DV 2018 AOS Only

[SusieQQQ]

Oh question 1 meant, besides the background check. Like she has a court soon and Simon said they don’t do background checks so that is why I was kinda surprise.
And asked if they don’t do the baground check then what they do? Probably check name last name and all information regarding that person who filed 134 But don’t check background and would neve know if she has a court or no.

I’m confused, why would they do a background check? All they are interested in is if the sponsor has the financial means to be a sponsor. Whether or not the sponsor exists etc will be obvious from the tax return!

 

[W.M]

That’s not true at all, I’m active on another forum, some DV selectees from places like Morocco were in AP for months - I think one was over 6 months, long enough that he had to redo his medical for visa issuance. There was also a selectee from South Korea who had to submit DS5535, so it’s not just Muslim countries. She was also on AP for months, recently approved. Plenty more stories like that.

Did I say Muslims word in my reply??

 

[SusieQQQ]

Did I say Muslims word in my reply??

Pre-empting certain posters before they start complaining again. The key point being that it is totally false to claim that those doing CP don’t undergo the same kind of checks, it’s just that they get put on AP after interview rather than possibly have them done before like in AOS. We have plenty evidence of that on this (probably most “famous” is user gabam) and other forums.

 

[Sm1smom]

http://britsimonsays.com/administrative-processing-fbi-name-checks/
Take it easy mom and thank you for your help and time. We are one family in this forum and sometime disagreement happen and that’s normal.

This is not a matter of disagreement, it’s a case of being accused of something I never said and I don’t take kindly to that. What you’ve linked is an explanation of what the background check looks like, not proof of what you accused me of saying!

 

[Yosef]

Yosef,
I can understand your frustration because I'm in the same situation as yours. However, your post is not offering any help to any one. It will just increase our frustration and depression. Believe me, I can't even sleep at night because of this longed background check. I have a wife and 4 kids, and all of there dreams are in this case, which just makes it harder for me. However, there is nothing that we can do but to wait and keep going to the infopass appointment. Hope the best for you and for everybody.

Thank you brother. This information from Britsimon blog not me. http://britsimonsays.com/administrative-processing-fbi-name-checks/

 

[Yosef]

This is not a matter of disagreement, it’s a case of being accused of something I never said and I don’t take kindly to that. What you’ve linked is an explanation of what the background check looks like, not proof of what you accused me of saying!

Sorry again mom. I mixed up between you and Britsimon. Apologize

 

[Sm1smom]

What surprising me is that, selectees who did consular process not went through this hard background checks and probably their first time to come to US, while selectees living in US for a while who did AOS almost documented and have some records got those hardship.

This is absolutely NOT true. CPers are subjected to the same level of background check scrutiny as AOSers. For CPers who fall into that category, their background checks starts with KCC conducting a name only background checks. Additional checks are carried out at the end of the CP interview following fingerprints capture. Those who do not clear the initial background check based the captured fingerprints also end up on months, and for some years, of prolonged AP.

And FYI, this is not limited to those applying for IV only, there are several NIV applicants caught in this net too who wait for several months before being cleared or eventually denied.

 

[Sm1smom]

Sorry again mom. I mixed up between you and Britsimon. Apologize

Apology accepted.

 

[Lcky7]

I’m confused, why would they do a background check? All they are interested in is if the sponsor has the financial means to be a sponsor. Whether or not the sponsor exists etc will be obvious from the tax return!

There is no questions about tax return in i-134. Or am I wrong ??

 

[Sm1smom]

There is no questions about tax return in i-134. Or am I wrong ??

The person providing you with an I-134 needs to provide supporting documents such as W2 or 1099 and a copy of the US passport or GC depending on their status. Providing an IRS tax return in addition also helps.

 

[Lcky7]

The person providing you with an I-134 needs to provide supporting documents such as W2 or 1099 and a copy of the US passport or GC depending on their status. Providing an IRS tax return in addition also helps.

I see. Unfortunately my friend is a truck driver and always busy. All he could do send me form and now I asked for a picture of GC and form w2 or 1099 and if possible irs tax return. He said tax return not possible becuse its far away from his apartment. And he is trying to find green card picture and w2 or 1099 to support. If he won’t be able to find them should I go just with i134 and tell officer we will email other documents to him or that will be a problem ?

Mmmm.......

 

[Lcky7]

The person providing you with an I-134 needs to provide supporting documents such as W2 or 1099 and a copy of the US passport or GC depending on their status. Providing an IRS tax return in addition also helps.

He found green card picture but can’t find 1099 nor tax return. Will that be fine ? What do you think ?

 

[W.M]

This is absolutely NOT true. CPers are subjected to the same level of background check scrutiny as AOSers. For CPers who fall into that category, their background checks starts with KCC conducting a name only background checks. Additional checks are carried out at the end of the CP interview following fingerprints capture. Those who do not clear the initial background check based the captured fingerprints also end up on months, and for some years, of prolonged AP.

And FYI, this is not limited to those applying for IV only, there are several NIV applicants caught in this net too who wait for several months before being cleared or eventually denied.

So, UCSIS process for adjudicate DV cases might need to be improved & changed.
I know it is optional to apply through USCIS or CP but for those who can’t leave US for some other reason ; it is unfairly to stuck and lost this precious opportunity because of this process performance.
Wondering,why it is too impossible to do the interview when CN becomes actually current as long as selectees choose to adjust status into the DS-260 prior to their number being current by enough time.
that would help run background takes its time before it’s cleared,having spare time to manage situation if cases got denial or stucked for unexpected reasons and so on...

 

[Sm1smom]

He found green card picture but can’t find 1099 nor tax return. Will that be fine ? What do you think ?

So how is USCIS supposed to verify the income he’s claiming on the I-134 if he’s unable to provide documents to back up the claim? So no, the I-134 is no good if there’s no back up financial papers.

 

[Sm1smom]

So, UCSIS process for adjudicate DV cases might need to be improved & changed.
I know it is optional to apply through USCIS or CP but for those who can’t leave US for some other reason ; it is unfairly to stuck and lost this precious opportunity because of this process performance.
Wondering,why it is too impossible to do the interview when CN becomes actually current as long as selectees choose to adjust status into the DS-260 prior to their number being current by enough time.
that would help run background takes its time before it’s cleared,having spare time to manage situation if cases got denial or stucked for unexpected reasons and so on...

USCIS’s process does not have to change their process to accommodate anyone who has knowingly put themselves in a state whereby a departure from the US following a DV selection could result in a 3 or 10 year ban due to an overstay. Not being able to leave is not USCIS’s fault, so claiming it’s unfair sounds ridiculous and makes no sense to me.

USCIS is already doing enough to accommodate DV based AOS petitions. Other petitions such as family or employment based AOS takes much more time than the DV based AOS. If anyone should be complaining it is those with other types of AOS in the system who gets jumped over year after year because USCIS is trying to accommodate DV based petitions. Bear in mind USCIS deal with a whole lot more than just AOS petitions.

Your DS260 form does not go directly to USCIS regardless of how early or how late the form was filled and submitted. The first step of the process as far as AOS is concerned is when you submit an AOS package, the DS260 form cannot be used to hold down a spot for someone simply because they submitted it early.

And finally, harsh as this may sound, you need to remember immigration, especially the opportunity to process AOS, is a privilege not a right. USCIS can and will continue to process such as they deem fit.

 

[SusieQQQ]

There is no questions about tax return in i-134. Or am I wrong ??

I gave you a link for instructions for I134 and told you the page number in it with what is required for evidence. It’s there.

 

[SusieQQQ]

USCIS’s process does not have to change their process to accommodate anyone who has knowingly put themselves in a state whereby a departure from the US following a DV selection could result in a 3 or 10 year ban due to an overstay. Not being able to leave is not USCIS’s fault, so claiming it’s unfair sounds ridiculous and makes no sense to me.

USCIS is already doing enough to accommodate DV based AOS petitions. Other petitions such as family or employment based AOS takes much more time than the DV based AOS. If anyone should be complaining it is those with other types of AOS in the system who gets jumped over year after year because USCIS is trying to accommodate DV based petitions. Bear in mind USCIS deal with a whole lot more than just AOS petitions.

Your DS260 form does not go directly to USCIS regardless of how early or how late the form was filled and submitted. The first step of the process as far as AOS is concerned is when you submit an AOS package, the DS260 form cannot be used to hold down a spot for someone simply because they submitted it early.

And finally, harsh as this may sound, you need to remember immigration, especially the opportunity to process AOS, is a privilege not a right. USCIS can and will continue to process such as they deem fit.

Good explanation. Just to add, all cases, not just DV, take longer to process via AOS than CP. it must indeed be annoying for someone with a family based petition to not only be waiting longer than CP but to then have DV cases jump the queue ahead of them!

 

[W.M]

USCIS’s process does not have to change their process to accommodate anyone who has knowingly put themselves in a state whereby a departure from the US following a DV selection could result in a 3 or 10 year ban due to an overstay. Not being able to leave is not USCIS’s fault, so claiming it’s unfair sounds ridiculous and makes no sense to me.

USCIS is already doing enough to accommodate DV based AOS petitions. Other petitions such as family or employment based AOS takes much more time than the DV based AOS. If anyone should be complaining it is those with other types of AOS in the system who gets jumped over year after year because USCIS is trying to accommodate DV based petitions. Bear in mind USCIS deal with a whole lot more than just AOS petitions.

Your DS260 form does not go directly to USCIS regardless of how early or how late the form was filled and submitted. The first step of the process as far as AOS is concerned is when you submit an AOS package, the DS260 form cannot be used to hold down a spot for someone simply because they submitted it early.

And finally, harsh as this may sound, you need to remember immigration, especially the opportunity to process AOS, is a privilege not a right. USCIS can and will continue to process such as they deem fit.

I mentioned selectees who can not leave US as an example not exclusively..
I believe USCIS have many others AOS petitioners rather than based on DV, but comparing to the other categories DV selectees are very slim number.
regarding the ds-260 & KCC, the form itself could easly realize the winner if living inside US or not and electronicly recommend to adjust status based on the address submitted with eDV application (optional) & file could be automatically goes to the FO based on Zip code attached with address plus allocated visa (coordination needed).
it is possible to submit AOS package three or four month prior to the CN becomes current and biometric have done within well timing,then set the interview after everything has been completed,if further background checks needed or something else goes wrong lets say it is another story but at least time could help to try fix it.
how come it takes 3 or 4 month after the number became current, and AOSers
visa either run out or went through another diffculties.
Yes it is previlige, but it is our right to fight for.
Thanks

 

[Lcky7]

I will update interview results in the morning.

I’m little worried, but maybe that’s all right. They sent me lEtter form g56 RFE. And it was asking for only evidence that after arrest for traffic violation was dissmissed by judge and that I don’t have a criminal record. They did not accept a police report alone.

I’ve got documents from cook county, Illinois showing dismissal of those violations and also took document indicating that I was not criminally charged nor have criminal conviction. I then type an email to supervisor IO, saying that I’ve got those documents which then he replied by saying thank you for getting needed documentation ahead of time. I thought it was a good sign.

However, I’m struggling with something. When I was filing i485 and I indicated that I was arrested once even though it was a traffic violation which then got dismissed. Not sure how will officer react to it and don’t know how to explain him why I clicked yes on that question. It was confusing to me. Anyways if anyone can say something on this matter please do, maybe It will help me to not stress about it. Otherwise good luck to me. Will update later.

Thanks,

 

[Sm1smom]

I mentioned selectees who can not leave US as an example not exclusively..
I believe USCIS have many others AOS petitioners rather than based on DV, but comparing to the other categories DV selectees are very slim number.
regarding the ds-260 & KCC, the form itself could easly realize the winner if living inside US or not and electronicly recommend to adjust status based on the address submitted with eDV application (optional) & file could be automatically goes to the FO based on Zip code attached with address plus allocated visa (coordination needed).
it is possible to submit AOS package three or four month prior to the CN becomes current and biometric have done within well timing,then set the interview after everything has been completed,if further background checks needed or something else goes wrong lets say it is another story but at least time could help to try fix it.
how come it takes 3 or 4 month after the number became current, and AOSers
visa either run out or went through another diffculties.
Yes it is previlige, but it is our right to fight for.
Thanks

The only selectees who cannot afford to leave the US to process CP are those who made the conscious decision to remain beyond their authorized stay. Every other selectee most definitely can, doing so may just be disruptive or inconvenience which is why USCIS is giving them the privilege - an opportunity- (and not rights!) of filing from within the US.

Of course you don’t know that until mid 2014 FY early filing wasn’t even allowed - a DV based AOS package received before the 1st day of the month in which it became current was automatically rejected and returned to the sender. Something as insignificant as a one day difference used to cause people close to 4 weeks of lost time during the process as it takes that long to receive back a rejected package. And now you think two months early filing is not enough, and they should make it three to four months, right? Maybe they should just allow AOS package submission from May when DV results.

If something is a privilege, you don’t have the right to fight for it. If you believe you have the right to fight for it, you should sue USCIS and demand they change their process to mirror that of CP.

This conversation if allowed to run its course will derail this thread, so I’m not going to continue with it. I’ve only responded this far because of the need to clear certain misconceptions.