ritallight
Active Member
I hope it is in NVC and all is Ok , Thank you SusieQQQ
DV 2021 AOS Only
- Thread starter Sm1smom
- Start date
I agree with @SusieQQQ. I have submitted the I-765 together with my AOS in November and I’ve been waiting for the EAD since then.
Gotcha! Mine still says at NVC and embassy is not scheduling DV yet so hopefully it won’t get to that. Hopefully KCC will process the CP to AOS change within the next few days (since I contacted them quite a bit ago already).
hello guys, have a couple of interesting question, perhaps, collective intelligence has an answer 
I won DV2021 and my number is current since last month.
I am in a very bad situation right now, because the consulate in my country closed for non-US citizens and doesn't arrange interviews at all. I have B1/B2 visa and there are no other possibilities but to fly to the US, wait for 3 months to fulfil the requirement for filing an AOS application if I understood USCIS documents right In this case, I will be eligible to apply to AOS processing starting from, say, Aug 15 (3 months after May 15, when I touch the US land). But it is only 1.5 months to FY! Is it a working situation or not? Please advise!
I won DV2021 and my number is current since last month.
I am in a very bad situation right now, because the consulate in my country closed for non-US citizens and doesn't arrange interviews at all. I have B1/B2 visa and there are no other possibilities but to fly to the US, wait for 3 months to fulfil the requirement for filing an AOS application if I understood USCIS documents right
In this case, I will be eligible to apply to AOS processing starting from, say, Aug 15 (3 months after May 15, when I touch the US land). But it is only 1.5 months to FY! Is it a working situation or not? Please advise!
SusieQQQ
Well-Known Member
According to the history here you got a green card in DV2014?hello guys, have a couple of interesting question, perhaps, collective intelligence has an answer
I won DV2021 and my number is current since last month.
I am in a very bad situation right now, because the consulate in my country closed for non-US citizens and doesn't arrange interviews at all. I have B1/B2 visa and there are no other possibilities but to fly to the US, wait for 3 months to fulfil the requirement for filing an AOS application if I understood USCIS documents right
LOL, yes, I got it in 2014, you right. a question in regards to my friend. Wrote the question and thought, somebody will check my status for sure
Sm1smom
Super Moderator
So your friend should have created their own account or you could have declared upfront you were asking on behalf of someone else.LOL, yes, I got it in 2014, you right. a question in regards to my friend. Wrote the question and thought, somebody will check my status for sure
Anyway, you friend shouldn’t be planning on entering the US on a NIV with a preconceived intent of filing AOS. That is considered fraudulent use of the NIV. You went through the AOS process yourself, you know that is an option available to applicants already based in the US before the decision to file AOS was made.
Hi Mom!
One quick question re I-134. I`m F1 student now and thinking about who is the right person to ask for I-134.
1) Can it be a non-citizen who works in the US with H1B?
2) Or is it better to have my classmate citizen of the US but who is not working (because he is a student)?
Overall, how important is getting a high-salary US citizen for this? Because I study in a top university and had high-salary internship, so curious whether this is something important or no.
Thank you so much!
One quick question re I-134. I`m F1 student now and thinking about who is the right person to ask for I-134.
1) Can it be a non-citizen who works in the US with H1B?
2) Or is it better to have my classmate citizen of the US but who is not working (because he is a student)?
Overall, how important is getting a high-salary US citizen for this? Because I study in a top university and had high-salary internship, so curious whether this is something important or no.
Thank you so much!
ollie-o
Member
Hi all, I have another question. Thank you so much for the continued help!
For boring practical reasons, it makes sense for me to pay the $1,225 I-485 filing fee with a cashier's check. I wanted to confirm that I did this the right way:
Address: 12500 Tukwila International Blvd, Tukwila, WA 98168 (the lady at the bank said an address was required, but this address is not listed on the cashier's check itself)
Pay to the order of: U.S. Department of Homeland Security
Remitter (Purchased By): <my name>
Amount: $1,225.00
Additional note: I-485 FEE, A# <my a-number>
Did I miss anything? Will the address be a problem since it corresponds to a local USCIS office?
For boring practical reasons, it makes sense for me to pay the $1,225 I-485 filing fee with a cashier's check. I wanted to confirm that I did this the right way:
Address: 12500 Tukwila International Blvd, Tukwila, WA 98168 (the lady at the bank said an address was required, but this address is not listed on the cashier's check itself)
Pay to the order of: U.S. Department of Homeland Security
Remitter (Purchased By): <my name>
Amount: $1,225.00
Additional note: I-485 FEE, A# <my a-number>
Did I miss anything? Will the address be a problem since it corresponds to a local USCIS office?
Not suggesting what you should do. But USCIS recently allows online filing of post completion OPT as a result of recent lawsuit. There are data points of people getting approved in less than a month.
Also, read the spreadsheet again on pros and cons. Not filing AOS EAD means you have student status to fall back to if things didn't go as planned.
even if he falls under the 90 day rule? After a 90-day period, there is no presumption of misrepresentation, according to DOS.
Sm1smom
Super Moderator
1. It is preferable for it to be a USC or a LPR.
2. How will that student demonstrate their financial capability to support you if they’re not currently working?
The IO has to be convinced an applicant is unlikely to become a public charge in order for them to be approved, the easiest way for someone who cannot demonstrate they have the financial means to support themselves is usually through an affidavit of support. Having said that, I also have to say the IOs typically look at the totality of the circumstances when making an assessment as to the likelihood of becoming a public charge or not
Sm1smom
Super Moderator
I don't know if the address is correct or not, I can't speak to it.
Sm1smom
Super Moderator
Nope, not quite. Filing an AOS based EAD does not mean one wouldn't have a fall back status should their current status expire. Using the AOS based EAD is what changes one's current immigration status. A person who files and receives the AOS based EAD card, and does not use it will not fall out of their current status.
Sm1smom
Super Moderator
1. The 90 day rule is not a regulation, it is merely a non-binding guidance provided by DOS for consular officers.
2. USCIS is not under the jurisdiction of DOS, USCIS is an independent body, not subject to DOS guidance.
See what the USCIS Policy Manual says about the 90 day rule below:
"The U.S. Department of State’s 90-Day Rule [8]
DOS developed a 90-day “rule” to assist consular officers in evaluating willful misrepresentation in cases involving an applicant who violated his or her nonimmigrant status or whose conduct is inconsistent with representations made to either the consular officer at the time of the visa application or to the immigration officer at the port of entry. The DOS 90-day rule creates a presumption of willful misrepresentation if an applicant engages in such conduct within 90 days of admission to the United States.
Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States. [9] Officers should carefully assess each situation and continue to evaluate cases for potential fraud indicators. When appropriate, officers should also refer cases to Fraud Detection and National Security, according to existing procedures."
Again, using a NIV to enter the US with the preconceived intent of filing for AOS is a fraudulent attempt at obtaining an immigration benefit. Unless of course your friend intends to declare this preconceived intent of filing for AOS at the POE in which case subsequently filing for AOS upon admission will not constitute a fraudulent attempt. And they wouldn't even need to try and circumvent the process by trying to rely on some misconceived 90 day rule, assuming they're admitted after declaring this intent.
Neutral Unit
New Member
I think the main concern should be if a month and a half is enough to process AOD prior fiscal year end. Chosing between breaking 90 days period and not doing anything to receive DV... well, not much choice
Sm1smom
Super Moderator
No, that is not the only concern as far as this forum is concerned. Entering the US on a NIV with the mind of processing AOS is a fraudulent attempt at obtaining an immigration benefit which is a violation of the TOS of this forum.
Sm1smom
Super Moderator
I'm sorry I do not provide guidance on how to maintain a valid status. My guidance in this forum is limited to DV process.
Sm1smom
Super Moderator
That is not the 2NL. Are you processing AOS or CP?