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DV 2014 AOS Only

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Birahi_kancha said:
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.
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1. Only one I-134 is required, it is assumed the sponsor is providing it for the main applicant and all of his/her derivates. So you don't need a separate one.

2. Evidence of your own income will be an additional boost to the application
 
Maximi said:
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!
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1. You can give it a shot now since the Nov VB is out with the advance notification section showing you will be current in December. Yes, attach the memo to the - make it the 1st item in the package and highlight the section that indicates I-485 applications should be accepted using the advance noticiation section of the VB. Be aware though, regardless of the new memo or it, it could still be rejected for early filing and you might have to send it again.

2. IMO, the cover letter is pointless - but if it makes you feel better, you can attach it.
 
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Hexa said:
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.
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Very structured answer Hexa, appreciate your quick move! I think, I can show around 20K on my accounts and, perhaps, I can find the sponsor as well. The question is - can be this sponsor non-American one, say, Canadian, or he has to be strictly US permanent resident? As for Diplomas, we are both MS, so, I guess, no problems from this side. :)
 
Hi guys,

Today I had the ugly surprise of getting my I-485 application back. The worse part is that I don't understand why. Here are the data of the problem:

1) On the first page (an I-797C form) it says that "Based on the information you provided your priority date could not be established". This very strange since my case number is 2014EU00005***.

2) On the page that I guess is the M-180 form, it says that the reason for rejection is that "the application was received either prior to the beginning, or subsequent to the end of the fiscal year...".

3) On the M-180 form there are two sentences written in bold saying

a) "You must include a copy of the Visa Center Congratulation Notice... "

b) "The dates on your letter from KCC may not be correct. Please contact them for verification."

All this seems very bizarre to me, I included in my application everything listed in the AOS file uploaded here.

My question is what to do next, and how to resubmit? (especially which documents to reprint, forms, check, etc).
 
Your package was probably processed by an over-zealous agent with little or no understanding of the DV AOS process. Give USCIS a call tomorrow and request for an explanation of why your package was sent. This statement: "You must include a copy of the Visa Center Congratulation Notice... " has absolutely nothing to do with AOS.

You don't have to fill out a new set of forms, you can send back the same set following your call to USCIS.
 
Thanks for the answer Sm1smom. Do you think I should call KCC first and verify the case number? I was thinking that on some computer file they have my case number might be entered in a wrong way.

On the right side of the forms they have entered some numbers and someone has crossed all these out. Should I print orint the forms again because of this issue?

I was thinking to resubmit the green paper they have sent me plus a new set of forms + the two letters from KCC.

Sm1smom said:
Your package was probably processed by an over-zealous agent with little or no understanding of the DV AOS process. Give USCIS a call tomorrow and request for an explanation of why your package was sent. This statement: "You must include a copy of the Visa Center Congratulation Notice... " has absolutely nothing to do with AOS.

You don't have to fill out a new set of forms, you can send back the same set following your call to USCIS.
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GZX said:
Thanks for the answer Sm1smom. Do you think I should call KCC first and verify the case number? I was thinking that on some computer file they have my case number might be entered in a wrong way.
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You could also do that - actually, yes you should - but I highly doubt KCC has your number wrongly entered. The agents who receive your package at the LockBox or NBC have no access to your file from KCC, so I do not know how they can tell that the number from KCC is wrong
 
Sm1smom said:
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!
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Cool, thx Sm1smom, you are so detailed as usual :)
 
Sm1smom said:
1. You can give it a shot now since the Nov VB is out with the advance notification section showing you will be current in December. Yes, attach the memo to the - make it the 1st item in the package and highlight the section that indicates I-485 applications should be accepted using the advance noticiation section of the VB. Be aware though, regardless of the new memo or it, it could still be rejected for early filing and you might have to send it again.

2. IMO, the cover letter is pointless - but if it makes you feel better, you can attach it.
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Thanks for your response, Sm1smom!!
 
sergetop said:
Very structured answer Hexa, appreciate your quick move! I think, I can show around 20K on my accounts and, perhaps, I can find the sponsor as well. The question is - can be this sponsor non-American one, say, Canadian, or he has to be strictly US permanent resident? As for Diplomas, we are both MS, so, I guess, no problems from this side. :)
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Having about 20K alone should be enough to put you through, in my opinion. The fact that you speak good enough English to be sponsored on H-1B and have a master's degree alone should be enough to clinch the deal. With the two combined I don't see a problem even when you're unemployed at the time of the interview. You can get a financial sponsor just for additional peace of mind, but honestly I don't think it's necessary in your case.

The sponsor can be anybody, but he/she has to reside in USA. This is because in theory the gov't can sue the sponsor if you happen to use public support later on. The instruction to the form I-134 has the detail.

Really, having that 20K alone is good enough. At the consulates they give DV visa to a high school graduate from some random country who can barely speak English and obviously got no job in USA when he only has several thousand dollars.
 
stretchedicaopti

Sm1smom said:
Does 90 days period before sending I-485 should be considered in case of I-20 extension?



My suggestion would be yes it should.
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Thank you for answering.
But based on your answer I don't know what should I do. DV fees ($330) alredy paid, and the I-20 is going to expire May 2014. To extend I-20 I have to register for the following semester. The registration starts on March 31, 2014. So If I extend the I-20 on April 1, 2014. This means that I need to submit I-485 after July 1, 2014. But since CN is AS9XXX. It might not be current before May 2014, and if it get current on July, I will not be able to send early it based on the new memo.
Any suggestions?
 
robing9 said:
Hi

This is a rough calculation I did and is based on DV-2012 result. Simple extrapolation with this years winner Number of 125000.

Africa 50% 62500 25000
Europe 30.98% 38725 15490
Asia 15% 18750 7500
S & C America 2% 2500 1000
Oceania 2% 2500 1000
NA 0.02% 25 10



For example in AS the 2012 win % was 15 for winning GC. Out of 125000, 15% is 18750 and out of 50000, 15% is 7500.

That is total 7500 visa is won by Asians in 2012 but if same selection is adjusted for the Lottery winners. So CN Number near 7500 has a good chance (depending if 15% is still the winning percentage).

Any thing higher than 10000 can be considered unlucky and 20000 and above (Me in this) are basically in the bottom pile.

But if most of the people in Aisa got rejected (2012 issue Bangladesh rejection/Fraud rate was 97%),There is a chance.

For other regions. You can cheer up as total 125000 people are selected. and AS has 23000 (as per 15% 18750 is the highest) in it that means that your number have high chance of winning.

Mine is a very rough crude calculation. Any thoughts please let me know

Regards
Robin
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Not entirely sure what you are trying to show there - but there are a couple of things wrong with your idea. Firstly 2012 is not a good year to base any calculations on because of the redraw/lawsuit fiasco.

Second there are 140,000 selectees this year.
 
Incorrect Preference Classification on Receipt Notice

We are a DV 2014 selectee and filed all our papers on Oct 1st for AOS. We received the receipt notice finally for all the forms we submitted with AOS package.

In my wife’s 485 receipt, they have listed Preference Classification as ‘Employment Based 3rd’ and her EB3 priority date. We specifically called out that the application is DV Lottery based. My wife does have an approved I140 from employer with EB3 and priority date which may not be current for another year or two. We called them about the error they made but couldn’t get a clarification. We sent them an overnight letter as well last night.

We are afraid that she may get denied and we will have to pay again and file again. Has this happened to anyone before? Did they fix the error? Is there anything else we need to do to make sure they correct it?

Thank you!
 
monh said:
Thank you for answering.
But based on your answer I don't know what should I do. DV fees ($330) alredy paid, and the I-20 is going to expire May 2014. To extend I-20 I have to register for the following semester. The registration starts on March 31, 2014. So If I extend the I-20 on April 1, 2014. This means that I need to submit I-485 after July 1, 2014. But since CN is AS9XXX. It might not be current before May 2014, and if it get current on July, I will not be able to send early it based on the new memo.
Any suggestions?
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Tough situation to be in. You rushed a bit in paying the DV fee.

Is CP out of the question? (I think you will lose the $330 per person if you decide to do CP)
 
faith2014 said:
We are a DV 2014 selectee and filed all our papers on Oct 1st for AOS. We received the receipt notice finally for all the forms we submitted with AOS package.

In my wife’s 485 receipt, they have listed Preference Classification as ‘Employment Based 3rd’ and her EB3 priority date. We specifically called out that the application is DV Lottery based. My wife does have an approved I140 from employer with EB3 and priority date which may not be current for another year or two. We called them about the error they made but couldn’t get a clarification. We sent them an overnight letter as well last night.

We are afraid that she may get denied and we will have to pay again and file again. Has this happened to anyone before? Did they fix the error? Is there anything else we need to do to make sure they correct it?

Thank you!
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How did each of you fill out Part 2 in i-485?
 
faith2014 said:
We are a DV 2014 selectee and filed all our papers on Oct 1st for AOS. We received the receipt notice finally for all the forms we submitted with AOS package.

In my wife’s 485 receipt, they have listed Preference Classification as ‘Employment Based 3rd’ and her EB3 priority date. We specifically called out that the application is DV Lottery based. My wife does have an approved I140 from employer with EB3 and priority date which may not be current for another year or two. We called them about the error they made but couldn’t get a clarification. We sent them an overnight letter as well last night.

We are afraid that she may get denied and we will have to pay again and file again. Has this happened to anyone before? Did they fix the error? Is there anything else we need to do to make sure they correct it?

Thank you!
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YOu need to schedule an infopass right away to get this sorted out. This doesn't look like an issue that can be resolved by just calling USCIS. You and your wife need to speak with someone at your FO to point out the error. You will need to go with documents related to both the DV and EB application to get this sorted out.
 
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