DV 2017 AOS Only

[beau]

So we should also bring the i485, biographical sheet, medical records, etc to the interview just in case?

Just take them!!!

 

[KING89]

I didn't respond to your initial post because I thought @Wendpanga already gave you the right response, but since you want to read directly from me, okay here goes:

As a F1 visa holder you are required to have a passport with a 6 months validity period as a minimum. An expired passport is a violation of your status. So how recently expired is your passport? The IO may make an issue of it at the time of your interview. Also do you have any other government issued ID? An expired passport isn't a good form (sometimes not an acceptable form) of ID.

Creating a USCIS account is one of the recommended steps on the AOS process spreadsheet, you can decide as to wether it is 'necessary' for you or not.

yes i have a state id valid until july 2017 , since i am graduating in may, i am also currently applying for OPT(the start date: june 2017). My passport expired this past march the 3rd 2017, so am i good?

 

[SoCal90401]

1. Upon the submission and acceptance of your AOS petition, you are expected to remain in the US until the petition gets adjudicated unless you have an approved AP card in which case you may travel out and return using the AP card (you will be paroled, not re-admitted) since you do not have a dual intent visa. Traveling without an AP card will result in your petition being considered abandoned and subsequently denied. AP card processing is 3-4 months.

2. Nope. You're eligible to keep working with your current visa status for as long as its still valid. You continue to work for you current employer.

3. Again for as long as your wife's current EAD is valid, she does not need to switch to an AOS based EAD card. She's able to keep working and there's nothing to inform the current employer about.

Thank you Sm1smom.

Ugh. 3-4 months with no travel will be a particularly challenging hurdle.

Would anyone have experience or success in expediting the process? I've reviewed the "Requests to Expedite Applications or Petitions" page and the only area we may fall under is "Severe financial loss to company or person". I wonder what would be an acceptable reason? Would the loss of employment and resulting financial loss be enough since I won't be able to meet the contractual obligations of my current employment if I can't travel?

 

[Waylor]

I've received a paid internship offer over the summer which I accepted. It wouldn't hurt to bring the offer letter to the interview and show it to the interviewer, will it?

 

[Masooi]

I've received a paid internship offer over the summer which I accepted. It wouldn't hurt to bring the offer letter to the interview and show it to the interviewer, will it?

Basically you should over prepare for the interview. So yes, if you think it might be helpful then bring it. Also please review the AOS process and document worksheet Sm1smom shared, before you ask questios. It shows you a list of documents you should bring.

 

[SoCal90401]

1. Upon the submission and acceptance of your AOS petition, you are expected to remain in the US until the petition gets adjudicated unless you have an approved AP card in which case you may travel out and return using the AP card (you will be paroled, not re-admitted) since you do not have a dual intent visa. Traveling without an AP card will result in your petition being considered abandoned and subsequently denied. AP card processing is 3-4 months.

2. Nope. You're eligible to keep working with your current visa status for as long as its still valid. You continue to work for you current employer.

3. Again for as long as your wife's current EAD is valid, she does not need to switch to an AOS based EAD card. She's able to keep working and there's nothing to inform the current employer about.

Regarding point three, are you suggesting that she does not need to submit the I-765 form with her AOS package since she has a valid EAD card? I assume that after the Green Card is received she submits the I-765 and waits the 3-4 months for the EAD. This would work as her current EAD is valid for another 12 months or so. Are there any pro's or cons I am missing for submitting the I-765 after the Green Card is received?

As for me, it appears that I must submit the I-765 at the time of AOS submission since I don't have an EAD.

 

[Sm1smom]

yes i have a state id valid until july 2017 , since i am graduating in may, i am also currently applying for OPT(the start date: june 2017). My passport expired this past march the 3rd 2017, so am i good?

You really ought to have been on top of things and not allow your passport expire in the first place. Anyway, you'll find out from the IO if you're good or not if you end up having an interview.

 

[Supersonic2016]

Hi Mom,
My friends in the same situation they all have scheduled for the interview and received their interview letter Prior to their Background check completion, I am wondering what wrong is with my case that I have been waiting for 5 months. I thought no one get interview letter till their background check is completed.
FYI, some of them are in the same FO.
Regards,

 

[Sm1smom]

Regarding point three, are you suggesting that she does not need to submit the I-765 form with her AOS package since she has a valid EAD card? I assume that after the Green Card is received she submits the I-765 and waits the 3-4 months for the EAD. This would work as her current EAD is valid for another 12 months or so. Are there any pro's or cons I am missing for submitting the I-765 after the Green Card is received?

As for me, it appears that I must submit the I-765 at the time of AOS submission since I don't have an EAD.

Your understanding of the EAD is flawed. Neither you nor your wife will need an EAD card once you have your GC - the GC authorizes to work for anyone anywhere in the US (except of course for jobs that requires a US citizenship).

The I-765 is supposed to be submitted with your AOS package if you wish to apply for an EAD card. I strongly recommend you take a look at the AOS process spreadsheet for guidance on what forms you need or should submit. The spreadsheet also has additional information on the potential cons of using an AOS based EAD card to undertake authorized employment.

 

[Sm1smom]

Hi Mom,
My friends in the same situation they all have scheduled for the interview and received their interview letter Prior to their Background check completion, I am wondering what wrong is with my case that I have been waiting for 5 months. I thought no one get interview letter till their background check is completed.
FYI, some of them are in the same FO.
Regards,

Are all these friends Iranians like you? And how do you know their background check is still pending? Did they confirm that with their FO?

Some FOs will go ahead and schedule/conduct the interview even when the background check is pending. They just wouldn't make a final decision until the background check clears. There's no rule that says an interview can't take place while the background check is pending.

 

[CountryGirl]

yes i have a state id valid until july 2017 , since i am graduating in may, i am also currently applying for OPT(the start date: june 2017). My passport expired this past march the 3rd 2017, so am i good?

A state ID has nothing to do with your Legal Immigration Status. As an F1 visa holder (I assume you are a student) it is a requirement to maintain your legal status having a valid (not expired) passport. Therefore, as @Sm1smom said, you will have to wait and see if your IO considers this lapse important or not. Because it would be a valid reason to deny your GC.

 

[SoCal90401]

Your understanding of the EAD is flawed. Neither you nor your wife will need an EAD card once you have your GC - the GC authorizes to work for anyone anywhere in the US (except of course for jobs that requires a US citizenship).

The I-765 is supposed to be submitted with your AOS package if you wish to apply for an EAD card. I strongly recommend you take a look at the AOS process spreadsheet for guidance on what forms you need or should submit. The spreadsheet also has additional information on the potential cons of using an AOS based EAD card to undertake authorized employment.

Thanks again Sm1smom. I thought that we still needed EAD's after the GC so thanks for the clarification. Line 81, Column D in the spreadsheet now makes sense. Since my wife and I are currently allowed to work here we wont be submitting the I-765 documents in our AOS package.

 

[SusieQQQ]

You really ought to have been on top of things and not allow your passport expire in the first place. Anyway, you'll find out from the IO if you're good or not if you end up having an interview.

A state ID has nothing to do with your Legal Immigration Status. As an F1 visa holder (I assume you are a student) it is a requirement to maintain your legal status having a valid (not expired) passport. Therefore, as @Sm1smom said, you will have to wait and see if your IO considers this lapse important or not. Because it would be a valid reason to deny your GC.

Question - I understood maintaining a valid status at all times was a requirement to be eligible for AOS. These posts make it sound like the expired passport may or may not result in denial. Surely if having an unexpired passport is a condition of remaining in status, then it will be a certain denial as the passport has expired? Or did I misunderstand something?

 

[Sm1smom]

Question - I understood maintaining a valid status at all times was a requirement to be eligible for AOS. These posts make it sound like the expired passport may or may not result in denial. Surely if having an unexpired passport is a condition of remaining in status, then it will be a certain denial as the passport has expired? Or did I misunderstand something?

If the IO misses the fact that the OP has an expired passport, denial is not certain.

Plus because this is one of the few instances where a student falls out of status, a status reinstatement may be possible under certain circumstances.

Because eligibility for status reinstatement may be possible if:
- the student hasn't been out of status for more than 5 months,
- the violation is as a result of situations outside of the student's control
- student is currently pursuing a full time course of study with the institute that issued the I-20
- student has not engaged in unauthorized employment
- student is not deportable on any other ground outside of failing to maintain status

The IO may therefore (if he/she notices the expired passport), use their discretion to approve the AOS petition.

 

[mira88]

If the IO misses the fact that the OP has an expired passport, denial is not certain.

Plus because this is one of the few instances where a student falls out of status, a status reinstatement may be possible under certain circumstances.

Because eligibility for status reinstatement may be possible if:
- the student hasn't been out of status for more than 5 months,
- the violation is as a result of situations outside of the student's control
- student is currently pursuing a full time course of study with the institute that issued the I-20
- student has not engaged in unauthorized employment
- student is not deportable on any other ground outside of failing to maintain status

The IO may therefore (if he/she notices the expired passport), use their discretion to approve the AOS petition.

yes i have a state id valid until july 2017 , since i am graduating in may, i am also currently applying for OPT(the start date: june 2017). My passport expired this past march the 3rd 2017, so am i good?

Can you apply for a new passport and take it with you to the interview? I checked with my international student advisor once and having an expired passport for a short period of time should not affect your status. But you should check with your advisor at the university and renew your passport ASAP.

 

[KING89]

Can you apply for a new passport and take it with you to the interview? I checked with my international student advisor once and having an expired passport for a short period of time should not affect your status. But you should check with your advisor at the university and renew your passport ASAP.

The thing is I have never been out of status, I've always been a full time student , I kept extending my I-20 since at some point of time i changed major , and my I-20 is still valid until may when I graduate and I'm currently applying for an OPT at the same time .

 

[KING89]

Yeah I will apply for a new one in 1 or 2 months because the ambassy of my country only allow us to renew it every 5 years , but I don't know if by then I'll have it renewed

 

[mira88]

The thing is I have never been out of status, I've always been a full time student , I kept extending my I-20 since at some point of time i changed major , and my I-20 is still valid until may when I graduate and I'm currently applying for an OPT at the same time .

I don't think that this will put you out of status but you need to start the process of getting a new passport very soon.

 

[Waylor]

I'm going to bring my I485 and biographical sheet to the interview. I'm making the format nicer so it looks much neater, when printing them out and signing and dating, which date should I put? The date on the original I485 and biographical sheet that was sent with my AOS package or today's date?

Also, should I add my A number to these forms since I now have one?

 

[Supersonic2016]

Are all these friends Iranians like you? And how do you know their background check is still pending? Did they confirm that with their FO?

Some FOs will go ahead and schedule/conduct the interview even when the background check is pending. They just wouldn't make a final decision until the background check clears. There's no rule that says an interview can't take place while the background check is pending.

Yes they are Iranians and we are in touch and some of them are in the same FO. Being Paranoid about a young man who traveled a lot made this fraustration to me.