Okay. So, let's say, she overstays for a month waiting for her extension to be granted and after a month of her overstay, if her extension comes out as a deny, then the days she has overstayed would be considered as unlawful presence. Will this "30 days or so of unlawful presence" be a problem during Consular Processing?
DV 2018 AOS Only
- Thread starter Sm1smom
- Start date
Okay. So, let's say, she overstays for a month waiting for her extension to be granted and after a month of her overstay, if her extension comes out as a deny, then the days she has overstayed would be considered as unlawful presence. Will this "30 days or so of unlawful presence" be a problem during Consular Processing?
Sm1smom
Super Moderator
Maybe 2nd quarter 2018.
Sm1smom
Super Moderator
Just ask yourselves this simple (in my opinion) question: which is more important - the GC or the interview she's likely to miss? I don't get why you will contemplate her being out of status even for just one day.
The GC, obviously. Thank you for all your help. I will keep posting the updates on my case, so others with a similar scenario can benefit.
Sm1smom
Super Moderator
There's no guarantee as to what is safe or not safe. The AOS process spreadsheet already discussed early filing - please refer to it if you haven't do so already. The decision as to whether you should file early or not is yours to make. If it helps, you can also take a look at previous Timelines spreadsheets to get an idea of how your FO has handled early filers in the past.
The only month I'm willing to openly discourage early filing is October - and November to an extent if a 2 months early filing is being considered.
Hi! I wanted to ask about the fees. For us processing the case as AOS, we would have to pay the $330 fee and then the $1225 fee. Based on your awesome excel with information, I see that the $1225 check should be included in the application package. That is very clear. In the process tab of the excel, the $330 fee is listed as step 5, so after we get the 2NL. So do we have to include any special paperwork with that payment? Or just the check and the simple note you link? I am just confused because in the DV 2018 AOS Timelines there is no field for this $330 payment, so I was wondering if I got the info right or I misunderstood something. THanks!
Sm1smom
Super Moderator
All you need for the $330 DV administrative fee is the payment form.
geol8
Member
Hello, excuse me if I sound redundant,
Last week we called to USCIS, they opened a "Service Request due to administrative error", it shows on my USCIS account. Said it could take up to 30 days to be evaluated. I mentioned this to the officer and he said : " you have done more by coming here to speak in person than what you could get with that Service Request"
Should we wait for this time of 30 days or just resubmit our application? My concern is in case the previous pending application interferes with the new one.
Thank you
Last week we called to USCIS, they opened a "Service Request due to administrative error", it shows on my USCIS account. Said it could take up to 30 days to be evaluated. I mentioned this to the officer and he said : " you have done more by coming here to speak in person than what you could get with that Service Request"
Should we wait for this time of 30 days or just resubmit our application? My concern is in case the previous pending application interferes with the new one.
Thank you
geol8
Member
In the I-485, part 3, Additional information:
Have you ever applied for an inmigrant visa to obtain permanent resident status at a U.S. Embassy or U.S. Consulate abroad?
Y/N
City:
Country:
Desicion:
Date:
Should I select yes? even though the denial was through DV Lottery AOS?
Thank you
Have you ever applied for an inmigrant visa to obtain permanent resident status at a U.S. Embassy or U.S. Consulate abroad?
Y/N
City:
Country:
Desicion:
Date:
Should I select yes? even though the denial was through DV Lottery AOS?
Thank you
SusieQQQ
Well-Known Member
Why would you even consider knowingly breaching US immigration law when you are trying to get an immigrant visa?! Not only that but you have been presented with the easiest, cheapest, fastest route to a GC there is. Why risk screwing it up??
Sm1smom
Super Moderator
I don't know if this question was directed at me or at Simon. If it's meant for me, my honest response is I don't know. My suggestion to people in similar situation in the past has always been to visit their FO and try and resolve things in person since a face to face encounter is quicker and more productive, one way or another (which is more or less what they ended up telling you by your own account). And they've always resolved things by doing just that - they knew precisely what their next step was going to be. I've never had anyone who opted to raise a service request online first. So I really don't know what you should.
Sm1smom
Super Moderator
Since the question specifically says US embassy or US consulate abroad, I recommend answering 'NO'
geol8
Member
Thank you very much mom
thanks for your help. Is there a way to change the interview location? because on the ds-260 I chose to do my interview in the US but since I'm going to be out of status by 2018 I think I should go back to my country and do the consular processing instead.
Sm1smom
Super Moderator
Yes use the A# on the new forms you're submitting.
Sm1smom
Super Moderator
Send an email to KCC and request for them to unlock your DS260 form. Once they unlock, change your address to that of your home country and submit the form. After the submission send another email to KCC letting them know you wish to change from AOS to CP - this step is very important since you cannot change the interview location on the form by yourself.
geol8
Member
all right, thank you!!
Is it ok if in the new package we skip the work permit request? We applied for it in the first package but decided not to apply for it this time, because in case the GC gets denied, we don't want to use the EAD, to be able to go back to the F1 status. Is this ok?
Sm1smom
Super Moderator
Yes that is perfectly fine. And don't be surprised if the EAD you previously applied for shows up. Just make sure you don't use it since it is now invalid due to the AOS petition denial.