DV 2016 AOS Only

[kchemist]

If your husband is here in the US and wants to also adjust status, he of course has to submit an AOS package for himself also. If your husband is in the US based on your student visa status, then he has to indicate F2 for his status and D/S for expiry date.

Thanks mom, my husband is also F1 and he is also on OPT. What about the answer to part 2 of the I485 for me and my spouse ?

 

[ASGA]

Hello guys,

Does anyone know how much time should we wait in receive the interview letter after going to the biometric date??

Thank you

ASGA

 

[Sm1smom]

Hello guys,

Does anyone know how much time should we wait in receive the interview letter after going to the biometric date??

Thank you

ASGA

Read this:

1. Hard to define what "too long" is since the IL is FO dependent. Best way to gauge this is to look at the Timelines spreadsheets (both current and past years) to find out how long it took other applicants from your FO to get the interview notification letter.

 

[Sm1smom]

Thanks mom, my husband is also F1 and he is also on OPT. What about the answer to part 2 of the I485 for me and my spouse ?

For yourself, select H and write something like 'DV lottery winner. Selectee Notification Letter attached'. Select 'B' for your husband.

 

[Amir Umarov]

Hello Mom, how are you? I have couple questions about I-134. My sponsor own his own business and gave me his 1120S(Income tax return for an S Corporation). Is that what i need from him and what all documents do i need to get from him? And on i-134 question 8 persons dependent upon him is that he have a wife and 3 young children but the form only has 3 spaces. question 11. where it says intend and do not intend what should be selected?
Thank you very much in advance.

 

[Sm1smom]

Hello Mom, how are you? I have couple questions about I-134. My sponsor own his own business and gave me his 1120S(Income tax return for an S Corporation). Is that what i need from him and what all documents do i need to get from him? And on i-134 question 8 persons dependent upon him is that he have a wife and 3 young children but the form only has 3 spaces. question 11. where it says intend and do not intend what should be selected?
Thank you very much in advance.

AFAIK, a self employed sponsor is supposed to provide his/her form 1099 in support of the affidavit of support which is for his/her personal income filing. If the sponsor wants USCIS to give consideration to their business ownership, like I suspect your sponsor is trying to do, then he needs to include an official report of his company's commercial rating. In addition, you need a copy of the sponsor's GC or US passport.

For question 8, that section should be for his wife, kids and any other family member currently dependent on him (outside of you and your family). He will need to attach an extra sheet of paper if he has to list more than 3 people.

For question 11, he has to select the "intend" box. If he selects the 'do not intend' box, he might as well not provide you with the affidavit to start with.

 

[Amir Umarov]

AFAIK, a self employed sponsor is supposed to provide his/her form 1099 in support of the affidavit of support which is for his/her personal income filing. If the sponsor wants USCIS to give consideration to their business ownership, like I suspect your sponsor is trying to do, then he needs to include an official report of his company's commercial rating. In addition, you need a copy of the sponsor's GC or US passport.

For question 8, that section should be for his wife, kids and any other family member currently dependent on him (outside of you and your family). He will need to attach an extra sheet of paper if he has to list more than 3 people.

For question 11, he has to select the "intend" box. If he selects the 'do not intend' box, he might as well not provide you with the affidavit to start with.

Thank you. Yes, you are right. My sponsor owns a business and he have only himself on a payroll as well. When i asked for W2 or 1099, thats what he gave me. But we have no idea whats commercial rating report. On question 7 he put his company's income on his annual income, and also 45k deposit in savings, and other personal property of 150k with mortgage 180k. Does he needs to proof documents of everything listed?

 

[kchemist]

For yourself, select H and write something like 'DV lottery winner. Selectee Notification Letter attached'. Select 'B' for your husband.

Thank you mom, Jan advanced numbers are released and cutoff for asia is 4150. My number is AS45XX, so in your opinion shall I start the medical test hoping that it will become current next month VB?

 

[Sm1smom]

Thank you. Yes, you are right. My sponsor owns a business and he have only himself on a payroll as well. When i asked for W2 or 1099, thats what he gave me. But we have no idea whats commercial rating report. On question 7 he put his company's income on his annual income, and also 45k deposit in savings, and other personal property of 150k with mortgage 180k. Does he needs to proof documents of everything listed?

If that's all he has in terms of income tax evidence, then that's what you present in this case I suppose. It wouldn't hurt for him to give you a copy of his bank statement too (possibly for the past 3 months) or a letter from his bank in support of the claimed 45K deposit.

 

[Sm1smom]

Thank you mom, Jan advanced numbers are released and cutoff for asia is 4150. My number is AS45XX, so in your opinion shall I start the medical test hoping that it will become current next month VB?

It's really your call whether or not you want to do the medical now or wait. Just bear in mind the medical is now only valid for 6 months, unlike in the past when it used to have a 1 year validity period.

 

[kchemist]

It's really your call whether or not you want to do the medical now or wait. Just bear in mind the medical is now only valid for 6 months, unlike in the past when it used to have a 1 year validity period.

Thank you mom 6 month validity to the day of the interview or until chicago lockbox acceptance? Thank you in advance

 

[Sm1smom]

Thank you mom 6 month validity to the day of the interview or until chicago lockbox acceptance? Thank you in advance

Technically speaking, it should be 6 months to the day the petition is adjudicated (approved or denied), but I suppose 6 months to the day of the interview should still be alright.

 

[Amir Umarov]

If that's all he has in terms of income tax evidence, then that's what you present in this case I suppose. It wouldn't hurt for him to give you a copy of his bank statement too (possibly for the past 3 months) or a letter from his bank in support of the claimed 45K deposit.

Yeah that what he have in terms of income tax, he also got W2's from being in a payroll in his own company but that amount is only 15k, and also this amount is listed in the income statement that he provided me. Thank you very much Mom.

 

[Sm1smom]

Yeah that what he have in terms of income tax, he also got W2's from being in a payroll in his own company but that amount is only 15k, and also this amount is listed in the income statement that he provided me. Thank you very much Mom.

If his personal income is only 15K from the company, he technically may not be an acceptable sponsor. You might want to look into getting another sponsor with an actual personal income that meets the requirements

 

[Amir Umarov]

No i meant the payroll that he put himself on is 15k that is deducted from what company makes annually. The company itself makes way more than that and like i said the income statement that he gave me states all the revenues and expenses that was done.

 

[Amir Umarov]

And he is also the one and only that works/own the company, so basically what company makes a year is what he makes a year isn't that right?

 

[Sm1smom]

No i meant the payroll that he put himself on is 15k that is deducted from what company makes annually. The company itself makes way more than that and like i said the income statement that he gave me states all the revenues and expenses that was done.

I think you're trying too hard to convince me about your friend's eligibility to provide you with an affidavit. Remember, I'm not the person that will be deciding your case. I've given my opinion based on my understanding, if your friend wants to use his company's information, he needs to provide evidence of good commercial rating report. Where to get this report from? I don't know. If you feel the 1120S he's given you is good enough, by all means use it as is. You could be possibly get away with that, I don't know for certain.

The fact that he gets a W-2 from this income with an income of 15K means he must filed a personal tax return on that income. The reason he's not providing the documents for that amount is obviously because it's not enough to make him qualify as a sponsor.

 

[Sm1smom]

And he is also the one and only that works/own the company, so basically what company makes a year is what he makes a year isn't that right?

Not if he's telling the government he personally makes only 15K from the business and claiming the chunk of what he makes as business expense/over head cost. Yes, the business is obviously making more than 15K annually, but your friend is probably claiming less income on record in order to pay little to no personal income tax. He can't then turn around to say he has all of the money the company makes available for him to sponsor someone else. He's already telling the government his personal income available for his personal use is below the poverty guideline to start with. The company in this case is a separate legal entity, different from the owner.

 

[Amir Umarov]

Not if he's telling the government he personally makes only 15K from the business and claiming the chunk of what he makes as business expense/over head cost. Yes, the business is obviously making more than 15K annually, but your friend is probably claiming less income on record in order to pay little to no personal income tax. He can't then turn around to say he has all of the money the company makes available for him to sponsor someone else. He's already telling the government his personal income available for his personal use is below the poverty guideline to start with. The company in this case is a separate legal entity, different from the owner.

The total income after all deductions and payrolls are close to 70k. Yeah now I am very confused and dont know what to do in regards to this situation. I will talk to my sponsor again and clarify couple things with him before deciding something. I was wondering if there is any other way to send the package without i-134? Like for example showing my parents account balance and the letter from them that they supported me throughout 8 years that i have been here and will be supporting me? Im on F1 status will graduate in 1 week, and already applied for OPT. Sorry if i am making things very confusing and stuff. I am so frustrated and dont know what to do right now because i have to send my package by Dec 1.

 

[Sm1smom]

The total income after all deductions and payrolls are close to 70k. Yeah now I am very confused and dont know what to do in regards to this situation. I will talk to my sponsor again and clarify couple things with him before deciding something. I was wondering if there is any other way to send the package without i-134? Like for example showing my parents account balance and the letter from them that they supported me throughout 8 years that i have been here and will be supporting me? Im on F1 status will graduate in 1 week, and already applied for OPT. Sorry if i am making things very confusing and stuff. I am so frustrated and dont know what to do right now because i have to send my package by Dec 1.

Yes, you can submit your AOS package without the affidavit of support. You will have the opportunity of presenting the affidavit at the time of your interview if required.