• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV 2017 AOS Only

SusieQQQ said:
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?
Click to expand...

His F1 status is safe, he just may not be able to renew it should he need to in the future (assuming his AOS petition gets denied).
 
Aranya said:
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.
Click to expand...

At no point in time did any of my posts say or suggest you should give up.
 
Hi everyone,

I have two topics I have questions about:
1. The first one is about the Second Notification Letter.
I filed my DS260 in early June with the intention to have my greencard application processed through the USCIS (AoS). How do I retrieve the 2NL, and how long does it usually take for the KCC to get back to people about the 2NL? I’ve seen that some DV2017 applicants already received it, so I’m wondering about mine. Do I even need the 2NL? Someone told me I should ignore all the chatter about it since I wanna go for AoS. It is mentioned in Sm1smom spreadsheet, though.

2. The second one is about my eligibility to file for AoS.
Those generic KCC emails say I should determine my eligibility for AoS by contacting a local USCIS office and making an appointment via INFOPass. From all I've read I should be eligible. I'm in the US on a J1, the two years rule does not apply, and I was never out of status. Do I still need to contact them?

Could someone please clarify on those two topics?
Thank you!
 
Basti_AA said:
Hi everyone,

I have two topics I have questions about:
1. The first one is about the Second Notification Letter.
I filed my DS260 in early June with the intention to have my greencard application processed through the USCIS (AoS). How do I retrieve the 2NL, and how long does it usually take for the KCC to get back to people about the 2NL? I’ve seen that some DV2017 applicants already received it, so I’m wondering about mine. Do I even need the 2NL? Someone told me I should ignore all the chatter about it since I wanna go for AoS. It is mentioned in Sm1smom spreadsheet, though.

2. The second one is about my eligibility to file for AoS.
Those generic KCC emails say I should determine my eligibility for AoS by contacting a local USCIS office and making an appointment via INFOPass. From all I've read I should be eligible. I'm in the US on a J1, the two years rule does not apply, and I was never out of status. Do I still need to contact them?

Could someone please clarify on those two topics?
Thank you!
Click to expand...

I already answered these questions on July 13th to be precise, so I will not be answering them again.

immigration.com/threads/dv-2017-aos-only.331328/page-19#post-2437827

Hopefully someone else may be willing to answer though.
 
I'm really sorry. I'm just surprised/worried why it's taking so long for the 2NL. And BritSimon said on his website to a guy with a similar problem that 95% of DV cases are not AOS cases. He further added to ignore all the talk about the 2NL since it has little to do with the case (AoS) and that case processing is determined by the case number and the I-485 filing.
My case number is fairly low EU201700002XXX, so I'd be able to file soon. But I guess I can't before I get this 2NL letter.
So, if anyone had some ideas about what to do it would make me feel more relaxed.
 
Basti_AA said:
So, if anyone had some ideas about what to do it would make me feel more relaxed.
Click to expand...

Some ideas - read the spreadsheet, read mom's previous reply to you, read back through the thread to see answers to these same questions that have been asked before a number of times...
 
Sm1smom said:
Technically speaking the 30-60-90 day is not a rule. It more like 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.
Click to expand...

Thanks for the detailed information. I would like to be safe waiting until Oct 15 to complete 90 days. The only worry I have is that if I submitted DS-260 after Oct 15 (after waiting 90 days), I will not be able to include 2NL in my AOS package as I am thinking to submit my AOS package immediately after submitting DS-260 in Oct-15.
 
physnep said:
Thanks for the detailed information. I would like to be safe waiting until Oct 15 to complete 90 days. The only worry I have is that if I submitted DS-260 after Oct 15 (after waiting 90 days), I will not be able to include 2NL in my AOS package as I am thinking to submit my AOS package immediately after submitting DS-260 in Oct-15.
Click to expand...

Yes you can submit your AOS package right after the DS-260 submission which means you wouldn't have your 2NL for inclusion in your AOS package which is not a problem. You can present the 2NL during your interview if requested.
 
Yeah, I will look back, thanks.
According to Sm1smom last reply on here it seems ok to send the AoS package even without the 2NL, and show it later at the interview if they really want to see it.
 
Hi,

I have a question about the bank statement. I have been selected for lottery green card 2017. Now, my husband is research assistance (RA) at university with a payment about $2000 per month (yearly about $ 24000 which is higher than poverty line in US) . Since he has RA contract, do we need to show USCIS a bank statement with a deposition more than poverty line or the RA contract is sufficient? Also, how long before filing AOS package do we can print out bank statement and send it with AOS package (now we have some money in our bank account, but for some reason we have to spend it before sending AOS package )?
Thanks,
 
KHSH said:
Hi,

I have a question about the bank statement. I have been selected for lottery green card 2017. Now, my husband is research assistance (RA) at university with a payment about $2000 per month (yearly about $ 24000 which is higher than poverty line in US) . Since he has RA contract, do we need to show USCIS a bank statement with a deposition more than poverty line or the RA contract is sufficient? Also, how long before filing AOS package do we can print out bank statement and send it with AOS package (now we have some money in our bank account, but for some reason we have to spend it before sending AOS package )?
Thanks,
Click to expand...

The bank statements have to be recent, but if you don't have a substantial amount of savings in the account there's no point including the bank statements. My suggestion is to find someone who can fill out an affidavit of support for you guys since you're on student visas.
 
I-134 form can be filled out on Pdf file as typing but for signature there is no space to do Electronic Signature. My question is how this form must be signed? Type information and sign after printing out?
As spreadsheet says, my sponsor must provide: copies of tax return, Bank Statement and W-2 as well as Governmental ID
But in I-394 instruction pdf It says nothing related to these documnets but Bank statement.
He has his own businees and company
Should he provide his tax return transcripts as well?
 
SoroushO2 said:
I-134 form can be filled out on Pdf file as typing but for signature there is no space to do Electronic Signature. My question is how this form must be signed? Type information and sign after printing out?
As spreadsheet says, my sponsor must provide: copies of tax return, Bank Statement and W-2 as well as Governmental ID
But in I-394 instruction pdf It says nothing related to these documnets but Bank statement.
He has his own businees and company
Should he provide his tax return transcripts as well?
Click to expand...

The form needs to be signed in person, so yes you can type out the information then print the form for the hand written signature.
 
I would like to thank you for your kind assistance, this is so far the best forum discussing about AOS. I hope you can answer my questions.

- I am a DV2017 winner with 2017AF000089** and according to the VB, my visa no will be current in Nov.
- I'm visiting the US for a conference in early Oct 2016 with B1/B2 visa that's expiring in late Oct 2016 (I got this visa from a conference in Oct last year but it was issued late so I missed that conference and now I'm going to another one). I will be most probably given a 6-months visa upon entry.
- I haven't submitted the DS-260 to avoid the dual-intent problem and I'll follow your advice and apply after 60 days upon entry.

Now my questions are:
1-if my visa number will be current in Nov, but I only submit the DS-260 in Dec, will that delay the AOS processing? Do you think I will have enough time to file my AOS before my non-immigrant visa expires?
2-Can I open a bank account with my B1/B2 visa to get a bank statement? If no, what can I do if I don't have any bank account elsewhere (As I must close my bank account in the country where I'm living now once my study visa expires)?

Many thanks.

Note: I'm not choosing the CP option, because I was studying overseas and I have recently completed my PhD so my study visa is expiring soon and my home country is not safe to go back to, so that's why I'm considering the AOS especially that I will be there when my number is current.
 
Yasmine83 said:
I would like to thank you for your kind assistance, this is so far the best forum discussing about AOS. I hope you can answer my questions.

- I am a DV2017 winner with 2017AF000089** and according to the VB, my visa no will be current in Nov.
- I'm visiting the US for a conference in early Oct 2016 with B1/B2 visa that's expiring in late Oct 2016 (I got this visa from a conference in Oct last year but it was issued late so I missed that conference and now I'm going to another one). I will be most probably given a 6-months visa upon entry.
- I haven't submitted the DS-260 to avoid the dual-intent problem and I'll follow your advice and apply after 60 days upon entry.

Now my questions are:
1-if my visa number will be current in Nov, but I only submit the DS-260 in Dec, will that delay the AOS processing? Do you think I will have enough time to file my AOS before my non-immigrant visa expires?
2-Can I open a bank account with my B1/B2 visa to get a bank statement? If no, what can I do if I don't have any bank account elsewhere (As I must close my bank account in the country where I'm living now once my study visa expires)?

Many thanks.

Note: I'm not choosing the CP option, because I was studying overseas and I have recently completed my PhD so my study visa is expiring soon and my home country is not safe to go back to, so that's why I'm considering the AOS especially that I will be there when my number is current.
Click to expand...

To set the record straight: I am NOT advising anyone who is not currently in the US to enter the country with a preconceived immigrant intent and then wait 60 days before declaring their immigrant intent. I'm pointing out the 30-60-90 days rule to those already in the US who try to file upon arrival or shortly after that.

It is important for me to make the above disclaimer because I know that the USCIS frowns upon precisely what you're planning on doing - entering on a NIV (especially with a B1/B2 visa) with the preconceived intent of status adjustment. You should be aware the AOS petition you will be filing can still be denied on the basis of having a preconceived immigrant intent prior to admission, even after waiting 60-90 days before filing for AOS. The IO at the time of your interview can clearly ask to know when you found out you were a DV selectee, and the correct answer you're expected to provide, will be a clear indication of your preconceived immigrant intent. You may also be denied admission into the US as a matter of fact, if they suspect you harbor an immigrant intent at the POE - having a US visa does not guarantee an admission into the US.

In an hypothetical situation (assuming this is a case of someone that has already entered the US on a B1/B2 visa who is now planning on AOS filing), answers to your questions as follows:

1. DS260 submission date has no bearing on the AOS process except for the fact that the 2NL may not be available to be included in the AOS package. Expiration of the granted duration of stay does not matter as long as the AOS petition is filed and accepted by USCIS before the granted duration of stay expires. Bear in mind if the AOS petition gets denied, you will no longer have a legal status in the US, even if the granted duration of stay hasn't expired as at the time the AOS petition gets denied.

2. I don't know if you can or cannot open a bank a/c. Some banks may allow it, you'll have to approach the banks directly. If you don't have a bank account with significant amount of savings in it, you'll need to find someone to fill out an affidavit of support for you.
 
Sm1smom said:
To set the record straight: I am NOT advising anyone who is not currently in the US to enter the country with a preconceived immigrant intent and then wait 60 days before declaring their immigrant intent. I'm pointing out the 30-60-90 days rule those already in the US who try to file upon arrival or shortly after that.

It is important for me to make the above disclaimer because I know that the USCIS frowns upon precisely what you're planning on doing - entering on a NIV (especially with a B1/B2 visa) with the preconceived intent of status adjustment. You should be aware the AOS petition you will be filing can still be denied on the basis of having a preconceived immigrant intent prior to admission. The IO at the time of your interview can clearly ask to know when you found out you were a DV selectee, and the correct answer you're expected to provide, will be a clear indication of your preconceived immigrant intent. You may also be denied admission into the US as a matter of fact, if they suspect you harbor an immigrant intent at the POE - having a US visa does not guarantee an admission into the US.

In an hypothetical situation (assuming this is a case of someone that has already entered the US B1/B2 visa who is now planning on AOS filing), answers to your questions as follows:

1. DS260 submission date has no bearing on the AOS process except for the fact that the 2NL may not be available to be included in the AOS package. Expiration of the granted duration of stay does not matter as long as the AOS petition is filed and accepted by USCIS before the granted duration of stay expires. Bear in mind if the AOS petition gets denied, you will no longer have a legal status in the US, even if the granted duration of stay hasn't expired as at the time the AOS petition gets denied.

2. I don't know if you can or cannot open a bank a/c. Some banks may allow it, you'll have to approach the banks directly. If you don't have a bank account with significant amount of savings in it, you'll need to find someone to fill out an affidavit of support for you.
Click to expand...

Thank you for your answer, very helpful.
 
You must log in or register to reply here.
Top