DV 2016 AOS Only

[JhonnyBravo]

Technically speaking, you cannot apply for a B1/B2 visa for your parents, which I guess is what you mean by applying for DS-160 for them. The B1/B2 visa is a self sponsored visa, which means your parents are applying on their own recognition regardless of the fact that you're most likely going to fill out and submit the form on their behalf.

Yes, I want my parents to apply B2 visa. I just dont want USCIS to think there is some kind of immigration fraud, because I am a selectee and I will be an immigrant in 2016 (I have submitted my DS260, thanks to your help), but currently as I am on F1 OPT I am a nonimmigrant . I want my parents to attend my graduation ceremony. Does my question makes sense?

*(there is a question in DS160 about if you know anyone in USA and their immigration status)

 

[Sm1smom]

Yes, I want my parents to apply B2 visa. I just dont want USCIS to think there is some kind of immigration fraud, because I am a selectee and I will be an immigrant in 2016 (I have submitted my DS260, thanks to your help), but currently as I am on F1 OPT I am a nonimmigrant . I want my parents to attend my graduation ceremony. Does my question makes sense?

*(there is a question in DS160 about if you know anyone in USA and their immigration status)

Yes I understand what you're saying, just trying to set the records straight. And the question should be answered as 'Yes' with your current immigration status listed as F1. The approval or denial of the petition will largely depend on their ability to demonstrate a song tie to their home country.

 

[Elixir Gautam]

Hi
Just a recommendation on AOS spreadsheet. The I94 card currently is not issued at the POE. Rather, you have to print it later online going to the DHS website. Hence, it is possible to replace "copy of 194 card front and back" to "copy of I94 card" only. If someone is confused how to retrieve the I94 card, the DHS link can be provided. However, I believe this rule existed only after 2012/13.

Thanks

 

[kchemist]

Mom regarding the translation and certification of B/C and marriage certificate I contacted a professional place and they asked $500 for the translation. It is rather expensive, Can I ask one of my friends to do it and certify it?

 

[Sm1smom]

Mom regarding the translation and certification of B/C and marriage certificate I contacted a professional place and they asked $500 for the translation. It is rather expensive, Can I ask one of my friends to do it and certify it?

That is RIDICULOUS! The certified translation doesn't have to be done by a professional, it can be done by anyone, including friends, as long as they're not family members and they're willing to certify they're fluent in both English and your local language.

 

[Sm1smom]

Hi
Just a recommendation on AOS spreadsheet. The I94 card currently is not issued at the POE. Rather, you have to print it later online going to the DHS website. Hence, it is possible to replace "copy of 194 card front and back" to "copy of I94 card" only. If someone is confused how to retrieve the I94 card, the DHS link can be provided. However, I believe this rule existed only after 2012/13.

Thanks

Thanks for the observation regarding the I-94, and like you rightly noted, the electronic issuance only started not too long ago. However, there are people who came into the U.S. prior to the switch over, who still have the paper copy, it is important for them to know they need to include "copy of 194 card front and back" with their AOS package.

 

[Gabra Tulla]

Mom,

My situatuion is not yet clear to me. I am on G4 Visa, DS whatever that means. When I asked a colleague, he told me with a G4 DS, one can stay within US even when the Visa is expired. The problem only arises once you have to leave the US because a return back you need a valid visa. That said, my visa expires in 2017. Apparently DV 2016 cases shall be done, over by september 2016. My question is, is there any problem that can arise for our AOS process considering that my visa will remain valid, my dependants remain in the US, and I am able to leave and return to the US attending to my job assignments but be available when our number becomes current to file our AOS package? I am in a sort of limbo with this situation.

Thank you for your guidance.

 

[Sm1smom]

Mom,

My situatuion is not yet clear to me. I am on G4 Visa, DS whatever that means. When I asked a colleague, he told me with a G4 DS, one can stay within US even when the Visa is expired. The problem only arises once you have to leave the US because a return back you need a valid visa. That said, my visa expires in 2017. Apparently DV 2016 cases shall be done, over by september 2016. My question is, is there any problem that can arise for our AOS process considering that my visa will remain valid, my dependants remain in the US, and I am able to leave and return to the US attending to my job assignments but be available when our number becomes current to file our AOS package? I am in a sort of limbo with this situation.

Thank you for your guidance.

I don't understand how your family (who are in the U.S. as your derivatives) can remain behind in the U.S. while you're being transferred abroad to work. Once you're no longer working in the U.S., it doesn't sound to me like your family is considered as being in status even if your current visa isn't expired. When the IO ask where do you work, what are you going to say? Maybe there's something I'm missing here.

Anyway, I only assist with straight forward DV based AOS cases. I think you need to speak with a competent immigration attorney who you can tell exactly what's going on and get better guidance.

 

[kchemist]

That is RIDICULOUS! The certified translation doesn't have to be done by a professional, it can be done by anyone, including friends, as long as they're not family members and they're willing to certify they're fluent in both English and your local language.

Thanks for the clarification mom just another question, My F1 VISA has expired but my I94 is duration of stay and I have a valid OPT card and I never have gone out of status (F1). Will having an expired VISA become a problem for AOS process?

 

[Speedie]

Mom
Hope you're doing good. Quick question! My wife's employer didn't file taxes for her. She went to the bank and the bank said she must find someone that will do taxes for her. They said the form she must use to file as a contractor is 1009. As for me my company fole taxes for me and there was a time she didn't work and I was the only one working. Now we're stuck with that one. Can you please help us here.

 

[Sm1smom]

Thanks for the clarification mom just another question, My F1 VISA has expired but my I94 is duration of stay and I have a valid OPT card and I never have gone out of status (F1). Will having an expired VISA become a problem for AOS process?

No, it wouldn't. The visa is only needed to come into the U.S.

 

[Sm1smom]

Mom
Hope you're doing good. Quick question! My wife's employer didn't file taxes for her. She went to the bank and the bank said she must find someone that will do taxes for her. They said the form she must use to file as a contractor is 1009. As for me my company fole taxes for me and there was a time she didn't work and I was the only one working. Now we're stuck with that one. Can you please help us here.

You need to talk to a tax consultant to get the filing out of the way ASAP before filing AOS.

 

[kchemist]

Hi Mom
Sorry for having so many questions. In the DS 260 It asks the Alien Registration number, and in a document I saw USCIS number in my OPT card is also the same number. But when I check Yes in the check box it appears a text box to write my number with a letter "A". My USCIS number does not begin with an "A". To make matters worse without the letter "A" it doesnt allow to proceed. What should I do?

 

[Gabra Tulla]

Mom,

Thank you. Indeed my case is confusing. My family can remain behind for as long as I dont cancel the G4 Visa. So I thought until the visa expires that wount be a problem. What if I tell the IO that I work in the US except occassional tour overseas on temporaru assignments?

Many thanks again.

 

[JhonnyBravo]

I485 form questions:
I am f1 OPT.

1) Should I fill Current USCIS status 'F1 OPT', and Expires On <the end date of my EAD>
2) Should I check I am filing AOS because "an immigrant petition giving me an immediately available immigrant visa number that has been approved"
3) Under memberships with organization, should i write details about my university and employer or is it just for military services?
4) Were you inspected by US officer? What does this question mean. Does this mean you were questioned by US immigration officer when entering?
5) have you received public assistance? What does this question mean? Assistance in what? I received some scholarship for my studies.

 

[Sm1smom]

Hi Mom
Sorry for having so many questions. In the DS 260 It asks the Alien Registration number, and in a document I saw USCIS number in my OPT card is also the same number. But when I check Yes in the check box it appears a text box to write my number with a letter "A". My USCIS number does not begin with an "A". To make matters worse without the letter "A" it doesnt allow to proceed. What should I do?

So add the 'A' followed by the rest of the numbers on your OPT card. Heck, you can even leave the Alien number section blank on the DS form, no big deal. You'll have the opportunity of providing the number on your I-485 form and any other form you choose to send with the package.

 

[Sm1smom]

Mom,

Thank you. Indeed my case is confusing. My family can remain behind for as long as I dont cancel the G4 Visa. So I thought until the visa expires that wount be a problem. What if I tell the IO that I work in the US except occassional tour overseas on temporaru assignments?

Many thanks again.

Is that precisely what's going on with your case? As in your organization is simply sending you on a temporary assignment outside the U.S.? That your organization considers the U.S. as your main base and if it wasn't for winning the visa lottery, your family wouldn't be leaving with you?

I can't tell you if it's okay or not, to tell the IO what you've indicated above, that's why I suggested you spend some money and talk to a lawyer. The rule of thumb with immigration matter is to always be truthful, it's never advisable to try and give an answer that somehow fits one's situation if that's not the case. I'm not the person that needs convincing with regards to your case. You can either heed my suggestion about having a one time consultation with a competent immigration attorney who will ease your mind regarding your case, or you proceed as is.

 

[Sm1smom]

I485 form questions:
I am f1 OPT.

1) Should I fill Current USCIS status 'F1 OPT', and Expires On <the end date of my EAD>
2) Should I check I am filing AOS because "an immigrant petition giving me an immediately available immigrant visa number that has been approved"
3) Under memberships with organization, should i write details about my university and employer or is it just for military services?
4) Were you inspected by US officer? What does this question mean. Does this mean you were questioned by US immigration officer when entering?
5) have you received public assistance? What does this question mean? Assistance in what? I received some scholarship for my studies.

1. Just F1 should be okay. Put the expiration date on your I-20 or I-90, whichever is the latest. It works better this way, especially if your I-90 says D/S

2. Select 'H' and write 'DV Lottery winner. Selectee Notification Letter attached'

3. I will put all if I was in your shoes (and if you've served in the military, remember you need to present your military discharge papers)

4. It means did you come in legally into the U.S.? Did an IO admit you or you somehow got into the U.S. illegally? I would assume you came in legally, so select 'Yes'

5. Unauthorized government assistance. Scholarship doesn't fall under public assistance, so select 'No'

 

[kchemist]

So add the 'A' followed by the rest of the numbers on your OPT card. Heck, you can even leave the Alien number section blank on the DS form, no big deal. You'll have the opportunity of providing the number on your I-485 form and any other form you choose to send with the package.

Thanks mom

 

[Speedie]

Mom
Thanks for your help. We sent the e-mail to KCC requesting the DS-260 unlock. They replied and later they sent another e-mail telling us that they unlock the DS-260. We did rectify it and send it back.
Thank you very much for your help.