DV 2014 AOS Only

[Sm1smom]

Cool! Hopefully that should solve this problem of not receiving your USCIS mail. You may need to constantly monitor/check your case online, in addition to calling USCIS on a regular basis to ensure you don't miss your IL too. It's just weird that 2 letters that ought to have been delivered never showed up. When you do go for your interview, ensure you also verify your mailing address with the IO.

Once again, thank you, Sir ...or Ma'am?

Notice the "mom" at the end of Sm1smom? I guess that should make me a "Ma'am" then, right?

Yes, my mailbox is lockable. I wasn't listed on the mailbox until you suggested it on Feb. 27, so you have my gratitude

Update: I did not receive my I-797 acceptance letter (mailed on the 11th of Feb) and Biometrics letter (mailed on the 17th of Feb) in the mail. Instead, USCIS faxed my Biometrics notice, as promised, on the 5th of March, 5 days before my appointment on the 10th of March, next week.

Once again, thank you, Sir ...or Ma'am?

 

[Britsimon]

Hey guys,

I received my interview letter in mail. It will be held on 3/17. I have few questions regarding the interview preparation.
1. I'm fresh graduated actively seeking jobs. Meanwhile, I'm now working in a Chinese restaurant and get pay by hourly. They do not file tax for me. How do I show immigration officer that i can financially support myself?
2. Do i have to go to local police office to get a background check report?

No you don't need a police report as the authorities can access your USA records anyway. Doing a cash in hand job is not a good idea for LOTS of reasons - but particularly bad for the immigration process. As you have realized you need to demonstrate financial ability and sitting in front of a CO saying that you accepted a job knowing your employer is not paying tax (i.e. breaking the law) is a really good way to screw up your chances. You need to get that sorted out - you need payslips from a job or you should be paying the employment taxes yourself. I'm sure someone here will have a better suggestion but with your interview around the corner you need to sort this out immediately.

 

[Sm1smom]

Hey guys,

I received my interview letter in mail. It will be held on 3/17. I have few questions regarding the interview preparation.
1. I'm fresh graduated actively seeking jobs. Meanwhile, I'm now working in a Chinese restaurant and get pay by hourly. They do not file tax for me. How do I show immigration officer that i can financially support myself?
2. Do i have to go to local police office to get a background check report?

Find someone to fill out an I-134 for you. As a last resort, if you're unable to find anyone anyone to fill out an affidavit of support, use the fund source you used in completing your schooling - get whoever has been paying your fees to send your their financial information and a letter indicating they're still willing to continue supporting you.

 

[Aria]

Hi everybody!
We had the interview but we're NOT green yet!!!
Bear with my poor English, plz!
We (my wife and I), went to the local office a little bit early, were called roughly around the the pre-set interview time, each one had a different separate interview time slot but when the officer called my wife, we went together. She asked my wife to wait outside while she was talking to me first. I took oath, she acted entertaining, calm and understanding. It was clear that she had reviewed the case already. Asked me about my degree, university, the place I live and some other questions related to the nature of my relation with my wife. She, then asked my wife to come in, she took oath as well, the officer asked her sort of the same question she asked me in the beginning. She asked me for some evidences proving we have commingling resources together to support my wife's case. Everything was smooth. She went through Yes/No questions (each and every question).
Everything was good and to me we were actually chatting, she reviewed all the forms and supplementary documents that we had submitted. Finally she said: "everything is Ok but you have submitted a wrong form", she was referring to the form I-134. She said she needs the form I-864. I was in doubt if she was right but I didn't want to start a dispute. She didn't basically liked that much the bank statements and the letters I had submitted from my home country and preferred to see the real money here. I said we can ask our families to transfer the money, but she was sort of insisting on the form I-864. I had nothing to say but: "it's OK, I'll ask my sponsor to do so". I don't think she wanted to be strict but maybe she wanted herself to be in the safe side.
She gave us two white sheets: one of them saying: "you case is being held for the review. At this time .... doesn't require any further information or document from you, .......", and the second white sheet was basically a Request for Evidence. We are supposed to hand in the requested documents (signed I-864) to her and she said, as soon as she receives the documents, she'll process the case. She said that she doesn't see any other problem.

QUESTION: I don't know if the first sheet she gave to us is basically the same as the sheet others, who have been approved, revived at the end of the interview?

QUESTION: Do you think I might need to talk to an attorney. I just asked some immigration experts and they said I-134 is enough. Form I-864 seems to be designed just for family or employment based GC.

Any advice?

That was pretty much our story, till now. I'm little bit upset!
Good luck everybody.

 

[neshate]

Hello guys, I have a question regrading the translation of the documents we send. First of all I am sorry if this question was asked before but since I could not find it in the previous 86 pages, I have to ask again.

My documents have been translated by some translation institution back home but they have not put the exact words that uscis suggest to include in the translation, "I certify that...." . Instead they have something similar. Do I need to put a cover letter in my package explaining this? Any suggestion?

 

[Birahi_kancha]

DV Administrative Fee

I have already paid the DV fee for AOS process. If I decided to go for CP, do I have to pay the DV fee again in the interview day? If I present the payment receipt for AOS, won't that be sufficient? Please Advise.

 

[Sm1smom]

DV Administrative Fee

I have already paid the DV fee for AOS process. If I decided to go for CP, do I have to pay the DV fee again in the interview day? If I present the payment receipt for AOS, won't that be sufficient? Please Advise.

I've addressed this question a couple of times in the past. For those changing to CP, the administrative fee paid in the US will not be honored at your local embassy. You will have to make another payment directly to the embassy, that money is part of the embassy's source funding and they couldn't or wouldn't be bothered to start asking the DOS to transfer that money back to them. Sorry, that's going to have to be your loss, unless you're ready to go through the convoluted process of asking the DOS directly for a refund - I'm not even certain how that process works, so please don't ask me about how to initiate it

 

[c1984]

No you don't need a police report as the authorities can access your USA records anyway. Doing a cash in hand job is not a good idea for LOTS of reasons - but particularly bad for the immigration process. As you have realized you need to demonstrate financial ability and sitting in front of a CO saying that you accepted a job knowing your employer is not paying tax (i.e. breaking the law) is a really good way to screw up your chances. You need to get that sorted out - you need payslips from a job or you should be paying the employment taxes yourself. I'm sure someone here will have a better suggestion but with your interview around the corner you need to sort this out immediately.

Paying the tax will not suffice. He doesn't have authorization to work at all. Admitting that he worked while unauthorized to work will kill the deal. He is also required to tell the truth. That's why I never would put myself in that situation.

 

[c1984]

Hi everybody!
We had the interview but we're NOT green yet!!!
Bear with my poor English, plz!
We (my wife and I), went to the local office a little bit early, was called roughly around the the pre-set interview time, each one had a different separate interview time slot but when the officer called my wife, we went together. She asked my wife to wait outside while she was talking to me first. I took oath, she acted entertaining, calm and understanding. It was clear that she had reviewed the case already. Asked me about my degree, university, the place I live and some other questions related to the nature of my relation with my wife. She, then asked my wife to come in, she took oath as well, the officer asked her sort of the same question she asked me in the beginning. She asked me for some evidences proving we have commingling resources together to support my wife's case. Everything was smooth. She went through Yes/No questions (each and every question).
Everything was good and to me we were actually chatting, she reviewed all the forms and supplementary documents that we had submitted. Finally she said: "everything is Ok but you have submitted a wrong form", she was referring to the form I-134. She said she needs the form I-864. I was in doubt if she was right but I didn't want to start a dispute. She didn't basically liked that much the bank statements and the letters I had submitted from my home country and preferred to see the real money here. I said we can ask our families to transfer the money, but she was sort of insisting on the form I-864. I had nothing to say but: "it's OK, I'll ask my sponsor to do so". I don't think she wanted to be strict but maybe she wanted herself to be in the safe side.
She gave us two white sheets: one of them saying: "you case is being held for the review. At this time .... doesn't require any further information or document from you, .......", and the second white sheet was basically a Request for Evidence. We are supposed to hand in the requested documents (signed I-864) to her and she said, as soon as she receives the documents, she'll process the case. She said that she doesn't see any other problem.

QUESTION: I don't know if the first sheet she gave to us is basically the same as the sheet others, who have been approved, revived at the end of the interview?

That was pretty much our story, till now. I'm little bit upset!
Good luck everybody.

Awww maannn

She's incorrect. You don't need that form. You are not getting your GC because of the sponsor. In family based immigration, where the basis of the immigration is that family tie, the person is solely responsible for the expenses of the new immigrant. This is not like that.

Oh well. You need to convince your sponsor to fill out that form. I don't think you have much leverage over the officer.

But hey. It's good to know there are no other problems.

 

[Birahi_kancha]

Thanks a lot mom for the quick reply. You are the best!!!!.

I've addressed this question a couple of times in the past. For those changing to CP, the administrative fee paid in the US will not be honored at your local embassy. You will have to make another payment directly to the embassy, that money is part of the embassy's source funding and they couldn't or wouldn't be bothered to start asking the DOS to transfer that money back to them. Sorry, that's going to have to be your loss, unless you're ready to go through the convoluted process of asking the DOS directly for a refund - I'm not even certain how that process works, so please don't ask me about how to initiate it

 

[c1984]

Hello guys, I have a question regrading the translation of the documents we send. First of all I am sorry if this question was asked before but since I could not find it in the previous 86 pages, I have to ask again.

My documents have been translated by some translation institution back home but they have not put the exact words that uscis suggest to include in the translation, "I certify that...." . Instead they have something similar. Do I need to put a cover letter in my package explaining this? Any suggestion?

I wouldn't worry about this. Especially if the translation "looks" official enough, like enough stamps, insignia, etc.

All my translations were done in my home country and none had that statement verbatim. It had approval from the foreign ministry though that the translator is certified to do official translations.

 

[Sm1smom]

Hi everybody!
We had the interview but we're NOT green yet!!!
Bear with my poor English, plz!
We (my wife and I), went to the local office a little bit early, was called roughly around the the pre-set interview time, each one had a different separate interview time slot but when the officer called my wife, we went together. She asked my wife to wait outside while she was talking to me first. I took oath, she acted entertaining, calm and understanding. It was clear that she had reviewed the case already. Asked me about my degree, university, the place I live and some other questions related to the nature of my relation with my wife. She, then asked my wife to come in, she took oath as well, the officer asked her sort of the same question she asked me in the beginning. She asked me for some evidences proving we have commingling resources together to support my wife's case. Everything was smooth. She went through Yes/No questions (each and every question).
Everything was good and to me we were actually chatting, she reviewed all the forms and supplementary documents that we had submitted. Finally she said: "everything is Ok but you have submitted a wrong form", she was referring to the form I-134. She said she needs the form I-864. I was in doubt if she was right but I didn't want to start a dispute. She didn't basically liked that much the bank statements and the letters I had submitted from my home country and preferred to see the real money here. I said we can ask our families to transfer the money, but she was sort of insisting on the form I-864. I had nothing to say but: "it's OK, I'll ask my sponsor to do so". I don't think she wanted to be strict but maybe she wanted herself to be in the safe side.
She gave us two white sheets: one of them saying: "you case is being held for the review. At this time .... doesn't require any further information or document from you, .......", and the second white sheet was basically a Request for Evidence. We are supposed to hand in the requested documents (signed I-864) to her and she said, as soon as she receives the documents, she'll process the case. She said that she doesn't see any other problem.

QUESTION: I don't know if the first sheet she gave to us is basically the same as the sheet others, who have been approved, revived at the end of the interview?

That was pretty much our story, till now. I'm little bit upset!
Good luck everybody.

Oh goosh! I'm sorry you ended up with an over-zealous IO who seemed to have no idea as to which USCIS document is applicable to DV based AOS. This is not a family based adjustment, so it is ridiculous that she's asking for an I-864 in place of the I-134 you provided. In addition, she gives 2 contradicting papers: one which says "you case is being held for the review. At this time .... doesn't require any further information or document from you, .......", and an RFI. How ridiculous! Unfortunately not much you can do but to ask your 'sponsor' to fill out the I-864 and send it without delay.

On the other hand though, I really don't know how your 'sponsor' is supposed to fill out an I-864 because section 9 FAM 40.41 N5.6-3(c) Use of Form I-134, Affidavit of Support clearly states that DV applicants are not authorized to use either form I-864 or I-864W (page 15).

http://www.state.gov/documents/organization/86988.pdf

I don't know, maybe you want to wait till the end of next week and see if there's a change in your case - hopefully, her supervisor will get to review the case, realize the error in this IO's request and approve the case without any more delay. In the absence of that, you may want to do an infopass and go show them this document. Explain this is why your used form I-134

For those yet to be interviewed and who plan on using form I-134 as part of their financial package, you might want to take note of 9 Fam 40.41 N4.4-3 - Other Aliens Exempt from the Form I-864 Requirement: (page 10)

The I-864 is not required for Diversity Immigrants (DV applicants) or returning resident (SB) applicants.

http://www.state.gov/documents/organization/86988.pdf

Print out the entire document, if you have to, and highlight all the applicable sections as part of your back up proof.

 

[Sm1smom]

Paying the tax will not suffice. He doesn't have authorization to work at all. Admitting that he worked while unauthorized to work will kill the deal. He is also required to tell the truth. That's why I never would put myself in that situation.

+1

 

[Sm1smom]

Hello guys, I have a question regrading the translation of the documents we send. First of all I am sorry if this question was asked before but since I could not find it in the previous 86 pages, I have to ask again.

My documents have been translated by some translation institution back home but they have not put the exact words that uscis suggest to include in the translation, "I certify that...." . Instead they have something similar. Do I need to put a cover letter in my package explaining this? Any suggestion?

Don't even bother with the idea of "put(ting) a cover letter in my package explaining this" as it's more likely to draw unneccessary attention IMO. Go with what you have and whatever certification wording is used.

 

[RVLL]

Support Materials Initial & Interview Evidence. Necessity for I-134?

Hello again, I have questions regarding financial support materials. Currently I have a full-time job on OPT status but will be changing jobs when I join my H1-B employer in October, maybe earlier. When filing DV category I-485, since I am self sufficient financially, do I need I-134 form at all? I read somewhere if I am doing AOS all I would need is my federal tax return from previous year, offer letter from employer on company letterhead and 2 recent pay stubs as part of my initial eveidence with my I-485 application, is this accurate? For the interview, I would need the previously mentioned documents submitted as initial evidence along with bank statements and I-797 indicating my H1 is in process, is this correct? I just want to be sure that my personal resources are enough at this point in time to prove I'm financially self-sufficient before I approach someone and request them to fill out I-134 for me. Thank you for any/all assistance.

 

[Aria]

Oh goosh! I'm sorry you ended up with an over-zealous IO who seemed to have no idea as to which USCIS document is applicable to DV based AOS. This is not a family based adjustment, so it is ridiculous that she's asking for an I-864 in place of the I-134 you provided. In addition, she gives 2 contradicting papers: one which says "you case is being held for the review. At this time .... doesn't require any further information or document from you, .......", and an RFI. How ridiculous! Unfortunately not much you can do but to ask your 'sponsor' to fill out the I-864 and send it without delay.

On the other hand though, I really don't know how your 'sponsor' is supposed to fill out an I-864 because section 9 FAM 40.41 N5.6-3(c) Use of Form I-134, Affidavit of Support clearly states that DV applicants are not authorized to use either form I-864 or I-864W (page 15).

http://www.state.gov/documents/organization/86988.pdf

I don't know, maybe you want to wait till the end of next week and see if there's a change in your case - hopefully, her supervisor will get to review the case, realize the error in this IO's request and approve the case without any more delay. In the absence of that, you may want to do an infopass and go show them this document. Explain this is why your used form I-134

For those yet to be interviewed and who plan on using form I-134 as part of their financial package, you might want to take note of 9 Fam 40.41 N4.4-3 - Other Aliens Exempt from the Form I-864 Requirement: (page 10)



http://www.state.gov/documents/organization/86988.pdf

Print out the entire document, if you have to, and highlight all the applicable sections as part of your back up proof.

Sm1smom, thanks a lot, you are SO SUPPORTIVE!
I think the reason she gave me those contradictory sheets was that when I provide the requested evidence (along with the letters she gave to me), she knows except that lacking evidence everything else is finalized. I found her nice and understanding. As you said, hopefully she may find the error soon.
I'll keep you all update in the case of any updates.

 

[Aria]

Awww maannn

She's incorrect. You don't need that form. You are not getting your GC because of the sponsor. In family based immigration, where the basis of the immigration is that family tie, the person is solely responsible for the expenses of the new immigrant. This is not like that.

Oh well. You need to convince your sponsor to fill out that form. I don't think you have much leverage over the officer.

But hey. It's good to know there are no other problems.

C1984, it's all because you wished to have me beat and looks like your wish was too strong for a weak contestant! LOL!
Lets see what happens. Thanks for your support refigh

 

[neshate]

Thank you so much.

Don't even bother with the idea of "put(ting) a cover letter in my package explaining this" as it's more likely to draw unneccessary attention IMO. Go with what you have and whatever certification wording is used.

 

[neshate]

Thank you so much.

I wouldn't worry about this. Especially if the translation "looks" official enough, like enough stamps, insignia, etc.

All my translations were done in my home country and none had that statement verbatim. It had approval from the foreign ministry though that the translator is certified to do official translations.

 

[Fiefia]

Hi Aria,

It's unbelievable! But I am sure everything will be sorted out soon. From your description, the interview went smoothly and you didn't have any other problems with the documents (although this one is not a problem either). They will soon realize and fix the mistake. I am confident!

Stay positive! It's just another trial, but the victory is near!

Hi everybody!
We had the interview but we're NOT green yet!!!
Bear with my poor English, plz!
We (my wife and I), went to the local office a little bit early, were called roughly around the the pre-set interview time, each one had a different separate interview time slot but when the officer called my wife, we went together. She asked my wife to wait outside while she was talking to me first. I took oath, she acted entertaining, calm and understanding. It was clear that she had reviewed the case already. Asked me about my degree, university, the place I live and some other questions related to the nature of my relation with my wife. She, then asked my wife to come in, she took oath as well, the officer asked her sort of the same question she asked me in the beginning. She asked me for some evidences proving we have commingling resources together to support my wife's case. Everything was smooth. She went through Yes/No questions (each and every question).
Everything was good and to me we were actually chatting, she reviewed all the forms and supplementary documents that we had submitted. Finally she said: "everything is Ok but you have submitted a wrong form", she was referring to the form I-134. She said she needs the form I-864. I was in doubt if she was right but I didn't want to start a dispute. She didn't basically liked that much the bank statements and the letters I had submitted from my home country and preferred to see the real money here. I said we can ask our families to transfer the money, but she was sort of insisting on the form I-864. I had nothing to say but: "it's OK, I'll ask my sponsor to do so". I don't think she wanted to be strict but maybe she wanted herself to be in the safe side.
She gave us two white sheets: one of them saying: "you case is being held for the review. At this time .... doesn't require any further information or document from you, .......", and the second white sheet was basically a Request for Evidence. We are supposed to hand in the requested documents (signed I-864) to her and she said, as soon as she receives the documents, she'll process the case. She said that she doesn't see any other problem.

QUESTION: I don't know if the first sheet she gave to us is basically the same as the sheet others, who have been approved, revived at the end of the interview?

QUESTION: Do you think I might need to talk to an attorney. I just asked some immigration experts and they said I-134 is enough. Form I-864 seems to be designed just for family or employment based GC.

Any advice?

That was pretty much our story, till now. I'm little bit upset!
Good luck everybody.