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DV 2018 AOS Only

FlyingDonkey said:
I have a similar question to Vicsand, I am in the US on an E3 visa and my wife has been selected in OC region 11XX.

I travel internationally a fair bit for work and we have a trip planned to Australia for a couple weeks over Christmas/New Year.

I have a couple questions.

1) As filing DS-260 will show intent to immigrate, it will be risky to travel internationally on my E3 correct?
2) Due to the highish number for OC region, our lawyer (we have been discussing Green card options through PERM and EB1a) recommended doing CP vs AOS to ensure an interview. My concern with all of this is that if we leave and are denied for some reason we cant come back in (we have pets, house, car, etc). If we do AOS and are denied we can still stay and pursue another GC route.
3) Being we have already had an E3 for a number of years and are financially stable in the US, and have a US born child, can anyone see a reason that if we got an interview we would be denied?
4) I see people recommend filing DS260 ASAP for CP cases vs AOS where it can be filed at any time and wont affect anything, why is this?

So many questions..and so much time to resolve ;-)
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1. So I'm guessing you've also seen my response to @Vicsand. Anyway CBP officer has the final say regarding admission.

2. No question asked.

3. Regardless of all that listed, not passing the medical exam, inability to clear the background check, wrong chargeability county, violation of current or past immigration status, etc are reasons that could lead to a denial.

4. See my response above to @Xarthisius.
 
FabioMontale said:
What means AOS?
And what is the right topic to post my question please?
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AOS = Adjustment of status = process for selectees already in the US.

You can find any other Thread in the forum, for instance you can find the Thread you previously created about your girlfriend and post on it.
 
KRMA said:
Where I can find info about CP for DV 2018?
Any spreadsheets?
Thank you!
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You don't need a spreadsheet. The requirements are pretty comprehensively covered in the DOS pages that link from your selection letter.
 
soqyn said:
Basically because I've been in US for more than 3 years. I was talking to an immigration attorney and she said you need 3 for showing that you can financially support yourself (to show you won't be a public charge), and you might also need to show all the returns for your whole stay in US (which will be more than 3 for me).

I wanted to make sure that I don't need to include my tax returns besides the last 3 years.
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If there's a need to show more than 3 years' worth, the spreadsheet would have indicated. Less is more.
 
KRMA said:
Where I can find info about CP for DV 2018?
Any spreadsheets?
Thank you!
Click to expand...

The instructions on the selectee notification letter is comprehensive enough for CP, there's no need for creating a spreadsheet for that purpose.
 
Sm1smom said:
If there's a need to show more than 3 years' worth, the spreadsheet would have indicated. Less is more.
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I see. Thanks a lot for the help!

Is there any benefit for sending last 1 or 2 years' instead of 3? Asking since the spreadsheet says (1-3). Sorry if this is a redundant question.
 
soqyn said:
I see. Thanks a lot for the help!

Is there any benefit for sending last 1 or 2 years' instead of 3? Asking since the spreadsheet says (1-3). Sorry if this is a redundant question.
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We say 1-3 because we realize some petitioners may only have for the last year (they just started filing taxes). 3 years worth is good enough to show an income pattern.

Feel free to send more than 3 years' worth if it makes you feel better.
 
Sm1smom said:
We say 1-3 because we realize some petitioners may only have for the last year (they just started filing taxes). 3 years worth is good enough to show an income pattern.

Feel free to send more than 3 years' worth if it makes you feel better.
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Thanks for clarification. I'd like to keep at 3 years' worth if that is the usual amount :)

I had one more question. I have been in US on a J1 visa quite a while ago and already complied with two year home-country presence rule. Would I still need to attach an affidavit showing that I have complied?
 
soqyn said:
Thanks for clarification. I'd like to keep at 3 years' worth if that is the usual amount :)

I had one more question. I have been in US on a J1 visa quite a while ago and already complied with two year home-country presence rule. Would I still need to attach an affidavit showing that I have complied?
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Yes I recommend including proof that requirement has been met.
 
Sm1smom said:
Just like I guessed, the case in question had a pending background check, which I mentioned in my previous response to you. It had nothing to do with the Detroit FO not having a good understanding of the DV based AOS process. Plus the applicant in this case didn't seem to have diligently followed up on her case IMO!

See the AOS spreadsheet for more EAD guidance like I earlier explained if you wish to work more than 20 hours while your AOS petition is pending.
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I don't think the answer to my question is on the spreadsheet. What I understand from what I read so far is that I have 2 options:

1. Apply for an EAD when applying for AOS. Get the right to work full time but lose my status as an F1 which means I will have to leave the country if AOS is denied somehow.

2. Do not apply for an EAD when applying for AOS. Just carry on working part time as an F1 till the AOS is approved or denied.

If that is the case, I will much prefer doing 2. But is it even an option?
 
michigander said:
I don't think the answer to my question is on the spreadsheet. What I understand from what I read so far is that I have 2 options:

1. Apply for an EAD when applying for AOS. Get the right to work full time but lose my status as an F1 which means I will have to leave the country if AOS is denied somehow.

2. Do not apply for an EAD when applying for AOS. Just carry on working part time as an F1 till the AOS is approved or denied.

If that is the case, I will much prefer doing 2. But is it even an option?
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Okay remind me again what exactly was your question regarding the AOS based EAD card?
 
Sm1smom said:
Okay remind me again what exactly was your question regarding the AOS based EAD card?
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Do I get to keep my F1 status (hence right to work part time at school) if I don't apply for EAD when I submit my AOS package and during its processing?

Do I get to keep F1 status if my AOS without EAD application gets denied?
 
Sm1smom said:
If you process AOS and for some reason you're not successful in getting your GC, you simply revert back to your F1-OPT status assuming you haven't already completed your OPT by then and you did not use an AOS based EAD card to obtain employment.

If you process CP and are not successful, you may have an issue with being re-admitted back into the US because of your demonstrated immigrant intent.
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Thanks mom,

My case is I am F1-OPT working already with EAD card. My wife is working with H1B (H1b does not require/have EAD).

I am still reading spreadsheet for details.
In AOS package, there is "e. Form I-765 Employment Authorization " which based on USCIS "use Form I-765 to request an employment authorization document (EAD)"
In my case, since i am using EAD(and I need EAD) to work.

So my question is:
1. My AOS package should include I765, since I need to work and "have" to apply for the AOS based EAD for me to legally continuing work.

2a. Since I already have EAD (F1OPT based, and it won't expired until 2019), which means I can still legally work until 2019. So my AOS package does not "require" me to fill I765. And I can still work with my F1OPT- EAD.
And based on mom's said, "IF" for some reason we are not successful in getting my GC. In the case, since I am not submitting I765 for EAD (AOS based). So even if we got denied, my status just revert back to F1 OPT and because I haven't use EAD AOS based. I will be safe to continually working with my EAD (F1OPT).

2b. Following with 2a case. In the case if we get denied. If I leave US (with F1 status) during winter holiday. Will I have any issue re-admit back into US with F1 visa?

3. My wife does not need to apply I765, since she has H1B. She does not need EAD to work.
 
can a 2018 dv selectee do AOS if you he or she is under TPS? also what if he/she was out of status for less than 180 days before being approved for TPS?
 
For AOS process,
Any original supporting documents (marriage certificate, birth certificate, high school degree, etc,...) that is not written in English should translate to English and notarize.
Question is:

Should those docs notarize in my born country or notarize in the US?

Thanks for answering!
 
Mxmlittle said:
Thanks mom,

My case is I am F1-OPT working already with EAD card. My wife is working with H1B (H1b does not require/have EAD).

I am still reading spreadsheet for details.
In AOS package, there is "e. Form I-765 Employment Authorization " which based on USCIS "use Form I-765 to request an employment authorization document (EAD)"
In my case, since i am using EAD(and I need EAD) to work.

So my question is:
1. My AOS package should include I765, since I need to work and "have" to apply for the AOS based EAD for me to legally continuing work.

2a. Since I already have EAD (F1OPT based, and it won't expired until 2019), which means I can still legally work until 2019. So my AOS package does not "require" me to fill I765. And I can still work with my F1OPT- EAD.
And based on mom's said, "IF" for some reason we are not successful in getting my GC. In the case, since I am not submitting I765 for EAD (AOS based). So even if we got denied, my status just revert back to F1 OPT and because I haven't use EAD AOS based. I will be safe to continually working with my EAD (F1OPT).

2b. Following with 2a case. In the case if we get denied. If I leave US (with F1 status) during winter holiday. Will I have any issue re-admit back into US with F1 visa?

3. My wife does not need to apply I765, since she has H1B. She does not need EAD to work.
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1. Statements, no question asked.

2a. Statements, no question asked.

2b. Admission or re-admission is always at the discretion of the admitting CBP officer.

3. Statements, no question asked.
 
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