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DV 2017 AOS Only

"I intend" is the important bit. Otherwise it's a promise to NOT support you.


One more question regarding the I-134. "I intend/do not intend to make specific contributions to the support of the person(s) named in item 3." Is this the essence of the I-134, or is this extra? Would checking "I do not intend" defeat the purpose of the I-134, or would the government still be satisfied with such an affidavit of support?

I thought this item is the important part, which would convince the government that I would not become a public charge, since someone intends to back me up in such a scenario. However, my sponsor thinks it is unnecessary, as I do not require assistance at the moment; he thought this item is directed towards spouses/other relatives who come outside of the US for the first time, and do not go to college (unlike me, F-1) or have a job yet.

So, how should we interpret this point?

Thank you!
 
"I intend" is the important bit. Otherwise it's a promise to NOT support you.

INcidentally, the best statement is defined in amount or time. So - the ideal is something like:

"I intend to provide financial support as necessary for as long as needed".

The support promised on the I-134 is not legally enforceable, so the sponsor is not taking a financial risk by providing such a wide open statement.
 
One more question regarding the I-134. "I intend/do not intend to make specific contributions to the support of the person(s) named in item 3." Is this the essence of the I-134, or is this extra? Would checking "I do not intend" defeat the purpose of the I-134, or would the government still be satisfied with such an affidavit of support?

I thought this item is the important part, which would convince the government that I would not become a public charge, since someone intends to back me up in such a scenario. However, my sponsor thinks it is unnecessary, as I do not require assistance at the moment; he thought this item is directed towards spouses/other relatives who come outside of the US for the first time, and do not go to college (unlike me, F-1) or have a job yet.

So, how should we interpret this point?

Thank you!
We had this very same question on this forum before: if your sponsor is prepared to make specific contributions to you/your family, as necessary, then, by all means, he should declare so on the official I-134 document. If he does apriori intend not to make any contributions, it would be reckless to make an incorrect statement in this respect. After all, Form I-134 is an official federal document, hence it is more than appropriate to ensure from the sponsor pov that any such signed assurances are true and factually correct.
 
"I intend" is the important bit. Otherwise it's a promise to NOT support you.
I thought so. But then, what would be the point of having to complete this form, and then checking "not intend"? If that were true, the sponsor would not sign the form in the first place. Does the US government just want more evidence of the sponsor's understanding of what he or she is signing for?

INcidentally, the best statement is defined in amount or time. So - the ideal is something like:

"I intend to provide financial support as necessary for as long as needed".

The support promised on the I-134 is not legally enforceable, so the sponsor is not taking a financial risk by providing such a wide open statement.

If it is not legally enforceable, then why have the item in the first place? I would think it is legally enforceable, as a promissory note, but the government would not care about the the extent- it would only care to recoup the public charges incurred by the sponsoree.

We had this very same question on this forum before: if your sponsor is prepared to make specific contributions to you/your family, as necessary, then, by all means, he should declare so on the official I-134 document. If he does apriori intend not to make any contributions, it would be reckless to make an incorrect statement in this respect. After all, Form I-134 is an official federal document, hence it is more than appropriate to ensure from the sponsor pov that any such signed assurances are true and factually correct.

Interesting. Your response seems contradictory to Britsimon's.



Regardless, thank you for your responses! I think in order to mitigate my sponsor's concerns, he should include "In case X becomes a public charge" , and then add "I intend to financially support him/her as necessary". It would be accurate, especially since neither of us believes that scenario will ever happen. After all, I am spending 4 years of my life studying for other hopes than becoming a ward.
 
I thought so. But then, what would be the point of having to complete this form, and then checking "not intend"? If that were true, the sponsor would not sign the form in the first place. Does the US government just want more evidence of the sponsor's understanding of what he or she is signing for?



If it is not legally enforceable, then why have the item in the first place? I would think it is legally enforceable, as a promissory note, but the government would not care about the the extent- it would only care to recoup the public charges incurred by the sponsoree.



Interesting. Your response seems contradictory to Britsimon's.



Regardless, thank you for your responses! I think in order to mitigate my sponsor's concerns, he should include "In case X becomes a public charge" , and then add "I intend to financially support him/her as necessary". It would be accurate, especially since neither of us believes that scenario will ever happen. After all, I am spending 4 years of my life studying for other hopes than becoming a ward.

Oh jeez. Keep it simple, don't add that extra bit. Less is more.

The "not legally enforceable" is the actual government position. This is from their 9 FAM guide (I bolded the important bit).

"(3) (U) Use of Form I-134, Affidavit of Support:

(a) (U) Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864 for so many classes of immigrants, the use of Form I-134, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below."
 
Hello @Sm1smom ,
I needed to confirm something about my AOS. I got selected for further procedure for Dv 2017 and my case number is around 5500 so I am expecting it to be current around may June. I am an F1 student from Nepal but I was also granted TPS on May 2016. I never been out of status or had any problems with my status. I recently filed DS260 and have already received confirmation from KCC for my AOS, that would be the 2nd notification letter. Just wanted to know if I was on right track. I was curious if my TPS would make a difference on my AOS?
I appreciate any help on this topic. Thank you.
 
@Sm1smom
Dear Mom,
I guess you have missed my question.
I really appreciate it if you would check and respond this question (#1607).

Thank you so much.

You need to re-post your question, all I see from the referenced post is a previous post of mine which you've quoted. When quoting others' posts, make sure your post is separated from the quoted one.
 
Hello @Sm1smom ,
I needed to confirm something about my AOS. I got selected for further procedure for Dv 2017 and my case number is around 5500 so I am expecting it to be current around may June. I am an F1 student from Nepal but I was also granted TPS on May 2016. I never been out of status or had any problems with my status. I recently filed DS260 and have already received confirmation from KCC for my AOS, that would be the 2nd notification letter. Just wanted to know if I was on right track. I was curious if my TPS would make a difference on my AOS?
I appreciate any help on this topic. Thank you.

Yes you're on the right track. Be sure to go over the AOS process spreadsheet if you haven't done so already. It has all the necessary tips for a DV based AOS petition. Your TPS shouldn't make a difference to your AOS petition.
 
Thanks @Sm1smom,
Actually my question was in the line with your response to the question about "public assistance" & "Obama care". So it was the reason I replied to your response.
Now I'm re-posting my question:

Thank you so much for your response.
Actually it was my question too! I have got Obamacare (Premium Tax credit) for my wife's Health insurance too.
As you mentioned, all the references in USCIS and HealtCare.gov explicitly emphasize that it would not be considered as "Public Charge", but I've really confused how to answer following question of I-485, Yes or No?!!

"Have you ever received public assistance from any source, including the us Government or any state, county, city or municipality (other than emergency medical treatment) or are you likely to receive public assistance in future"?

Based on your response, do you mean the answer of this question would be "NO" in this condition? So this question just asks about "public charge" and just the cases with the probability of considering as "public charge" should answer Yes to this question?
I would definitely prefer to answer NO, but I'm just worried that the officer thinks I have concealed this point and he/she considers this as dishonestly and falsification which I've heard that it would have a very bad impact on the process of getting GC. Because applying for ObamaCare needs SSN and it's definitely available in our record!

Does anybody have the same experience (having Obamacare and answering NO to this question)? Did the officers ask in this regards in the interview?
Are there any same cases in this year or previous years which help us in answering this question?

Thanks.
 
Thanks @Sm1smom,
Actually my question was in the line with your response to the question about "public assistance" & "Obama care". So it was the reason I replied to your response.
Now I'm re-posting my question:

Thank you so much for your response.
Actually it was my question too! I have got Obamacare (Premium Tax credit) for my wife's Health insurance too.
As you mentioned, all the references in USCIS and HealtCare.gov explicitly emphasize that it would not be considered as "Public Charge", but I've really confused how to answer following question of I-485, Yes or No?!!

"Have you ever received public assistance from any source, including the us Government or any state, county, city or municipality (other than emergency medical treatment) or are you likely to receive public assistance in future"?

Based on your response, do you mean the answer of this question would be "NO" in this condition? So this question just asks about "public charge" and just the cases with the probability of considering as "public charge" should answer Yes to this question?
I would definitely prefer to answer NO, but I'm just worried that the officer thinks I have concealed this point and he/she considers this as dishonestly and falsification which I've heard that it would have a very bad impact on the process of getting GC. Because applying for ObamaCare needs SSN and it's definitely available in our record!

Does anybody have the same experience (having Obamacare and answering NO to this question)? Did the officers ask in this regards in the interview?
Are there any same cases in this year or previous years which help us in answering this question?

Thanks.

There's nothing wrong with referencing mine or other forum member's post especially if your question is a follow up question, you however neeed to ensure your question is not written within the quoted post, otherwise it will go answered as you've experienced. You can quote and still post at the same time without merging both.


Having OBAMACARE does not constitute being a public charge, so the correct response is 'No' - end of story.
 
Hello @Sm1smom,

Thank you for such a great forum. I have a question about timeframes and whether its a good idea to expedite the application for permanent residency.

My DV lottery number is xxxx76xx. USCIS received my and my wife's application on october 11th. We went trough biometrics in November.

I've read that you can expedite employment authorization after 75th day, so I called USCIS today and asked to expedite the process for employment authorization and to ask about the status of my application for permanent residency and travel document(advanced parole), I was told that my local USCIS office in New York is currently working on cases submitted in May 2016 for advanced parole, and on form i-485, application for permanent residency that were submitted in December 2015.

Customer service representative mentioned that there is a possibility to expedite the advanced parole and permanent residency application. Should I try to expedite processing of my green card application? Is there any chance that it would actually work? Could it harm me if they decide that my reason for expedition is insufficient?

I am currently on F-1 visa and applying for medical residency (paid training in medical field). Right now is the interview season and decisions will be made in the end of February and start day for the job is July. Chances to receive a position at the program I am applying to are higher for those with permanent residency than for those seeking work visa sponsorship, so it would be really helpful for my application if I received a green card before the end of February (or at least before summer, when the residency starts).

Thank you.
 
Hello @Sm1smom,

Thank you for such a great forum. I have a question about timeframes and whether its a good idea to expedite the application for permanent residency.

My DV lottery number is xxxx76xx. USCIS received my and my wife's application on october 11th. We went trough biometrics in November.

I've read that you can expedite employment authorization after 75th day, so I called USCIS today and asked to expedite the process for employment authorization and to ask about the status of my application for permanent residency and travel document(advanced parole), I was told that my local USCIS office in New York is currently working on cases submitted in May 2016 for advanced parole, and on form i-485, application for permanent residency that were submitted in December 2015.

Customer service representative mentioned that there is a possibility to expedite the advanced parole and permanent residency application. Should I try to expedite processing of my green card application? Is there any chance that it would actually work? Could it harm me if they decide that my reason for expedition is insufficient?

I am currently on F-1 visa and applying for medical residency (paid training in medical field). Right now is the interview season and decisions will be made in the end of February and start day for the job is July. Chances to receive a position at the program I am applying to are higher for those with permanent residency than for those seeking work visa sponsorship, so it would be really helpful for my application if I received a green card before the end of February (or at least before summer, when the residency starts).

Thank you.

Average processing time for an EAD and/or AP card is roughly 3 months. Seems to me like your work authorization petition is still pretty much on track. I doubt the petition request you put in will make any difference.

The DV based AOS petition process is already expedited considering the regular processing time isn't applicable to it - the Dec 2015 processing date you were provided with isn't applicable to DV based AOS petitions. Check the Timeline spreadsheets we've put together in this forum (both for the DV 2017 FY and the past couple of years) to get an idea of the processing time lines applicable to DV based petitions. Links to the referenced Timeline spreadsheets can be found on one of the tabs in the AOS process spreadsheet
 
1. Yes you can.
2. The assumption is the state where your training will be taking place is a temporary location.
3. No. See two above.
4. Changing ones address after starting the AOS process, especially if the new address causes your petition to fall under the jurisdiction of a new FO is not a good idea. If your new address falls under the jurisdiction of a new FO, the old FO will no longer adjudicate your case, they'll need to transfer the case file to the new FO with the jurisdiction, there could be further delays as a result of this. However, if you must change your address, use the following link:

https://egov.uscis.gov/coa/displayCOAInitForm.do;jsessionid=B29D61EFDD5E51C4C20E7FC724EE58A2
I am moving apartments, but under the same zip code. When I send the DV payment, I will still be in my current apartment but I have to move by the end of February. I have yet to file my AOS since my number is not current.
Will switching apartment now create a potential problem for me ?
Is it okay to send the DV fee of $330 from my current address receive the receipt and then change my address and continue the rest of the process from the new address ?
 
I am moving apartments, but under the same zip code. When I send the DV payment, I will still be in my current apartment but I have to move by the end of February. I have yet to file my AOS since my number is not current.
Will switching apartment now create a potential problem for me ?
Is it okay to send the DV fee of $330 from my current address receive the receipt and then change my address and continue the rest of the process from the new address ?

1. No
2. Yes
 
Hello!

I followed all the instructions in the AOS excel sheet kindly written by mom and sent in my AOS package on Dec 20 2016. It was received on Wednesday, December 21, 2016, 12:00 pm and signed by "J IBARRA // CHICAGO, IL 60680 // 2:50 pm". But I still haven't heard anything from it.

I filed the "G1145", so I should receive text messages / email when they get it.

Usually how long do you expect until you receive some notice after sending out the package? I'm really worried since it has been over 1 week.
Thanks!
 
Hi: I am still awaiting my number to be current. I resubmitted ds-260 in November, and for the question asking for my last issued visa number I answered "do not know". Recently I found the visa number when completing the i-485 form. Should I unlock ds 260 or this will not matter to USCIS?

Thanks!
 
Hello!

I followed all the instructions in the AOS excel sheet kindly written by mom and sent in my AOS package on Dec 20 2016. It was received on Wednesday, December 21, 2016, 12:00 pm and signed by "J IBARRA // CHICAGO, IL 60680 // 2:50 pm". But I still haven't heard anything from it.

I filed the "G1145", so I should receive text messages / email when they get it.

Usually how long do you expect until you receive some notice after sending out the package? I'm really worried since it has been over 1 week.
Thanks!

P.A.T.I.E.N.C.E!

It's only been 8 days since your package was delivered. In addition, this happens to be the holiday season. Plus who says an acknowledgement must be received within a week of the package being delivered???

Take a look at the Timeline spreadsheets for how long on average it takes to get an acceptance notification.
 
Hi: I am still awaiting my number to be current. I resubmitted ds-260 in November, and for the question asking for my last issued visa number I answered "do not know". Recently I found the visa number when completing the i-485 form. Should I unlock ds 260 or this will not matter to USCIS?

Thanks!

It wouldn't make any difference to USCIS - the important thing is to ensure the AOS package information is accurate.
 
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