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DV 2011 AOS Only

sundaram said:
Hello everyone,

Good luck to everyone who is current in October. Mine is current in Nov, so starting to gather documents. In regards to affidavit of support I still have confusion even though I did quite a research on that matter. My questions are, :
1) In case when principal applicant is employed, he/she need not submit I34 in AOS package but prepare it for interview(just in case they asked), right?
2) Should I prepare I134 for the spouse (who is on a dependent visa )to include in AOS package? If yes, can I be the sponsor?..If no, what documents should I include on the spouse's file?
Any suggestions would be appreciated.
Note: I am planning to include my tax return, w2, employment and paystubs for the principal applicant's financial documents
Click to expand...

sundaram,
basically, if you are earning above the poverty guidelines then you probably will not need the affidavit of support. if your earnings are below or borderline, i will suggest preparing one.
only one affidavit is required for one family and it all depends on how many people there are in the family - the minimum income levels increases based on number of family members.
 
leongsce,

Do you know of any F1 student who was asked for proof of financial stability? I am applying as single (no family). Do you think i can include a letter of a family member overseas showing financial support? I am new in the US and most of my friends are students, i.e. not in a situation to sign the Affidavit of Support form.

Thanks,
reptile

-- 2011AS16xxx --
Received NL2 and planning to do medicals
 
Hello Friends,

I have always been F1 and never filed for OPT. I do not remember having an A number. Or do I have somewhere and don't know about it? Should I leave the space provided for it blank or mention "None".

Thanks
 
reptile said:
leongsce,

Do you know of any F1 student who was asked for proof of financial stability? I am applying as single (no family). Do you think i can include a letter of a family member overseas showing financial support? I am new in the US and most of my friends are students, i.e. not in a situation to sign the Affidavit of Support form.

Thanks,
reptile

-- 2011AS16xxx --
Received NL2 and planning to do medicals
Click to expand...

reptile,
i remember vaguely that i read in the old threads ... was a very long time ago ... that there were some such instances of students being asked for the affidavit of support. also the affidavit of support has to be filled and signed by a u.s. person, either a citizen or pr.
but in many cases, it was never asked for. much depends on the ao. no one knows how they assess an applicant for the affidavit. but one can only guess that, age and potential career prospects after graduation, are probably factors they consider. i don't think they will ask for it if you are a med student (but who knows). it is still on the safer side if you are able to find someone who can help you provide the affidavit.
having a healthy bank account in your name will help too.
 
Thanks leongsce,

Yes makes sense. I will try to have it ready just to be on the safe side besides gathering some supporting documents as well.

@khayat

Not all F1 students have Alien registration numbers. I am on F1 and never filed for OPT and dont have it so i left the corresponding field blank. As far as i know, "A" numbers are not issued for non-immigrant visas unless there is work involved (CPT, EAD, H1B...). If you have one by any chance, i guess it should appear on your most recent I-20.

Btw your nickname seems familiar. Which country in AS are you from?

-- 2011AS16xxx --
Received NL2 and planning to do medicals
 
Thanks Reptile,

It is good to have somebody in the same boat! Since we are not supposed to leave any field blank, I think it is better to print N/A or None I believe. What do you think?

Edit/Update: I put down NONE or N/A, it automatically replaced it with all zeros "0"

reptile said:
Thanks leongsce,

Yes makes sense. I will try to have it ready just to be on the safe side besides gathering some supporting documents as well.

@khayat

Not all F1 students have Alien registration numbers. I am on F1 and never filed for OPT and dont have it so i left the corresponding field blank. As far as i know, "A" numbers are not issued for non-immigrant visas unless there is work involved (CPT, EAD, H1B...). If you have one by any chance, i guess it should appear on your most recent I-20.

Btw your nickname seems familiar. Which country in AS are you from?

-- 2011AS16xxx --
Received NL2 and planning to do medicals
Click to expand...
 
Last edited by a moderator:
Hi Khayat,

I checked the DS-230 form i sent to KCC and i filled that field with "N/A". Yes i think it's better not to leave it blank.

But what do you need this for? From your signature, you have already sent the forms to KCC and received NL2. Are you just checking your previous forms or it is asked somewhere else?

Btw how much time did it take you to have all the medicals done?

reptile


-- 2011AS16xxx --
Received NL2 and planning to do medicals
 
You'll need it for I-485 and G-325.

It took me two days! I had my TB done before at school and they only did Syphilis and asked for all of my official immunization records. I picked it up in 2 days after the test. I kept calling different surgeons and you won't believe how different their prices are and what they want and how long they would take... call everybody in your area and inquire everything and go for the cheapest and fastest.
I paid 185$




reptile said:
Hi Khayat,

I checked the DS-230 form i sent to KCC and i filled that field with "N/A". Yes i think it's better not to leave it blank.

But what do you need this for? From your signature, you have already sent the forms to KCC and received NL2. Are you just checking your previous forms or it is asked somewhere else?

Btw how much time did it take you to have all the medicals done?

reptile


-- 2011AS16xxx --
Received NL2 and planning to do medicals
Click to expand...
 
Dear 2011 Winners,

Congratulations!!!!! it is a very exciting time for us!!!
This forum has been very helpful and i ve been reading it as a new religion. Thank you all. Special thanks to Izzy and Khayat.

i ve got a few question. i hope u guys will be able to help.

1/ i read in here that CP will be faster in issuing GC than USCIS and i know the time frame is a very critical point. What do u guys think if I back up and go through the CP? My number is already available tho. but time issue still preoccupies me very much (i met a guy whose case was denied because FBI did not have time to check his background, I am SO doing the backgound check on my own if i do the AOS)

2/ i am here with a J1 visa (had 5 of them so far). It will expire oct 10, 2010. If i go throught AOS, i intend to send my package on oct 1, 2010 accordingly to your advices in this thread. i went twice to the USCIS with info pass to know if i would be or not illegal after my visa expires and my case is pending. they said NO. i would be "protected by the umbrella of the AOS". "i wont be out of status, i will be AOS status". I could get them to put that in writing. has anybody been in a similar situation and can confirm this?

3/ i have not filled in the return taxes forms. My taxes are deductible from my paycheck. Would I been in trouble for my GC? If i understood well, i can retroactivily fill my return taxes form now for the last two years, is is correct? what is the link? I am still a student in my home country. i am in the states as an international student exchange student visitor interning at a company with a J1. if i understood well, i should not address form 8843, is it correct?

4/Even tho i can provide them with the last six months paystub and i have had two jobs in nyc for the last two years, i still plan on addressing the affidavit of support. can my sponsor live in france? If i cant find a sponsor, will letters of support as Izzy recommended, will do the same job?

5/ do you guys know helpful links for filling in the forms I485+EAD+AP?

thank you so much for your help. i wish u all the best of luck!!!!
Cheers
Frenchiechs
 
Your post is very helpful, cause my husband is in the same situation as you are. He is the winner, I am his wife. I am on F1, always have been for the last 4 years, this is his second time on j1, last time he went home on time, this year, he already knew he was a winner, they even told him at the embassy when he applied for a j1 visa. His visa expired on september 11, but at the end of july we already applied for him for a tourist visa for another 6 months till we get all of these done, as we are current in october and plan to send the AOS package on september 30. I am on F1 and I can not leave school during he semester in order to go home to do CP as it would mean missing a lot of classes which would not be such a good idea.
Any thoughts on that
Basically when we will send the AOS package he will still be pending for another visa, which makes him ok, I mean not out of status. And the difference from when his visa expires till when we send the AOS package would be only 20 days.
frenchiechs said:
Dear 2011 Winners,

Congratulations!!!!! it is a very exciting time for us!!!
This forum has been very helpful and i ve been reading it as a new religion. Thank you all. Special thanks to Izzy and Khayat.

i ve got a few question. i hope u guys will be able to help.

1/ i read in here that CP will be faster in issuing GC than USCIS and i know the time frame is a very critical point. What do u guys think if I back up and go through the CP? My number is already available tho. but time issue still preoccupies me very much (i met a guy whose case was denied because FBI did not have time to check his background, I am SO doing the backgound check on my own if i do the AOS)

2/ i am here with a J1 visa (had 5 of them so far). It will expire oct 10, 2010. If i go throught AOS, i intend to send my package on oct 1, 2010 accordingly to your advices in this thread. i went twice to the USCIS with info pass to know if i would be or not illegal after my visa expires and my case is pending. they said NO. i would be "protected by the umbrella of the AOS". "i wont be out of status, i will be AOS status". I could get them to put that in writing. has anybody been in a similar situation and can confirm this?

3/ i have not filled in the return taxes forms. My taxes are deductible from my paycheck. Would I been in trouble for my GC? If i understood well, i can retroactivily fill my return taxes form now for the last two years, is is correct? what is the link? I am still a student in my home country. i am in the states as an international student exchange student visitor interning at a company with a J1. if i understood well, i should not address form 8843, is it correct?

4/Even tho i can provide them with the last six months paystub and i have had two jobs in nyc for the last two years, i still plan on addressing the affidavit of support. can my sponsor live in france? If i cant find a sponsor, will letters of support as Izzy recommended, will do the same job?

5/ do you guys know helpful links for filling in the forms I485+EAD+AP?

thank you so much for your help. i wish u all the best of luck!!!!
Cheers
Frenchiechs
Click to expand...
 
Hi frenchiechs and welcome to the forum and congrats on winning,

here is my thoughts on your question:

1/ for low case numbers, choosing between CP and AOS is a personal choice. For instance I can not leave the country since I am in the middle of my education and I can not do a leave of absence at this point. You on the other hand seem to be done with your stuff so you can leave.
As far as the FBI check goes, CP has the exact same process. no matter where you do it, the application goes through the same process and takes the same time. I personally know a couple who did CP with relatively high case number. the wife's FBI check was cleared in couple of weeks but the husbands took long enough to pass the FY. Doing the background check would not accelerate the process either. They will do it again anyways.
2/ You are right, you need to be legal only when you submit. after you do so you are fine till the end.
3/ sorry I do not know the answer to this. I would go to international office and talk to them. They have workshops for taxes.
4/ I think it affidavit of support needs to be signed by a resident or citizen. However, you can show bank statements from your funds in France. This is what CP people do. This is to worry about around the interview time when they ask for one, but it is good to think about now and plan ahead.
5/ Feel it out and ask the forum your questions.

Cheers and good luck

frenchiechs said:
Dear 2011 Winners,

Congratulations!!!!! it is a very exciting time for us!!!
This forum has been very helpful and i ve been reading it as a new religion. Thank you all. Special thanks to Izzy and Khayat.

i ve got a few question. i hope u guys will be able to help.

1/ i read in here that CP will be faster in issuing GC than USCIS and i know the time frame is a very critical point. What do u guys think if I back up and go through the CP? My number is already available tho. but time issue still preoccupies me very much (i met a guy whose case was denied because FBI did not have time to check his background, I am SO doing the backgound check on my own if i do the AOS)

2/ i am here with a J1 visa (had 5 of them so far). It will expire oct 10, 2010. If i go throught AOS, i intend to send my package on oct 1, 2010 accordingly to your advices in this thread. i went twice to the USCIS with info pass to know if i would be or not illegal after my visa expires and my case is pending. they said NO. i would be "protected by the umbrella of the AOS". "i wont be out of status, i will be AOS status". I could get them to put that in writing. has anybody been in a similar situation and can confirm this?

3/ i have not filled in the return taxes forms. My taxes are deductible from my paycheck. Would I been in trouble for my GC? If i understood well, i can retroactivily fill my return taxes form now for the last two years, is is correct? what is the link? I am still a student in my home country. i am in the states as an international student exchange student visitor interning at a company with a J1. if i understood well, i should not address form 8843, is it correct?

4/Even tho i can provide them with the last six months paystub and i have had two jobs in nyc for the last two years, i still plan on addressing the affidavit of support. can my sponsor live in france? If i cant find a sponsor, will letters of support as Izzy recommended, will do the same job?

5/ do you guys know helpful links for filling in the forms I485+EAD+AP?

thank you so much for your help. i wish u all the best of luck!!!!
Cheers
Frenchiechs
Click to expand...
 
Hi Natta,
Your question and problem is a little further than my knowledge. Here is some personal thoughts:

Are you sure your husband who is the winner can apply for AOS from tourist (B1) visa? Unless he is sending it before a B visa is issued using his expired J visa. Am I right? ( there is a period that you can still be legal after visa is expired)

natta said:
Your post is very helpful, cause my husband is in the same situation as you are. He is the winner, I am his wife. I am on F1, always have been for the last 4 years, this is his second time on j1, last time he went home on time, this year, he already knew he was a winner, they even told him at the embassy when he applied for a j1 visa. His visa expired on september 11, but at the end of july we already applied for him for a tourist visa for another 6 months till we get all of these done, as we are current in october and plan to send the AOS package on september 30. I am on F1 and I can not leave school during he semester in order to go home to do CP as it would mean missing a lot of classes which would not be such a good idea.
Any thoughts on that
Basically when we will send the AOS package he will still be pending for another visa, which makes him ok, I mean not out of status. And the difference from when his visa expires till when we send the AOS package would be only 20 days.
Click to expand...
 
We applied just in case. But we are current in october, and issuing a turist visa will take 2.5 months, so basically if he is issued on, this would be only to the end of october, but till then we will already have sent the AOS package. His visa expired on September 11, 2010, so 2 days ago, which leaves 19 days till we send the package.

khayat said:
Hi Natta,
Your question and problem is a little further than my knowledge. Here is some personal thoughts:

Are you sure your husband who is the winner can apply for AOS from tourist (B1) visa? Unless he is sending it before a B visa is issued using his expired J visa. Am I right? ( there is a period that you can still be legal after visa is expired)
Click to expand...
 
Natta, do you have a firm answer as to how long the graceperiod is for J1?
are you sure u are not overstaying the visa and by the time you file Oct 1 be considered out of status?
I will have equal borderline timing later this year so would love to hear how you all decide between CP and AOS with expiring visas.
 
natta said:
We applied just in case. But we are current in october, and issuing a turist visa will take 2.5 months, so basically if he is issued on, this would be only to the end of october, but till then we will already have sent the AOS package. His visa expired on September 11, 2010, so 2 days ago, which leaves 19 days till we send the package.
Click to expand...

natta,
i think your husband may be in a tricky situation. as far as uscis is concerned he is out of status now. in all cases of visa renewals or applications they always encourage you to apply weeks before your current visa expires so that you will remain in status. his unlawful presence will not accrue only if he was in status before he submits his aos package and uscis accepts it. what he's doing is a risk.

and as what khayat said ... not sure you can adjust status on a tourist visa. it's mentioned in the aos package detailed instructions.

since you are so close to getting it ... why don't you at least call a few lawyers to check your options. you don't have to hire them right away but get some idea on how you should proceed.


in almost all cases of applicants in this forum, our passports were checked for visa status. they even checked old passports to ensure that we have kept legal status throughout.
 
Dear khayat, thanks so much for yr answer. your comments have been very helpful. I am gunna go through AOS, provide many letters of support and prove of financial fund in france. i wont do affidavit of support. I see it does not seem to be necesarry at all. I am not in school, i cant go to an international office for taxes workshop. thank u for clarification on the FBI 's process.

Natta, i called again the USCIS to ask the same questions for a hundred times. if ur husband visa expires during the case is pending, yOU ARE FINE. You are PROTECTED BY THE UMBRELLA OF THE AOS.

When i saw the checklist at teh beginning of the thread, i start caring about W2 and tax return forms. But when i go on the USCIS AOS link, i dont see anything that says i have to provide them with it. It seems to be mandatory only for people who are getting their greencard through employment sponsorship. AM I UNDERSTANDING RIGHT?

Can someone who knows abt it, can reply to this: have not filled in the return taxes forms. My taxes are deductible from my paycheck. Would I been in trouble for my GC? If i understood well, i can retroactivily fill my return taxes form now for the last two years, is is correct? what is the link? I am still a student in my home country. i am in the states as an international student exchange student visitor interning at a company with a J1. if i understood well, i should not address form 8843, is it correct? Izzy , i hope \you ll see my post. Please, if u can, help me abt retroactively process.

thank you so much
best of luck
Frenhciechs
 
frenchiechs said:
When i saw the checklist at teh beginning of the thread, i start caring about W2 and tax return forms. But when i go on the USCIS AOS link, i dont see anything that says i have to provide them with it. It seems to be mandatory only for people who are getting their greencard through employment sponsorship. AM I UNDERSTANDING RIGHT?
Click to expand...
Yes and no. The list of documents in that post is just an example that somebody used. Not all those documents apply to everyone. Always read for yourself the instructions for form i485.
You have to prove to the IO that you are not going to be a public charge after you get your GC. For this, you can use bank statements, employment letter + pay stubs, tax returns, affidavit of support, or a combination of them.

Can someone who knows abt it, can reply to this: have not filled in the return taxes forms. My taxes are deductible from my paycheck. Would I been in trouble for my GC? If i understood well, i can retroactivily fill my return taxes form now for the last two years, is is correct? what is the link? I am still a student in my home country. i am in the states as an international student exchange student visitor interning at a company with a J1. if i understood well, i should not address form 8843, is it correct? Izzy , i hope \you ll see my post. Please, if u can, help me abt retroactively process.

thank you so much
best of luck
Frenhciechs
Click to expand...
I do not know if you will be in trouble with the GC, but if you had any income and you received a W2 or a 1099 form, you should have filed taxes. US has treaties with many countries, including France, to avoid double taxation. The treaty may also specify where taxes should be paid, depending on the type of income, and country where the income was earned. See here for France: http://www.irs.gov/pub/irs-trty/france.pdf
Did you pay any taxes for this income in your home country?

Anyway, since your employer withheld taxes for you, I think you should have filed your taxes. You might have even gotten some money back. I think you could get a better opinion from other colleagues who are in the same situation as you. Are there other interns at that company that you can ask?
In general, if you received a W2, you should have filed taxes, as far as I know.
 
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