DV 2018 AOS Only

[AndreyK]

I recommend you stop trying to analyze something you don’t quite understand. Bottom life, you just came into the US, it is highly recommended you abide by the 90 day waiting period before demonstrating your preconceived immigrant intent of filing for status adjustment.

Your H1B visa wouldn’t have been approved as a matter of fact if you had told the CO you do not plan on leaving the US at the end of your granted stay or that you plan on filing for adjustment of status once you get to the US.

The section you quoted above is equally applicable to you! B1/B2 or other NIV such as F1 will be as eligible to process AOS as a H1B status if they can demonstrate they merely had a change of heart after entering the US - this can be demonstrated by waiting for 90 days before filing. Your having a dual intent visa does not mean you’re automatically eligible for AOS.

You ought to have waited back at home and process CP like I suggested to you a couple of months ago, if you’re not willing to wait.

Anyway, you don’t have to listen to me, you can go ahead and file right away if you wish.

Last week we had an interview and today we found out we got approved.

Interview took around 20 minutes. First immigration officer (IO) represented himself and asked if we understood the purpose of the interview. Then he double checked information from the application. Specifically our names, our dates of birth, asked about my wife's job abroad. Then he asked several security questions (those from the long list with "yes/no" answers). I'm on H1B, my wife is on H4. To make sure we maintain the status, IO asked my wife if she worked, than he asked me, if I worked. We had no issues with that, since we maintain our status properly. I had my pay-stubs and working agreement attached to the application. The next several questions were the most stressful for me. He asked when did we get the DV selection letter, and then he asked when did we get married. We actually got married about 2 weeks after I downloaded the letter. He asked why we got married. I started to tell a long story about my feelings. Than he asked documents that prove we live together. We were prepared, and I gave him rental agreement, rental insurance, medical insurance, car registration and car tittle with both of our names on them. I had a bunch of other documents confirming our relationships, but he said that's enough. After that he said the interview is over and he needs to review the documents and we will get a letter in about two weeks. We think he actually sent the letter the same day. I really appreciate that person did his job well!

After the interview was over I honestly told the IO my biggest concern was that we potentially could be ineligible for AOS since we got the selection letter before getting to US by H1B. He said we're good, because we maintain our status properly. He also gave an example - if a student that came to US to study doesn't study can be ineligible for AOS.

One more note. The IO said he also needs to check if there is still quota available for our country. I'm from the european country where DV program is the most popular by statistics. So it was also a concern for me. If you are a person from such country, and even if you have a low number (like we did), AOS takes about 4 months, and at that time you can be out of quota. Otherwise if you go through CP, your green card can be approved the same month your case is current. We submitted our application in December and got approved at the end of March.

 

[D.D]

The most recent W2 or 1099.

I found someone who may be willing to help me with a I-134 but they are not willing to share their salary (W2), just savings /bank letter, assets. Can that be acceptable? If yes what's the minimum to report? Can they leave everything else in blank? I have no other option unfortunately.

 

[Sm1smom]

I found someone who may be willing to help me with a I-134 but they are not willing to share their salary (W2), just savings /bank letter, assets. Can that be acceptable? If yes what's the minimum to report? Can they leave everything else in blank? I have no other option unfortunately.

Yes they may go with Just savings/bank letter. I-134 says: (ignore the “duplicate” request)

Submit in duplicate evidence of income and resources, as appropriate:
A. Statement from an officer of the bank or other financial institutions with deposits, identifying the following details regarding the account:
(1) Date account opened;
(2) Total amount deposited for the past year; and (3) Present balance.
B. Statement(s) from your employer on business stationery showing: (1) Date and nature of employment;
(2) Salary paid; and
(3) Whether the position is temporary or permanent.
C. If self-employed:
(1) Copy of last income tax return led; or (2) Report of commercial rating concern.
D. List containing serial numbers and denominations of bonds and name of record owner(s).

However using a W2/1099 has always worked just fine in support of the I-134 - it’s simpler, which is why I recommend it.

If going the bank statement route, the balance should show some significant savings, possibly to the equivalent of an income above the poverty level applicable to the sponsor’s household and the person being sponsored combined together.

 

[Sm1smom]

I found someone who may be willing to help me with a I-134 but they are not willing to share their salary (W2), just savings /bank letter, assets. Can that be acceptable? If yes what's the minimum to report? Can they leave everything else in blank? I have no other option unfortunately.

And I honestly don’t get why you’re stressing yourself over the financial documents, your current income is above the applicable poverty guideline for your case so there isn’t likely to be a public charge concern on the IO’s part.

 

[Jozer basha]

Hello everyone,,
My interview experience:
Interview took place today at 9 am , I arrived 15 mins early , went through the security check , took a ticket and waited to be called by the officer , at 9:20 i was called , the IO was nice young lady , i took the oath , and did the fingerprints, she asked for ID i gave her my passport, she went through the I 485 form all yes and no questions , then asked for my birth certificate, then asked about the DOS reciept , asked me about my plans , then she told she had to review the case one more time and if she needed something she will send request through the mail , I asked her if my background check has done ,she said yes , then she told me i will receive a response with in 4-6 weeks , i left the office with a good feelings .
SHE DIDN’T ASK ABOUT ANY EVIDENCE OF FINANCIAL SUPPORT.
The online status didn’t change , i hope i will get response soon .


Mom , is it normal to tell me that i will get response with in 4-6 weeks? (Should i be worried?

 

[Sm1smom]

Hello everyone,,
My interview experience:
Interview took place today at 9 am , I arrived 15 mins early , went through the security check , took a ticket and waited to be called by the officer , at 9:20 i was called , the IO was nice young lady , i took the oath , and did the fingerprints, she asked for ID i gave her my passport, she went through the I 485 form all yes and no questions , then asked for my birth certificate, then asked about the DOS reciept , asked me about my plans , then she told she had to review the case one more time and if she needed something she will send request through the mail , I asked her if my background check has done ,she said yes , then she told me i will receive a response with in 4-6 weeks , i left the office with a good feelings .
SHE DIDN’T ASK ABOUT ANY EVIDENCE OF FINANCIAL SUPPORT.
The online status didn’t change , i hope i will get response soon .


Mom , is it normal to tell me that i will get response with in 4-6 weeks? (Should i be worried?

Yes it is normal - IO can say anything at the end of the interview

 

[Peter Marshall]

Hello,

Two things I hope you may be able to answer. 1. I had my fingerprints taken exactly six weeks ago now and there still seems to be no sign of an interview scheduled, despite the fact that I have quite a low DV number (EU66XX). Is it normal to still be waiting this long if you're already in the U.S. and is it possible to speed up the process? 2. Have you any insights re using the missionary exception? I was born in Gibraltar which is part of the UK and therefore ineligible but I listed Ireland as my country of chargeability. I lived in Gibraltar from birth till around 10 months of age. Both my parents were born and raised in Ireland, as were my three younger sisters. We all only carry Irish passports.

 

[Jozer basha]

Hello mom and everyone,,
Today i checked my online status ,it says “you attended the interview and we are reviewing your case “ , i called KCC to ask if the FO had requested my file ,the lady said yes they did yesterday.
Does the IO approve the case only after receiving the file from KCC ?
How long it takes to receive the file from KCC after it was requested?

 

[SusieQQQ]

Hello,

Two things I hope you may be able to answer. 1. I had my fingerprints taken exactly six weeks ago now and there still seems to be no sign of an interview scheduled, despite the fact that I have quite a low DV number (EU66XX). Is it normal to still be waiting this long if you're already in the U.S. and is it possible to speed up the process? 2. Have you any insights re using the missionary exception? I was born in Gibraltar which is part of the UK and therefore ineligible but I listed Ireland as my country of chargeability. I lived in Gibraltar from birth till around 10 months of age. Both my parents were born and raised in Ireland, as were my three younger sisters. We all only carry Irish passports.

1. Yes it can be a long wait and no you can’t speed it up. Unlike CP, you are not largely assured of an interview when you’re current. Some FOs just take time, and others batch DV cases.
2. Did you carefully read the FAQs on the entry form about whe you can qualify using your parents country of birth? Do you have documentation showing that your parents were temporarily in Gibraltar around the time of your birth? Your passport has nothing to do with it by the way, many people have never held a passport from their country of birth.

 

[Sm1smom]

Hello,

Two things I hope you may be able to answer. 1. I had my fingerprints taken exactly six weeks ago now and there still seems to be no sign of an interview scheduled, despite the fact that I have quite a low DV number (EU66XX). Is it normal to still be waiting this long if you're already in the U.S. and is it possible to speed up the process? 2. Have you any insights re using the missionary exception? I was born in Gibraltar which is part of the UK and therefore ineligible but I listed Ireland as my country of chargeability. I lived in Gibraltar from birth till around 10 months of age. Both my parents were born and raised in Ireland, as were my three younger sisters. We all only carry Irish passports.

Yes it’s normal to wait a while before an interview gets scheduled. This is dependent on your FO’s workload. Use the link below to check the listed past (and present) Timelines to get an idea of how long it takes your FO to schedule a DV based AOS interview.
http://goo.gl/0va2DU

As for the missionary exception, be sure you’re able to provide some sort of evidence proving the temporary nature of your parents’ stay in Gibraltar as at the time of your birth. Most of the IOs adjudicating DV based AOS petitions are not quite familiar with the DV rules and eligibility requirements - so they may or may note the fact that you’re cross-charging to your parents’ country of birth - be prepared to prove your case.

 

[Sm1smom]

Hello mom and everyone,,
Today i checked my online status ,it says “you attended the interview and we are reviewing your case “ , i called KCC to ask if the FO had requested my file ,the lady said yes they did yesterday.
Does the IO approve the case only after receiving the file from KCC ?
How long it takes to receive the file from KCC after it was requested?

The case will be approved after your FO receives your KCC file, assuming your background check has cleared and your IO has completed the case review they’re doing by then.

KCC case is electronically sent, when it is received depends on when KCC sends it.

 

[D.D]

I think in the I-485 it implies I need to provide record of every entry and stay in the United States? Like every I-797 and I-94 for every stay in my life or is it really just from latest entry onwards?
For the USCIS forms like I485, I-134, etc do I need to send the original ones or also copies like everything else?

 

[Sm1smom]

I think in the I-485 it implies I need to provide record of every entry and stay in the United States? Like every I-797 and I-94 for every stay in my life or is it really just from latest entry onwards?
For the USCIS forms like I485, I-134, etc do I need to send the original ones or also copies like everything else?

1. Copies of both for the most recent entry and current status - I believe this information is already available on the AOS process spreadsheet.

2. Original or copies of what? The actual forms??? That would be the original ones of course, you make and keep copies for your personal records.

 

[Peter Marshall]

I called KCC this morning who said they've sent my case to the LA field office. I then called LA field office who said the only reason I don't have an interview yet is because of their backlog. I'm waiting on a call back from someone at the LA field office to try push an interview forward. Based off the spreadsheet you sent, it looks like the LA wait time between biometrics appointment and interview is about ten weeks so I should have my interview early May. I'd rather do it sooner rather than later though incase all are issued by then. As for the missionary exception, does my fate lie with the IO's discretion? It's hard to put

 

[SusieQQQ]

I called KCC this morning who said they've sent my case to the LA field office. I then called LA field office who said the only reason I don't have an interview yet is because of their backlog. I'm waiting on a call back from someone at the LA field office to try push an interview forward. Based off the spreadsheet you sent, it looks like the LA wait time between biometrics appointment and interview is about ten weeks so I should have my interview early May. I'd rather do it sooner rather than later though incase all are issued by then. As for the missionary exception, does my fate lie with the IO's discretion? It's hard to put

If by "discretion" you mean you have to convince the IO of your case, yes. When you say "hard to put", do you mean you lack evidence of your parents' temporary stay in Gibraltar, or do you mean that the facts of the case may not align with what they need to?

Visas will not run out by May. If they run out it will be in September.

 

[Sm1smom]

I called KCC this morning who said they've sent my case to the LA field office. I then called LA field office who said the only reason I don't have an interview yet is because of their backlog. I'm waiting on a call back from someone at the LA field office to try push an interview forward. Based off the spreadsheet you sent, it looks like the LA wait time between biometrics appointment and interview is about ten weeks so I should have my interview early May. I'd rather do it sooner rather than later though incase all are issued by then. As for the missionary exception, does my fate lie with the IO's discretion? It's hard to put

You were able to speak with someone from your FO, and they indicated you will also get a call back aimed at pushing your case forward. This is certainly new to me, so can you share the number you used in reaching your FO? Some other forum members with LA as their FO May benefit from this.

What you were told on the phone is inline with the explanation I already gave regarding the delay you’re experiencing, right?

You shouldn’t be concerned with your fate laying at the IO’s discretion, you should focus on being able to proof your claim should the need arise. Do you have documented evidence of your parents’ temporary stay at the time of your birth?

 

[123biks123]

Hi Britsimon,
Thank you so much for your regular support.
1. My question is regarding the charge which was dismissed a year back. In USCIS filing i-485 instruction includes submitting
(a) An original or certified copy of the complete arrest report; and
(b) Certified copies of BOTH the indictment, information, or other formal charging document AND the final
disposition of each charge (for example, a dismissal order or acquittal order);

I have only the court dismissal record. What is complete arrest report meaning? how to get it ? Is the court record same as arrest report. Currently I'm in different state.

2. while filling form i-485, there are things which does not applies to me. Can I leave it blank or have to include N/A or none. If so can I hand write with the black pen or it should be only typed?

 

[D.D]

1. Copies of both for the most recent entry and current status - I believe this information is already available on the AOS process spreadsheet.

2. Original or copies of what? The actual forms??? That would be the original ones of course, you make and keep copies for your personal records.

Since my last entry, I switched from one type of visa to another, extended that one, then switched to another. So I don't have to provide every I-797 since my last entry? Just the latest?

I have another question, still worried about the public charge, if the I-134 is not legally binding, how much weight does it actually have to get approved if the officer determines i don't have enough resources? Is it standard to be accepted and statisfy the officer?
Thank you.

 

[Sm1smom]

Hi Britsimon,
Thank you so much for your regular support.
1. My question is regarding the charge which was dismissed a year back. In USCIS filing i-485 instruction includes submitting
(a) An original or certified copy of the complete arrest report; and
(b) Certified copies of BOTH the indictment, information, or other formal charging document AND the final
disposition of each charge (for example, a dismissal order or acquittal order);

I have only the court dismissal record. What is complete arrest report meaning? how to get it ? Is the court record same as arrest report. Currently I'm in different state.

2. while filling form i-485, there are things which does not applies to me. Can I leave it blank or have to include N/A or none. If so can I hand write with the black pen or it should be only typed?

1. Contact the police department that was in charge of the case for an arrest report.

2. I recommend typing or print in black pen - use one option for consistency. Use your discretion in using N/A or none for the sections of the form that are not applicable to you.

 

[Sm1smom]

Since my last entry, I switched from one type of visa to another, extended that one, then switched to another. So I don't have to provide every I-797 since my last entry? Just the latest?

I have another question, still worried about the public charge, if the I-134 is not legally binding, how much weight does it actually have to get approved if the officer determines i don't have enough resources? Is it standard to be accepted and statisfy the officer?
Thank you.

1. Provide copies of all I-797 you’ve been issued with as evidence of continuously maintaining a lawful status since your arrival in the US.

2. Yes it is standard.

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 may 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.

(b) (U) If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:

(i) (U) Returning resident applicants (SBs);

(ii) (U) Diversity visa applicants (DVs); and

(iii) (U) Fiancé(e)s (K-1s or K-3s).
https://fam.state.gov/fam/09FAM/09FAM030208.html#M302_8_2_C_9_​