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DV 2020 AOS Only

Sm1smom said:
Relax, you have enough time to complete the process. This is only February. There are some who strongly believe there’s no such thing as 90 day rule because intent is determined at the time of admission and if you’re already admitted into the US without any issue, you can AOS the very next day if you like. I on the other hand am on the side of being cautious and playing it safe. But before I go much too deep into this, some questions for you:

1. Were you already in the US on E3 when you found out about your DV selection?
2. When did you travel out and when did you return to the US?
3. Did you submit the DS260 form? If yes, when?
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1. Yes, I was on the E3 when I found out about the selection. My latest E3 is from Oct 2018.
2. I went to Australia for Christmas. Dec 24-Jan 8
3. I did submit the DS260 on Jan 18.
 
aussie expat said:
1. Yes, I was on the E3 when I found out about the selection. My latest E3 is from Oct 2018.
2. I went to Australia for Christmas. Dec 24-Jan 8
3. I did submit the DS260 on Jan 18.
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Okay. So technically you’ve already demonstrated an immigrant intent anyways with the DS260 submission - waiting for 90 days following your return to the US before filing AOS isn’t going to make any difference should your IO decide to use a preconceived immigrant intent of filing AOS while entering the US on a NIV as a reason for denying your AOS petition.

However, I don’t think that is likely to happen. Already been in the US prior or DV selection works in your favor. It can be argued the immigrant intent of AOSing was already made when you discovered you were a DV selectee.
 
Sm1smom said:
Okay. So technically you’ve already demonstrated an immigrant intent anyways with the DS260 submission - waiting for 90 days following your return to the US before filing AOS isn’t going to make any difference should your IO decide to use a preconceived immigrant intent of filing AOS while entering the US on a NIV as a reason for denying your AOS petition.

However, I don’t think that is likely to happen. Already been in the US prior or DV selection works in your favor. It can be argued the immigrant intent of AOSing was already made when you discovered you were a DV selectee.
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Eeek. Thank you...I didn't hear about the 90 day rule until after I submitted the DS260. Urgh. So just waiting on the receipt to go ahead. It's been 3 weeks, so I hope it arrives soon. Thanks for your help!
I'm filing the I-131 too, I don't currently have any intended travel dates, but I want to be covered in case of family emergency. Do I just add any date?
Thanks so much, you've been so helpful.
 
aussie expat said:
Eeek. Thank you...I didn't hear about the 90 day rule until after I submitted the DS260. Urgh. So just waiting on the receipt to go ahead. It's been 3 weeks, so I hope it arrives soon. Thanks for your help!
I'm filing the I-131 too, I don't currently have any intended travel dates, but I want to be covered in case of family emergency. Do I just add any date?
Thanks so much, you've been so helpful.
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You can hand write “unknown” or TBD for the date.

By the way including an I-765 in your AOS package isn’t going to make any difference to your situation since your current E3 is still valid until October 2020. Any approved AOS based EAD you’ll get becomes invalid from September 30th, 2020. And bear in mind, assuming the EAD is approved super fasting (processing time has been 3 to 6 months for a while now), if you use it to undertake any form of employment, you will no longer be in E3 status. If your AOS gets denied for any reason, you’ll no longer have a fall back status in that case.
 
Sm1smom said:
You can hand write “unknown” or TBD for the date.

By the way including an I-765 in your AOS package isn’t going to make any difference to your situation since your current E3 is still valid until October 2020. Any approved AOS based EAD you’ll get becomes invalid from September 30th, 2020. And bear in mind, assuming the EAD is approved super fasting (processing time has been 3 to 6 months for a while now), if you use it to undertake any form of employment, you will no longer be in E3 status. If your AOS gets denied for any reason, you’ll no longer have a fall back status in that case.
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Thanks. That was what I thought! But my employer's lawyer asked me to apply for it. I guess since it doesn't cost extra there is no harm. But it feels a bit pointless. Thank you for clarifying. I guess if I lost my job for any reason before the interview, it would be something to fall back on right? At least in the meantime? It's all a gamble at the moment. Since, if I get denied, I doubt I would ever get another E3...go big or go home!
 
I just found excerpt below from Ken Cuccinelli's Speech on final public charge rule. Ken Cuccinelli is acting director of USCIS. What does "public charge bond" mean?:D

"Under the final rule, USCIS can permit an applicant seeking a green card from the inside of the United States who is inadmissible only under the public charge ground to adjust their status to that of legal permanent resident if they will post a public charge bond."
 
RahulSingh1 said:
I just found excerpt below from Ken Cuccinelli's Speech on final public charge rule. Ken Cuccinelli is acting director of USCIS. What does "public charge bond" mean?:D

"Under the final rule, USCIS can permit an applicant seeking a green card from the inside of the United States who is inadmissible only under the public charge ground to adjust their status to that of legal permanent resident if they will post a public charge bond."
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“This public charge bond is posted as security for performance and fulfillment of the financial obligations of a bonded alien (someone who is not a U.S. citizen) to the U.S. Government.”

Layman’s terms - basically a reassurance upfront payment someone makes on your behalf to the US government indicating you will not resort to use of public benefits and if you do, the US government can keep that money for good.

Form I-945 - Public Charge Bond
 
My number just became current for April. I was initially planning to do early filing, but as I mentioned earlier, I live in Illinois, so I’ll have to send my AOS package to Nebraska. My thinking is that since USCIS in Nebraska have probably never received a DV AOS package before, there is a greater chance of being rejected for early filing. Do you think that thinking is valid, or is the risk actually the same regardless of where I’d have to send the package?

I prefer to start the process ASAP because there is a chance the injunction in Illinois is lifted in the future.
 
Sm1smom said:
“This public charge bond is posted as security for performance and fulfillment of the financial obligations of a bonded alien (someone who is not a U.S. citizen) to the U.S. Government.”

Layman’s terms - basically a reassurance upfront payment someone makes on your behalf to the US government indicating you will not resort to use of public benefits and if you do, the US government can keep that money for good.

Form I-945 - Public Charge Bond
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Is public charge ground of inadmissibility decided when reviewing applications at NBC or it is at the discretion of IO at the field office of USCIS?
 
Hi,
I called KCC and the operator said my field officer has not requested my files. I called USCIS 800 number and they said I cannot schedule an info pass since my case does not meet the criteria. They suggest me to write a letter to my field office and explain what my field officer needs to do. Also, I can go to the field office in person ( but they don’t accept walk-in infopass). I also sent a message through my USCIS account.
1-Is there any way I can pass the info to my field officer ?
2-When I go to my field office how can I convince them to pass the info to my field officer?

By the way, KCC mentioned me that my field officer needs to email them and make the request and they will email the officer my files within two business days. It would be good to add this info to the spreadsheet for future applicant so if they are in the same situation as mine they can pass the info to the field officer right away.

Thank you very much for you help.
 
RahulSingh1 said:
Sorry, I forgot to ask. Does it mean that no case is denied under public charge ground of inadmissibility before interview?
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Case may be rejected as incomplete prior to making its was to the FO - e.g. case may be rejected by the Chicago Lockbox for failure to include the I-944 Self Sufficiency form.

Case may be denied under public charge ground of inadmissibility with or without an interview by the IO assigned to the case.

One of the tabs on the AOS process spreadsheet has very useful information on the Chicago Lockbox vs the NBC vs the FO. I recommend you go through that.
 
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