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DV 2018 AOS Only

Sm1smom said:
Like you already know if you decide to process AOS your wife will not be eligible to process AOS with you since she's currently back in your home country, that will require her to process CP as as follow to join (FTJ). You should consider returning home to process CP together with your wife.

Regarding what the next step should, if you're processing AOS, you need to go through the AOS process spreadsheet for further guidance on on what happens when - you can find the link to that on the first post on page one of this Thread.

For CP, I recommend taking another look at your selectee notification letter, click on the links provided in it which should take you to the if you've been selected page and steps on what to do.
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Thanks for reply and for link.
What does FTJ stands for?

I was also considering to return home for CP processing. However, it means I might loose status in case visa denied? I can't event apply for F-1 again?

Should I decide to proceed with AOS, it is not clear how process goes.
I fill DS260 and request that my case is sent to USCIS. Then I complete all documents and go to interview at local office in Chicago. What about my wife? Should I request USCIS officer to contact home embassy to interview my wife?
Do I have to pay AOS fee for both of us (plus DV administrative fee)? Or is it just one AOS fee and one USCIS fee?
 
hawkeyes said:
Thanks for reply and for link.
What does FTJ stands for?

I was also considering to return home for CP processing. However, it means I might loose status in case visa denied? I can't event apply for F-1 again?

Should I decide to proceed with AOS, it is not clear how process goes.
I fill DS260 and request that my case is sent to USCIS. Then I complete all documents and go to interview at local office in Chicago. What about my wife? Should I request USCIS officer to contact home embassy to interview my wife?
Do I have to pay AOS fee for both of us (plus DV administrative fee)? Or is it just one AOS fee and one USCIS fee?
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1. I already wrote the full meaning of FTJ in my previous post before putting the abbreviation in parentheses - check that post again.

2. Assuming you still have a valid F1 visa when you go for CP and the GC petition gets denied, you have a 50/50 chance of being allowed back in (assuming your GC petition didn't time out because you were stuck in AP). If the current F1 is already expired and your GC petition gets denied, then you're unlikely to be approved for a new F1 on the basis of an already demonstrated immigrant intent.

3. If you decide on AOS and FTJ for your wife, you will need to note on your DS260 form that your wife is processing FTJ and you will need to fill out the DS260 form for her also. Then you will complete the AOS process and when you're approved, you file form I-824 with USCIS informing them your wife is processing FTJ. Your USCIS FO will then forward your case file to the US embassy assigned to your home country where your wife is. The embassy will initiate contact with your wife and schedule her for her CP appointment at their own convenience.

4. You only pay the DV administrative fee in advance for yourself. Your wife makes her own payment at the embassy on the day of her interview.

p.s. Group and number yours questions - makes it easier to reference and respond accordingly.
 
Sm1smom said:
1. I recommend you use the new I-485 form which has Diversity Visa Program specifically listed as one of the basis of filing.

2. You haven't been assigned to any FO because you're yet to submit your AOS package. The address on your selectee notification letter or the DS260 form are immaterial. Your GC will be sent to whatever address you list on your I-485. Your assigned FO will also be based on that address.
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Thank you mom,

A few more questions please.

1. If I send in bank statements and they deem those insufficient, do I run the risk of my application being rejected or I would be notified that I need a sponsor. Would it be a good idea to mail both bank statements and I-134, but to indicate that ideally I would not want a sponsor.

2. I noticed you have I-797 listed in 2 categories: Forms and Proof of Valid Status in the U.S. - I am assuming only one copy of the I-797 is required?

3. If I am approved for OPT after I mail in the AOS package, would I have to fill out the I-765 - Employment Authorization form?

Big thanks!
 
Jonathan784 said:
Thank you mom,

A few more questions please.

1. If I send in bank statements and they deem those insufficient, do I run the risk of my application being rejected or I would be notified that I need a sponsor. Would it be a good idea to mail both bank statements and I-134, but to indicate that ideally I would not want a sponsor.

2. I noticed you have I-797 listed in 2 categories: Forms and Proof of Valid Status in the U.S. - I am assuming only one copy of the I-797 is required?

3. If I am approved for OPT after I mail in the AOS package, would I have to fill out the I-765 - Employment Authorization form?

Big thanks!
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1. If you're deemed a public charge risk, your FO may:
a) issue a RFE/RFI (Request for Evidence) by asking you to mail in an affidavit of support. This is rarely issued for DV based AOS petitions but when it is done, it's basically adding unnecessary delay to your process, it delays your interview.
b) invite you for an interview and request you send in the affidavit of support at the end of the interview. This means your petition takes longer to be adjudicated.

And no, you cannot dictate to them what you want in terms of how they should assess your petition.

2. One copy of each I-797 you may have.

3. I don't know precisely what the question is here - are you asking about an OPT based EAD or an AOS based EAD?
 
Sm1smom said:
1. I already wrote the full meaning of FTJ in my previous post before putting the abbreviation in parentheses - check that post again.

2. Assuming you still have a valid F1 visa when you go for CP and the GC petition gets denied, you have a 50/50 chance of being allowed back in (assuming your GC petition didn't time out because you were stuck in AP). If the current F1 is already expired and your GC petition gets denied, then you're unlikely to be approved for a new F1 on the basis of an already demonstrated immigrant intent.

3. If you decide on AOS and FTJ for your wife, you will need to note on your DS260 form that your wife is processing FTJ and you will need to fill out the DS260 form for her also. Then you will complete the AOS process and when you're approved, you file form I-824 with USCIS informing them your wife is processing FTJ. Your USCIS FO will then forward your case file to the US embassy assigned to your home country where your wife is. The embassy will initiate contact with your wife and schedule her for her CP appointment at their own convenience.

4. You only pay the DV administrative fee in advance for yourself. Your wife makes her own payment at the embassy on the day of her interview.

p.s. Group and number yours questions - makes it easier to reference and respond accordingly.
Click to expand...

Hi Mom,

Thanks for clarification and valuable information, everything is clear now.
I will enumerate my questions next time :)
 
Hi, Mom!
First of all, thank you so much for this great Forum! You are doing really BIG job

I am F-1 visa holder. Entered the US with F-2 visa (spouse's dependent) for the first time in my life and then changed my status to F-1 (4 years ago). And since I entered the country I haven't left the country, but remain my status active. And my husband lost his student status when he was transferring from one school to another one 2 years ago (he's waiting for his Master's hearing). I have a few questions please. So my questions are:

1. As I understand, he cannot apply for AOS with me. He has to fix his status. So what should I answer for the question in DS-260: "Is your spouse immigrating to the US at a LATER date to join you?" (We are planning to do something to fix his status based on my GC later- of course if I'll get one)

2. Since I am not allowed to work (my ESL courses doesn't give me an OPT benefit), I have a foreing country sponsor (my sponsor is a company that owned by my father-in-law and it's in my country). Do I need to submit any financial support form or regular Sponsorship letter with Bank statement from my sponsor would be enough?
 
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Mooonlight said:
Hi, Mom!
First of all, thank you so much for this great Forum! You are doing really BIG job

I am F-1 visa holder. Entered the US with F-2 visa (spouse's dependent) for the first time in my life and then changed my status to F-1 (4 years ago). And since I entered the country I haven't left the country, but remain my status active. And my husband lost his student status when he was transferring from one school to another one 2 years ago (he's waiting for his Master's hearing). I have a few questions please. So my questions are:

1. As I understand, he cannot apply for AOS with me. He has to fix his status. So what should I answer for the question in DS-260: "Is your spouse immigrating to the US at a LATER date to join you?" (We are planning to do something to fix his status based on my GC later- of course if I'll get one)

2. Since I am not allowed to work (my ESL courses doesn't give me an OPT benefit), I have a foreing country sponsor (my sponsor is a company that owned by my father-in-law and it's in my country). Do I need to submit any financial support form or regular Sponsorship letter with Bank statement from my sponsor would be enough?
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1. You can answer 'Yes'

2. If you have no personal financial documents you can use in support of your petition, I suggest you get an I-134 - this has to be provided by a USC or LPR.
 
Sm1smom said:
1. If you're deemed a public charge risk, your FO may:
a) issue a RFE/RFI (Request for Evidence) by asking you to mail in an affidavit of support. This is rarely issued for DV based AOS petitions but when it is done, it's basically adding unnecessary delay to your process, it delays your interview.
b) invite you for an interview and request you send in the affidavit of support at the end of the interview. This means your petition takes longer to be adjudicated.

And no, you cannot dictate to them what you want in terms of how they should assess your petition.

2. One copy of each I-797 you may have.

3. I don't know precisely what the question is here - are you asking about an OPT based EAD or an AOS based EAD?
Click to expand...

1. In the notes under the AOS Package sheet, it is mentioned that if you're interested in taking authorized employment prior to AOS approval, I-765 should be filed - application for EAD. My question is if I plan to do OPT after I graduate but prior to AOS approval, would I be required to file I-765?
 
Jonathan784 said:
1. In the notes under the AOS Package sheet, it is mentioned that if you're interested in taking authorized employment prior to AOS approval, I-765 should be filed - application for EAD. My question is if I plan to do OPT after I graduate but prior to AOS approval, would I be required to file I-765?
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There is no requirement for anyone to file an I-765 with their AOS package, include the form if you like. And I suggest you read the additional comment on the spreadsheet regarding the use of an AOS based EAD or AP card.
 
Hi Sm1Mom,

I was reading earlier posts and read something called 30-60-90 rule. I did not know about this before and would like to know if I have messed up my case. Here is description of my situation.

I am F1-OPT status.

May 5, 2017, I learned that I was selected.
May 7, 2017, I travel back home. (This trip was planned one month earlier before)
May 11, 2017, I interview at home to re-enter US with F-1 visa (I had to return for work).
May 18, 2017, I submit DS260 with my wife.
May 26, 2017, I re-enter US without problem.

I am considering to unlock DS260 and change CP to AOS. I am afraid loosing status if I travel back and get denied.
Can you please share your expertise on this? Did I mess up things?
 
hawkeyes said:
Hi Sm1Mom,

I was reading earlier posts and read something called 30-60-90 rule. I did not know about this before and would like to know if I have messed up my case. Here is description of my situation.

I am F1-OPT status.

May 5, 2017, I learned that I was selected.
May 7, 2017, I travel back home. (This trip was planned one month earlier before)
May 11, 2017, I interview at home to re-enter US with F-1 visa (I had to return for work).
May 18, 2017, I submit DS260 with my wife.
May 26, 2017, I re-enter US without problem.

I am considering to unlock DS260 and change CP to AOS. I am afraid loosing status if I travel back and get denied.
Can you please share your expertise on this? Did I mess up things?
Click to expand...

Since you had indicated you were planning on processing CP when you submitted your DS-260 form, entering the US on a NIV following the submission is completely acceptable.

My question though with your proposed planned change is what about your wife who is currently not US based and is clearly not AOS eligible?

If your plan is for her to process FTJ, do you have any idea when your CN is likely to become current? Are you aware if your wife isn't processed and approved by COB Sept. 30th, you will now need to formally sponsor her, which costs more in terms of resources and time?

And finally, what makes you think you're more likely to be denied and subsequently loose your current status if you go the CP route rather than approved?
 
Sm1smom said:
Since you had indicated you were planning on processing CP when you submitted your DS-260 form, entering the US on a NIV following the submission is completely acceptable.

My question though with your proposed planned change is what about your wife who is currently not US based and is clearly not AOS eligible?

If your plan is for her to process FTJ, do you have any idea when your CN is likely to become current? Are you aware if your wife isn't processed and approved by COB Sept. 30th, you will now need to formally sponsor her, which costs more in terms of resources and time?

And finally, what makes you think you're more likely to be denied and subsequently loose your current status if you go the CP route rather than approved?
Click to expand...

Hi Sm1smom,

Thanks for reply.
Just follow-up on the first item.
Does filling DS260 alone considered strong evidence for "immigration intent" or can it be considered as "desire for immigration"? I was reading other websites where they claimed "immigration intent" is considered once you file I-485 and/or I-140. In case, if I decide to proceed AOS, do you think I am falling into pre-concieved intent or not? Sorry, if you already answered this question, just want to be sure.

1. I was thinking her to process FTJ

2. I am guessing my CN (EU11xxx) will be current on November. I am not sure how long it will take before AOS is completed.

3. I don't have strong reason to think my application will be denied at home. However, it seems more opportunities are possible to recover a denied case here, like appealing and reopening. I am also considering my current commitments, I am not able to be absent from work for long time.

Maybe, this is not the right form to ask, but if we both proceed with CP. Do you think, I can get us-entry visa (in condition it is approved) the day I went for interview? Or, is there additional wait time for processing like waiting CG or other processes?
 
hawkeyes said:
Hi Sm1smom,

Thanks for reply.
Just follow-up on the first item.
Does filling DS260 alone considered strong evidence for "immigration intent" or can it be considered as "desire for immigration"? I was reading other websites where they claimed "immigration intent" is considered once you file I-485 and/or I-140. In case, if I decide to proceed AOS, do you think I am falling into pre-concieved intent or not? Sorry, if you already answered this question, just want to be sure.

1. I was thinking her to process FTJ

2. I am guessing my CN (EU11xxx) will be current on November. I am not sure how long it will take before AOS is completed.

3. I don't have strong reason to think my application will be denied at home. However, it seems more opportunities are possible to recover a denied case here, like appealing and reopening. I am also considering my current commitments, I am not able to be absent from work for long time.

Maybe, this is not the right form to ask, but if we both proceed with CP. Do you think, I can get us-entry visa (in condition it is approved) the day I went for interview? Or, is there additional wait time for processing like waiting CG or other processes?
Click to expand...

An immigrant intent is demonstrated with the submission of the DS-260 form in this case.

Technically speaking, you fall into the category of having a "preconceived intent" to adjust status, but you haven't demonstrated that since your DS260 indicates you plan on going back to process CP. It isn't unusual for someone to come into the US on a NIV and due to a change in circumstance end up filing for AOS. If you wait for at least 60 days and possibly 90 days since your return before contacting KCC to indicate a change in process option or filing for AOS, you overcome that preconceived intent.

If you leave to process CP, you cannot return until you get your passport back from the embassy which will definitely not be the day you attend your interview. Assuming you're not stuck in AP, you may get the passport back within a week or two of your interview date.
 
Sm1smom said:
An immigrant intent is demonstrated with the submission of the DS-260 form in this case.

Technically speaking, you fall into the category of having a "preconceived intent" to adjust status, but you haven't demonstrated that since your DS260 indicates you plan on going back to process CP. It isn't unusual for someone to come into the US on a NIV and due to a change in circumstance end up filing for AOS. If you wait for at least 60 days and possibly 90 days since your return before contacting KCC to indicate a change in process option or filing for AOS, you overcome that preconceived intent.

If you leave to process CP, you cannot return until you get your passport back from the embassy which will definitely not be the day you attend your interview. Assuming you're not stuck in AP, you may get the passport back within a week or two of your interview date.
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Thanks this makes a lot of sense now.
 
I have question about the receipt of DV administrative fee payment: is that just a cover letter I sent them with a stamp "paid" and a date? That's all I got back from DoS...
 
Guys, what should I write on the personal check to pay DV fee?
Pay to the Order of __________ Department of State?

For ________ what? Adjustment of Status? Or just case number?
 
F1_DV2018 said:
Guys, what should I write on the personal check to pay DV fee?
Pay to the Order of __________ Department of State?

For ________ what? Adjustment of Status? Or just case number?
Click to expand...

Are you asking about the DV Administrative fee or the AOS fee payment?
 
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