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DV 2011 AOS Only

Saajin,

Seems like you are on the right track brother. Just relax, send your forms on time. Remember to keep all of your other immigration options open. They usually won't call you and you can provide your US address and when your interview appointment is up they will send the letter to your US address 8 weeks before your appointment to your US address and then you can fly back there and get your visa.


Hey Izzy120,
I called in to KCC this morning inorder to ask the procedure to change my processing from AOS to CP.The lady who was answering my call told me that I have to turn in DSP 122 again as soon as possible.She only asked me to mention my Name ,Case number and DOB.She told me that I would be receiving my NL2 on the very address I will be providing in that form if my case number becomes Current.That means ,if i put my current address in USA ,i will be able to receive my letter over here and fly back.I asked her whether I would be receiving any phone call about my interview date.She said "No" but i believe its a matter of that time .I will mention my phone number in that form where it says its optional,so may be i can expect a call too.You never know in that case.
So what do you suggest Izzy.
Since my case number is such a high number by now i think CP would be better for me and i can fly back ,if i have to for being on the safe side.Man I can tell you,how good I felt by knowing that.But all the credit goes to this forum and person like you who are ready to help.
Still I need your suggestions guys,please feel free to review my thought and comment.Thank you.
 
Khayat

Hey fren Khayat...
Thanks a bunch buddy.I hope I am headin towards the right track.Still will take some time but from whateva aspect I see this ,looks like CP is better for me.Still let's do some more research and I will make my decision.Keep posting my fren.Thanks
 
Saajin,

I really can't tell you for sure what route you should go, since I don't have the first-hand experience with either one. I just saw on 2010 thread that maila got approved and he says the process was much easier. You have weigh the pros and cons for both processes before you make the decision.

Hey Izzy120,
I called in to KCC this morning inorder to ask the procedure to change my processing from AOS to CP.The lady who was answering my call told me that I have to turn in DSP 122 again as soon as possible.She only asked me to mention my Name ,Case number and DOB.She told me that I would be receiving my NL2 on the very address I will be providing in that form if my case number becomes Current.That means ,if i put my current address in USA ,i will be able to receive my letter over here and fly back.I asked her whether I would be receiving any phone call about my interview date.She said "No" but i believe its a matter of that time .I will mention my phone number in that form where it says its optional,so may be i can expect a call too.You never know in that case.
So what do you suggest Izzy.
Since my case number is such a high number by now i think CP would be better for me and i can fly back ,if i have to for being on the safe side.Man I can tell you,how good I felt by knowing that.But all the credit goes to this forum and person like you who are ready to help.
Still I need your suggestions guys,please feel free to review my thought and comment.Thank you.
 
Thank you very much Izzy!
I will do so.
Hi sica,

It looks fine. But just some suggestions:

Address it to:
Attn: Adjudicating Officer
I-485 Application to Adjust Status
U. S. Citizenship and Immigration Services

as the actual processing of your case will take place in NBC.

Also, replace the in reference to with:
RE: Verification of Employment for <EMPLOYEE NAME>

since the letter is about your employment verification.

Good Luck!
 
Guys,

I have a question about affidavit of support. it is written that the sponsor must have an income of %125 of the poverty line. now the question is that if I am earning this amount of money per year, do I still need someone to support me financially?

thanks
 
Frenchiechs,

You don’t have to turn in your I-94 upon exit and get a new I-94 upon re-entry if you are traveling (for less than 30 days) to Canada, Mexico and the adjacent islands of the Caribbean (including the Bahamas). Even if you do, and you are given a new one, then you are fine. Some people turn it in thinking it is necessary. But you have to be careful when handing over your I-94, before you do, always ask if you will be given a new one upon your return.

You could include the pages with “entry stamps” into US with your AoS package, that way you are good to go...

Dear Izzy,

Thank you so much for helping. It is a great thing to know.
 
Guys,

I have a question about affidavit of support. it is written that the sponsor must have an income of %125 of the poverty line. now the question is that if I am earning this amount of money per year, do I still need someone to support me financially?

thanks


Js7,

I copied and pasted a post below from Izzy responding to Tuscan y on that matter. I hope it will help.


from Izzy:

Generally they do not ask for Affidavit of support with I-485, but every individual must satisfy the IO that they will not become a public charge on the US Government (See DV instructions). You can refer to Poverty Guidelines (this guide is solely used for I-864 as Affidavit of Support to prove that you/your sponsor has income of at least 125% above Poverty Guidelines). But you can still use this as a guide to see if you need a I-864 and in case they think you will become a public charge and ask for I-864.

However, for DV, I-134 is used and NOT I-864 but it will finally depend on IO's preferences (s/he may ask specifically for I-864 IF NEEDED). USCIS will notify you if you need one (Interview Appointment letter)...or you may just have it during the interview and provide only if asked.

At one point or another, you will have to convince the IO that you will not become a public charge through your capacity of earning to support yourself/family (either through educational qualification or through employment history) or by way of submitting Affidavit of Support (see my note below).

"The relatively low DV criteria—a high school diploma or two years of experience in a job requiring two years of training, education or experience—does not automatically satisfy the public charge requirement. Documentation to overcome the public charge issue is required in addition to the evidence of education and experience. As in any case, to determine public charge, the [immigration service] applies a totality of the circumstances approach which includes whether the alien has received public assistance, his or her age, capacity to earn a living, health, family, situation, work history, affidavits of support and physical and mental condition."

Bottom line, if you have proper educational background, job experiences, etc., you do not have to worry about it...

Many 2010 winners who were on F1 (with no solid employment) were never asked for Affidavit of Support while many who had good full-time jobs (above poverty guidelines) were asked to submit one...and for some who got one, the IO never bothered to see it during interview...so it all depends, the only thing is to be prepared to ease your AOS process as much as you can.

Poverty Guidelines:
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

DV Instructions:
http://www.travel.state.gov/pdf/DV-2011instructions.pdf

See page 12/16 no. 32 (this also applies to those doing AOS)
 
Dear Winners,

I am on a J1 visa (exchange visitor). I am single and have no kids. My current visa will expire on October 10, 2010. So I am applying for EAD, I-765 along with my AOS package.
In the instructions, I see J2 category but no J1. Since i am applying for AOS and my case will be pending, I guess my response to item #16 should be: (c) (9). Please, could any expert confirm this is the right answer? if i do put (c) (9), that means that the last parenthesis on the form will be blank. Should I write n/a in that last parentesis?

Thank you in advance for your help
Best of Luck
frenchiechs
 
hi Guys,

Regarding form I-131, item # 3 "class of admission", Does anybody know what should I write for this?
thank you for your answers
 
I am in the similar situation, because I entered US last time driving from Niagara falls Canada.

Does it mean that in the I-485 I need to indicate Niagara Falls as last place of entry, or New York JFK when i got I-94?

Thank you

Frenchiechs,

You don’t have to turn in your I-94 upon exit and get a new I-94 upon re-entry if you are traveling (for less than 30 days) to Canada, Mexico and the adjacent islands of the Caribbean (including the Bahamas). Even if you do, and you are given a new one, then you are fine. Some people turn it in thinking it is necessary. But you have to be careful when handing over your I-94, before you do, always ask if you will be given a new one upon your return.

You could include the pages with “entry stamps” into US with your AoS package, that way you are good to go...
 
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Hi Lisa,

I entered Niagara Falls, NY for the place of last entry on I485. I will make a copy of the stamp I got in my passeport: "admitted on July 4, 2010".
I don't know if i am of good advise or not. but that's what makes to me.
 
I don't even have a stamp.

Officer asked me if i was a citizen, while I was giving her red Russian passport:)

She looked at a visa and said that i could go. Thats' all

So now I am confused and most likely I will put New York, NY

Hi Lisa,

I entered Niagara Falls, NY for the place of last entry on I485. I will make a copy of the stamp I got in my passeport: "admitted on July 4, 2010".
I don't know if i am of good advise or not. but that's what makes to me.
 
If u don't have a stamp, then I would put New York. But i am not sure, wait for the experts' advice. i think Khayat or Izzy mentioned a few times that we should not lie at all.
 
@ frenchiechs,

thanks a lot for the information. couple of things; 1. I did not get your last statement "See page 12/16 no. 32". which reference are you referring to? 2. based on what I understood, if they do not ask for Aff of support in the "Interview Appointment letter", then you may not need to bring any. is that true? and 3. the difference between I-134 and I-864?
 
Lisa,

Few questions:

1. Were you in Canada for less than 30 days?
2. Did you hand over your I-94 upon exit? Was a new I-94 issued upon re-entry? Was there any kind of entry made on your I-94? I know you said there was no passport stamping...
3. Do you remember the CBP officer putting any kind of information into the system or was it just a mere glance at your passport before s/he let you go?
4. Did the Canadians stamp your passport upon entry into Canada?

I don't even have a stamp.

Officer asked me if i was a citizen, while I was giving her red Russian passport:)

She looked at a visa and said that i could go. Thats' all

So now I am confused and most likely I will put New York, NY
 
Js7,

The DV instructions say, "...If you are selected to apply for a DV, you will be required to provide evidence that you will not become a public charge in the United States... This evidence may be in the form of a combination of your personal assets, an Affidavit of Support (Form I-134) from a relative or friend residing in the United States, and/or an offer of employment from an employer in the United States." The burden of proof to overcome public charge also applies to AoS adjustees.

It is always good to have extra documentation for your interview (whether or not they ask you for them during interview, many have usually received generic format of interview letters, some were asked to provide affidavit of support, some were not, so you never know).

The difference between the two forms have been discussed in this thread and in 2010 AOS thread at length. Read the instructions and forms:

I-134: http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I-864: http://www.uscis.gov/portal/site/us...nnel=dd346d26d17df110VgnVCM1000004718190aRCRD

Also, see immihelp.com, there's ton of information there.

@ frenchiechs,

thanks a lot for the information. couple of things; 1. I did not get your last statement "See page 12/16 no. 32". which reference are you referring to? 2. based on what I understood, if they do not ask for Aff of support in the "Interview Appointment letter", then you may not need to bring any. is that true? and 3. the difference between I-134 and I-864?
 
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Frenchiechs,

It would be the type of visa/status (J-1, F-1, etc.) on which you last entered the US. Have you changed your non-immigrant status to a different one since then?


hi Guys,

Regarding form I-131, item # 3 "class of admission", Does anybody know what should I write for this?
thank you for your answers
 
It is really important not to lie. Especially for critical things. but it is also very important not to confuse them with too much unnecessary information. Do not add any information/document unless you are sure it has a benefit.

If u don't have a stamp, then I would put New York. But i am not sure, wait for the experts' advice. i think Khayat or Izzy mentioned a few times that we should not lie at all.
 
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