Honestly, at this point I am desperate and discouraged and unsure of what to do altogether. So I am just trying to figure it out.
DV 2021 AOS Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
The tax transcripts you received from the IRS is considered the original version which you can send as is. You can equally photocopy single-sided and send that if you like. Either way, it is not an issue.
Sm1smom
Super Moderator
While I understand the desperation, my response is still the same though. Entering the US on a NIV with a preconceived intent of filing for AOS is considered a fraudulent use of the NIV.
Did you already submit your DS260 form with CP prior to coming to the US?
I have not submitted anything yet and, honestly, I was going to do CP but I am starting to lose hope there. I would wait at least 90 days to go the AOS route, not sure if that would make a difference.
In any case, I haven't submitted the DS260 because I was determined to go back to my country this summer and get it done there at the embassy, that wax my legitimate plan
Sm1smom
Super Moderator
Actually, the fact that you have a fairly low CN under 7xxx (based on your previous posts), and not having submitted your DS260 since May when you found out about your DV selection (and the fact that you keep talking about waiting 90 days following your entry into the US before declaring an immigrant intent) clearly supports a preconceived intent of filing AOS prior to entering the US, this does not seem to support the plan of going the CP route IMO.
IMHO, submitting the DS260 with CP selected prior to coming into the US on a NIV, and subsequently switching to AOS “due to change in circumstances” would have made a better argument against having a preconceived intent of filing of filing AOS prior to coming into the country. Based on this, I honestly don’t but your intended plan of going back home to process CP in summer.
So I did it wrong? The 90 days rule I know because I was an Au Pair and they used to talk about it a lot, I know I don't have to convince you but I really did not plan on applying for AOS. I came under an F1 because I entered into a really great MA program fully funded before learning I was selected.
I honestly did not want to submit it earlier because I was worried it would affect my F1 or entry in the country. I even have a ticket to go back home this summer.I will just pray that CP will be possible then, which I am very hopeless about given the circumstances.
PhantomHigh
Active Member
Hello everyone,
CN: AS17XXX
Document email received. Submitted DS260 on 7th of June.
I have B1/B2 visa valid for more than 2 years.
Can I visit the US on B1/B2 visa and then do AOS?
CN: AS17XXX
Document email received. Submitted DS260 on 7th of June.
I have B1/B2 visa valid for more than 2 years.
Can I visit the US on B1/B2 visa and then do AOS?
Sm1smom
Super Moderator
So I did it wrong? The 90 days rule I know because I was an Au Pair and they used to talk about it a lot, I know I don't have to convince you but I really did not plan on applying for AOS. I came under an F1 because I entered into a really great MA program fully funded before learning I was selected.
I will just pray that CP will be possible then, which I am very hopeless about given the circumstances.
I think at this point, you really should stop claiming or posting about not harboring a preconceived intent of filing AOS because your last couple of posts contradicts the conversations (regarding what you know and didn’t know) from June 2020. You intentionally didn’t file the DS260 form, you pre-planned on filing AOS. You did your research, even the “90 day rule” was one of the issues addressed back then, so I’m not sold on your current claim of not knowing.
And I will also stop at this point, I don’t want to over-flog the issue of your preconceived intent of filing AOS.
Best of luck!
Sm1smom
Super Moderator
No, you cannot do that! The AOS option is for someone who is already based in the US, it is not a means for by-passing the regular CP option available to non-US residents. Using a NIV to enter the US with a preconceived intent of filing AOS is a fraudulent misuse of the NIV. Read the last couple of posts above yours on this same issue.
SusieQQQ
Well-Known Member
No, you cannot use a non immigrant visa with intent to immigrate. And you cannot lie to CBP about the purpose of your trip (that falls under fraudulent misrepresentation and can get you deported from the entry point and/or a ban, the ban could either be at entry or if the misrepresentation is discovered at your interview), and if you are honest about the purpose of the trip you will be denied entry, so it’s not even worth trying.
With all due respect:
I did not preplan on filing AOS, like I have stated multiple times, I would link you to those posts if I knew how to. Again, I knew the 90 day rule before even applying for the DV lottery, that is years ago and this was the first time ever that I applied for DV.
I don't believe I have ever disrespected anyone in this group to deserve it, and I don't have to sell you or convince you of anything, so this does feel very hostile and condescending as you keep insisting I am lying, which is a pretty serious accusation and extremely unfair and unwarranted.
I did not have intent of filing for AOS when I got my F1 or when I entered the country, I have a ticket to go back home in late summer to go through the CP route, I came to the US because I wanted to get this masters, not because I want to file for AOS. So I won't stop "claiming" it as you put it because that is simply the truth and my current situation.
I am only considering it out of pure desperation given that it doesn't look like CP will be a viable route for DV2021.
Hello Mom,
I am on F1 and my wife is on F2 visa. I have private health insurance from my university but my wife does not have it for the past two years.
1. I will be having my private health insurance during the AOS process. Do I need to purchase health insurance for my wife too?
2. My kids (under 10) are enrolled in the Medicaid program does that have a negative impact on my case on public charge grounds?
Thank you,
I am on F1 and my wife is on F2 visa. I have private health insurance from my university but my wife does not have it for the past two years.
1. I will be having my private health insurance during the AOS process. Do I need to purchase health insurance for my wife too?
2. My kids (under 10) are enrolled in the Medicaid program does that have a negative impact on my case on public charge grounds?
Thank you,
SusieQQQ
Well-Known Member
You are correct that you do not have to convince anyone here. However, you will have to convince an IO during an interview that you had no intent to adjust despite being aware of your selection and apparently hiding it by not submitting a DS260 before you went for your F1 interview.
Incidentally the 90 day “rule” isn’t actually a rule for USCIS. It is something that DoS proposes but is not mandatory for USCIS. USCIS can and has found people ineligible to adjust well after 90 days if they think there was misrepresentation at entry. You just need to be aware of the risk you will be taking going this route. Remember if you are denied AOS you will not be able to try CP as well after that.
https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3
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.
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MorningmyGC@7
Member
Remember that B1/B2 visa says valid for 2 years BUT actually each stay should not exceed 6 months at a time or when your 1-94 expires.
SusieQQQ
Well-Known Member
That is true but still irrelevant - you cannot use a B visa to enter with intent to adjust.
Sm1smom
Super Moderator
Irrelevant to wether OP can plan on entering the US with a preconceived intent of filing AOS.
Sm1smom
Super Moderator
1. If proof of medical insurance is one of the factors used in assessing the likelihood of becoming a public charge and your wife has no such proof in support of her AOS application, how do you think that will impact her case? That should answer your question, right?
2. I think you need to take another look at the AOS process spreadsheet - there’s a tab dedicated to public charge with lots of useful information.
Good afternoon,
I am a student on a F1 visa (Won the DV visa while on the US on my MS program), currently re-entered the US on January 15th (went to my homecountry for the holidays).
I will be starting a job on July 1st. My question is the following:
1) Should I start the job by using my OPT and obtaining my EAD card with my student visa ( I can start the process around February 15th - 3 months before my program ends and I heard it takes 100 days).
Or
2) Should I start the job by asking for an expedited process to get an EAD as a DV Winner Lottery (My only worry is that it might not be ready by July 1st, is there a way of being sure it will be?)
PS: My case number will become current on April. But as I've read before it is recommended to wait 90 days after your entry day to submit the application if you re-entered after travelling for the holidays, correct? So I would be starting the process on April 15th.
Thanks a lot!
I am a student on a F1 visa (Won the DV visa while on the US on my MS program), currently re-entered the US on January 15th (went to my homecountry for the holidays).
I will be starting a job on July 1st. My question is the following:
1) Should I start the job by using my OPT and obtaining my EAD card with my student visa ( I can start the process around February 15th - 3 months before my program ends and I heard it takes 100 days).
Or
2) Should I start the job by asking for an expedited process to get an EAD as a DV Winner Lottery (My only worry is that it might not be ready by July 1st, is there a way of being sure it will be?)
PS: My case number will become current on April. But as I've read before it is recommended to wait 90 days after your entry day to submit the application if you re-entered after travelling for the holidays, correct? So I would be starting the process on April 15th.
Thanks a lot!
SusieQQQ
Well-Known Member
Would recommend that you use OPT and maintain valid F1 status. Apart from the delay in getting EADs, maintaining your current status means that in the event the AOS is not successful for any reason, you have your F1 status to fall back on. If you use an AOS based EAD and AOS doesn’t work out, you would need to leave the US immediately.
PS you cannot know that your number will be current in April.
Thank you very much for the advise!
So would it be best to wait until after I receive my EAD card (OPT) and only then apply for the AOS? Assuming a processing time of 3 months for the OPT I would start the process for the AOS around May 15 (even though most likely my CN will become current in April).
What is the best advise for this scenario?
Thanks again!