make a decision as to whether you want to do aos or cp.

for 2010 winners with high cn, i know some have decided to go back home to do cp.

good luck.

good luck.

 

[feel]

Hey guys, I got A# for post-completion OPT and right now I am a student again. Should I mention this A# in I-485 forms. It says A#(if any). Thanks for any input.

 

[Izzy120]

Yes, you should, the same topic was discussed in 2010 AOS Only thread recently, if you are interested in more details.

Hey guys, I got A# for post-completion OPT and right now I am a student again. Should I mention this A# in I-485 forms. It says A#(if any). Thanks for any input.

 

[sob]

Hi all,

At which point to we need to send/provide NL1? Is it as part of the I485 filing? The interview?

Thanks

--sob

 

[Izzy120]

Hi sob,

It is a vital document to include with your 485 package (include a copy) as well as for your interview (take original).

Hi all,

At which point to we need to send/provide NL1? Is it as part of the I485 filing? The interview?

Thanks

--sob

 

[Parviz]

Hello. Please I need advise. I'm muslim and maried in muslim law "nikkoh". I do't have any marriage certificate. I'm in US and my wife overseas. I want to AOS but didn't send a form couse looking for options. I listed my wife and kids when I applied for DV lottery. I cant go back home to marry my wife officially and do CP. I'm planning to do proxy marriage. Does anybody know what is that and is it legal? And what is deadline to send a ds-122 to KCC? Thanks

 

[Suzik]

Hi Izzy,

you mentioned that in aos 2010 the topic about mentioning an A# if there is any was discussed!Will you please put the link if it is possible!?
Thanks a lot!

 

[Izzy120]

Hi Suzik,

Yes, it was discussed a few days ago. If you have an A# assigned to you (you can find it on your OPT card if you had/have one) and should be mentioned on forms where it is requested. A new A# MAY be assigned to you based on your AOS application that you will send for DV. Look at the DV AOS 2010 only thread page 220 and onwards:

http://forums.immigration.com/showthread.php?297575-DV-2010-AOS-Only/page220

Also, please include your case details in your signature, whether you are doing AOS or CP, CN, FO, when NL1 was received and forms were mailed out, etc. You can do so by going to the Forum Actions> Edit Profile > Edit Signature

Hi Izzy,

you mentioned that in aos 2010 the topic about mentioning an A# if there is any was discussed!Will you please put the link if it is possible!?
Thanks a lot!

 

[Parviz]

Hi izzy

Yes, you should, the same topic was discussed in 2010 AOS Only thread recently, if you are interested in more details.

Is proxy marriage legal in us and can I marry my fiancé by proxy marriage and apply for gc as a married

 

[Suzik]

Guys, who knows if international students with F1 visa status has to file taxes if they dont have income??I saw on one web site what says that F1 students have to file taxes even there is no income or then will be problems with getting a green card!

thanks!

 

[NuvF]

Is proxy marriage legal in us and can I marry my fiancé by proxy marriage and apply for gc as a married

INA seems ok with that !
http://www.state.gov/documents/organization/86920.pdf

http://en.wikipedia.org/wiki/Consummation

If one party is already in US, you may NOT be able to execute your proxy legal docs in your state of residence, 'cos some states do not recognize proxy marriages. You should check on that more.
http://en.wikipedia.org/wiki/Proxy_marriage

 

[feel]

I think you should file form 8843 even if you dont have income. Thanks

Guys, who knows if international students with F1 visa status has to file taxes if they dont have income??I saw on one web site what says that F1 students have to file taxes even there is no income or then will be problems with getting a green card!

thanks!

 

[Parviz]

Hi NuvF
thanks a lot but I still can't find an answer. Nobody can't give me answer. I called to immigration and clerk doesn't know what proxy marriage is. Please anybody give me clear answer. I'm married under Muslim law but in my country it doesn't count cause they do register marriage certificate which I don't have. Attorney told to researche proxy marriage and some attorneys told me that immigration doesn't count proxy marriage as a marriage. I have a kid. My wife overseas I'm in us. I want to AOS. I don't have opportunity to do CP. If I can't do that if it possible to update my files and put myself as a single? I haven't sent yet ds123 and ds230. Thank you

 

[NuvF]

Hi NuvF
thanks a lot but I still can't find an answer. Nobody can't give me answer. I called to immigration and clerk doesn't know what proxy marriage is. Please anybody give me clear answer. I'm married under Muslim law but in my country it doesn't count cause they do register marriage certificate which I don't have. Attorney told to researche proxy marriage and some attorneys told me that immigration doesn't count proxy marriage as a marriage. I have a kid. My wife overseas I'm in us. I want to AOS. I don't have opportunity to do CP. If I can't do that if it possible to update my files and put myself as a single? I haven't sent yet ds123 and ds230. Thank you

Pal...do not panic..its not the end of the world!!
I blv you are DV11.

Hi NuvF
thanks a lot but I still can't find an answer. Nobody can't give me answer. ....

Yes, 'cos look at your original Q. You got what you asked for.

Anyways, do not panic and try to make up a new 'marriage' for the sake of a set of legal documents, it can backfire. And you got the best evidence of a consummated marriage....your kid!
Has your child got a valid birth cert? (which your country US embassy may deems acceptable)
In it are you and your wife's names clearly indicated? if so that is for your advantage.

I'm married under Muslim law..............

Is this common in your country? (to the extent that the local US embassy staff aware of the custom)
Can you get an affidavit (or similar) document from your mosque/clergy or equivalent, verifying that you married at a particular date under their customs?
Then it should not be a problem in my view.

I am pretty sure that you are NOT the 1st person from your country who faced this situation. Give more info and ppl who are aware of country specific details will pitch in.
Remember, the INA do not call for specific legal B&W paper to verify marriages and birth. There are much explanation for officers how they should handle cases without specific legal papers.
A good start is to fire an email to your own embassy in USA and US embassy back home asking what documents they need to verify an already 'consummated marriage' that was done originally under 'Muslim Law as practiced in the country X'

Again, do not panic which may be your worst enemy in this situation.

Good Luck !

PS: When you first applied for a visa to come to US, did you indicate in it that you are married and, if the application asked for details, did you give correct details?
If you lied in it, it will come back to haunt you I am pretty sure.
btw, do not try change your 'status' now with KCC it is hard to do and not advisable at all. Hope that you gave all correct details in your e-DV application as well.

Best!

 

[keepkeep]

Guys, who knows if international students with F1 visa status has to file taxes if they dont have income??I saw on one web site what says that F1 students have to file taxes even there is no income or then will be problems with getting a green card!

thanks!

Who said that F-1 will have a problem if they didn't file 8843?? OMG, I didn't file either !!!
Who told you that??
Thanks!!