DV 2019 AOS Only

[GallivantAbroad]

Hey Mom it's me again! I'm preparing to send in my AOS package really soon and I have two questions.

1. I looked at the spreadsheet to see the packages people previously sent and only one opened for me so I'd like to know should I label all the documents I'm giving in or should I just send everything in appropriately paperclipped together since the documents and forms I'm giving them is pretty straight forward?

2. Also what are tax return transcripts exactly? I got my W-2 from work on campus but I'm not sure what the transcripts are?

I feel like I'm so close to finally having my green card and thanks so much for all this information you provide!!!

 

[Sm1smom]

Hey Mom it's me again! I'm preparing to send in my AOS package really soon and I have two questions.

1. I looked at the spreadsheet to see the packages people previously sent and only one opened for me so I'd like to know should I label all the documents I'm giving in or should I just send everything in appropriately paperclipped together since the documents and forms I'm giving them is pretty straight forward?

2. Also what are tax return transcripts exactly? I got my W-2 from work on campus but I'm not sure what the transcripts are?

I feel like I'm so close to finally having my green card and thanks so much for all this information you provide!!!

1. Just clip them together, I don’t see a need for labeling. And thanks for the update regarding the broken links - will look into those as time permits.

2. IRS tax transcripts can be found and requested from the IRS website.

 

[pittsandpieces]

Hi Mom,

Two questions,

1. I have been using my work's address as my Mailing Address in all AOS forms, as I always prefer receiving mail there given it seems more secure than my home address (front mailbox). Is this fine or should I have kept my Home and Mailing Address consistent? The self-addressed envelope for my DV Fee Payment was to my work's address. Made a signed note stating my Mailing Address is different to my Home Address.

2. I noticed a small error in my DS260 which I didn't pick up - it's regarding dates on where I lived. It's only off by one month.
Current residence: June 2017 - Present (but should say July 2017 - Present)
Prior residence: June 2017 - July 2017 (Lived at this residence for 1 month after initially arriving on my E3 visa in June 2017)

Should I request to open my DS260 to change these or do you think these are not a significant problem?

Any advice would be greatly appreciated. Thank you kindly.

 

[HHAA]

Hello Mom,

I have received IL currently and it asks to bring a couple of documents to the interview which contains:
1- a completed affidavit of support Form I-864
2- if you have ever been arrested, bring the related Police Report and the original Final Court Disposition. If no court record is available bring a letter from the court with jurisdiction indicating this.

questions:
1- I sent the form I-134 for affidavit of support with my package. should I provide I-864 for interview according to the letter?
2- How can I get a letter from the court indicating no court record?


Thank you

 

[Sm1smom]

Hi Mom,

Two questions,

1. I have been using my work's address as my Mailing Address in all AOS forms, as I always prefer receiving mail there given it seems more secure than my home address (front mailbox). Is this fine or should I have kept my Home and Mailing Address consistent? The self-addressed envelope for my DV Fee Payment was to my work's address. Made a signed note stating my Mailing Address is different to my Home Address.

2. I noticed a small error in my DS260 which I didn't pick up - it's regarding dates on where I lived. It's only off by one month.
Current residence: June 2017 - Present (but should say July 2017 - Present)
Prior residence: June 2017 - July 2017 (Lived at this residence for 1 month after initially arriving on my E3 visa in June 2017)

Should I request to open my DS260 to change these or do you think these are not a significant problem?

Any advice would be greatly appreciated. Thank you kindly.

1. I guess the office address is fine under the US mailing address section. Just make sure you list your home address in the section asking for physical address.

2. The error is insignificant, no need to update the DS26 form.

 

[Sm1smom]

Hello Mom,

I have received IL currently and it asks to bring a couple of documents to the interview which contains:
1- a completed affidavit of support Form I-864
2- if you have ever been arrested, bring the related Police Report and the original Final Court Disposition. If no court record is available bring a letter from the court with jurisdiction indicating this.

questions:
1- I sent the form I-134 for affidavit of support with my package. should I provide I-864 for interview according to the letter?
2- How can I get a letter from the court indicating no court record?


Thank you

1. Nope. Ignore the I-864 instruction, it’s not applicable to a DV based AOS petition. Go with a copy of the submitted I-134.

2. You don’t need a ‘no court record’ if you’ve never been arrested and charged accordingly. The ‘no court record’ requirement is only applicable to anyone previously charged and is unable to obtain the applicable disposition record because it is either sealed or has been purged from the system due to time factor.

 

[Mila05]

Hello Mom,

I have received IL currently and it asks to bring a couple of documents to the interview which contains:
1- a completed affidavit of support Form I-864
2- if you have ever been arrested, bring the related Police Report and the original Final Court Disposition. If no court record is available bring a letter from the court with jurisdiction indicating this.

questions:
1- I sent the form I-134 for affidavit of support with my package. should I provide I-864 for interview according to the letter?
2- How can I get a letter from the court indicating no court record?


Thank you

Congrats)) I am still waiting on mine (
Whats if your FO by the way?

 

[pittsandpieces]

1. I guess the office address is fine under the US mailing address section. Just make sure you list your home address in the section asking for physical address.

2. The error is insignificant, no need to update the DS26 form.

Hi Mom, thank you for your response.

I have been using my home address in anywhere specifying physical address. So that should be all good.

Another question:

My case number is current in February, and wanted to know if you would recommend filing my 2018 Tax Return before mailing my AOS Package? I am yet to complete the return (deadline being April 17) but wondered if my 2017 Return would suffice? Or should I do 2018 and include both?

 

[pittsandpieces]

Hi Mom and forum,

I have an extremely special emergency that requires me to fly to Italy from the USA tomorrow for 1 week. Currently I have submitted my DS-260 and paid my DV Fee but awaiting for the receipt - What kind of repercussions would there be if I left mid-AOS application? Guessing it'd mean my application would be canceled?

Is there a chance I could still pursue AOS upon my return? Perhaps reapply? Or perhaps process via CP instead?

Any advice would be upmost appreciated.

Thank you.

 

[Sm1smom]

Hi Mom, thank you for your response.

I have been using my home address in anywhere specifying physical address. So that should be all good.

Another question:

My case number is current in February, and wanted to know if you would recommend filing my 2018 Tax Return before mailing my AOS Package? I am yet to complete the return (deadline being April 17) but wondered if my 2017 Return would suffice? Or should I do 2018 and include both?

You can submit your AOS package with your 2017 tax returns and take the 2018 tax returns along to your interview if you wish to submit now.

 

[Sm1smom]

Hi Mom and forum,

I have an extremely special emergency that requires me to fly to Italy from the USA tomorrow for 1 week. Currently I have submitted my DS-260 and paid my DV Fee but awaiting for the receipt - What kind of repercussions would there be if I left mid-AOS application? Guessing it'd mean my application would be canceled?

Is there a chance I could still pursue AOS upon my return? Perhaps reapply? Or perhaps process via CP instead?

Any advice would be upmost appreciated.

Thank you.

You’re not leaving mid-AOS if you’re yet to submit your AOS package, you have no pending petition that will become abandoned following your departure from the US.

The implication of this trip is that you may have to wait for at least 3 months following your return to the US before you can file AOS unless you’re currently in the US on a dual intent visa.

 

[pittsandpieces]

You’re not leaving mid-AOS if you’re yet to submit your AOS package, you have no pending petition that will become abandoned following your departure from the US.

The implication of this trip is that you may have to wait for at least 3 months following your return to the US before you can file AOS unless you’re currently in the US on a dual intent visa.

Mom, thank you for your response. I spoke to someone from USCIS and she said because I haven't submitted i-485 then it may mean I can leave, like you said. She didn't confirm and put me onto an Immigration Officer who is going to call me back.

For reference, I'm currently on an E-3 visa - so non-dual intent. Do you know why it may mean I would I have to wait 3 months before filing the AOS Package?

 

[Sm1smom]

Mom, thank you for your response. I spoke to someone from USCIS and she said because I haven't submitted i-485 then it may mean I can leave, like you said. She didn't confirm and put me onto an Immigration Officer who is going to call me back.

For reference, I'm currently on an E-3 visa - so non-dual intent. Do you know why it may mean I would I have to wait 3 months before filing the AOS Package?

Entering the US on a NIV with the mind of processing AOS is highly frowned upon. If you file for AOS less than 90 days following your return, your AOS petition could be denied because because you will be engaging in an activity that is inconsistent with the status you were admitted in which will be considered a fraudulent misrepresentation.

If you were to tell the embassy (for someone applying for a fresh NIV, or a renewal) you plan on processing AOS upon admission into the US the visa wouldn’t have been issued. If at the POE, CBP IO discovers a person is seeking to enter the US on a NIV with the intention of processing AOS, the person will not be admitted either.

Get more insight into this from the attached memo

 

[pittsandpieces]

Entering the US on a NIV with the mind of processing AOS is highly frowned upon. If you file for AOS less than 90 days following your return, your AOS petition could be denied because because you will be engaging in an activity that is inconsistent with the status you were admitted in which will be considered a fraudulent misrepresentation.

If you were to tell the embassy (for someone applying for a fresh NIV, or a renewal) you plan on processing AOS upon admission into the US the visa wouldn’t have been issued. If at the POE, CBP IO discovers a person is seeking to enter the US on a NIV with the intention of processing AOS, the person will not be admitted either.

Get more insight into this from the attached memo

I see. So I would have to wait till at least May before I can send in the AOS package. My current E-3 visa ends May 19, 2019. So I would then go into Parole (?) and not be able to work after May 19 until a decision is made on my case.

But the DV Program is open until September, correct, so there would still be time to process. Just have to live and wait without a job post May 19.

Or I can change and process CP.

 

[SusieQQQ]

I see. So I would have to wait till at least May before I can send in the AOS package. My current E-3 visa ends May 19, 2019. So I would then go into Parole (?) and not be able to work after May 19 until a decision is made on my case.

But the DV Program is open until September, correct, so there would still be time to process. Just have to live and wait without a job post May 19.

Or I can change and process CP.

Is your number current yet? Or are you speculating as to when that will be?
You’d need your NOA to be received before your E visa expired to be able to stay in the US and adjust.

 

[pittsandpieces]

Is your number current yet? Or are you speculating as to when that will be?
You’d need your NOA to be received before your E visa expired to be able to stay in the US and adjust.

My number is current February 1st: OC4XX.
The working aspect of my visa expires: May 19, 2019, but on my I-94 it says "Admit until Date: 08/15/2019" - which i'm guessing is the 60 day vacating rule?

Really trying to see the implications of this trip. Seems like it could be fine but it might mean I'll have to stop work.

Also would an officer see that I filed DS-260? Would that be an issue?

 

[SusieQQQ]

My number is current February 1st: OC4XX.
The working aspect of my visa expires: May 19, 2019, but on my I-94 it says "Admit until Date: 08/15/2019" - which i'm guessing is the 60 day vacating rule?

Really trying to see the implications of this trip. Seems like it could be fine but it might mean I'll have to stop work.

Also would an officer see that I filed DS-260? Would that be an issue?

It should be fine but obviously we don’t know all the facts of your case. If for any reason it’s denied, or not adjudicated before the end of the fiscal year, you’d have no status and would have to leave immediately.

Yes they’ll see that you filed a DS260. It might be an issue, they may or may not ask you about it.

 

[pittsandpieces]

It should be fine but obviously we don’t know all the facts of your case. If for any reason it’s denied, or not adjudicated before the end of the fiscal year, you’d have no status and would have to leave immediately.

Yes they’ll see that you filed a DS260. It might be an issue, they may or may not ask you about it.

So the 90 Day Rule applies each time you re-enter the US? Not from your initial entry upon after E-3 visa being granted (June 5, 2017). I've had 2 international trips during the time of my E-3 (last one was to Vancouver in June, 2018).

This projected international travel would only be for 5 days.

This whole circumstance is making me very nervous.

 

[SusieQQQ]

So the 90 Day Rule applies each time you re-enter the US? Not from your initial entry upon after E-3 visa being granted (June 5, 2017). I've had 2 international trips during the time of my E-3 (last one was to Vancouver in June, 2018).

This projected international travel would only be for 5 days.

This whole circumstance is making me very nervous.

Yes. When you enter, you are using your non-immigrant visa to enter. A NIV has various limitations attached, including that you may not have immigrant intent. It doesn’t matter if you leave the country for 5 days or 5 hours or 5 minutes - what matters is that you are re-entering on a non-immigrant visa.

How soon after your last trip did you submit your DS260?

 

[SusieQQQ]

This memo, top of page 4, seems to imply you wouldn’t be denied entry just because you’ve filed a DS260.
“An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.”
https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2005/e3polgdnc_121505.pdf
Caveat: it’s really old and I don’t know if it’s been superseded by anything since.

Also this doesn’t offset the 90 day rule.