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DV 2015 AOS Only

Sm1smom said:
Oh I see. So you were not listed by name on the letter she got, and it does not state to come with her derivative(s) either?
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Yes that is true . Just her name n her file number on the interview letter . Can you recall anything from your experience how will my situation go forward . Will they simply adjudicate my application once my wife's is approved without an interview. Thanks a ton.
 
BipinShetty said:
Yes that is true . Just her name n her file number on the interview letter . Can you recall anything from your experience how will my situation go forward . Will they simply adjudicate my application once my wife's is approved without an interview. Thanks a ton.
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Like I said before, attend the interview with her regardless! And be sure to take along your own documents too, the originals, including the receipts for your I-485 package (you may need to use those to convince the guards to let you in as a derivative since your name isn't on your wife's letter).
 
Sm1smom said:
Like I said before, attend the interview with her regardless! And be sure to take along your own documents too, the originals, including the receipts for your I-485 package (you may need to use those to convince the guards to let you in as a derivative since your name isn't on your wife's letter).
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Yes indeed I will do that . I will need to somehow attend interview with her. I will follow up tomorrow with KCC and USCIS. Thanks a lot
 
BipinShetty said:
Yes indeed I will do that . I will need to somehow attend interview with her. I will follow up tomorrow with KCC and USCIS. Thanks a lot
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Following up with KCC is a waste of time, I can tell you upfront as KCC no longer has anything to do with the case. Not a bad idea to follow up with USCIS, but I doubt the phone rep will say something I haven't already said.
 
Hi,
I had my interview today in LA. We past the security at 9a and were called around 9:30a which was the time of our interview. Once we were in the office with the IO, before anything she told us that they were waiting for confirmation from the Department of State for our case so she won't be able to approve us today. Then she started the interview. She wanted to see our passport, California ID, Social security card, EAD, selection letter, original birth certificate and education documents. She confirmed some information we put on the I-485. After she said everything was fine and remind us that they were waiting from the Department of State to approve our case. We should get a notification within a month and if not we should contact USCIS. She gave us the notice of interview results that says that the case is being held for review and we were off. I am planning to call KCC tomorrow and see why they have not confirmed our case with USCIS. I am not sure if they will be able to give me a precise answer that will help, but we'll see. Other than that I guess it is back to waiting :(
 
Apologies if this has been posted before but I know there has been some debate on whether AOS applicants need to submit a DS260. I know the general feeling is yes but some have disputed this, and I don't recall having seen the actual FAM notes that says you do... But here they are - there is only a visa number if you are documentarily qualified (ie DS260 sent in) and kcc keeps the case until either CP or AOS (relevant sections bolded below). So there it is in black and white..

Each month visa numbers will be allocated to applicants who have been reported documentarily qualified and are within the applicable rank cut-off for that month. Applicants are considered documentarily qualified when the registrant has properly completed and submitted to the KCC all required forms.

9 FAM 42.33 PN3.3 Registrations

(CT:VISA-2109; 05-15-2014)

  1. If a case has been registered, the entrant will be notified electronically via Entrant Status Check , and instructed to complete Form DS-260, Online Application for Immigrant Visa and Alien Registration.

  2. The KCC will hold the case until those registered are entitled to make a formal application for visa issuance at a U.S. consular office abroad, or an adjustment of status with the Department of Homeland Security (DHS) in the United States.

    http://www.state.gov/documents/organization/87840.pdf
 
I realize this is a old question that has been asked several times...
but I was wondering how I should deal with the whole F-1 dual intention thing?
What should I be worried about the most with this problem when it comes to the interview?

Here is my current situation:
- College senior majoring in STEM subject (graduating May 2015)
- Not married
- Didn't apply for OPT because of ongoing AOS process (received an EAD from the latter)
- AOS Interview on the 3/31/15
- Don't have affidavit of support but have savings above poverty line for a single household

Thank you for your help everyone!
 
Hello,
Could you please help me for the following questions ?
1. Regarding the I-485 of my wife (who is the lottery winner) for the following questions “current USCIS status” and “In what status did you last enter” I was thinking to answer for both questions: “E2 (SPOUSE OF AN E2) “ (as it was already stated in the DS-260) instead of just E2. The reason is that as she is unemployed, if the IO does not pay enough attention he might think that it is not consistent with an employment based visa if he fails to check that I am the E2 primary applicant while she is a derivative. What do you think ?

2. We don’t have any New York state ID or driving licence. Do you think it would be safer to request one before the interview or the IO does not care that we only have a passport as ID ?

3. For the I-94, do they need the online document called “Most recent I-94” AND the travel history also retrievable online ?
Thank you!
 
tinsku said:
I realize this is a old question that has been asked several times...
but I was wondering how I should deal with the whole F-1 dual intention thing?
What should I be worried about the most with this problem when it comes to the interview?

Here is my current situation:
- College senior majoring in STEM subject (graduating May 2015)
- Not married
- Didn't apply for OPT because of ongoing AOS process (received an EAD from the latter)
- AOS Interview on the 3/31/15
- Don't have affidavit of support but have savings above poverty line for a single household

Thank you for your help everyone!
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Dual intention question isn't going to come up dating the AOS interview. However, the fact that you've one through the AOS process may prevent you from getting OPT (assuming your school is already aware you're processing AOS), if for whatever reason your AOS petition is denied. You've already demonstrated an immigrant intent , nothing you can do about it at this stage. If you've already used the EAD card you received to take up employment, if your AOS petition is denied, you will of course have to stop working, and you will no longer be in F1 status, nothing to worry about if the card hasn't been used though.
 
Karimm said:
Hello,
Could you please help me for the following questions ?
1. Regarding the I-485 of my wife (who is the lottery winner) for the following questions “current USCIS status” and “In what status did you last enter” I was thinking to answer for both questions: “E2 (SPOUSE OF AN E2) “ (as it was already stated in the DS-260) instead of just E2. The reason is that as she is unemployed, if the IO does not pay enough attention he might think that it is not consistent with an employment based visa if he fails to check that I am the E2 primary applicant while she is a derivative. What do you think ?

2. We don’t have any New York state ID or driving licence. Do you think it would be safer to request one before the interview or the IO does not care that we only have a passport as ID ?

3. For the I-94, do they need the online document called “Most recent I-94” AND the travel history also retrievable online ?
Thank you!
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1. Just E2. IO will ask further questions during interview if clarification is required.

2. Your passport alone should be fine.

3. Get the most recent I-94 and copies of any past ones you may have.
 
Hi every one, i need advice and opinion from those who had, had similar situation or knows information regarding aos.My interview was on february 10 and after 10 days i was informed that, uscis their need additional information from me (Request for additional evodence)
I have sent all necessary information as it was stated on uscis letter regarding my aos.Today is 18 of march, and uscis they received additional info package 10 th of march, and i still did not receive any notification from uscis that their received package.Is it normal or should i call them and ask about my package? Or do i need a lawyer for this case??? Thank you !!!
 
Dastan. said:
Hi every one, i need advice and opinion from those who had, had similar situation or knows information regarding aos.My interview was on february 10 and after 10 days i was informed that, uscis their need additional information from me (Request for additional evodence)
I have sent all necessary information as it was stated on uscis letter regarding my aos.Today is 18 of march, and uscis they received additional info package 10 th of march, and i still did not receive any notification from uscis that their received package.Is it normal or should i call them and ask about my package? Or do i need a lawyer for this case??? Thank you !!!
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So they have only had the RFE response for 8 days?? That is not much time - they don't usually do anything instantly. What was the RFE about?
 
Dastan. said:
Hi every one, i need advice and opinion from those who had, had similar situation or knows information regarding aos.My interview was on february 10 and after 10 days i was informed that, uscis their need additional information from me (Request for additional evodence)
I have sent all necessary information as it was stated on uscis letter regarding my aos.Today is 18 of march, and uscis they received additional info package 10 th of march, and i still did not receive any notification from uscis that their received package.Is it normal or should i call them and ask about my package? Or do i need a lawyer for this case??? Thank you !!!
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Well, we can't tell you whether you need a lawyer or not as you haven't quite told us anything about your case to start with.

What was the RFE about? Which additional documents did they require from you? Since the documents you sent were only received about 8 days ago, it's way too early to be worrying about not hearing back from them anyways.
 
I came to the US in 2012, by work&travel program for the students.Then i wanted to study here, and changed my j1 status to f1.Since, that time i'm a student and never been out of status.On REV their asked this information.
To provide official transcripts from all institutes or schools you have attended within US.
Submit certificates of completion, diplomas, or other confirmation of programs you have attended within US.
Provide a list of employment if applicable.
 
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Dastan. said:
I came to the US in 2012, by work&travel program for the students.Then i wanted to study here, and changed my j1 status to f1.Since, that time i'm a student and never been out of status.On REV their asked this information.
To provide official transcripts from all institutes or schools you have attended within US.
Submit certificates of completion, diplomas, or other confirmation of programs you have attended within US.
Provide a list of employment if applicable.
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Was your J1 subject to a 2 year foreign/home stay requirement and if yes, did you obtain a waiver and submitted it with your AOS package? Also since changing to F1 have you undertaking any form of employment? If yes, was it authorized employment?
 
Sm1smom said:
1. Just E2. IO will ask further questions during interview if clarification is required.

2. Your passport alone should be fine.

3. Get the most recent I-94 and copies of any past ones you may have.
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Thank you!
1. When you say old I-94 do you mean old online I-94 that we would have downloaded or printed for other purposes? We are not supposed anymore to have a physical I-94 right ? I hope so because we don’t have it on our passport, I guess they removed it from our passports a few years ago.
2. When some forms have fields that are not applicable to me, for example alien number or present and past memberships for I-485 is it better to write something like “NONE” instead of just leave it blank so that the IO knows it is not an omitted field ?
3. I think I am supposed to also fill form I-508 and I was also wondering if my wife is supposed to fill it too. Do you have any idea? I don’t care that we both fill it even if it may not be necessary as long as it cannot have any negative impact on the AOS timeline.

thanks again for all these answers!
 
Karimm said:
Thank you!
1. When you say old I-94 do you mean old online I-94 that we would have downloaded or printed for other purposes? We are not supposed anymore to have a physical I-94 right ? I hope so because we don’t have it on our passport, I guess they removed it from our passports a few years ago.
2. When some forms have fields that are not applicable to me, for example alien number or present and past memberships for I-485 is it better to write something like “NONE” instead of just leave it blank so that the IO knows it is not an omitted field ?
3. I think I am supposed to also fill form I-508 and I was also wondering if my wife is supposed to fill it too. Do you have any idea? I don’t care that we both fill it even if it may not be necessary as long as it cannot have any negative impact on the AOS timeline.

thanks again for all these answers!
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I will suggest you try not to over think this process or you might end up tripping yourself.

1. If you have paper copy of the old I-94, make copies of those and use, if you don't have them , then you don't. If you have copies of old ones downloaded from online, use them, if you don't, then you don't. Simple!

2. The instruction for I-485 says "LEAVE IT BLANK", so do what it says.

3. You're both on E2 visas, both of you should fill out I-508.
 
Sm1smom said:
Was your J1 subject to a 2 year foreign/home stay requirement and if yes, did you obtain a waiver and submitted it with your AOS package? Also since changing to F1 have you undertaking any form of employment? If yes, was it authorized employment?
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No, my J1 visa was based on summer work&travel for the students, it was not subject to 2 year foreign program.
Yes, my working place was authorized by uscis.I provided all necessary documents to uscis.it is strange that, uscis IO did not updated my case status yet, about acceptance.
 
Youhoo!!! CPO today! I want to give big thanks to the people who maintain this website and to the active members who gives awesome advice. Good luck to the people still in the process, hang in there.
 
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