Sm1smom
Super Moderator
Visit your FO right away and get this clarified.
DV 2017 AOS Only
- Thread starter Sm1smom
- Start date
Visit your FO right away and get this clarified.
EURO2014
Well-Known Member
Is this a theoretical question or do you find yourself in this specific situation, i.e. in the US on J program/holding USCIS I-485 receipt confirmation with I-797 Priority Date before J program was officially cancelled? Please clarify.
EURO2014
Well-Known Member
As you received official USCIS Notice that your I-485 application has been declined, you now need to receive an official Notice, stating that your case has been formally re-opened. That notice would take care of the EAC issue. Until you haven't received such notice, you are effectively in limbo - which never is a good place to be in with USCIS. Most certainly, you do not want to rely on verbal information that can not be proven one way or another.
MindCurious
New Member
I thankfully know someone who can and is willing to sponsor me.
There is a caveat though. "You are required to provide your U.S. federal income tax return for the most recent tax year as well as proof of current employment". Although he filed his tax, he is retired, and is not employed. His income derives from investments. How should we proceed/declare that? Regardless, this person's assets are well above the 5x * minimum income, so I should be fine, right?!
Thank you very much for your help! Now, I am almost certain that I will get the GC!
There is a caveat though. "You are required to provide your U.S. federal income tax return for the most recent tax year as well as proof of current employment". Although he filed his tax, he is retired, and is not employed. His income derives from investments. How should we proceed/declare that? Regardless, this person's assets are well above the 5x * minimum income, so I should be fine, right?!
Thank you very much for your help! Now, I am almost certain that I will get the GC!
Sm1smom
Super Moderator
There's a section on the I-134 for listing out stocks and bonds in situations such as this.
EURO2014
Well-Known Member
Congratulations. Tax filings in conjunction with I-134 will clarify and detail financial sponsor basis. Source of income, i.e. employment vs. investment income, is not relevant - what is important that it has been reported in respective tax filings and can be projected forward based on financial assets declared.
Mom please help!
I found out I was one of the winners for the 2017 DV Lottery in May. My case number is EU17XXX. I am on an F1 visa currently so i filed for AOS. I filed DS 260 and submitted it on May 9, 2016. I received an email from KCC attaching the AOS letter on July 1.. I changed addresses and emailed KCC to unlock my case on September 1st, 2016 and resubmitted the DS 260 on September 6th. KCC send me a confirmation email. The cutoff for January 2017 is 15900 and I think my interview will be either February or March. Should I pay the Dv fee of $330 already? And also should I get my AOS package ready and submit it now (before my case becomes current) or should I wait until I receive the NL2?
Thank you.
I found out I was one of the winners for the 2017 DV Lottery in May. My case number is EU17XXX. I am on an F1 visa currently so i filed for AOS. I filed DS 260 and submitted it on May 9, 2016. I received an email from KCC attaching the AOS letter on July 1.. I changed addresses and emailed KCC to unlock my case on September 1st, 2016 and resubmitted the DS 260 on September 6th. KCC send me a confirmation email. The cutoff for January 2017 is 15900 and I think my interview will be either February or March. Should I pay the Dv fee of $330 already? And also should I get my AOS package ready and submit it now (before my case becomes current) or should I wait until I receive the NL2?
Thank you.
Sm1smom
Super Moderator
Yes you may make the DV administrative fee payment now.
You already have your 2NL, that's the email with attachment you received from KCC. I cannot tell you when or if you should do early filing. However I do suggest you please go through the AOS process spreadsheet https://goo.gl/x7x3td for further guidance on DV based AOS process.
Hi.
This is just gonna be a hell of a ride. Went to the FO. The denial is deleted from the system (no proof, "My Case" still says denied, so not sure which system). Now they tell me they will most likely need RFE as my medical form may need to be updated (was done in mid May).
@Sm1smom I found this on their website. Is this the latest policy? https://www.uscis.gov/news/alerts/u...rt-medical-examination-and-vaccination-record If so, I should be fine I believe.
EURO2014
Well-Known Member
The part I don't quite understand on your case is whether USCIS will re-activate your existing I-485 application (in which case they should be sending you an official notice superseding the earlier denial notice), or they will basically create a new I-485 case for you in their system (in which case it would not be surprising to see them looking for new/updated case materials). Will be interesting to see how this will go from here. Make sure to get some type of official notice in writing as soon as possible. It is unusual for USCIS FO's to officially admit errors.
Sm1smom
Super Moderator
No, that's not the latest policy, even though that's what's currently posted on the USCIS website.
IMO, this 2015 memo
https://travel.state.gov/content/da...ns_to_Visa_Medical_Examinations (02-2015).pdf
with the six months validity period supersedes the one year validity listed on the website. It is what I've based the recommendation on the AOS process spreadsheet for not rushing to complete the medical exam on. Of course there's a 2016 selectee that's been arguing and claiming this memo is only applicable to CP petitioners and not AOSers.
Did they confirm it is okay for you to keep using the AOS based EAD card previously issued though?
I have no idea what is going on at this point. I am talking to the supervisor every single time. He comes out to the waiting lobby to speak with me, shakes hand and all. He said to forget about the denial, it is deleted, the ead is fine and the case is under review. I showed them the denial letters explanation about revoking the ead and all that, he said all is fine, I should not worry. He says they will not issue a notice about opening the case again as they revoked their previous decision in the system. I really do not know what else I can do or ask for at the FO anymore after all this.
Sm1smom
Super Moderator
USCIS will not create a new I-485 case without the OP actually submitting a new petition. They will basically be re-opening the existing petition.
Thank you!
We have gone to the PCP today to have the medical's redone with current date, so I'll be ready to go if they indeed ask for those to be updated. Although at this point I'd rather just take it to the FO instead of waiting for them to send out the RFE.
At least if they ask for further evidence, I'll know the case is still ongoing.
EURO2014
Well-Known Member
I think you are doing all that is possible for you at the moment. The fact that you are in personal communication with the supervisor @ your FO certainly is a good sign. Continue to stay close to the matter, though, to avoid unexpected turns down the road. Best of luck!
Thank much! After waiting for a while with no 2NL showing up anytime soon I decided to file at the end of this week. Now going through the prepared documents and I have one more question.
1. I am (winner of DV lottery) currently not actively employed since we arrived in US, but my spouse is and has enough income to support us all. So, the question is do I need to file I-134 form? All of our bank statements and annual tax returns are joint with both my and my spouse`s names shown everywhere. Is it enough for me to provide these supporting documents instead of filing I-134? Thanks!
Dear Mom,
I have just found this website and I am so happy! Thank you for all your work. I have a few questions and I hope that you will find some time to reply to me.
I am on F-1 and have been on it for 8 years. Did my undergrad, OPT, BA, OPT and am currently finishing a doctorate degree. I will graduate in March 2017.
My number was EUxx10xxx and became current in November.
I applied October 14
Received my notices
Had biometrics on 11/15/16
Went for Info pass 12/01/16
Today, 12/05/16 I received my interview invitation for 01/05/17
I am very excited about it. But, as I read this forum, I started to have more questions.
I applied myself for the ASO, without a lawyer and just went by whatever USCIS website said. I didn't know that this forum existed!
1) I haven't filled DS260. Should I still do it? I know that it is not necessary. Would completing and filing it prolong my application processing at this time? Or will it speed it up?
2) Should I ask some of my friends to complete the I-134? Where do I file it? Or do I just complete the form and have it in hand just in case during my interview? I had I-134 completed by USC back in 2008 as I was starting my F-1 journey. I guess it is still valid. I don't think that I would prefer to ask that person to do it again for me. I would choose a different USC if it is helpful to have it.
3) I am finishing a very "hot" degree right now. I already have 4 job offers and people are waiting for me to graduate in March. Could I just use a job offer letter? Would that be enough to show how will I support myself? Is it even necessary to show how will you support yourself during AOS? Wouldn't my "good" degree be enough? I don't have any income at this time. I have been living off what I earned during my last OPT and from support of family back home and local friends.
4)Since my interview is scheduled for 01/05/17, could I ask the FO for an earlier appointment? If yes, how do I do that? over the phone, infopass, mail?
Thank you so much for all your help and time!!! You are GREAT!!!
I have just found this website and I am so happy! Thank you for all your work. I have a few questions and I hope that you will find some time to reply to me.
I am on F-1 and have been on it for 8 years. Did my undergrad, OPT, BA, OPT and am currently finishing a doctorate degree. I will graduate in March 2017.
My number was EUxx10xxx and became current in November.
I applied October 14
Received my notices
Had biometrics on 11/15/16
Went for Info pass 12/01/16
Today, 12/05/16 I received my interview invitation for 01/05/17
I am very excited about it. But, as I read this forum, I started to have more questions.
I applied myself for the ASO, without a lawyer and just went by whatever USCIS website said. I didn't know that this forum existed!
1) I haven't filled DS260. Should I still do it? I know that it is not necessary. Would completing and filing it prolong my application processing at this time? Or will it speed it up?
2) Should I ask some of my friends to complete the I-134? Where do I file it? Or do I just complete the form and have it in hand just in case during my interview? I had I-134 completed by USC back in 2008 as I was starting my F-1 journey. I guess it is still valid. I don't think that I would prefer to ask that person to do it again for me. I would choose a different USC if it is helpful to have it.
3) I am finishing a very "hot" degree right now. I already have 4 job offers and people are waiting for me to graduate in March. Could I just use a job offer letter? Would that be enough to show how will I support myself? Is it even necessary to show how will you support yourself during AOS? Wouldn't my "good" degree be enough? I don't have any income at this time. I have been living off what I earned during my last OPT and from support of family back home and local friends.
4)Since my interview is scheduled for 01/05/17, could I ask the FO for an earlier appointment? If yes, how do I do that? over the phone, infopass, mail?
Thank you so much for all your help and time!!! You are GREAT!!!
Sm1smom
Super Moderator
1. No. Yes.
Sm1smom
Super Moderator
1. No point submitting the DS-260 at this stage, may lead to unnecessary complications and delays.
2. Not a bad idea to have it as a back up plan. You don't file, just take it along to your interview - present it ONLY IF requested. A 2008 issued I-134 will not be acceptable (if you're required to present one for your AOS process). It has to show a current financial standing.
3. Having a job offer helps. I would still get an I-134 as a backup. Sorry your "good" degree alone may not necessarily help in a situation where the IO truly needs to have on record evidence you're not likely to become a public charge.
4. No you cannot request an earlier interview date from your FO - you may, however at your own risk cancel and request a new date (a later date), if the current date isn't convenient for you. Your petition is already progressing at a steady pace, why rock the boat?