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DV 2016 AOS Only

Sm1smom said:
Read the following post:



And this:
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Thank you so much Mom, I'm so embarrassing because I missed these 2 important posts from the past... So basically If I want I can apply for it. But my interview might come earlier than EAD card and AP arrive right? And I want to make sure one thing, We are currently F1 student visa. I know it's non-dual intent visa. If we apply for EAD and AP card we can't get F1 visa anymore? That what you meant? Or no matter when I apply for I-485 I can't get F1 anymore even my I-485 will be denied? This part I didn't really get it... Sorry it's probably my language issue.
 
asgcdgod said:
Thank you so much Mom, I'm so embarrassing because I missed these 2 important posts from the past... So basically If I want I can apply for it. But my interview might come earlier than EAD card and AP arrive right? And I want to make sure one thing, We are currently F1 student visa. I know it's non-dual intent visa. If we apply for EAD and AP card we can't get F1 visa anymore? That what you meant? Or no matter when I apply for I-485 I can't get F1 anymore even my I-485 will be denied? This part I didn't really get it... Sorry it's probably my language issue.
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Yes, apply for the card if you think it's worth it regardless of the cons already listed above. Yes, your interview could possibly be scheduled before you receive the AP/EAD card.

No, I never said if you apply for an AP/EAD card you can't get F1 visa anymore. What I said was if you USE the AP/EAD to travel or work while your AOS petition is pending and the AOS petition eventually gets denied, you can no longer revert back to a F1 status.

Also because the F1 visa is not a dual intent visa and you've already declared an immigrant intent by submitting the DS-260 form, if your AOS petition gets denied for some reason and you travel out of the U.S. after that and need to apply for a new F1 visa to return (assuming your current F1 visa expires), the embassy may deny that application because of the immigrant intent you've already demonstrated.
 
what are some reasons your for AOS getting denied? For people already in USA and DV lottery winners and having followed the excel sheet.
 
JhonnyBravo said:
I have to apply for OPT extension in November, so that they can renew which is expiring on January 15. Any suggestions?
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You should go ahead and apply for the OPT extension, you want to ensure you don't go out of status during the entire process.
 
Sm1smom said:
Yes, apply for the card if you think it's worth it regardless of the cons already listed above. Yes, your interview could possibly be scheduled before you receive the AP/EAD card.

No, I never said if you apply for an AP/EAD card you can't get F1 visa anymore. What I said was if you USE the AP/EAD to travel or work while your AOS petition is pending and the AOS petition eventually gets denied, you can no longer revert back to a F1 status.

Also because the F1 visa is not a dual intent visa and you've already declared an immigrant intent by submitting the DS-260 form, if your AOS petition gets denied for some reason and you travel out of the U.S. after that and need to apply for a new F1 visa to return (assuming your current F1 visa expires), the embassy may deny that application because of the immigrant intent you've already demonstrated.
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Thank you for quick response and kind message. I understand 90% of it. So my another question is... I've already submitted DS-260 that means my F1 visa already expired? Or It's not expired yet but it's hard to get another one if next time I will get F1 visa?
And do you have any idea how much percent of people got denied until now? I know it's stupid question, but I just curious... Now I'm crazy worry about everthing :(
 
asgcdgod said:
Thank you for quick response and kind message. I understand 90% of it. So my another question is... I've already submitted DS-260 that means my F1 visa already expired? Or It's not expired yet but it's hard to get another one if next time I will get F1 visa?
And do you have any idea how much percent of people got denied until now? I know it's stupid question, but I just curious... Now I'm crazy worry about everthing :(
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Seems to me like you are confusing the terms F1 status and F1 visa.

Submitting the DS260 does not lead to visa expiration. It simply makes it harder to be approved for a new F1 visa if the need arises. To know the whether your current F1 visa has expired or not, or to know its expiry date, check the date printed on the visa in your passport. Mind you, the printed visa is basically the document that allows you to travel into the U.S. so the date on the visa itself does not determine if your current status has expired on that. The expiration date of your current status is based on what's written on either your I-20 or I-90, whichever is the latest.

And no, I don't know have a number as to how many people have been denied.
 
Sm1smom said:
Seems to me like you are confusing the terms F1 status and F1 visa.

Submitting the DS260 does not lead to visa expiration. It simply makes it harder to be approved for a new F1 visa if the need arises. To know the whether your current F1 visa has expired or not, or to know its expiry date, check the date printed on the visa in your passport. Mind you, the printed visa is basically the document that allows you to travel into the U.S. so the date on the visa itself does not determine if your current status has expired on that. The expiration date of your current status is based on what's written on either your I-20 or I-90, whichever is the latest.

And no, I don't know have a number as to how many people have been denied.
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Oh I see, now I understand perfectly. Thank you so much!
 
Finally got the entire contents of my AOS package filled out and put together - now just waiting for my 2nd NL to come through so I can include it and then just need to have some US-sized passport photos taken and I'm done. I'm not going to file early and risk being denied - I am going to wait until the first day of October!

Mom, thank you for all your help along the way despite all the stupid questions I may have asked. It has truly been appreciated :)
 
Hi,

- While I was filling DS-260, I answered "no" to the question "Other names used" but I had totally forgotten that my parents changed our last name when I was 4 years old. Do you think that I need to ask them to unlock my form and correct it? Does it make any delay in my process (my CN is current in Oct)?

- My birth certificate is in my native language, do I need to officially translate it or I can do it by myself? Thanks!
 
lynnie11 said:
Finally got the entire contents of my AOS package filled out and put together - now just waiting for my 2nd NL to come through so I can include it and then just need to have some US-sized passport photos taken and I'm done. I'm not going to file early and risk being denied - I am going to wait until the first day of October!

Mom, thank you for all your help along the way despite all the stupid questions I may have asked. It has truly been appreciated :)
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Don't thank me yet, let's get the GC first ;)
 
Sm1smom said:
Don't thank me yet, let's get the GC first ;)
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I know we discussed form I-131 earlier when I had some questions about leisure travel... but I have an entire company (work) trip scheduled for late January 2016 (it's a cruise so we will be leaving port from Tampa and heading to Mexico and back)... What are my options here? If my interview is scheduled before this, approved and I'm just waiting to receive the GC, does this mean I can leave without a problem... or does this mean I will still need to submit the I-131 with my AOS package in order to leave for the cruise?

I know you said that if I submit the I-131 "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)" - I see this as being a problem... and I'm not really sure how to go about it?
 
Hi Mom
I am current for October. AS1xxx. I have scheduled medicals this Monday, August 31st. I paid DV fee 330 and waiting for receipt. I haven't got 2NL yet. Am I doing it too early?
 
lynnie11 said:
I know we discussed form I-131 earlier when I had some questions about leisure travel... but I have an entire company (work) trip scheduled for late January 2016 (it's a cruise so we will be leaving port from Tampa and heading to Mexico and back)... What are my options here? If my interview is scheduled before this, approved and I'm just waiting to receive the GC, does this mean I can leave without a problem... or does this mean I will still need to submit the I-131 with my AOS package in order to leave for the cruise?

I know you said that if I submit the I-131 "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)" - I see this as being a problem... and I'm not really sure how to go about it?
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Hmmm no. I don't think I said "if you submit ..." I'm pretty sure I must have said something like if you use the EAD card to re-enter the U.S., then you're no longer regarded as being in your previous visa status ... Big difference.

If you're approved before the trip and are simply waiting for the GC, you can request an I-551 stamp from your FO. The I-551 stamp is a temporary GC which can be used in place of the actual GC.

You can include form I-131 with your AOS package and make the call whether you need to use it or not when it's time to go on the cruise or whether you really want to go on the cruise if your GC petition hasn't been approved knowing fully well upon re-entering with the AP card your status changes to adjustment pending and the consequences of that if the GC petition is denied.
 
Sm1smom said:
Hmmm no. I don't think I said "if you submit ..." I'm pretty sure I must have said something like if you use the EAD card to re-enter the U.S., then you're no longer regarded as being in your previous visa status ... Big difference.

If you're approved before the trip and are simply waiting for the GC, you can request an I-551 stamp from your FO. The I-551 stamp is a temporary GC which can be used in place of the actual GC.

You can include form I-131 with your AOS package and make the call whether you need to use it or not when it's time to go on the cruise or whether you really want to go on the cruise if your GC petition hasn't been approved knowing fully well upon re-entering with the AP card your status changes to adjustment pending and the consequences of that if the GC petition is denied.
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This makes perfect sense - thank you for clearing that up for me! And if I do include the I-131 with my AOS package, as I am currently an E3 visa holder, this means I need to submit a $360 additional payment to cover the cost of filing this form?
 
lynnie11 said:
This makes perfect sense - thank you for clearing that up for me! And if I do include the I-131 with my AOS package, as I am currently an E3 visa holder, this means I need to submit a $360 additional payment to cover the cost of filing this form?
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Nope. No payment required if filed with an I-485. Same with form I-765.
 
Sm1smom said:
Nope. No payment required if filed with an I-485. Same with form I-765.
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This makes me super happy - OK, thank you. Think I'll include it just to be safe... If I have had my interview by then and I'm just waiting for my GC, I'll do what you recommended and ask for the I-551 stamp. If not, I will probably just not go to avoid the risk associated with leaving the US. Thanks again!
 
AJ1980 said:
Hi,

- While I was filling DS-260, I answered "no" to the question "Other names used" but I had totally forgotten that my parents changed our last name when I was 4 years old. Do you think that I need to ask them to unlock my form and correct it? Does it make any delay in my process (my CN is current in Oct)?

- My birth certificate is in my native language, do I need to officially translate it or I can do it by myself? Thanks!
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Not sure if you're processing AOS or CP, but I will still go ahead and answer your questions:

If you're already scheduled for an October interview (assuming you're processing CP), it's too late to unlock the DS form. If you're processing AOS, you can still go ahead and request for the form to be unlocked.

You do not need an official translator to translate your B/C and you cannot translate it yourself either. You do need a third part with no vested interest in your GC success to translate it though, and this person will need to include a signed certification attesting to their fluency in both English and the language in which the B/C is issued.
 
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