DV 2017 AOS Only

[Sm1smom]

Hello, I have a quick question about the Previous US Visit question on DS260. I have been staying inside the US since 2013 and I am currently working on F1-OPT. For the most recent visit field, I put my last enter date in 2013 and entered 49 months for the Length of Stay as my OPT card expires June 2017. I also have D/S for my I-94.

I read that Sm1smom suggested putting the DS260 submission's date day. Will I be okay with the 49 months or do you recommend me changing to the date when I submit my DS260? Thank you so much in advance!

You already read of my suggestion with regards to a similar situation, so ....

 

[SoroushO2]

Hello,
I have lived in UK for more than 3 years and I asked UK boarder agency for Police Certificate and it is with me now? I just want to know can I open it or it must be sealed at the moment I mail my documnets to them?

 

[Aranya]

I came US as F1-visa on 02-Aug-2016, and I have filed DS-260 on 20-Aug-2016. I choose to process AOS, and my case number is 2017AS5xx.

I have read the spreadsheet and the next step is to receive the 2NL letter from KCC. Should I wait for this letter? Or should I process the next step (Pay DV admision fee to DOS) and prepare the other documents? Please help to advice.

Thank you in advance

 

[Sm1smom]

I came US as F1-visa on 02-Aug-2016, and I have filed DS-260 on 20-Aug-2016. I choose to process AOS, and my case number is 2017AS5xx.

I have read the spreadsheet and the next step is to receive the 2NL letter from KCC. Should I wait for this letter? Or should I process the next step (Pay DV admision fee to DOS) and prepare the other documents? Please help to advice.

Thank you in advance

Your CN is already current, so you may proceed with making the DV payment and all the other necessary steps if you wish. Of course I assume you clearly remember the discussion we had back in June regarding the recommended 60 days waiting period which you've obviously opted to disregard.

 

[Sm1smom]

Hello,
I have lived in UK for more than 3 years and I asked UK boarder agency for Police Certificate and it is with me now? I just want to know can I open it or it must be sealed at the moment I mail my documnets to them?

You may open it if you like. PCC is not required for AOS anyways.

 

[Aranya]

Your CN is already current, so you may proceed with making the DV payment and all the other necessary steps if you wish. Of course I assume you clearly remember the discussion we had back in June regarding the recommended 60 days waiting period which you've obviously opted to disregard.

Thanks Sm1smom.

Right now, I'm worried about that 60 days rule and my current visa status. I really shouldn't filed DS-260.

 

[SoroushO2]

I was on "Leave of absence" last semster due to my medical condition. Recently I found out that my university International office terminated my Sevis by mistake and I have been out of Status since April.FYI, I have not got any notification letter from USCIS. International office admitted that it has been their fault and they said they are trying to correspond with immigration to correcr it. Today the person who is in charge of this matter told me Immigration asked him my medical letter?
My concern is, This "out of Status" thing would be on my records? Does their system mentioned that it has not been my fault? Will I be rejected because of this? As I know US systems are so backward and outdated and it tales forever to be updated and works properly.I am having concern that Even if correct it, after my biometric they reject me due to staying illegal in United States ( by University Fault)?!

 

[Sm1smom]

Thanks Sm1smom.

Right now, I'm worried about that 60 days rule and my current visa status. I really shouldn't filed DS-260.

Like the saying goes: knowledge is power. You were aware of the 30-60-90 days rule but opted to do things your way. We go out of our ways to assist and provide recommendations to guard against the introduction of unnecessary worries such as this.

I can tell you your current status isn't affected by the DS-260 submission. However I can't provide you with the peace of mind against other associated worries such as the IO denying your AOS petition based on your entering the US on a NIV with a concealed immigrant intent. You'll just have to keep you fingers crossed and hope it doesn't come to that.

 

[justsomeguy]

I received my acceptance text and the check was cashed overnight. Looks like USCIS is a little quicker out of the blocks this year.

 

[Sm1smom]

I was on "Leave of absence" last semster due to my medical condition. Recently I found out that my university International office terminated my Sevis by mistake and I have been out of Status since April.FYI, I have not got any notification letter from USCIS. International office admitted that it has been their fault and they said they are trying to correspond with immigration to correcr it. Today the person who is in charge of this matter told me Immigration asked him my medical letter?
My concern is, This "out of Status" thing would be on my records? Does their system mentioned that it has not been my fault? Will I be rejected because of this? As I know US systems are so backward and outdated and it tales forever to be updated and works properly.I am having concern that Even if correct it, after my biometric they reject me due to staying illegal in United States ( by University Fault)?!

You've got a major issue on your hands which needs to be rectified quickly. Your school will need to issue you with a written statement acknowledging they erroneously terminated you in SEVIS, and you will need to present this at the time of your interview. The fact that you're currently out of status is already in USCIS system, they do not need to send you an out of status notification. Provide the medical report as requested and get your school to rectify this fast!

 

[Sm1smom]

I received my acceptance text and the check was cashed overnight. Looks like USCIS is a little quicker out of the blocks this year.

I just compared your Timeline with that of others from same period last year, and it is not different from what we've seen. Nonetheless, congratulations on the acceptance notification.

Bear in mind though, the real battle is with your FO, fingers crossed you don't get denied without an interview or after the interview as a matter of fact.

 

[alab]

I need to renew my passport within the next few months. When I filled out the DS-260, I used my current passport number.
I will make sure to include copies of both passports. Is there anything else I should be aware of when I submit my AOS package with regards to the new passport?

 

[Sm1smom]

I need to renew my passport within the next few months. When I filled out the DS-260, I used my current passport number.
I will make sure to include copies of both passports. Is there anything else I should be aware of when I submit my AOS package with regards to the new passport?

Nope.

 

[physnep]

Like the saying goes: knowledge is power. You were aware of the 30-60-90 days rule but opted to do things your way. We go out of our ways to assist and provide recommendations to guard against the introduction of unnecessary worries such as this.

I can tell you your current status isn't affected by the DS-260 submission. However I can't provide you with the peace of mind against other associated worries such as the IO denying your AOS petition based on your entering the US on a NIV with a concealed immigrant intent. You'll just have to keep you fingers crossed and hope it doesn't come to that.

What is the actual rule, 30 or 60 or 90 days? I am also waiting to abide this rule. My spouse recently entered US on F-2 and it will be 2 months after Sept 15. My case number is being current on October 1 and I am thinking to process after Sept 15 such as filling DS-260 and preparing for AOS. Since it will be only 2 months on Sept 15, is it safe to declare immigrant intent after 2 months? Or, I should wait for complete 90 days? I am kind of hurried as my case is being current on Oct 1, but still I do not want to take any risk. If there is rule of strict 90 days, I can probably submit DS-260 only after Oct 15 and also AOS package at the same time without including 2NL.
Thanks !

 

[Aranya]

Like the saying goes: knowledge is power. You were aware of the 30-60-90 days rule but opted to do things your way. We go out of our ways to assist and provide recommendations to guard against the introduction of unnecessary worries such as this.

I can tell you your current status isn't affected by the DS-260 submission. However I can't provide you with the peace of mind against other associated worries such as the IO denying your AOS petition based on your entering the US on a NIV with a concealed immigrant intent. You'll just have to keep you fingers crossed and hope it doesn't come to that.

Thanks Sm1smom.

I won't give up at this point, I will persuade and process as far as I can. If I get denied, I will have to finish my study first. Thanks and will keep update here.

 

[SusieQQQ]

Hopefully they will overlook it. I think it would be very difficult to deny entering with immigrant intent if you submitted the DS the exact same day you arrived. Please keep us posted on the outcome.

Mom, not to worry him further but out of interest, are there potential repercussions for his F1 status if they do find he entered with immigrant intent?

 

[EURO2014]

What is the actual rule, 30 or 60 or 90 days? I am also waiting to abide this rule. My spouse recently entered US on F-2 and it will be 2 months after Sept 15. My case number is being current on October 1 and I am thinking to process after Sept 15 such as filling DS-260 and preparing for AOS. Since it will be only 2 months on Sept 15, is it safe to declare immigrant intent after 2 months? Or, I should wait for complete 90 days? I am kind of hurried as my case is being current on Oct 1, but still I do not want to take any risk. If there is rule of strict 90 days, I can probably submit DS-260 only after Oct 15 and also AOS package at the same time without including 2NL.
Thanks !

A person can not have preconceived intent to enter the U.S. for a purpose different from that permitted under his/her non-immigrant visa. As rule of thumb: if a person files an immigration petition or applies for an adjustment of status within 30 days’ entry into the United States, the USCIS could likely find that he/she entered with “fraudulent intent” to remain in the U.S. and the non-immigrant visa would be classified as fraudulently obtained. If the person applies for a change of status or adjustment of status after 30 days but before 60 days after entry, the USCIS could view the change or adjustment with an assumption that he/she had preconceived immigrant intent. However, the assumption may be overcome by the applicant with evidence showing a change of circumstances.While it is not a guarantee, if the person applies for the change of status or adjustment status after 60days of entry into the U.S., USCIS (hopefully) should not look upon the application negatively. Hence the general rule: the longer the time period the better.

 

[Klang]

I am completing form DS-260 online, and it's asking me whether I want a new SSN card issued or not. I already have a SSN card from when I was working on campus in college (F1 status.) Do I need a new one or is the one I currently have sufficient? Thank you for your help.

 

[Britsimon]

I am completing form DS-260 online, and it's asking me whether I want a new SSN card issued or not. I already have a SSN card from when I was working on campus in college (F1 status.) Do I need a new one or is the one I currently have sufficient? Thank you for your help.

You don't need a new number. Once you have adjusted status you will visit the SSA office to get a new card (same number).

 

[Sm1smom]

What is the actual rule, 30 or 60 or 90 days? I am also waiting to abide this rule. My spouse recently entered US on F-2 and it will be 2 months after Sept 15. My case number is being current on October 1 and I am thinking to process after Sept 15 such as filling DS-260 and preparing for AOS. Since it will be only 2 months on Sept 15, is it safe to declare immigrant intent after 2 months? Or, I should wait for complete 90 days? I am kind of hurried as my case is being current on Oct 1, but still I do not want to take any risk. If there is rule of strict 90 days, I can probably submit DS-260 only after Oct 15 and also AOS package at the same time without including 2NL.
Thanks !

Technically speaking the 30-60-90 day is not a rule. It more like a guideline found in the DOS 9FAM (Foreign Affairs Manual) given to the IOs to assist with adjudicating cases, and it states:

"If an alien violates his or her nonimmigrant status . . . within 30 days of entry, you may presume that the applicant misrepresented his or her intention in seeking a visa or entry. If an alien initiates such violation of status more than 30 days but less than 60 days after entry into the United States, no presumption of misrepresentation arises. However, if the facts in the case give you reasonable belief that the alien misrepresented his or her intent, then you must give the alien the opportunity to present countervailing evidence."

It is understood that a person can enter the US on a NIV and subsequently have a change of heart due to changes in circumstances. If that person were to demonstrate an immigrant intent within the first 30 days of admission, then that person most likely had an immigrant intent prior to coming in on a NIV - IOs are encouraged to deny the filed petition in such cases. If the person where to wait at for at least 60 days before demonstrating an immigrant intent, even if the IO had some doubts about the persons original intent, it may be overlooked, and if the person were to wait 90 days, having a preconceived immigrant intent wouldn't be considered.

It's basically saying the longer one waits to declare an immigrant intent upon entering the US on a NIV, the easier it is to convince the IO one did enter the US with a preconceived immigrant intent. So you make the call on when to do what based on the information you've been provided.