DV 2016 AOS Only

[Sm1smom]

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.

That's good. The response rate seem surprisingly fast, but it's good. Thanks for the update.

 

[Speedie]

Mom
I also sent you a message with regards to W2 and tax filing. Apparently we did file fkor taxes. We call the person that was doing taxes for us and she said she have our 1009 and W2 so we set for taxes as well. I thought let me give you an update on that one as well. Thanks again for your help.

 

[Sm1smom]

Mom
I also sent you a message with regards to W2 and tax filing. Apparently we did file fkor taxes. We call the person that was doing taxes for us and she said she have our 1009 and W2 so we set for taxes as well. I thought let me give you an update on that one as well. Thanks again for your help.

Cool

 

[Gabra Tulla]

Mom,

I hope you are well. I keep coming back. One more thing, is there any option, avenue for us to change status of our G4 visa into something else like F or M visa to give my spouse allowance to remain in the US and process AOS?
I mean we are exploring all options/ We visited attorney and things are getting more complicated. We are told to consider Obama amnesty option to maintain status during the course of AOS processing if I have to leave the US and lose G4 status. We really need help.

 

[Sm1smom]

Mom,

I hope you are well. I keep coming back. One more thing, is there any option, avenue for us to change status of our G4 visa into something else like F or M visa to give my spouse allowance to remain in the US and process AOS?
I mean we are exploring all options/ We visited attorney and things are getting more complicated. We are told to consider Obama amnesty option to maintain status during the course of AOS processing if I have to leave the US and lose G4 status. We really need help.

I'm sorry for how things are looking for you. Unfortunately, like I stated before there's almost nothing I can do once the case isn't a straightforward DV based AOS, which is why I told you you needed to speak with an immigration attorney, I'm not a lawyer and I don't pretend to know more than they do regarding other aspects of immigration. I honestly don't know about the possibility of a F or M COS from a G4 visa. It's something you should have asked the attorney.

Remind me again though, what's your CN, and when are you likely to be posted out of the U.S.?

 

[SusieQQQ]

What is an M visa?
Surely there is a problem changing to an F visa as you have to declare non-immigrant intent, but they are doing it with intent to adjust status?

 

[Gabra Tulla]

Mom,

I understand, thank you for your kind assistance. My CN is AF201600034xxx. I am likely to be posted out in June. At the moment, I am thinking of leaving behind my family and sort out this matter. I hope to succeed. I am not afraid of failure because a decision must be made.

 

[Sm1smom]

What is an M visa?
Surely there is a problem changing to an F visa as you have to declare non-immigrant intent, but they are doing it with intent to adjust status?

An M visa is a non academic or vocational student visa.

Yes, the basis of the change is to enable them have a continuous legal presence to ultimately process AOS. And yes, they already have an immigrant intent which is not compatible with a NIV application. But they may have a leeway with the 30-60-90 days rule especially in view of the fact that they're already legally in the U.S.

 

[SusieQQQ]

An M visa is a non academic or vocational student visa.

Yes, the basis of the change is to enable them have a continuous legal presence to ultimately process AOS. And yes, they already have an immigrant intent which is not compatible with a NIV application. But they may have a leeway with the 30-60-90 days rule especially in view of the fact that they're already legally in the U.S.

Maybe it's situations like this that are why this is the case:

A dependent spouse or child cannot change his/her nonimmigrant status while still eligible to hold G-4 status. The U.S. State Department does not allow a dependent G-4 visa holder to change status to a different nonimmigrant visa (e.g., F-1 student visa or H-1B temporary worker) as long as he or she is eligible for, and entitled to, a G-4 visa.

https://www.imf.org/external/np/adm/rec/policy/oth/g4.htm

Does that mean they would have to leave the U.S. and then apply for the F or M before they come back, otherwise they will be out of status between them? Or is there anothe loophole there?

 

[Sm1smom]

Maybe it's situations like this that are why this is the case:

A dependent spouse or child cannot change his/her nonimmigrant status while still eligible to hold G-4 status. The U.S. State Department does not allow a dependent G-4 visa holder to change status to a different nonimmigrant visa (e.g., F-1 student visa or H-1B temporary worker) as long as he or she is eligible for, and entitled to, a G-4 visa.

https://www.imf.org/external/np/adm/rec/policy/oth/g4.htm

Does that mean they would have to leave the U.S. and then apply for the F or M before they come back, otherwise they will be out of status between them? Or is there anothe loophole there?

Yep (to the first part of your post).

No, (to the last part), they do not have to depart from the U.S. They can file a COS (change of status) petition from within the U.S. about 60 days (if I'm not mistaken on that number) before the end of their G4 status, which I believe in this case will be when the G visa PA is expected to take up his new assignment outside the U.S.

 

[lynnie11]

Hey Mom - quick question. My current E3 visa expires in February of 2016. Looking at the DV 2015 AOS Timelines, those with case numbers close to mine (OC mid one hundreds) didn't receive their GC until January/February of 2015.

Do you recommend just waiting and seeing if mine is all cleared and received before January 2016? If it looks like I won't be getting it that quickly, I'm assuming I'd need to re-apply for my E3 visa renewal since it will expire in Feb 2016?

Not sure if that made sense - hope it did though.

Thank you in advance

 

[Sm1smom]

Hey Mom - quick question. My current E3 visa expires in February of 2016. Looking at the DV 2015 AOS Timelines, those with case numbers close to mine (OC mid one hundreds) didn't receive their GC until January/February of 2015.

Do you recommend just waiting and seeing if mine is all cleared and received before January 2016? If it looks like I won't be getting it that quickly, I'm assuming I'd need to re-apply for my E3 visa renewal since it will expire in Feb 2016?

Not sure if that made sense - hope it did though.

Thank you in advance

No you wouldn't need to apply for a renewal. As long as your AOS petition is officially accepted by USCIS, evidenced by the issuance of a NOA, you're considered to be in legal status even if the AOS petition hasn't been approved as at the time of the E-3 visa expiration date (Feb 2016). Unless the AOS petition, for some reason gets denied (and I can't think of why), which will now make you to be out of status, you should be fine.

 

[lynnie11]

No you wouldn't need to apply for a renewal. As long as your AOS petition is officially accepted by USCIS, evidenced by the issuance of a NOA, you're considered to be in legal status even if the AOS petition hasn't been approved as at the time of the E-3 visa expiration date (Feb 2016). Unless the AOS petition, for some reason gets denied (and I can't think of why), which will now make you to be out of status, you should be fine.

Makes perfect sense! Thanks so much

 

[lynnie11]

No you wouldn't need to apply for a renewal. As long as your AOS petition is officially accepted by USCIS, evidenced by the issuance of a NOA, you're considered to be in legal status even if the AOS petition hasn't been approved as at the time of the E-3 visa expiration date (Feb 2016). Unless the AOS petition, for some reason gets denied (and I can't think of why), which will now make you to be out of status, you should be fine.

One more stupid question - So once that AOS petition is officially accepted by USCIS and the NOA is issued, if that puts me in legal status, does that mean I still need to remain within the USA until the actual GC is issued (likely in early 2016)? Sorry for all the questions - was planning to venture overseas for Thanksgiving break and Christmas break, so just trying to figure out if this is still a possibility or not. I know I read earlier that you should probably stay put in the USA during the paperwork process. Thank you!

 

[Sm1smom]

One more stupid question - So once that AOS petition is officially accepted by USCIS and the NOA is issued, if that puts me in legal status, does that mean I still need to remain within the USA until the actual GC is issued (likely in early 2016)? Sorry for all the questions - was planning to venture overseas for Thanksgiving break and Christmas break, so just trying to figure out if this is still a possibility or not. I know I read earlier that you should probably stay put in the USA during the paperwork process. Thank you!

Once the I-485 is submitted and accepted, you're required to remain in the U.S. until the petition is approved unless you include form I-131, AP (Advanced Parole) with your I-485 package. If you travel out of the U.S. without an approved AP card while your AOS petition is pending, your case would be considered abandoned.

 

[lynnie11]

Once the I-485 is submitted and accepted, you're required to remain in the U.S. until the petition is approved unless you include form I-131, AP (Advanced Parole) with your I-485 package. If you travel out of the U.S. without an approved AP card while your AOS petition is pending, your case would be considered abandoned.

So once I submit my AOS package, I should remain in the USA until my Green Card is received in early 2016 - correct?

If I submit I-131, AP and pay the $360 fee with my AOS package, this will allow me to enter in and out of the US without any problems. Does it allow for multiple re-entries or just one? Reading the USCIS site, it says AP will only be granted for the following:

• Educational purposes, such as semester abroad programs or academic research;
• Employment purposes, such as overseas assignments, interviews, conferences, training, or meetings with clients; or
• Humanitarian purposes, such as travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.

One of my reasons for leaving the USA would be for work conferences overseas, but another reason would just be for leisure travel which it seems isn't listed in the above. Does this mean AP does not cover leisure travel?

 

[Sm1smom]

So once I submit my AOS package, I should remain in the USA until my Green Card is received in early 2016 - correct?

If I submit I-131, AP and pay the $360 fee with my AOS package, this will allow me to enter in and out of the US without any problems. Does it allow for multiple re-entries or just one? Reading the USCIS site, it says AP will only be granted for the following:

• Educational purposes, such as semester abroad programs or academic research;
• Employment purposes, such as overseas assignments, interviews, conferences, training, or meetings with clients; or
• Humanitarian purposes, such as travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.

One of my reasons for leaving the USA would be for work conferences overseas, but another reason would just be for leisure travel which it seems isn't listed in the above. Does this mean AP does not cover leisure travel?

No fee required for an AP card if the application is submitted together with an AOS petition, or with an evidence of a submitted AOS petition. And yes, it allows for multiple entry. The only caveat with using an AP card to re-enter the U.S. especially for someone whose current visa status isn't likely to expire prior to the adjudication of the AOS petition is that once the AP card is used, the user is no longer regarded as being in the previous visa status, they're now viewed as being in an adjustment pending status, and if the AOS petition is denied, the person cannot revert back to the previous visa status (excerpt in the case of someone having a dual purpose IV).

Having an AP card on hand does not guarantee a re-entry, it's done at the discretion of the CBP agent at the POE. Depending on how the "leisurely" reason is worded on the application form, an AP card may cover leisure travels. Considering the fact that AP cards typically takes about 2-3 months to get issued, it's been shown to be of little to no value to most DV based AOS petitioner's.

 

[Gabra Tulla]

Dear Mom,

I have spoken with the arttoney. Apparently the only way out for us is to changes status as soon as the G4 is rendered invalid (30 days) after cancellation or automatically when principal holder leaves USA.
As I grapple with this, one final question. We have already filed our DS 260 and in it, we included every member of the family (Parents and children). My spouse is included on 260, to migrate with me to US. But he is intending not to file AOS with the rest of us as he will be away. Do we need to make any changes to DS 260 or we just let it as it is and leave him out in when filing AOS package for processing?

 

[Sm1smom]

Dear Mom,

I have spoken with the arttoney. Apparently the only way out for us is to changes status as soon as the G4 is rendered invalid (30 days) after cancellation or automatically when principal holder leaves USA.
As I grapple with this, one final question. We have already filed our DS 260 and in it, we included every member of the family (Parents and children). My spouse is included on 260, to migrate with me to US. But he is intending not to file AOS with the rest of us as he will be away. Do we need to make any changes to DS 260 or we just let it as it is and leave him out in when filing AOS package for processing?

And that's exactly what I've been trying to communicate to you all along, I also covered it in the PM I sent you - did you see the PM?

Now, we're getting somewhere. You will need to contact KCC and request for them to unlock your DS-260 form and indicate your spouse will be immigrating at a later date to join you. After updating and submitting the form, then I suggest you send KCC another email stating that your spouse will not be adjusting status with you, this will ensure they don't hold on to your file waiting for his payment when your FO contacts them to request the case file - KCC has held on to files before due to what they consider incomplete DV payment.

 

[Gabra Tulla]

Mom, I guess there is a light at the end of tunnel. After I make changes to my DS 260 as per your guidance here do I then exclude his DS260 completely?