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DV 2019 AOS Only

TimmyB23 said:
Okay, thanks heaps!
You are right, i am stressing!
One last question on this and I will let it go - so, if I were to submit the bank statments, should i write a little note explaining my situation, or should I pop them in there and be done with it? Is it better to explain, or is it better to say less in this instsnce?
Thanks
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You are still stressing needlessly!

One of the unstated rules of immigration is to never provid unsolicited information. You need to be careful so you don’t become one of those people who erroneously assume they’re helping their case when they pile on and on by providing more information than required which tends to do more harm than good.
 
TimmyB23 said:
Thanks again for all your help, I understand that this is a voluntary commitment on your part, and I really appreciate your time.

I am hoping you may have some insight on this -

I have just received the I-134 Affidavit and it seems all fine.
I want to know what you think I should do regarding the Bank Statements. i am aware that the Adjustment of Status does not specifically ask for bank statements, but it is a nice addition to the package.

1. My question is, should I submit 3 months worth of statements from both my US and AUST bank accounts, even if they both show around 3000 dollars all up? It is not as though I don’t bring in money, the statements show ongoing transactions, it is just that around this time of year, a lot of expenses go out, and not some much money comes in for me. Thus not much money is saved.

2. Will it count against me, if I submit them, considering I already have the Affidavit of Support?

3. What do you think the result would be in the case of submitting them, and the case of not?

4. I just don’t want to incur an RFE of not get called for the intreview, would this occur, in your opinion?

Ultimately, by the time the interview comes around I will be much more financially sound, this has been a uniquely expensive year for me...
Thanks in advance for any insight you can provide.
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Mom is right. I just get to this forum by accident today because I got notification. Never apply to work authorization or travel document if you have valid status. Example , I am AOS winner for 2018 and I got denial because I had pending name check. Anyway that denial didn’t affect my status now because I didn’t apply for work or travel. So I am fine with my study. Listen to mom guys and never apply for work authorization.
 
Yosef said:
Mom is right. I just get to this forum by accident today because I got notification. Never apply to work authorization or travel document if you have valid status. Example , I am AOS winner for 2018 and I got denial because I had pending name check. Anyway that denial didn’t affect my status now because I didn’t apply for work or travel. So I am fine with my study. Listen to mom guys and never apply for work authorization.
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I am sorry. What does that mean? How does that relate to what we were saying? I am really confused with your comment, Yosef...
 
Yosef said:
Mom is right. I just get to this forum by accident today because I got notification. Never apply to work authorization or travel document if you have valid status. Example , I am AOS winner for 2018 and I got denial because I had pending name check. Anyway that denial didn’t affect my status now because I didn’t apply for work or travel. So I am fine with my study. Listen to mom guys and never apply for work authorization.
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Hi Yosef,

I read all your posts from 2018 AOS and was very sad that due to pending name check you got a denial. Have the FO ever told you that name check was cleared after FY ended? or they just sent you a denial letter and that's it?
 
Mila05 said:
Hi Yosef,

I read all your posts from 2018 AOS and was very sad that due to pending name check you got a denial. Have the FO ever told you that name check was cleared after FY ended? or they just sent you a denial letter and that's it?
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I am really confused. Does this have any relation to the post of mine Yosef replied to above?Please explain?
 
TimmyB23 said:
I am really confused. Does this have any relation to the post of mine Yosef replied to above?Please explain?
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Hi Timmy,

I am not sure which status you are in, but the spreadsheet covers info in "AOS PAckage" which says that if you use EAD/AP card and your petition will not get approved by the end of fiscal year, you will have no valid status to fall back on unless you have a dual intent visa such as H1/H4 or L1/L2.
That's why Mom always mentions this. I think Yosef just gave you an example, that his petition was not approved, and he did not apply and use EAD card, that's why he had a status to fall back on.
 
I am sorry guys I think I quote wrong post. My office was Fairfax Virginia. If you need more details in my case go to my profile and see all post I wrote. Also see the AOS spreedsheet I wrote details about it.
I got my denial letters on October 6th 2018. I had my interview on July 31 2018 and the officer he conduct the interview was so happy with my application and told me you are approve but we are waiting for name check to be clear. He told me I will get my card by end of August 2018. But never happen and I couldn’t meet him in infopass because he is unavailable. The last time I went to infopass was I think on September 27th 2018 and I met the supervisor but she told me your name check is still pending and thus I knew I was denied.
 
Yosef said:
I am sorry guys I think I quote wrong post. My office was Fairfax Virginia. If you need more details in my case go to my profile and see all post I wrote. Also see the AOS spreedsheet I wrote details about it.
I got my denial letters on October 6th 2018. I had my interview on July 31 2018 and the officer he conduct the interview was so happy with my application and told me you are approve but we are waiting for name check to be clear. He told me I will get my card by end of August 2018. But never happen and I couldn’t meet him in infopass because he is unavailable. The last time I went to infopass was I think on September 27th 2018 and I met the supervisor but she told me your name check is still pending and thus I knew I was denied.
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My fo is the same
 
Why would you include bank statements if you already had an affidavit of support and were worried that they might hurt your case?
 
Sm1smom said:
You unknowingly did the right thing IMO by not submitting those two forms. When a person with a pending AOS uses the AP and/or EAD, they effectively roll out of their current status and fall into an adjustment pending status. If their I AOS petition subsequently gets denied, such a person will no longer have a valid status to fall back on.

Anyway, for most DV based AOS petition, submitting an I-131/I765card is more or less a waste of time. It takes approximately 3-5 months for the AP/EAD card to get processed - about the same amount of time it takes on average to get the GC.

Anyway, your H1B Status is a dual intent one which allows one to travel out of the US while their AOS petition is pending without it being considered abandoned upon departure.
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Thank you so much. I was actually advised in an info session at USCIS to go for I-765/I-131 as well but once I printed those forms I saw I-765 was mentioning not to do it if you are filing for DV. So I gave up.
Anyway, I did my biometric walk-in today, there was little bit of wait time, but they did it. My initial bio-metric date is 29th, but I thought of going today.
 
I think that lots of people proceed with the assumption that these FO's are out to get us. Like they are looking for a reason to deny us. I don't think its the case. There is no conspiracy. I think they would much prefer to approve us.

It's natural to worry about every little thing when there is such. a huge opportunity ahead of us, but we are super lucky to have such an awesome spreadsheet and such a great volunteer team to help us all out, which is much more than most others have.

After following all the great advice here and being a law abiding citizen yourself, to sit around wondering if anything in your package is going to give them cause for denial will drive you mad. I can think of a few things in my own even, that sometimes keep me up at night. You will continue to wonder "what if" or "did I do that bit right" even after sending it, even after checking it a thousand times, so just relax, be happy that you have the finest help in the world here. I'm sure many more people don't even find these forums, botch together their package and still get through the other side ok.
 
TimmyB23 said:
By your response, you would be adamant that I would not need to submit my own bank statements if I already had an I-134?
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Much better expert than me here and I have already given false information accidentally, so I'm not giving you specific advice, It just seemed strange to me.
 
Mila05 said:
Hi Timmy,

I am not sure which status you are in, but the spreadsheet covers info in "AOS PAckage" which says that if you use EAD/AP card and your petition will not get approved by the end of fiscal year, you will have no valid status to fall back on unless you have a dual intent visa such as H1/H4 or L1/L2.
That's why Mom always mentions this. I think Yosef just gave you an example, that his petition was not approved, and he did not apply and use EAD card, that's why he had a status to fall back on.
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Hi Mila

Thanks for your reply.

So, to use my situation as a basis. My O-1 Visa expires on December 31st 2018. I am submitting my AOS on Nov the 1st 2018, just under 2 months before my current visa expires.
Can you advise me how this may affect my status, If It was my intention to take up the EAD as soon as it arrived? My father has had several strokes too, so the AP was important to apply for, in case of family emergency.

Please assume I am completely ignorant - I have read all the info on the Spreadsheet about this issue several times, but I am just not understanding the implications as all of you seem to.

Please advise.
 
TimmyB23 said:
Hi Mila

Thanks for your reply.

So, to use my situation as a basis. My O-1 Visa expires on December 31st 2018. I am submitting my AOS on Nov the 1st 2018, just under 2 months before my current visa expires.
Can you advise me how this may affect my status, If It was my intention to take up the EAD as soon as it arrived? My father has had several strokes too, so the AP was important to apply for, in case of family emergency.

Please assume I am completely ignorant - I have read all the info on the Spreadsheet about this issue several times, but I am just not understanding the implications as all of you seem to.

Please advise.
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Once you have filed for AOS and after your O status expires (I presume you mean your allowed stay rather than your “visa”?), you become adjustment pending. You already have no status to fall back on after that happens from what I understand so it’s actually irrelevant to you whether or not you use adjustment-based EAD or AP becaus you don’t have a fallback status anyway. However note that you can only use the EAD or AP once you receive them, and this takes a good few months, as mom has said before, often you’d get the green card sooner anyway. You can’t travel out without abandoning AOS until you actually have your AP card. Similarly you can’t work once your O status expires until you actually have your EAD. So you may well have a few months waiting when you can’t work and you can’t travel.
 
SusieQQQ said:
Once you have filed for AOS and after your O status expires (I presume you mean your allowed stay rather than your “visa”?), you become adjustment pending. You already have no status to fall back on after that happens from what I understand so it’s actually irrelevant to you whether or not you use adjustment-based EAD or AP becaus you don’t have a fallback status anyway. However note that you can only use the EAD or AP once you receive them, and this takes a good few months, as mom has said before, often you’d get the green card sooner anyway. You can’t travel out without abandoning AOS until you actually have your AP card. Similarly you can’t work once your O status expires until you actually have your EAD. So you may well have a few months waiting when you can’t work and you can’t travel.
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Awesome, thanks very much for clarifying the issue.
Yeah, it does suck that I will be unable to work for several months, until the EAD does arrive. I am really hoping that because my number is Current in Nov 2018, that I should have no issue with securing the Green Card by endow FY 2019.
This is kinda of why I am so stressed by this process - Because, like you said, I have nothing to fall back on, and I will also be enduring a sizable chunk of next year without working rights. So I gotta get this AOS package right.
It does not help that I am completely illiterate to the work of immigration. You guys all seem so versed in it, but is is just Alien to me.
My mind works in Music, Pros and Voice, not much else going on up there...

Can you just clarify 12 thing for me - I am just writing my name on the 6 passport style photos, do this in pencil is extremely difficult - Is it okay that my name on the back is only barely visible? I just don't wanna scratch to hard and damage the image on the opposite side...
 
Have you properly considered for your case the pros and cons of CP as an alternative? If you need to work and spend time with your dad and get a green card as soon as practicable, even with late submission of DS260/change to CP it might make sense in your case to spend a couple months in your home country doing all this than sitting around in the US. Might - because I have no idea of your specific situation, any potential for AP etc.
 
SusieQQQ said:
Have you properly considered for your case the pros and cons of CP as an alternative? If you need to work and spend time with your dad and get a green card as soon as practicable, even with late submission of DS260/change to CP it might make sense in your case to spend a couple months in your home country doing all this than sitting around in the US. Might - because I have no idea of your specific situation, any potential for AP etc.
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Yeah, that was considered, but I have been in the US for 8 years, and away from my home town for another 7 before that. There is no place for me in my home town, my work and life is here. I just needed the option to return should a family tragedy arise. It would be like starting over, so I might as well tough it out here, and hope to goodness that it all comes through before October 2019. :)

It is most likely it will be okay, I have all the support material now, even if I am a little lost when it comes to this process. Just gotta keep the fingers crossed. :)
 
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