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DV 2015 AOS Only

Sm1smom said:
No, I wouldn't recommend you cancel anything at this point in time. If you cancel you will loose the $1070 AOS fees you've already paid. And even if you don't mind loosing the money, submitting a new application with a spouse included will get your application through a much more tougher scrutiny and the possibility of being approved is very ver slim IMO considering this will be a spouse that you do not even have of a history, if any together.

My suggestion is complete your application as is. You can then go home and get married following which you begin the paper work of filing a petition for her. She remains back in your country, you visit as often as you can till the process of bringing her over completes.

Another alternative will be withdraw the current application, loose the AOS fee of course, go home and get married right away, then request for KCC to unlock you form, update your DS-260 form by including your spouse and process CP together. Of course you will still need to convince the CO that your marriage is genuine and it wasn't done simply for the purpose of getting an additional GC. When KCC ends up scheduling your interview of course will depend on when you resubmit your DS form and when they complete processing it. Considering the fact that you don't currently have marriage plans completed, not sure if this option is worth considering.
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Hello again.
How about after I get the green card, go back to my country and get married next summer and apply for her in the US embassy in my country to Visit Visa or F1 Visa, and after she comes to the US, I can add her to my status as a wife and change her Visa to be on green card visa.

How about that? I think this is better than to wait almost 2 years over there.

Let me know please if this plan works.

Thanks.
 
adaluom said:
Hello again.
How about after I get the green card, go back to my country and get married next summer and apply for her in the US embassy in my country to Visit Visa or F1 Visa, and after she comes to the US, I can add her to my status as a wife and change her Visa to be on green card visa.

How about that? I think this is better than to wait almost 2 years over there.

Let me know please if this plan works.

Thanks.
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Consult an immigration attorney. From everything I have read, you cannot just bring her over, even if you get married. There is a long process. You don't just marry someone and bring them and voila. It takes a couple of years, and some not insignificant expense.
F1 is a student visa, with non-immigrant intent. You cannot truthfully apply for that if you expect her to stay permanently on it.
She cannot enter the US on a visit or other non-immigrant visa (except a dual intent work visa) if she plans to stay permanently. So no your plan will not work. (If you declare the real reason for bringing her on the non-immigrant visa application it will be turned down. If you lie, the real reason will be discovered when you try adjust her status, and deliberate false info on a visa application wilk get you both sent back and banned from the US.)
 
adaluom said:
Hello again.
How about after I get the green card, go back to my country and get married next summer and apply for her in the US embassy in my country to Visit Visa or F1 Visa, and after she comes to the US, I can add her to my status as a wife and change her Visa to be on green card visa.

How about that? I think this is better than to wait almost 2 years over there.

Let me know please if this plan works.

Thanks.
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She can apply for a F-1 visa if she really intends to study, however because she is married to a US LPR, the possibility of that visa or even a B1/B2 visa being approved is very very low. They will figure she intends to stay back in the US and most likely will not approve the visa petition to start with.

It's a different ball game if she applies for the F1 visa before getting married. And if the visa is approved, she will have to maintain her F1 status by going to school even after getting married to you, until whenever it is you're able to complete a GC petition for her from within the US. The approval process, like we told you before is equally long and expensive and you will need to add the cost of her paying school fees as an international student on top of all that.
 
Update on our case: It's now 3pm in NY. Since I still hadn't heard from the IO, I called and left her a voicemail. She called right back and confirmed that she entered us in the system today and everything worked! She said everything's in order and that the files were forwarded to the IO who is in charge of DV cases this year and who will be interviewing us. She is actually the supervisor (can you believe it?) and said they change DV officers every year (probably why the officers don't know much about DV). She also proceeded to explain that things couldn't work yesterday cause it was still the old fiscal year and that today is the actual start of the new fiscal year, (like I wasn't the one who told her all this yesterday, but I went along saying ohhhhh, okay. LOL). No more mention of the early filing issue/policy memo so I certainly did not bring it up either, I figure she now understands what the memo stands for. So bottom line is we are back on track waiting to receive the interview letter. I will call the KCC to make sure the field office requested our files. Thanks a lot @Sm1smom @Britsimon @ndubs and @KingKong for your guidance and support.
 
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Great News @Ifitis2be ... Cheers .. It was shocking to me as well..I was on the same boat as you...but at the end everything seems good... BTW did you ask her when you might expect your interview to be held?
 
Ifitis2be said:
Update on our case: It's now 3pm in NY. Since I still hadn't heard from the IO, I called and left her a voicemail. She called right back and confirmed that she entered us in the system today and everything worked! She said everything's in order and that the files were forwarded to the IO who is in charge of DV cases. She is actually the supervisor (can you believe it?) and said they change DV officers every year (probably why the officers don't know much about DV). She also proceeded to explain to me that things couldn't work yesterday cause it was still the old fiscal year and that today is the actual start of the new fiscal year, (like I wasn't the one who told her all this yesterday, but I went along saying ohhhhh, okay. LOL). No more mention of the Policy memo/early filing issue, so I certainly did not bring it up either, I figure she now understands what the memo stands for. So bottom line is we are back on track waiting to receive the interview letter. I will call the KCC to make sure the field office requested our files. Thanks a lot @Sm1smom @Britsimon @ndubs and @KingKong for your guidance and support.
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LOL - great to hear the professionals now realize what we amateurs knew was the reason for the "issue" - and I'm glad to hear you are back on track. It pays to be well informed, huh - otherwise you would have paid for her mistake. Scary.
 
NEP2015AOS said:
Great News @Ifitis2be ... Cheers .. It was shocking to me as well..I was on the same boat as you...but at the end everything seems good... BTW did you ask her when you might expect your interview to be held?
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I almost asked her for the interview date but then I thought since everything is ok now, I better get off the phone fast before she comes up with another bogus issue or reason to deny us, hahahaha. I figure we will be getting the interview letter soon, if not I have her number so I can always call back.
 
Ifitis2be said:
She also proceeded to explain that things couldn't work yesterday cause it was still the old fiscal year and that today is the actual start of the new fiscal year, (like I wasn't the one who told her all this yesterday, but I went along saying ohhhhh, okay. LOL).
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duh.gif
 
Britsimon said:
LOL - great to hear the professionals now realize what we amateurs knew was the reason for the "issue" - and I'm glad to hear you are back on track. It pays to be well informed, huh - otherwise you would have paid for her mistake. Scary.
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Yes @Britsimon, I realize how important it is to educate yourself on the rules and process, stay on top of things and be your own advocate, or else you might lose BIG! I am also very grateful she did not reach my husband first, cause she called him first as the selectee---he knows not A THING about the rules and processes and would have messed things up for us had he answered his phone, LOL.
 
Ifitis2be said:
Update on our case: It's now 3pm in NY. Since I still hadn't heard from the IO, I called and left her a voicemail. She called right back and confirmed that she entered us in the system today and everything worked! She said everything's in order and that the files were forwarded to the IO who is in charge of DV cases this year and who will be interviewing us. She is actually the supervisor (can you believe it?) and said they change DV officers every year (probably why the officers don't know much about DV). She also proceeded to explain that things couldn't work yesterday cause it was still the old fiscal year and that today is the actual start of the new fiscal year, (like I wasn't the one who told her all this yesterday, but I went along saying ohhhhh, okay. LOL). No more mention of the early filing issue/policy memo so I certainly did not bring it up either, I figure she now understands what the memo stands for. So bottom line is we are back on track waiting to receive the interview letter. I will call the KCC to make sure the field office requested our files. Thanks a lot @Sm1smom @Britsimon @ndubs and @KingKong for your guidance and support.
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That's great news, even though the fact that it even happened in the first place is beyond belief/ridiculous. Glad you are back on track now. If only there was a way share this forum with whoever is responsible for recruiting these officers and provide those persons with epic lightbulb moments when they realise how crap their entire workforce is and how there is a whole load of people who are doing their jobs for free here and all the officers get replaced with people with actual knowledge and everyone's applications get approved on time and everyone lives happily ever after. Sigh.
 
SusieQQQ said:
Consult an immigration attorney. From everything I have read, you cannot just bring her over, even if you get married. There is a long process. You don't just marry someone and bring them and voila. It takes a couple of years, and some not insignificant expense.
F1 is a student visa, with non-immigrant intent. You cannot truthfully apply for that if you expect her to stay permanently on it.
She cannot enter the US on a visit or other non-immigrant visa (except a dual intent work visa) if she plans to stay permanently. So no your plan will not work. (If you declare the real reason for bringing her on the non-immigrant visa application it will be turned down. If you lie, the real reason will be discovered when you try adjust her status, and deliberate false info on a visa application wilk get you both sent back and banned from the US.)
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Ok. Thanks.
I do not know about that. I do not know that will put me in bad situation.

I just suggest that if it works or not.
Thanks so much for the advice.
 
Sm1smom said:
She can apply for a F-1 visa if she really intends to study, however because she is married to a US LPR, the possibility of that visa or even a B1/B2 visa being approved is very very low. They will figure she intends to stay back in the US and most likely will not approve the visa petition to start with.

It's a different ball game if she applies for the F1 visa before getting married. And if the visa is approved, she will have to maintain her F1 status by going to school even after getting married to you, until whenever it is you're able to complete a GC petition for her from within the US. The approval process, like we told you before is equally long and expensive and you will need to add the cost of her paying school fees as an international student on top of all that.
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Ok. Thanks so much Sm1smom.
I will think about your choice.

I really appreciate your answer.
 
Hi guys, is it odd that for my EAD application the status is Initial review and for the i-485 form the status is still Acceptance?
 
ndubs said:
Hi guys, is it odd that for my EAD application the status is Initial review and for the i-485 form the status is still Acceptance?
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Hi ndubs,

For our AOS, my wife is the primary applicant and her EAD and I-485 were processed in different places, EAD actually got mailed today, from what I've learnt the NBC handles the EAD and local FO handles the I-485 and thus move at different pace to each other.

Right now, the adult I-485 are showing as Acceptance and the Child I-485 are showing Initial Review although I know that all 4 I-485's are at the local FO.

An L2 officer told me not to pay to much attention to the online status as they have contractors input a lot of the information and they make mistakes
 
Mom, simon
Me and one american lady, we took a couple to the usicis offices in kansas city, this morning to find out about their process, because there was a big mess with their case:
When they entrered they had 12 days left on their visa, and the medicals were expired !
So the IO told them to go back and re do the medicals ! So their host managed to convice them that they will do it again here, they kept their passports and let them go...
Medicals done again, they went they collected the passports, but than they didn't pay the USCIS fees, and some Immigration officier ''apparently'' told them they don't need to !
Any they got their passports back, and I inform them that the fees are compulsary...but they still wanted to confirm that by an official...
We went today there, I didn't go because they were asking for ID so i satyed out side, when they came out they had a thick AOS file i485 ...
So they were told that they have to re adjust their status...so i clicked and i asked to go inside and see the officier they agreed to let me in withoud an iD, took me about half an hour to explain to the guy at the disk, what is CP and also for him to understand that this couple had already done all the process... I just couldnt believe that the guy was completly out ! He hardly had knwlogde about the lottery :(
So at last he agreed with me that all what left is just the fees to pay....
My point is how can they allow people to serve while they are not knowlageable about the dv process.... Because they were told to do biometric and all the AOS process.....?!
 
Vladek I agree it sounds bad but tell me, how well does this couple speak English? Lottery or no lottery there are a million people a year who enter on immigrant visas. I don't think USCIS are completely clueless about the idea of CP especially as many who come in on visas end up at USCIS offices when green cards don't arrive or there are other issues etc. It sounds to me like they did not explain properly to the USCIS people why they were there...and that's why they came out with an AOS file.
The officer who told them they don't need to pay the green card fee, that I don't understand
 
Yes sussie, they dont speak at all ! So they made it more complicated for them, i wenty with them to help translate, but i realised i didnt have my passport with.... Back when it came to the push they left me in ...luckily
 
Ok. I think it's a little bit unfair to call USCIS people clueless if people can't explain to them why they are there....
Anyway hope you are settling in, you seem to have found a community there already!
 
Hammer67 said:
Hi ndubs,

For our AOS, my wife is the primary applicant and her EAD and I-485 were processed in different places, EAD actually got mailed today, from what I've learnt the NBC handles the EAD and local FO handles the I-485 and thus move at different pace to each other.

Right now, the adult I-485 are showing as Acceptance and the Child I-485 are showing Initial Review although I know that all 4 I-485's are at the local FO.

An L2 officer told me not to pay to much attention to the online status as they have contractors input a lot of the information and they make mistakes
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Thanks hammer67 - I was just looking at the timelines and saw most people had received their biometrics letter within 4-5 days after the NOA and mine has not arrived yet, not really worried but it just prompted me to check the status to see what it said. lol 'they make mistakes', why isn't that surprising :)
 
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