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DV 2018 AOS Only

KKT115948 said:
Hi Mom,
I am sure you have heard about the new immigration proposal (RAISE) by the president. As far as I know, if it passes through the congress, it will eliminate the DV program. I hope it does not affect the 2018 lottery winners. I am so worried about this :(. I know it's just a proposal and nobody can predict the outcome now but I just wanted to know your opinion about this. Thank you.
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Yes I've heard about it. Like you rightly noted, it is a just a proposal for now, so I'm refraining from speculating on what may or may not happen. You can however go through the following Thread (link below) to read of others opinions on this:

http://forums.immigration.com/threads/raise-act-immigration-reform.335837/
 
Hey Sm1smom,

My 1NL, 2NL and Copy of DV administrative fee payment receipt contain my old address, where I lived when I applied for DV Lottery. But after that I moved to another address, and I indicated that in both DS-260 and self-addressed stamped envelope (for DV fee payment). I hope it won't be a problem that now my address is different. What do you think?
 
F1_DV2018 said:
Hey Sm1smom,

My 1NL, 2NL and Copy of DV administrative fee payment receipt contain my old address, where I lived when I applied for DV Lottery. But after that I moved to another address, and I indicated that in both DS-260 and self-addressed stamped envelope (for DV fee payment). I hope it won't be a problem that now my address is different. What do you think?
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Not a problem.
 
Hi mom,

Had a question from I-485 please.

There is a question asking if I am applying for Aos based on Immigration and Nationality Act, and it says if you select yes, then you are applying under family-based, employment based or DV based category. I don't think I am applying under INA but I am in the DV category, do you know what INA based AOS pertains to?

Thanks
 
Jonathan784 said:
Hi mom,

Had a question from I-485 please.

There is a question asking if I am applying for Aos based on Immigration and Nationality Act, and it says if you select yes, then you are applying under family-based, employment based or DV based category. I don't think I am applying under INA but I am in the DV category, do you know what INA based AOS pertains to?

Thanks
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Sm1smom said:
The question you really should be asking is what is INA 245(i)?

INA 245 requires anyone applying for adjustment of status must have been inspected and admitted or paroled, be eligible for an immigrant visa and admissible for permanent residence, and, with some exceptions, have maintained lawful nonimmigrant status. The alien must also not have engaged in unauthorized employment. Section 245(i) however allows certain aliens to apply for AOS notwithstanding the fact that he or she entered without inspection, overstayed, or worked without authorization.

So answer "Yes" to that question if you believe it is applicable to you and be sure to fill out Supplement A to Form I-485 like the I-485 says.
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I believe this post is related to your question. I cannot share a link so I quoted the answer for you. It is in this post on page 30.
 
Hi Mom! @Sm1smom

I am worried about my current status (F1) in case if I won't get approved. I tried to find the answer in the Spreadsheet and what I found is (in FAQ part):

"What happens to my current status if I use an AOS based EAD card?" - "Using an AOS based EAD changes your current status to 'adjustment pending' status. If your AOS petition gets denied, you cannot get revert back to that previous status, unless your previous status was a dual intent visa status"

1 - Does it mean there is a different consequence of using and not using the AOS based EAD card?
2 - how about if I don't use an AOS based EAD card, will I still loose my F1 status? And will I have to leave the country even if my I-20 valid till Nov 2018?

Thanks!
 
Mooonlight said:
Hi Mom! @Sm1smom

I am worried about my current status (F1) in case if I won't get approved. I tried to find the answer in the Spreadsheet and what I found is (in FAQ part):

"What happens to my current status if I use an AOS based EAD card?" - "Using an AOS based EAD changes your current status to 'adjustment pending' status. If your AOS petition gets denied, you cannot get revert back to that previous status, unless your previous status was a dual intent visa status"

1 - Does it mean there is a different consequence of using and not using the AOS based EAD card?
2 - how about if I don't use an AOS based EAD card, will I still loose my F1 status? And will I have to leave the country even if my I-20 valid till Nov 2018?

Thanks!
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1. If you would like to work and are not currently authorized to work, especially if you're stuck in background check, you obviously wouldn't be able to work if you don't have or use an AOS based EAD card while your AOS petition is pending. On the other hand, if you use an AOS based EAD card and your AOS petition gets denied, you're automatically out of status from the denial date.

2. Short answer: No.
 
Sm1smom said:
1. If you would like to work and are not currently authorized to work, especially if you're stuck in background check, you obviously wouldn't be able to work if you don't have or use an AOS based EAD card while your AOS petition is pending. On the other hand, if you use an AOS based EAD card and your AOS petition gets denied, you're automatically out of status from the denial date.

2. Short answer: No.
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Thanks for your prompt response as always!
I am not desperate to work since I have a sponsor (but he is not US citizen or LPR). The only reason I would use an AOS based EAD card is to find a job before the interview so I would have a job offer letter and maybe some pay stubs to show IO at the interview (to show that I will not become a public charge). Do you think it would help?

One more thing: I've checked @Britsimon 's blog page and I saw he accepts donations from those he helped out (voluntarily of course). I am curious if you have something like that (or other ways to accept donations as our gratitude)? :)
 
Mooonlight said:
Thanks for your prompt response as always!
I am not desperate to work since I have a sponsor (but he is not US citizen or LPR). The only reason I would use an AOS based EAD card is to find a job before the interview so I would have a job offer letter and maybe some pay stubs to show IO at the interview (to show that I will not become a public charge). Do you think it would help?

One more thing: I've checked @Britsimon 's blog page and I saw he accepts donations from those he helped out (voluntarily of course). I am curious if you have something like that (or other ways to accept donations as our gratitude)? :)
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The reason for using an AOS based EAD makes no difference. Once the card is used while the AOS petition is pending, the user automatically invalidates their current status.

And anyways, the EAD processing time is about the same as the average DV based AOS petition - 3 to 4 months. It makes no difference for most DV based AOS petitioners.

Thanks for the kind thoughts, I'm however not accepting donations. I don't have a personal blog site I maintain like Simon does.
 
Sm1smom said:
The reason for using an AOS based EAD makes no difference. Once the card is used while the AOS petition is pending, the user automatically invalidates their current status.

And anyways, the EAD processing time is about the same as the average DV based AOS petition - 3 to 4 months. It makes no difference for most DV based AOS petitioners.

Thanks for the kind thoughts, I'm however not accepting donations. I don't have a personal blog site I maintain like Simon does.
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Thanks for clarifying, now I understand that AOS based EAD is useless at some point.
I am very impressed (!) and a bit disappointed in you not accepting donations. However, I wish all the good things you are doing here for us 'will come back to you tenfold in unexpected ways'!
 
Mooonlight said:
Thanks for clarifying, now I understand that AOS based EAD is useless at some point.
I am very impressed (!) and a bit disappointed in you not accepting donations. However, I wish all the good things you are doing here for us 'will come back to you tenfold in unexpected ways'!
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For DV based AOS petitions, the EAD card ends up not being necessary or useful. However for a none time limited petition like a family based AOS for instance the EAD is a great card to have since some of those petitions could take years before they get adjudicated.
 
SusieQQQ said:
I'm sure mom will agree, pay it forward!
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Absolutely! You're equally doing a great job yourself Sussie both here and on the other forum. :)

And I'm sure Simon didn't start out with the intention of accepting donations either. But when people started bugging him, he agreed for them to donate towards a project he's doing for his daughter.
 
Sm1smom said:
Yes I've heard about it. Like you rightly noted, it is a just a proposal for now, so I'm refraining from speculating on what may or may not happen. You can however go through the following Thread (link below) to read of others opinions on this:


Thank you very much for your prompt response. I went through the forum and it was very helpful. It seems highly unlikely that the bill affects 2018 lottery winners. Thanks again for your help.
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Hi Sm1smom,

I have 2 questions about I-134:

1) Included copies of W2 and government ID are enough for AOS package or 1099 should be added?

2) If a sponsor owns a real estate together with his wife, is it ok to include it in I-134 as his property?
 
F1_DV2018 said:
Hi Sm1smom,

I have 2 questions about I-134:

1) Included copies of W2 and government ID are enough for AOS package or 1099 should be added?

2) If a sponsor owns a real estate together with his wife, is it ok to include it in I-134 as his property?
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1. If sponsor has both, yes include.

2. Yes.
 
Mooonlight said:
Hi, Mom!

2. Since I am not allowed to work (my ESL courses doesn't give me an OPT benefit), I have a foreign 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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Sm1smom said:
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.
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Mom, @Sm1smom

What should I send with my AOS package as a financial document in support of my petition?
Bank statement on my name with current balance of $20,000 and showing money transfers to my card from my real sponsor... and than take I-134 provided by a USC to the interview? (in case if IO will require it)
or
I should ignore that company because it's not in the US and send I-134 provided by a USC?
I am confused because on all my I-20s the foreign company is indicated as my funding
 
Mooonlight said:
Mom, @Sm1smom

What should I send with my AOS package as a financial document in support of my petition?
Bank statement on my name with current balance of $20,000 and showing money transfers to my card from my real sponsor... and than take I-134 provided by a USC to the interview? (in case if IO will require it)
or
I should ignore that company because it's not in the US and send I-134 provided by a USC?
I am confused because on all my I-20s the foreign company is indicated as my funding
Click to expand...

Make your case easier to adjudicate, get an I-134. You can also include your bank statement in addition.
 
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