DV 2018 AOS Only

[Sm1smom]

@Sm1smom, I have a question for you: is it possible to deny my case based on my husband being him out of status even though he didn't apply for AOS with me?
Some questions the IO asked me about him keep popping up in my head (like why my husband not applying, how we met, when did we get married, when did he loose his status)

Your petition (as the main selectee) is completely independent of your husband’s status related issue. You cannot be denied specifically based on that, unless of course the IO determines your marriage was a sham marriage entered into mainly for him to benefit from your DV selection. And I believe you guys were already married before your DV selection, so that shouldn’t be an issue.

The other reason you may be denied based on your husband’s status is if he had already lost his F1 status before you successfully changed yours which would have meant you also weren’t eligible to for AOS.

 

[Mooonlight]

Your petition (as the main selectee) is completely independent of your husband’s status related issue. You cannot be denied specifically based on that, unless of course the IO determines your marriage was a sham marriage entered into mainly for him to benefit from your DV selection. And I believe you guys were already married before your DV selection, so that shouldn’t be an issue.

The other reason you may be denied based on your husband’s status is if he had already lost his F1 status before you successfully changed yours which would have meant you also weren’t eligible to for AOS.

Thank you, Mom, for your response!

Yes, we got married 6 years ago before coming to the US. I changed my status back in 2013, my husband lost his status in 2014

 

[SusieQQQ]

Thank you, Mom, for your response!

Yes, we got married 6 years ago before coming to the US. I changed my status back in 2013, my husband lost his status in 2014

I hope you don't mind me asking, it doesn't seem to affect your DV case but I'm curious - your husband has been out of status since 2014? He plans to remain in the US out of status after you get your green card?

 

[Mooonlight]

I hope you don't mind me asking, it doesn't seem to affect your DV case but I'm curious - your husband has been out of status since 2014? He plans to remain in the US out of status after you get your green card?

Hi Susie! No, I don't mind you asking, here is my husband's situation:

He was transferring from ESL school to University to get his Master’s degree (after working so hard on his TOEFL and GMAT tests), and the University’s DSO office made some mistakes on his SEVIS records. He had no idea about these mistakes until ICE came after him (one year later he started his Master's program!! and he was told that he stopped maintaining his status and he stopped going to school which wasn’t true!). It was in 2015; he had immigration officers to call the University to confirm that he was going to school (further more he was one of the best students!) and his University confirmed it, so the officers let him go same day he was detained, but he was told to contact his DSO office immediately and he was given Master's hearing day which was scheduled in 2019 (!). Believe me my husband is out of status not intentionally ! Even after all this happened he kept attending his classes and he graduated with highest grades and he got his master's degree (because it was what he came to the US for!) But he still has to wait for his hearing, because he doesn't want to leave the country without proving that it wasn't his fault! He is very responsible person and he understands that "you never know what's going to happen in the future!", so he wants to leave this country with all the issues resolved. He's been working with his lawyer and they both confident that he will be fine, because they have all the evidence to prove that all this wasn't his fault! He did everything he was instructed to do: providing all the paper work, making his tuition payments full and on time, attending the classes... We know that he wasn't only one student that it happened to him!

So what I learnt from his experience: I don't trust DSO office anymore! Every 4-5 months I request DSO office at my school a letter proving my F-1 status! I had to fight couple times when they wouldn't want to give me my extended I-20 before my next program would start, but I would insist and explain that I couldn't leave for break without any kind of prove that I would be fine with my status! Unfortunately, there are many unprofessional employees that make a simple mistake on SEVIS and as a result internationals students suffer for that!!!

 

[Mxmlittle]

Hi Mom,
If I do not apply EAD and AP (which is not include those application forms in AOS package), and in the end my case is denied. My status will just go back to the current status, right? (im current as F1-OPT)

In other word, if i apply for EAD and AP, and eventually get denied. I can not go back to the previous status.... Right?
Thanks for helping!

 

[Sm1smom]

Hi Mom,
If I do not apply EAD and AP (which is not include those application forms in AOS package), and in the end my case is denied. My status will just go back to the current status, right? (im current as F1-OPT)

In other word, if i apply for EAD and AP, and eventually get denied. I can not go back to the previous status.... Right?
Thanks for helping!

1. Yes.

2. Not quite. If you applied and never used the EAD and/or AP card, your status remains the same. If you used either of those cards then you no longer have a fallback status following a denial.

 

[Mxmlittle]

Thanks Mom for the reply. Appreciated.

I got some other questions in i485 form:
Q1
in i485, part 2- 3.(if you are principal applicant fill below) Provide underlying petition. My wife is the selectee from DV so she is the principal that she need to fill this part. And last year May she filed I539 change her H1 status to F2. And currently we only had the receipt number (from i797C

) from USCIS said that they received our form, but we're still waiting for the outcome (since i539 current process time is very slow). Is this the place we put the receipt number showing on i797C?


Q2
Followup the previous one. Part 2-4 asking Priority date from underlying petition. What is the date meaning here? The date USCIS received our petition (May 22nd 2017?) This is the date USCIS received our case. But there is another date in the i797C (Notice date:May 24th 2017) Which date should I placed in here, Priority date from underlying petition? My guess is put the Notice Date May 24th, correct?

 

[Sm1smom]

Thanks Mom for the reply. Appreciated.

I got some other questions in i485 form:
Q1
in i485, part 2- 3.(if you are principal applicant fill below) Provide underlying petition. My wife is the selectee from DV so she is the principal that she need to fill this part. And last year May she filed I539 change her H1 status to F2. And currently we only had the receipt number (from i797C

) from USCIS said that they received our form, but we're still waiting for the outcome (since i539 current process time is very slow). Is this the place we put the receipt number showing on i797C?


Q2
Followup the previous one. Part 2-4 asking Priority date from underlying petition. What is the date meaning here? The date USCIS received our petition (May 22nd 2017?) This is the date USCIS received our case. But there is another date in the i797C (Notice date:May 24th 2017) Which date should I placed in here, Priority date from underlying petition? My guess is put the Notice Date May 24th, correct?

1. No. Part 2 question 3 is a carryover from part question 2. It is not applicable to a DV based AOS petition - read the NOTE under part 2 question 2 AGAIN for clarification. Noting to do with your NOA.

2. No. Same as one above. Part 2 question 4 is a carryover from part 2 question 2.

Side note: I’m assuming you selected “NO” for Part 2 question 2, because if you selected “Yes” it means you’re admitting you’re not eligible to file AOS and use using INA 245(I) to overcome the ineligibility.

 

[ph1ll1ipswaya]

Hi mom and everyone,
My question relates to I-134 - Part3-Item 17 "This Person is (1) Wholly or (2) Partially Dependent On Me For Support".
My USC Brother is my sponsor. I don't expect to be dependent on my brother, given I will have sufficient savings and expect to work and provide for myself.
1. What answer choice would be consistent with my situation or the purpose of the I-134 that I am submitting?
Thank you in advance.

 

[123biks123]

I'm planning to change send my AOS package next month. However, I found that my date in my employment history went wrong and also I forgot to add my internship in my employment history. My question is:
Is it safe to change DS-260 for in this short time?
Do I need to add the internship as the employment history?
OR
Can I just make change to my I-485 form

Thank you so much for your time

 

[6fii]

I'm planning to change send my AOS package next month. However, I found that my date in my employment history went wrong and also I forgot to add my internship in my employment history. My question is:
Is it safe to change DS-260 for in this short time?
Do I need to add the internship as the employment history?
OR
Can I just make change to my I-485 form

Thank you so much for your time

I think you should not worry about the DS-260 but rather change it on the I-485 @Sm1smom will confirm!

 

[Sm1smom]

Hi mom and everyone,
My question relates to I-134 - Part3-Item 17 "This Person is (1) Wholly or (2) Partially Dependent On Me For Support".
My USC Brother is my sponsor. I don't expect to be dependent on my brother, given I will have sufficient savings and expect to work and provide for myself.
1. What answer choice would be consistent with my situation or the purpose of the I-134 that I am submitting?
Thank you in advance.

Regardless of your actual situation, your brother still needs to indicate how he intends to support you, if he’s filling out the I-134 on your behalf. An affidavit of support is intended to prove one will not become a public charge, it’s intended to show one has the necessary support in place should they fall on hard times and will not resort to filing for government benefits they do not qualify or have not contributed to.

 

[Sm1smom]

I'm planning to change send my AOS package next month. However, I found that my date in my employment history went wrong and also I forgot to add my internship in my employment history. My question is:
Is it safe to change DS-260 for in this short time?
Do I need to add the internship as the employment history?
OR
Can I just make change to my I-485 form

Thank you so much for your time

If it’s just to add the internship information, I would have said you can leave the DS260 form as is. However you said your employment history date is also wrong. So for the sake of consistency, my recommendation is to update the DS260 with the same information that goes on your I-485.

Yes, you can still safely make changes to the DS260.

 

[Mxmlittle]

1. No. Part 2 question 3 is a carryover from part question 2. It is not applicable to a DV based AOS petition - read the NOTE under part 2 question 2 AGAIN for clarification. Noting to do with your NOA.

2. No. Same as one above. Part 2 question 4 is a carryover from part 2 question 2.

Side note: I’m assuming you selected “NO” for Part 2 question 2, because if you selected “Yes” it means you’re admitting you’re not eligible to file AOS and use using INA 245(I) to overcome the ineligibility.

Ah I see! Thank you Mom! I thought the part2-2 is say: if I selected family base..employment based.. or DV category, then I have to select "YES".
But apparently I have wrong understanding on that based on Mom's explanation. I also google for for detail "https://learn.simplecitizen.com/2017/11/form-i-485-instructions/": here says that: Part2-2: This most likely does not apply to you. the Immigration and Nationality Act (INA) section 245(i); is an old law that applies to only a select group of people who came into the U.S. without permission. To find out if this applies to you, visit USCIS.gov


So I should pick NO on Part2-Q2. And no need to fill rest questions, skip to Part 3, right?

Second question is Part2-Q1, I have to select 1g-DV program, correct?

 

[Sm1smom]

Ah I see! Thank you Mom! I thought the part2-2 is say: if I selected family base..employment based.. or DV category, then I have to select "YES".
But apparently I have wrong understanding on that based on Mom's explanation. I also google for for detail "https://learn.simplecitizen.com/2017/11/form-i-485-instructions/": here says that: Part2-2: This most likely does not apply to you. the Immigration and Nationality Act (INA) section 245(i); is an old law that applies to only a select group of people who came into the U.S. without permission. To find out if this applies to you, visit USCIS.gov


So I should pick NO on Part2-Q2. And no need to fill rest questions, skip to Part 3, right?

Second question is Part2-Q1, I have to select 1g-DV program, correct?

1. That’s more or less what I said in my previous response, innit? (in my best British accent)

2. Yes.

 

[Britsimon]

1. That’s more or less what I said in my previous response, innit? (in my best British accent)

Had me fooled into thinking you were a fellow Brit!

 

[Sm1smom]

Had me fooled into thinking you were a fellow Brit!

Right?

 

[ph1ll1ipswaya]

Regardless of your actual situation, your brother still needs to indicate how he intends to support you, if he’s filling out the I-134 on your behalf. An affidavit of support is intended to prove one will not become a public charge, it’s intended to show one has the necessary support in place should they fall on hard times and will not resort to filing for government benefits they do not qualify or have not contributed to.

Thanks mom for your feedback. If I may clarify the reason for my question: My brother is willing to check (and committing to) whatever answer choice is in the best interest of my application. The reason for my hesitation is that (1) wholly dependent might come across to the IO as me being a "lazy person" and don't mind being totally reliant on others. (2) Partially dependent might come across to the IO as my brother wanting to "hedge his commitment". My reformulated question is:
1- which answer would be a lesser evil?
Thanks in advance.

 

[Sm1smom]

Thanks mom for your feedback. If I may clarify the reason for my question: My brother is willing to check (and committing to) whatever answer choice is in the best interest of my application. The reason for my hesitation is that (1) wholly dependent might come across to the IO as me being a "lazy person" and don't mind being totally reliant on others. (2) Partially dependent might come across to the IO as my brother wanting to "hedge his commitment". My reformulated question is:
1- which answer would be a lesser evil?
Thanks in advance.

You’re struggling with this form because you’re over analyzing it and not paying enough attention to what you’re reading! The section you’re talking about is for your brother’s current dependents, not for a proposed beneficiary.

The question is are you currently dependent on your brother for support? Does your brother claim you as a dependent on his IRS tax filing? If either of this is yes, then your brother will need to indicate if you’re currently partly or wholly dependent on him. If the answer is no, then dependent section does NOT apply to you. Only the beneficiaries section of the form will directly apply.

 

[6fii]

Finally my INTERVIEW experience:
Before I went in I called KCC to ask if they have requested my file and they said NO.

I arrived 10 minutes before time, did all the check ins and was called exactly on time. I took the oath to tell the truth at first.

The interviewer was clear he asked for my passport, then confirmed date of birth, place of birth, do I have children. He then said he has gone through my file and everything looks good . He then proceeded to the yes and no questions. Out of it I had a yes to one them which asked if I have been denied visa before, and asked what kind and why I was coming to do by that time. Note I was denied for J-1 visa 8 years ago in my home country.

He didn't ask for any documents apart from the passport. He was very friendly we laughed through most of them. Then he started explaining what I have to do in order to get my citizenship and saying I cannot be out of US for more than 2 and half years if I want to be considered for citizenship after holding the green card for five years. Also I cannot stay out of US continuously more than one year. He finally said its all good he will request my file from KCC because he already has a visa for me. He gave me a letter saying my case is under review. I thanked him and left. I called KCC after 3 hours to ask if they have requested my file and they said YES.

After 5 days status changed to New Card Is Being Produced and 3 days later was mailed to me.

Thank you very much for your guidance and help Sm1smom ;and the whole community , everyone should trust the system and should have patience it will all work out. God bless

Attached is the interview experiences for past AOSers from 2015-2017 for community