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DV 2018 AOS Only

Discussion in 'Lottery Visas - DV' started by Sm1smom, May 2, 2017.

  1. Mooonlight

    Mooonlight New Member

    Hi Mom! @Sm1smom

    Today I received my EAD/AP card. Does it mean my background check has been completed? Does receiving EAD/AP card mean anything?
     
  2. Sm1smom

    Sm1smom Super Moderator

    No, it doesn’t mean your background check has cleared.
    Receiving the EAD/AP card simply means that part of your petition which you applied for is complete. It has no bearing on your background check or when your I-485 interview (if one is being scheduled) will take place.
     
  3. Mooonlight

    Mooonlight New Member

    I see. I was hoping it was a good sign. Thank you, Mom. And yes, my interview is being scheduled for next week. Please pray for me:rolleyes:
     
  4. Sm1smom

    Sm1smom Super Moderator

    All the best!
     
    Mooonlight likes this.
  5. Gill19

    Gill19 New Member

    Hi Mom,
    Thank you so much for your help. I have been reading the forum thoroughly so there's nothing I miss. I'm 40 pages in and I'm also up to speed with the last few pages. Forgive me if my questions have already been asked, but now more light is being shed on certain things I'm a little concerned.

    1) I filed my DS260 in early May, at the time I wasn't up to speed on the 30-60-90 day rule and I had been out of the country on vacation in late March for 4 days. Will this affect my application?

    2) There have been a couple of times since submitting my DS-260 where I have had to request it to be unlocked by KCC to make changes. One was that I got married, so it had to be updated and I added my spouse. The second we left the country to attend weddings in the UK and we also moved address. When we returned from the UK I updated my DS260 to reflect these changes and update my 'previous US visits' so it was up to date.
    a)Should I have waited the 30/60 days after returning to the US to update the DS260?
    b)If I should have waited, will this affect my application?

    3) I am supposed to be returning to the UK at the end of next week for a few days to attend another wedding, I was planning on updating my DS260 when I returned to make sure my previous US visits are correct.
    a) Should I do this or should I wait 30/60 days before updating it?
    b) If I should wait, as my number will be current for June (should get announced in April) will this delay things?

    4) in reference to my previous post, you said there's no implication on my application if I don't go out of status, but if I got a brand new E-3 visa and went for an interview abroad to get it and came back to the US, it's true my status would never have lapsed, but wouldn't the new visa signify non immigrant intent and then if I filed in June when my number is current, as that is most likely less than 90 days, wouldn't that be reason for denial? Or is it as simple as just filing later?
     
  6. Catherinew947

    Catherinew947 New Member

    Hi there! I’m doing AOS for DV18 and I was wondering if having a different address on the I-485 adjustment of status form from my DS-160 matters? Does the letter for the biometrics appt/interview time/actual green card get sent to the I-485 form address or the DS-160 address? Thanks so much!
     
  7. Yosef

    Yosef New Member

    Thank you ❤️❤️
     
  8. Sm1smom

    Sm1smom Super Moderator

    1. 30-60-90 day rule is no longer applicable. The new guide IOs have been provided with is strictly the 90 day rule. Although you declared your immigrant intent with the DS260 submission less than 90 days after entering the US on a NIV, you may get away with it since you haven’t actually submitted your AOS package - the IO may not pay attention to the date the DS260 was submitted.

    2. Waiting to update the form makes no difference. If the 90 day rule is going to be applied, it gets applied to the first The the immigrant intent was declared.

    3a. See 2 above.
    3b. At this point, and with your travel plans, the AOS package submission, and not the DS260 submission is what you should be concerned about. You need to be aware the trip may have a different impact if you send in your AOS package less than 90 days after coming in on a NIV.

    4. Your previous post did not say anything about going out of the US to apply for a new NIV, it asked about switching/changing jobs, so my response to that still stands.
    The 90 day rule is put in place to guard against people coming into the US on a NIV and filing AOS almost immediately. So yes, if you have to go apply for a new visa, you will need to wait at least 90 days before you can file for AOS. Filing for AOS with less than 90 days will most likely create some issues for you.

    You should also be aware of the possibility of the new NIV petition being denied because of the fact that you’ve already demonstrated an immigrant intent with your DS260 form submission. You are not supposed to have a immigrant intent when applying for a NIV, you may be asked about your immigrant intent and you’re expected to truthfully answer as the CO will already know the right answer before asking.
     
  9. Sm1smom

    Sm1smom Super Moderator

    1. Doesn’t matter.
    2. The address on the I-485 form.
     
  10. Catherinew947

    Catherinew947 New Member

    Thank you!
     
    Sm1smom likes this.
  11. ph1ll1ipswaya

    ph1ll1ipswaya Member

    Hi mom and everyone,
    My CN is AF29xxx. I am the principle applicant (F2). CN is expected to come current in June or July.
    1. i-485 can be filed as soon as May 15 (assumed date of advance VB) for CN current in July, right?
    2. The background check is launched the moment you do the Biometrics. Right?
    3. When the I-94 says D/S, is that a reliable way to be sure you are in legal status for a F visa?
    4. My US citizen son is currently enrolled under Medicare and goes to a public school. My wife (DV-derivative) also received medical assistance when she was pregnant with my son 10 years ago. I understand there is a USCIS proposed draft about denying applicants whom children (or themselves) got any form of government assistance. Is this correct?
    5. Under the current criteria for public charge determination, given age, health, education and professional experience, we would have been confident not to fall under the presumption of public charge. My wife has got an offer and will start working under OPT in April. I will also have a solid I-134 from my US citizen brother. However, I don't think it is unlikely that an IO, under influence of such proposal, would proactively apply the stricter criteria to deny a case. Am I reasonable in my assumption/worries? Although one can argue you can appeal if you have time left and access to the right people …
    6. Under CP, I believe no such question about ever receiving public assistance is asked in an application form. Am I correct?
    7. Are there other forms than the DS-260 to be filled for a CP application?

    Regarding the CP option, please bear with me:
    7. Once you receive the 2NL from KCC, re AoS, is there a way back to CP (before submitting the i-485)?
    8. Once you pay the $330 admin fees to KCC, and before submitting the i-485, is there a way back to CP?
    9. Once you submit i-485, is there a way back to CP?
    10. My wife and I are expecting. She can only travel in early August. In case we decide to go for CP, Is it possible for us to have the CP interviews separately (say, me in July and she in August?). I am thinking that it is more likely that I be under AP than her, if any.
    11. Is it possible for me (principle) to go CP and she (derivative) goes AoS?
    12. If the KCC sends us for an interview in July, how to postpone it to August?

    Thank you. If you feel the second part of the inquiry does not fall under this thread, I understand. Thanks.
     
    Last edited: Feb 13, 2018 at 11:15 PM
  12. Gill19

    Gill19 New Member


    Thank you so much for your insight. I really appreciate your ongoing guidance.

    I have two follow up questions.

    On page 74 you replied to a similar question as my question 1. Your reply was 'The 90 day rule is really for people entering the US for the first time on whatever NIV it is they entered with. If you’ve been in the US all this while and only went out briefly and returned with the same visa, didn’t have to apply for a new visa to return, the 90 day rule wouldn’t apply.'
    In your reply to me you said 'you may get away with it since you haven’t actually submitted your AOS package'. Your reply to the person on page 74 seemed more definitive that it wouldn't affect their application. How come the 90 day rule wouldn't apply to that person, but it may in my case?

    With the changing jobs situation, sorry I should have been more clear. With an E3 you can get a company name change on your current visa but this can take up to two months and in that time you cannot work. Finding a company to sponsor me and then them potentially having to wait up to two months before I can begin working for them is difficult to find, which is why I was exploring the route of simply getting a new E3 visa abroad. Totally unerstand that would mean I would have to wait 90 days to file the AOS package and that it might get denied. So I'm thinking this...if I do lose my job, keeping in mind I do not want to lose my AOS eligibility, can I do the following? My husband is on an L1 visa, can I apply for the L2 visa, knowing I can't work until the EAD arrives, but am I correct in thinking that as the L2 is a dual intent visa it would not affect my AOS eligibility switching from E3 to L2?
     
  13. Dr. Europe

    Dr. Europe New Member

    Hi Mom,

    Thank you for your answer as usual.
    If I applied for EAD (I do not feel the need of AP) I believe I would technically be able to start my residency with it (provided it arrives within the middle of June) and stop worrying for the GC to come so early. However, my DS-2019 expires at the end of June (while my J1 expires on 4/26). I believe that the DS-2019 (or perhaps the J1 visa itself?) does not allow you to work for anybody else except from your sponsor (in my case the place where I am doing research).

    My question: do you think that if I successfully apply and obtain the EAD, then I can start my residency (not in the institution where I am doing research) in the middle of June despite the DS-2019 being still valid?

    Thank you.
     
  14. Sm1smom

    Sm1smom Super Moderator

    Wow! This is a very long list :eek: but because I know you’ve been diligently going over the AOS thread for a while now, I will do my best to address your questions based on what I know :)

    1. Correct.
    2. Yes.
    3. Yes, that is one of the ways. However if one had violated the conditions of such a status, for instance by undertaking unauthorized employment during the course of being in that status, the fact that the I-94 says D/S does not mean the person is still in a legal status.
    4. Correct, with the operative word being “proposal”.
    5. If it goes from a draft to an actual guidance given to IOs/COs, as in the 9FAM gets updated with the new definition of what constitutes a public charge before your interview takes place, that new definition will be applicable in your case. Even if time is not an issue, I don’t see how anyone will be able to successfully appeal such a denial. The whole idea is to deny anyone on a NIV who has benefited from using public assistance. When that memo was drafted, it wasn’t with the mind of it being a deterrent, it’s meant to make it impossible to get a GC.
    6. No such question is listed on the DS260 form, it however doesn’t mean the CO cannot verbally ask about it during a CP interview if they have any reason to think one might have received public assistance while in the US on a NIV.
    7. Typically no.
    7. (Another 7 :rolleyes:) Yes - email KCC and inform them you wish to change to CP.
    8. Yes. However that payment will not be applied to CP, you make another payment at the embassy.
    9. It may be possible. You’ll need to formally withdraw the AOS petition before it gets adjudicated. AOS payment will not be refunded. Not an option I would recommend, it’s a bit complicated and time is possibly not on your side for this.
    10. It may be possible. You however have no say as to when the embassy may be able to schedule an appointment for your wife is she doesn’t interview same day with you. So she may end up not getting an interview and loose the opportunity in the long run. Plus if you end up on AP, you cannot return to the US until the AP clears, and even if the embassy has an open slot in August, your wife will not be scheduled for an interview while your AP is pending.
    11. It may be possible with the caveat you successfully complete CP and return to the US before your wife can file AOS. Again if you’re stuck in AP, your wife may not have enough time to complete AOS after your AP clears.
    12. You contact the embassy. First of all, no guarantee you’ll get an August slot if you wish to reschedule. The embassy will require you to first cancel your current appointment after which you then check to see if there’s an open slot. There’s no guarantee you’ll find one, and once you cancel the original date, you can’t turn around and tell them you want it because you can’t find a new date.
     
  15. Sm1smom

    Sm1smom Super Moderator

    I really can’t start flipping back to page 74 to see this response of mine which you’re referring to. I need to see and read the actual post in context of the question asked, so insert the actual post next time.

    I hope you realize I’m not the IO that will adjudicate your petition or that of anyone else here. So even if my response to one person sounds more definitive than that which I’ve given you, the adjudicating IO has the final say. So maybe in that response you’re referencing I could have used the word “shouldn’t” in place of “wouldn’t” and that wouldn’t have made my response come as definitely not applicable, right? Plus I doubt if that person’s situation is exactly the same as your. You’ve since gone out several times after the DS260 submission, is this applicable to that other person?

    Yes you can stay back and switch over to L2 which will enable you maintain your AOS eligibility status.
     
  16. Sm1smom

    Sm1smom Super Moderator

    Average EAD processing time is roughly 4 months. In order for you to get the AP card in June, you’ll need to have filed your AOS petition with the I-765 form in February.

    Does your J1 have a 2 year home residency requirement? If it does, you’ll need to get an approved waiver first before you can even file for AOS.

    Once you use a an AOS based EAD to undertake employment, your current status is no longer applicable and you cannot return to that status if the AOS petition gets denied for some reason.
     
  17. Gill19

    Gill19 New Member

    Thank you for your response Mom. I completely understand there might be differences. I think my anxiety over potentially being denied for that reason has worried me a lot so I'm picking at words. I'm sorry. I appreciate your insight and hopefully it won't affect my case.

    Thank you for the answer to the other question, that has caused no end of relief!

    Have a great day and thank you again, so much, for your help.
     
    Sm1smom likes this.
  18. Xarthisius

    Xarthisius Active Member

  19. 74MARMORA74

    74MARMORA74 New Member

    I am reading on an earlier post that if I fall out of status after applying and sending my 485 is not a problem is that true?
    I even searched on the TN forum but nothing really similar to my senario
    I am currently on TN and done with Bio appointment if I loose my TN status now would that make me look bad at the interview?
     
  20. Sm1smom

    Sm1smom Super Moderator

    If you loose your current status prior to your AOS petition being adjudicated, you’ll fall into what is know as “Adjustment Pending” status which is still valid. You just wouldn’t have a fall back status if the AOS petition gets denied for any reason.
     

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