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DV 2017 AOS Only

Hello,
I have received my NOA letter, as you recommended me, and I tried to call USCIS 1800 number, but there was no option for making changes. What should I do?
Thanks
 
While it may possibly reduce the value USCIS assigns to an I-134, it would be appropriate to emphasize at this stage that the correct answer to question 11 of form I-134 would be 'Do not intend to make specific contributions...', as the form subsequently spells out in some detail what 'specific contributions' include, namely for example "room and board, money", with detailed additional information requested in terms of amount and duration. As your Advisor, presumably, has no intention to make specific payments to you in monetary or other form, her/his correct answer to this questions would therefore be 'do not intend...". Normally those forms are being completed by family members or close relatives, who have better plausible cause for supporting an I-485 applicant and to make specific contributions over a period of acculturation.
What if he said that he intends to support me with all living expenses if needed for the next 4 years or until I become a US citizen. I think he will be willing to write something similar to this. But Does he need to specify an amount or that's enough?
 
Hi guys,

Almost crunch time! My husband is the selectee and we're both on E visas. I note that he needs to fill out form I-508 because of this. Do I have to, as well? It's not listed on the Google Doc which is my bible right now...
 
While it may possibly reduce the value USCIS assigns to an I-134, it would be appropriate to emphasize at this stage that the correct answer to question 11 of form I-134 would be 'Do not intend to make specific contributions...', as the form subsequently spells out in some detail what 'specific contributions' include, namely for example "room and board, money", with detailed additional information requested in terms of amount and duration. As your Advisor, presumably, has no intention to make specific payments to you in monetary or other form, her/his correct answer to this questions would therefore be 'do not intend...". Normally those forms are being completed by family members or close relatives, who have better plausible cause for supporting an I-485 applicant and to make specific contributions over a period of acculturation.

I beg to differ on this. The purpose of the I-134 is for the sponsor to indicate what kind of support they're willing to provide for the purpose of convincing the IO one will not become a public charge.

Selecting 'I do not intend' is as good as not submitting the affidavit of support in the first place - that option does not satisfy the need to prove one will not become a public charge which is the reason the affidavit is required in the first place.
 
What if he said that he intends to support me with all living expenses if needed for the next 4 years or until I become a US citizen. I think he will be willing to write something similar to this. But Does he need to specify an amount or that's enough?

If the sponsor is willing to write 'I intend to provide living expense support as needed' or something to that effect, that should be fine.
 
Hello,
I have received my NOA letter, as you recommended me, and I tried to call USCIS 1800 number, but there was no option for making changes. What should I do?
Thanks

Isn't there an option to speak with an operator/representative? Did you speak with a person when you called?
 
Hi guys,

Almost crunch time! My husband is the selectee and we're both on E visas. I note that he needs to fill out form I-508 because of this. Do I have to, as well? It's not listed on the Google Doc which is my bible right now...

You both need to fill out the form if you're both on E visas.
 
If the sponsor is willing to write 'I intend to provide living expense support as needed' or something to that effect, that should be fine.
Thanks mom, I will have to check with him first. He is willing to help me with my application so hopefully he will be ok with this. But the issue is for the period of time, this affidavit is intended for how many years? Can he say for the next 3 or 4 years? Or until I become a citizen?
Another thing, does he need to provide a bank statement? He makes around 90000$ a year, so will a w2 and tax return be enough? He seems uncomfortable with providing me with his bank statement, a lot of people don't like to tell how much money they have.
 
Thanks mom, I will have to check with him first. He is willing to help me with my application so hopefully he will be ok with this. But the issue is for the period of time, this affidavit is intended for how many years? Can he say for the next 3 or 4 years? Or until I become a citizen?
Another thing, does he need to provide a bank statement? He makes around 90000$ a year, so will a w2 and tax return be enough? He seems uncomfortable with providing me with his bank statement, a lot of people don't like to tell how much money they have.

1. The I-134 is actually not legally enforceable - so he can remain silent as to how many years he's willing to support you for, he doesn't need to specify the number of years. He can say he's willing to provide needed support until you're able to support yourself in terms of getting a job or something similar.

2. I get quite frustrated when people ask me the same question over and over without following the guidance earlier provided. I asked you to check the AOS process spreadsheet for the documents the sponsor is required to provide. The fact that you're still stressed and asking about sponsor's bank statements shows you haven't bothered to check the spreadsheet. He doesn't need to provide you with his bank statements.
 
1. The I-134 is actually not legally enforceable - so he can remain silent as to how many years he's willing to support you for, he doesn't need to specify the number of years. He can say he's willing to provide needed support until you're able to support yourself in terms of getting a job or something similar.

2. I get quite frustrated when people ask me the same question over and over without following the guidance earlier provided. I asked you to check the AOS process spreadsheet for the documents the sponsor is required to provide. The fact that you're still stressed and asking about sponsor's bank statements shows you haven't bothered to check the spreadsheet. He doesn't need to provide you with his bank statements.
I checked the spreadsheet actually and I know that it doesn't say anything about the bank statement. I think the bank statement was mentioned in the instructions for filling the I-134 that's why I was wondering about it.
Thanks for the reply again, I know my questions can be frustrating sometimes but you guys are the only ones that I can ask about this. I really appreciate your patience and help all the time :)
 
I am planning to travel to my home country for a week while my I-485 and OPT application is being processed. My I-20 is still valid until Dec 16th and should allow me to re-enter the country.
1. Will my travels in any way negatively affect my GC or OPT application?
2. Do you recommend that I change my last entry date on the DS-260 form upon my return?
I don't expect my interview to be until after I return from my travels.
 
I am planning to travel to my home country for a week while my I-485 and OPT application is being processed. My I-20 is still valid until Dec 16th and should allow me to re-enter the country.
1. Will my travels in any way negatively affect my GC or OPT application?
2. Do you recommend that I change my last entry date on the DS-260 form upon my return?
I don't expect my interview to be until after I return from my travels.

1. I don't know what the impact of traveling with a pending OPT may have on the petition. However if you travel out of the US while your AOS petition is pending without an approved AP card, your AOS petition would be considered abandoned and consequently denied.

2. There's no need to, since your AOS petition has already been submitted.
 
1. I don't know what the impact of traveling with a pending OPT may have on the petition. However if you travel out of the US while your AOS petition is pending without an approved AP card, your AOS petition would be considered abandoned and consequently denied.

2. There's no need to, since your AOS petition has already been submitted.

Thank you for your reply! Would I be able to apply for AP for the sake of not having my AOS petition considered abandoned and then re-enter with my F-1 (I-20) to not lose that status?
 
Thank you for your reply! Would I be able to apply for AP for the sake of not having my AOS petition considered abandoned and then re-enter with my F-1 (I-20) to not lose that status?

No you cannot return to F1 status once you re-enter with an AP. With an AP, you are being paroled into the US, not re-admitted as F1.

Even though you're being paroled, you will still be able to continue your studies or OPT work - you just wouldn't have a fall back status if your AOS gets denied for any reason.
 
I am planning to travel to my home country for a week while my I-485 and OPT application is being processed. My I-20 is still valid until Dec 16th and should allow me to re-enter the country.
1. Will my travels in any way negatively affect my GC or OPT application?
2. Do you recommend that I change my last entry date on the DS-260 form upon my return?
I don't expect my interview to be until after I return from my travels.

Besides what happens with the AOS petition... I would recommend you to talk to your college/school/university before traveling outside US with a pending OPT. Because from my understanding, you cannot leave if you already submitted the papers for OPT... It is better to do that once you are graduated, but before submitting the paper, like in between.

By the way, my personal opinion is that we are almost there, only a few months to solve all this... I would think twice whether traveling or not. I already delayed my vacations to next year, waiting for an answer. Now the most important thing for me is the possibility of getting the GC with no issues in the middle...
 
Isn't there an option to speak with an operator/representative? Did you speak with a person when you called?
No, there was no option straight forward to representative. Would it be a problem if I don't correct my mistake? I still haven't got my biometric letter, I went to biometric once for my asylum case, do you think because of this I might not have to go for the lottery?
Thanks
 
No, there was no option straight forward to representative. Would it be a problem if I don't correct my mistake? I still haven't got my biometric letter, I went to biometric once for my asylum case, do you think because of this I might not have to go for the lottery?
Thanks

There's always an option to speak with an agent, you just have to listen and follow the instructions. I don't know if it could certainly be a problem or not.

When did you submit your AOS package? When did you receive the NOA?
 
I beg to differ on this. The purpose of the I-134 is for the sponsor to indicate what kind of support they're willing to provide for the purpose of convincing the IO one will not become a public charge.

Selecting 'I do not intend' is as good as not submitting the affidavit of support in the first place - that option does not satisfy the need to prove one will not become a public charge which is the reason the affidavit is required in the first place.
Unlike the I-864 which is legally enforceable and therefore includes an implicit financial commitment by the person submitting it, the I-134 as you correctly point out above, is not. If an Academic Advisor therefore prepares an I-134 for his/her student with the true intention to make specific contribution to said student processing I-485, then yes I do fully agree this should be specified in full detail, as required by the form. My point was that if the Advisor has in reality no intention to make specific monetary or other contributions, then the correct way is to indicate this on the form. I am sure you are in agreement that honesty and providing truthful information is correct, you have been emphasizing this point again and again on this forum, correctly in my opinion. Last but not least, of course USCIS will consider plausibility of submitted I-134's by professional acquaintances, specifically based on the fact that they are not legally enforceable.
 
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