DV 2014 AOS Only

[c1984]

DV 2014AS000016xx, AOS, I485 received by USCIS, and email back saying,

Your case has been accepted and routed to the USCIS National Benefits Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt number ...

NBC is holding lots of cases now, how long it will take if my case went there? ..... some DV AOS cases has not processed by NBC, whats the difference is??

I am worried if it wont finish by May, 2014 because I have to again apply for EAD card at that time, extending for next year as STEM student,

thanks

Every case will be send to NBC. They schedule the Biometrics. Read "NBC_LOCKBOX_FO" in the following to learn more about the process.

https://docs.google.com/spreadsheet/ccc?key=0AozhLxh12qzYdDU3WkxHaFFtdVI4Y01oTFc3ZnZlb1E#gid=3

You will almost certainly have you GC in hand before May 2014. Don't worry.

BTW, please share your case information here:

https://docs.google.com/spreadsheet/ccc?key=0AqV9QL_-yUzJdDdvdFREMkNDeFNDVzFzblo2bkFYclE#gid=0

 

[Sm1smom]

Hi,

I am in H4 and a DV selectee, current in December as per latest Visa Bulletin. We are doing AOS and consolidating all the documents for Lockbox.

* Do I need to get an Affidavit of Support from my husband who is on H1B.
* I sent the DV fee 2 weeks ago, how long does it usually takes to get receipt back ?

Thanks and good luck to all who are busy with process and interviews etc.

Yes, you spouse can fill out an affidavit of support for you, however, I doubt you will need to show it, but just have it as a back up. DV receipt could take anywhere between 2-4 weeks.

 

[Sm1smom]

I am a 2014 DV selectee. My number is already current (October 1st, 2013). I send the form DSP-122 to KCC on October 11th, 2013 and have not received the confirmation yet. My questions are:
1). How long does it take to get the confirmation from KCC?
2). How does KCC send the confirmation?
3). Do we need the receipt from KCC to file I-485?

1. Could take 2-3 months, no specific time frame.
2. Via email
3. Payment receipt (which is different from the confirmation email from KCC) is required to be filed with the I-485.

 

[svaday]

Thank you for you response.

I have mailed my and my wife's DV fee last week. They have already received the cheque. I hope they will send me the receipt this week.

In case of DSP-122 how will they know my email address? There was no email option in the form.

1) Depends on how busy they are. Usually a few weeks.

2) You will receive an e-mail with two pdf attachments (if you have made the DV payment, possibly only one pdf).

3) You don't need the KCC AOS confirmation e-mail for your i-485 package. Do not hold you package for that. But you will need to take it to your interview.

BTW, the receipt of the DV payment fee ($330 per person) is required for the i-485 package.

 

[c1984]

Thank you for you response.

I have mailed my and my wife's DV fee last week. They have already received the cheque. I hope they will send me the receipt this week.

In case of DSP-122 how will they know my email address? There was no email option in the form.

The e-mail address you provided when entering the lottery.

 

[svaday]

I am a DV selecteed for 2014 and currently in H1B status. My questions are when submitting the I-485 form do I have to send the copies of all the:
1). I20s (I have six I20s for 3 colleges)
2). W2 forms (W2 forms starting form 2006 through 2012)
3). Certificates and Marksheets for class 10, 11&12, Bachelor Degreee and Masters' Degree
4). Employment letters for four different places (1 back home, 1 at college, 1 unpaid job in USA during my OPT , 1 H1b job)

Also, while filing I-485 do I and my wife have to send the two different packages or one package (containing the forms and documents for two) is ok.

Please let me know.
Thank you

 

[c1984]

I am a DV selecteed for 2014 and currently in H1B status. My questions are when submitting the I-485 form do I have to send the copies of all the:
1). I20s (I have six I20s for 3 colleges)
2). W2 forms (W2 forms starting form 2006 through 2012)
3). Certificates and Marksheets for class 10, 11&12, Bachelor Degreee and Masters' Degree
4). Employment letters for four different places (1 back home, 1 at college, 1 unpaid job in USA during my OPT , 1 H1b job)

Also, while filing I-485 do I and my wife have to send the two different packages or one package (containing the forms and documents for two) is ok.

Please let me know.
Thank you

This link should answer most of your questions:

https://docs.google.com/spreadsheet/ccc?key=0AozhLxh12qzYdDU3WkxHaFFtdVI4Y01oTFc3ZnZlb1E#gid=1

Put the two packages into a single envelope. An employment letter from your current employer suffices. Include pay stubs of the past 6 months.

BTW, please take a moment to update your case info in the following:

https://docs.google.com/spreadsheet/ccc?key=0AqV9QL_-yUzJdDdvdFREMkNDeFNDVzFzblo2bkFYclE#gid=0

Thanks!

 

[Hexa]

I am a DV selecteed for 2014 and currently in H1B status. My questions are when submitting the I-485 form do I have to send the copies of all the:
1). I20s (I have six I20s for 3 colleges)
2). W2 forms (W2 forms starting form 2006 through 2012)
3). Certificates and Marksheets for class 10, 11&12, Bachelor Degreee and Masters' Degree
4). Employment letters for four different places (1 back home, 1 at college, 1 unpaid job in USA during my OPT , 1 H1b job)

Also, while filing I-485 do I and my wife have to send the two different packages or one package (containing the forms and documents for two) is ok.

Please let me know.
Thank you

1. Copies of all I-20s and I-797s, showing you have always remained in status. Bring the original to the interview.
2. No need to include W2 in the packet, but bring them to the interview.
3. Copies of transcripts for class 12 of your English program, Bachelor's diploma, and Master's diploma. Bring all the original to the interview.
4. You only need employment letter from the last (current) employer showing you're still employed and the salary received. Send the original, but keep a copy and bring it with you. If possible make another employment letter a day or two before the interview, showing that you are indeed still employed at the day of the interview. If that's not possible, just bring several of your most recent paystubs.

You need to organize the applications into two separate bundles of documents, one for you and one for your wife. You can separate them by clips, fasteners, even envelopes. However, make sure you send them together in a single mailing envelope.
http://1.usa.gov/19ClaXT
http://1.usa.gov/HdRBDj

 

[sergetop]

Laid off when doing AOS

Hi all,

My wife in H4 and a DV selectee, her number was current in October. We are doing AOS and had already Biometric letters but suddenly I was informed that I will be laid off in two weeks. So, with very high probability we will have the interview in status "I-485 pending". What are we supposed to do in this situation?

Thanks and good luck to all.

 

[Hexa]

Hi all,

My wife in H4 and a DV selectee, her number was current in October. We are doing AOS and had already Biometric letters but suddenly I was informed that I will be laid off in two weeks. So, with very high probability we will have the interview in status "I-485 pending". What are we supposed to do in this situation?

Thanks and good luck to all.

In my opinion the safest thing to do is to withdraw your AOS and do consular processing in your home country, as H-1B has no 'grace period'. The day you are laid off is the day you are out of status, as well as your wife. If you submitted employment verification letter and/or paystubs with your AOS package, your immigration officer might not ask you to prove you're in status. But, if he does, then you will be denied. If you lie about your being laid off and they find out, they can deny your GC application and bar you forever for lying under oath.

 

[Maximi]

Hello everybody!
My CN becomes current on December, I have some questions regarding to AOS package:
1. Can I send my package on November 1 according to a new memo? Should I attach this memo? (Just to make sure)
2. Do I have to attach a "Cover letter" indicating forms submitted, case number? What else should I write on it if Cover Letter is required?
Thank you, guys, in advance!

 

[sergetop]

In my opinion the safest thing to do is to withdraw your AOS and do consular processing in your home country, as H-1B has no 'grace period'. The day you are laid off is the day you are out of status, as well as your wife. If you submitted employment verification letter and/or paystubs with your AOS package, your immigration officer might not ask you to prove you're in status. But, if he does, then you will be denied. If you lie about your being laid off and they find out, they can deny your GC application and bar you forever for lying under oath.

Thanks Hexa. Why do you think we will be not in status? As I said, we are already submitted AOS and have biometric appointment. So, we will have "AOS pending" status after my former employer revoke my H1B and I am going to use EAD as fast as I get it from USCIS. My question was not about status - I will be in status, again - but what I need to do to proof IO that I am not going to get welfare or anything like that. Of course, I will try to get new job using EAD but if the interview is earlier then I get EAD, force me to find out the right answer.

 

[Birahi_kancha]

Yes, you spouse can fill out an affidavit of support for you, however, I doubt you will need to show it, but just have it as a back up. DV receipt could take anywhere between 2-4 weeks.

Hi Sm1smom. I have similar situation. My wife is DV selectee who is on F2. I am a graduate student on F-1 and I have a job but yearly income is less than poverty line.
1. Do we both need I-134 or only she needs that?
2. If we arrange I-134 for her, I can show my income which is about 16K/year and skip I-134 for me? Or do I also need a separate I-134? Please advise.
Thanks a lot as always.

 

[c1984]

Thanks Hexa. Why do you think we will be not in status? As I said, we are already submitted AOS and have biometric appointment. So, we will have "AOS pending" status after my former employer revoke my H1B and I am going to use EAD as fast as I get it from USCIS. My question was not about status - I will be in status, again - but what I need to do to proof IO that I am not going to get welfare or anything like that. Of course, I will try to get new job using EAD but if the interview is earlier then I get EAD, force me to find out the right answer.

I agree with you that what is important is to be in status when your i-485 is accepted, which you were.

Do you have significant savings or 401K? You might want consider finding a sponsor just to be on the safe side, which shouldn't be too much of a hassle considering you are in the US and possibly have a decent network of acquaintances.

 

[c1984]

Hello everybody!
My CN becomes current on December, I have some questions regarding to AOS package:
1. Can I send my package on November 1 according to a new memo? Should I attach this memo? (Just to make sure)
2. Do I have to attach a "Cover letter" indicating forms submitted, case number? What else should I write on it if Cover Letter is required?
Thank you, guys, in advance!

I think you can file the moment the visa bulletin showing you will be current is released, which in your case was around Oct 12th or so.

So, in my estimation, you can go ahead and send in your i-485 package.

A "cover letter" is not required, but is a good idea to have, especially since you are going to file early.

 

[c1984]

Hi Sm1smom. I have similar situation. My wife is DV selectee who is on F2. I am a graduate student on F-1 and I have a job but yearly income is less than poverty line.
1. Do we both need I-134 or only she needs that?
2. If we arrange I-134 for her, I can show my income which is about 16K/year and skip I-134 for me? Or do I also need a separate I-134? Please advise.
Thanks a lot as always.

I-134 is needed only for the main applicant, which would be your wife.

It's nice to have your employment history to further support that you (as a couple) will not be public charge.

 

[Birahi_kancha]

I-134 is needed only for the main applicant, which would be your wife.

It's nice to have your employment history to further support that you (as a couple) will not be public charge.

Thanks a lot c1984 for the quick reply.

 

[Hexa]

Thanks Hexa. Why do you think we will be not in status? As I said, we are already submitted AOS and have biometric appointment. So, we will have "AOS pending" status after my former employer revoke my H1B and I am going to use EAD as fast as I get it from USCIS. My question was not about status - I will be in status, again - but what I need to do to proof IO that I am not going to get welfare or anything like that. Of course, I will try to get new job using EAD but if the interview is earlier then I get EAD, force me to find out the right answer.

You are right. As the I-485 has been accepted your stay is lawful.

As far as proving that you won't be a public charge:
1. Bank statement showing enough money to support a year of living cost above poverty level (around $20,000) should be good enough.
2. Past tax returns are a good indicator of the kind of income you can generate, when you finally get a job again.
3. If somebody is willing to file I-134 for you and your wife, it would be great.
4. Show your and your wife's highest diplomas, as the higher your level of education the higher your potential income.

The IO is supposed to consider the totality of your circumstances to decide whether or not you're going to be a public charge. This means a young man who just got out of a foreign high school with little command of English but with $20,000 in his bank statement is not necessarily a slam dunk case, because the money could be borrowed. An unemployed PhD in engineering from a U.S. university is a more convincing case even though he doesn't have much money.

 

[monh]

Does 90 days period before sending I-485 should be considered in case of I-20 extension?

No answer yet for this question

Hi,

My I-20 is going to expired on may 2014, and I am expecting to graduate in Dec 2014. I already had payed DV fees ($330). I might not be current before May 2014. Is there any problem with extending I-20 even after paying DV fees?
Since I had read about 90 days period, is it need to be considered in this case too?

Thank you

 

[Sm1smom]

Hi all,

My wife in H4 and a DV selectee, her number was current in October. We are doing AOS and had already Biometric letters but suddenly I was informed that I will be laid off in two weeks. So, with very high probability we will have the interview in status "I-485 pending". What are we supposed to do in this situation?

Thanks and good luck to all.

If you or your haven't succeeded in getting a new job as at the time of your interview, I suggest you put together a spreadsheet of your combined savings and asset which hopefully is above the poverty level for 2 people and take that along to your interview. Of course you will also need to bring along documents in support of the items you're be listing on the spreadsheet as the IO is most likely not going to simply take your words for it. If asked about your this job that you're about to be laid off from, simply be truthful and explain the situation to the IO. I don't know how long you've been in the US on H visa, but that is likely to count in your favor too if you've been here for a while.

The truth is I doubt a major issue is going to be made about your being laid off just before the interview. If you can get someone else to fill out an affidavit of support, go ahead and get it (assuming your total asset is below the poverty level). Lots of F1 students (under grads for that matter) have successfully adjusted status with little or no income to show at the time of the interview. The most important thing is the potential to earn an income in the US and you've been able to prove that already with your H1 visa. Make sure all your documents are in order at the time of the interview.

Good luck!