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DV 2017 AOS Only

Hi Mom,

Based on the reasons of Charles.M denial, i am a bit worried too. I am currently on an H1B visa.

I traveled out of the country (not to my home country) for vacation in May 2016 (last week in May) and returned June 2016. I completed the DS260 form on July 20, 2016 (44 days from when i returned to the US). I traveled out of the country again (not to my home country) in September and returned first week of October. I requested my DS260 form gets unlocked to make some changes which i forgot to include initially. My second/updated DS260 form was submitted 11/1/2016 (26 days period from when i returned to the US). I sent in my AOS package 3/27/2017. My questions are:

1. With a H1-B visa status, did i break the 30-60-90 days rule?
2. Am I at risk of getting denied with all the information provided above?
 
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angel_A said:
Hi Mom,

Based on the reasons of Charles.M denial, i am a bit worried too. I am currently on an H1B visa.

I traveled out of the country (not to my home country) for vacation in May 2016 (last week in May) and returned June 2016. I completed the DS260 form on July 20, 2016 (44 days from when i returned to the US). I traveled out of the country again (not to my home country) in September and returned first week of October. I requested my DS260 form gets unlocked to make some changes which i forgot to include initially. My second/updated DS260 form was submitted 11/1/2016 (26 days period from when i returned to the US). I sent in my AOS package 3/27/2017. My questions are:

1. With a H1-B visa status, did i break the 30-60-90 days rule?
2. Am I at risk of getting denied with all the information provided above?
Click to expand...
H1B is a dual-intend visa. You don't need to worry.
 
Sm1smom said:
However, the fact that you already declared your immigrant intent with the submission of your DS260 form prior to your departure from the US will most likely count in your favor should that be the case.
Click to expand...

Can you explain why this is the case? I would have thought it just underscored coming in on a NIV with immigrant intent? Or is it because immigration should have questioned them on the way in at the time? Or...?
 
Vanessa__m1 said:
Hello,
Me and my husband submitted in october the DS 260 form and after that we traveled to our home country. After that we enetred the US on our E-2 visas in February and sent the AOS package 2 weeks after that. Do you think that we are facing a denial due to the 30-60-90 days rule? I am really worried because the E-2 visa isn't one with a dual intend.
Click to expand...

I guess it depends of the IO, because I did the same thing. I submitted the DS260 and I traveled to my country for vacations after that and I returned with a NIV with immigrant intent... However, the IO never asked me about exact dates of travelling, I just answered him that I travel at least once a year to see my family and friends, no details. He could have checked my passport, but I guess he didn't match the dates.

My advice, be confident about your answers at the interview and don't give too much information. ;) Good Luck!
 
CountryGirl said:
I guess it depends of the IO, because I did the same thing. I submitted the DS260 and I traveled to my country for vacations after that and I returned with a NIV with immigrant intent... However, the IO never asked me about exact dates of travelling, I just answered him that I travel at least once a year to see my family and friends, no details. He could have checked my passport, but I guess he didn't match the dates.

My advice, be confident about your answers at the interview and don't give too much information. ;) Good Luck!
Click to expand...
Thank you for your response. Did you send your AOS package two weeks after entering the US like us? And if you don't mind me asking which was your FO?
 
SusieQQQ said:
Can you explain why this is the case? I would have thought it just underscored coming in on a NIV with immigrant intent? Or is it because immigration should have questioned them on the way in at the time? Or...?
Click to expand...

Immigration should have questioned them on their declared immigrant intent on the way back in, but they didn't. If questioned, the OP was obliged to have truthfully answered, which probably would have led to none re-admission.
 
angel_A said:
Hi Mom,

Based on the reasons of Charles.M denial, i am a bit worried too. I am currently on an H1B visa.

I traveled out of the country (not to my home country) for vacation in May 2016 (last week in May) and returned June 2016. I completed the DS260 form on July 20, 2016 (44 days from when i returned to the US). I traveled out of the country again (not to my home country) in September and returned first week of October. I requested my DS260 form gets unlocked to make some changes which i forgot to include initially. My second/updated DS260 form was submitted 11/1/2016 (26 days period from when i returned to the US). I sent in my AOS package 3/27/2017. My questions are:

1. With a H1-B visa status, did i break the 30-60-90 days rule?
2. Am I at risk of getting denied with all the information provided above?
Click to expand...

You're on a H-1B visa which is a dual intent visa, preconceived immigrant intent is not an issue in this case.
 
Vanessa__m1 said:
Thank you for your response. Did you send your AOS package two weeks after entering the US like us? And if you don't mind me asking which was your FO?
Click to expand...

No, I traveled in June and my number became current in November. Therefore, I sent my package 5 months later.
My FO is Los Angeles, CA. (You have all my info in my signature if you want to check it)
 
Is proof of income and tax returns absolutely required for the last 3 years or are the last months enough? Is if mandatory to show bank statements? Anyone went through the interview already?
 
Sm1smom said:
Ha! That makes things clearer. The DS260 submission date is what she's basing the denial on I'm guessing, and technically speaking, she's right.

That was a big mistake on your part. You entered the US on a NIV - which basically tells immigration you plan on going back to your home country at the end of your studies, and the very next day you submitted an official document telling them you now plan on adjusting status and will not be going back home. That means you entered the US on a NIV with a preconceived immigrant intent, that is a No, No!

The 30-60-90 days rule at play here. Declaring an immigrant intent within 30 days of entering the US on a NIV leaves you at risk of being accused of having a preconceived immigrant intent. If you had sort my opinion, I would have recommended waiting at least 60 days, and if possible 90 days following your return before submitting the DS260 form. I'm not even comfortable with the 30 days wait some recommend.

Well since you don't have an official decision yet, all you can do right now is wait, and pray - if you believe in prayers. Returning your passport back to you doesn't mean anything, the passport is never kept in AOS. It is possible upon further review of your case, especially by a supervisor the initial decision to deny may be reserved and you get approved. If there's no update by the end of June, go on an INFOPASS visit to your FO to follow up on the case.
Click to expand...

Dear Sm1smom, thanks again !!!

Yes, definitely I pray with full hope. I never think my one small mistake costs this much to me and actually I were unaware about this 30-60-90 days rule. As you suggested, I just wait and go for INFOPASS. Meantime, I have been suggested to request Congressperson to ask my FO for reviewing my case and some ombudsman requesting, does this help? I have no idea about these things and most importantly, I already lost an great opportunity, I don't want it to affect my ongoing study and current F1 status.

I am asking few questions on behalf of my friends (from my country) as well. Please help him. He graduated from the US and went back to his country. He got his F1 already for his post graduate and his class starts in August Season. He is still in his home country. He selected for DV2018 with lower CN (will be current in Oct). Now, considering my case, he is doing CP from his country. Now his concerns are:

1. Breach of F1 visa (i.e. not coming in the US in stipulated time using F1 visa) will affect his DV program? If yes, how can he cancel this visa?
2. If he need not to cancel this visa, he may use this visa later for the same university and same course (visa is valid till 2022) in case he is not success to get GC under DV? (the university will issue new I-20)
3. On the other hand, still you suggest him to come the US and apply for AOS after considering 30-60-90 days rule? He is very much afraid to do this seeing my case and he does not wish to be a looser like me.

Please assist so he will not face the same fate as mine.

Thanks. God Bless !!!
 
D.D said:
Is proof of income and tax returns absolutely required for the last 3 years or are the last months enough? Is if mandatory to show bank statements? Anyone went through the interview already?
Click to expand...

Don't duplicate the same post on multiple threads. Post once and wait for a response. Your questions have been answered on the 2018 AOS thread.
 
Charles.M said:
Dear Sm1smom, thanks again !!!

Yes, definitely I pray with full hope. I never think my one small mistake costs this much to me and actually I were unaware about this 30-60-90 days rule. As you suggested, I just wait and go for INFOPASS. Meantime, I have been suggested to request Congressperson to ask my FO for reviewing my case and some ombudsman requesting, does this help? I have no idea about these things and most importantly, I already lost an great opportunity, I don't want it to affect my ongoing study and current F1 status.

I am asking few questions on behalf of my friends (from my country) as well. Please help him. He graduated from the US and went back to his country. He got his F1 already for his post graduate and his class starts in August Season. He is still in his home country. He selected for DV2018 with lower CN (will be current in Oct). Now, considering my case, he is doing CP from his country. Now his concerns are:

1. Breach of F1 visa (i.e. not coming in the US in stipulated time using F1 visa) will affect his DV program? If yes, how can he cancel this visa?
2. If he need not to cancel this visa, he may use this visa later for the same university and same course (visa is valid till 2022) in case he is not success to get GC under DV? (the university will issue new I-20)
3. On the other hand, still you suggest him to come the US and apply for AOS after considering 30-60-90 days rule? He is very much afraid to do this seeing my case and he does not wish to be a looser like me.

Please assist so he will not face the same fate as mine.

Thanks. God Bless !!!
Click to expand...

You can't do anything about your case until you receive a formal decision. Your congressman or the ombudsman cannot request USCIS to review a decision that's already been made, that will be like arm twisting them. Those two bodies only assist with following up on a case that's pending - I've already provided you with the options that are open to you after you receive a denial letter - you pay to appeal the decision or request them to reopen and review the case.

As for your friend:

1. There is no such thing as a breach of an unused visa. He's not obligated to use the visa. None use of it has no impact on his DV selection.

2. I don't know. I only answer questions on DV related AOS cases.

3. No I do not suggest for him to come into the US with a preconceived immigrant intent on the basis of his being able to apply the 30-60-90 days rule clause. That would have been applicable in your case (if you had followed it) because you were already in the US and only took a temporary trip outside. It's not the same scenario with your family - he is coming in for the first time, not already based in the US. He should stay back and process CP.
 
Anyone have any experiences with the Boston field office? Our case was received on January 19. We made an infopass on April 12. They said our background check was completed, they were just waiting to schedule the interview. We are trying to schedule a second infopass. Any thoughts?
 
D.i.D.i. said:
Anyone have any experiences with the Boston field office? Our case was received on January 19. We made an infopass on April 12. They said our background check was completed, they were just waiting to schedule the interview. We are trying to schedule a second infopass. Any thoughts?
Click to expand...

Yes, there are people with experiences from the Boston FO. Take a look at the Timelines spreadsheets from 2011 to date to get an idea of the applicable processing time for your FO and others.
 
D.i.D.i. said:
Anyone have any experiences with the Boston field office? Our case was received on January 19. We made an infopass on April 12. They said our background check was completed, they were just waiting to schedule the interview. We are trying to schedule a second infopass. Any thoughts?
Click to expand...

Hi DiDi
I am also waiting for my interview letter from Boston FO. On the spreadsheet there are 2 entries for this year. Their cases were received in December (current January)
Mine was current in April.

Maybe they collect DV cases and schedule them at one time. (Thats what I think from the data on the spreadsheet) If you go to InfoPass you can ask them.
MOM what do you think?
 
Al92 said:
Hi DiDi
I am also waiting for my interview letter from Boston FO. On the spreadsheet there are 2 entries for this year. Their cases were received in December (current January)
Mine was current in April.

Maybe they collect DV cases and schedule them at one time. (Thats what I think from the data on the spreadsheet) If you go to InfoPass you can ask them.
MOM what do you think?
Click to expand...

I don't know if they batch DV based AOS petitions or not, but I do know the two Boston cases listed for 2017 were current in January, they got interviewed and approved in March.
 
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