Discussion in 'Lottery Visas - DV' started by Sm1smom, May 2, 2017.
Understood, thanks, have a good day
I have only recently found out that the old 30-60-90 rule has been replaced with a new 90-day rule. I am on an F1-Visa. Having sent my DS260 form after only 61 days had passed since me entering the country (and very soon after the policy change took place), I am wondering
(1) How screwed am I, i.e. how likely is it that they will reject my Green Card based on this? [i.e. are there any participants here who have had this happen to them?] If they do, do I keep my F1 or can they / will they rescind it as well?
(2) Given that I have already submitted the DS260 this early, does it make any difference when I file my AOS package?
I am considering changing from AOS to CP too. How long is it going to delay the process if I do so. My case will be current in November.
The reason for that is my wife and my son are in living in Canada, even though they are on H4. We were planning that they move here before we apply for AOS, but it is not happening. We already did the medical exam inside the US, but we can repeat that. My concern mostly is how changing to CP at this point delays processing of my file. Please let me know.
Also the other option is for me to do AOS and my family do CP, but I am not clear how that process is. Based on the second notice letter if we choose that path my case needs to be adjusted first and then they can go for interview in an embassy in Canada. When does the process start for my family in that case? I am worried if my background checks or something takes longer time, then they might not be able to get through the process by end of September. I really appreciate you advise.
Today this appears on my USCIS account:
"On September 29, 2017, your request for us to review an administrative error on your case, referral number XXXXXXXXMSC, was assigned to an officer for response."
I guess there's still a small chance to get my case reopened, eventhough the officer in the FO said that according to the AOS supervisor my case had been terminated .... anyway, I'm working on a new package. I'll give it a few days to get a response before sending it.
Any thoughts? Thank you
1. Since this is a new policy change, we don't know "how screwed" you are.
2. Delay your AOS package submission until way past the recommended 90 days waiting period (assuming your CN is already current) and you should be okay.
Thank you so much for your quick response.
I believe I clearly explained before that your wife and son are not eligible for AOS since they live in Canada.
Anyway to answer your questions:
1. You're looking at the possibility of anywhere between 2 to months before KCC scheduled an interview. KCC will need some time to process your form before scheduling you for an interview.
2. Your wife and kid's processing starts after your AOS petition gets approved. Prior to that, you will of course inform KCC you're planning FTJ for your family. You will need to closely work with your FO after your interview/approval to ensure they send your case file to Montreal once you're approved. KCC will not be scheduling the interview for your family in this case, the embassy will be scheduling their interview directly based on whatever open slot they have.
Yes, possibly. Hold off (for about two to three weeks, possibly four?) on submitting a new petition.
Don't forget - the FO and USCIS are like two hands, sometimes not knowing what the other hand is doing.
USCIS (not the FO) are telling you the case is assigned to an officer, but that officer would be in the FO. So - take that with a pinch of salt. As I said before (and the FO told you) calling USCIS is not the same as visiting the FO. If you are planning an infopass, do that and let the dust settle before resubmitting your package. I remain convinced that you could get that fixed if you hold your position in a polite but firm way.
Agreed. Thank you
Understood. Thank you Sir.
Thank you Mom,
"You're looking at the possibility of anywhere between 2 to months "
What is the upper bound of that? 2 to how many months?
The FTJ issue is that my case needs to be approved before they will be scheduled. and Since the background check might take a while I don't think that is the best way for us. I would feel better if all of us start the process together.
I also would like to ask how would the USCIS verify my family is living here at the time of filing AOS or not, they are on H4 and they can enter and exit the country anytime.
1. 2 to 4 months.
2. Of course most immigrants are free to enter and exit the country within the duration of their authorized stay, as long as the visa status is not being abused. USCIS has records of when your family come in and exit the country. If they flew, US immigration has access to the flight manifests. If they drove across the border, both the US and Canadian immigration share information.
And assuming assuming USCIS has no record of your family's travel history, the onus is on you to truthfully fill out the forms. You will be lying on the AOS forms by claiming they live in the US when they obviously do not - they only use the H4 visa to visit! I'm assuming you will correctly fill out your wife's work history on the form. And you will be listing your son's school information too, right?
Lying for the purpose of obtaining an immigration benefit is considered fraudulent and comes with grave consequences just as a FYI if you're not aware.
Mom has such patience, I recall that she already explained before they are using the H4 for the wrong purpose currently.
And yes of course they can see if your family live here. As mom says, they can see entry and exit records. They can also ask to see if your wife's name is on any bills etc, if she has a checking account she uses here, her DL, does she have a car in her name here, does she have car and medical insurance here, where your kid is enrolled in school, does your kid have medical insurance here too, etc. Honestly, you think they are going to do background checks and yet not be able to find out what is pretty simple stuff??
I wonder how many times you will be told what the legally correct way to do this is and yet continue to insist on doing it your way... by the way: have you thought about what you will do and what the consequences are if your application is denied for immigration fraud?
I don't think I ever asked you any question, I do not appreciate your patronizing tone. Please stop. It is not cool. I have seen you do this with some other people too. I understand and appreciate the time that anybody spend on this forum to provide honest answers, but please understand that each case is slightly different and I am very new to this process, so I need to ask questions to clarify everything for myself before I make my final decision. For the record I am not going to provide wrong information to USCIS and do not wish to pursue a fraudulent path.
Thank you for patiently listening and providing answers. I really appreciate that. I promise these would be my last questions on this subject:
for filling the form:
there is no question on the form if they are living here, there is a physical address and for myself and my family I put both addresses because we do live in both places. I also have provided info of my wife employer Again if she moves here in December she will be working away from the office. Where do I need to provide info on my son's school? is it on form i485? I must have missed that.
Now between CP for all of us or AOS for myself and FTJ for my family which one is the preferred way?what are the pros and cons of each?
I sincerely appreciate your answers to these question. I understand that it might be frustrating for you, but you are really helping a lost sole.
The section that asks for address for the past 5 years, is that the one you're referring to? You do realize the dates are expected to be chronologically listed? For instance your first address for yourself will be your US address from when you left Canada to present day (assuming you've only lived in one place since coming to the US) and if that is less than five years, you list your Canadian address from whenever it is you were living there till the time you left Canada. So, are you filling that the same way for your wife? If you are, you know that information wouldn't be correct because she's still living in Canada.
In previous I-485, the requirement was for a student to list their school information under the employment section. Anyway, I don't want to over flog this issue. If you and your wife are convinced otherwise, go ahead and file AOS and keep your fingers crossed hoping things work out.
You said your wife will be working remotely when she moves over in December. Well doing that is a violation of her H4 visa. She cannot work for a Canadian/foreign employer on a while she's in the US on a H4 visa.
The pros and cons of AOS vs. CP can be found on the AOS process spreadsheet, please refer to it. As to FJT, we've already gone over that also in the last couple of discussions we've had. I unfortunately cannot tell you which process to go with. This is a decision you have to make on your own based on all the information already provided.
Best of luck!
Thank you Mom,
I appreciate you taking the time to provide detailed answers to my question. I am going to go the CP way for all of us.
Thank you again.
I am currently on valid F1 visa in the US. I was selected for DV-2018 lottery. I already submitted the DS-260 for AOS. But, I am opting to change it for CP. I requested to unlock my DS-260 to change it for CP and they send me an email stating..
".............. If you are not currently living in the US or not eligible to apply for the adjustment of status, you must submit a written request stating that you want to process at the embassy. Please include the following with your request: *Case Number *Name *Date of birth *Current Physical Address* "
1)As, I am currently living in the US, I was not sure what to provide in the current physical address. Should I provide the address of my home country where I am supposed to be called for interview for CP or the U.S address?
2) When should I send the written request? After resubmitting the form or before?
3) Now my DS 260 in unlocked I still cant change the address for interview, Will I be able to change it after the written request?
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