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DV 2021 AOS Only

Sm1smom said:
If you’ve never tried the tier 2 personnel approach before, then you can begin there. You can also jump to the congressional inquiry option if you prefer.
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Thank you mom.
What kind of help can a tier 2 agent give me? Can he/she schedule an interview appointment? Can speed up the process?
 
f1todv said:
Hi,

I do not know what to do with my situation and I would really appreciate any help:

I am an F-1 student and my visa ends in December 2022 (i20 ends in June 2022). I was selected for DV2021 and I was planning to apply for AOS. However, my case number is on the high side (EU 23XXX). I have the following questions:

1) If I apply for green card, if it gets rejected or not given due to the time restriction, I will be in US next year studying with my current F-1 visa. In this case, will I be able to travel outside of US during that year? Will my prior green card application create problems while entering US with my F-1 visa?

2) Same situation. But I want to apply for OPT for summer 2022 when I graduate to work in industry. Would this prior green card application create a problem for OPT process?

3) Let's assume that I got the OPT as well. However, my F-1 visa is expired. In this case, in order to travel, I will have to apply for renewal of my F-1 visa when I go back to my home country. But I will be applying for a student visa with a prior intend of immigration. Will this create a problem? What would be the chance for me to get F-1 visa in that case?

Thank you very much!
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1. Anyone can always leave the US, there’s no problem with departing from the US. Admission or re-admission to the US however is never guaranteed regardless of a demonstrated intent or not. Only a USC is guaranteed an admission into the US.
2. Prior AOS application shouldn’t be an issue with getting OPT approval.
3. Yes, a previously demonstrated immigrant intent may lead to a denial of a new NIV. The NIV is either approved or denied, I can’t give you %chance rate of denial or approval.
 
fauchc said:
Thank you mom.
What kind of help can a tier 2 agent give me? Can he/she schedule an interview appointment? Can speed up the process?
Click to expand...
I can say precisely what kind of assistance the tier 2 personnel may be able to provide you with, I assume you’ve been reading about other people’s reports of their interactions with the tier 2 agent. The only way you’ll will find out precisely what they’re able or willing to do for you is by interacting with them. You provide them with the specifics of your case and see/hear what their response is.
 
Sm1smom said:
1. You can write N/A (since your status hasn’t changed) or still write F1
2. Write as shown on the I-94. Leave MiddleName blank
3. “NO”
4. Receipt No is not applicable to DV based AOS application, don’t worry about it
5. Technically speaking, receiving the stimulus check itself will not be used in making a public charge determination, it is advanced tax credit. However if this was me (since it is something I am not eligible to receive in the first place), I will still go ahead and declare it by selecting “YES” and explain what sort of government assistance it was.

I am not the moral police, but the I’m just wondering how come you received this payment if you were not eligible to receive them in the first place, and why are you waiting to see if your CN will become current or not before deciding on calling the IRS for a payment plan? Meaning the only reason you’re worried about this is because of its potential intent on your DV application? You don’t have to answer these questions, it’s just something I was wondering about.
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I paid an expert to file my taxes for 2018 and I clearly mentioned to him that I am a non-resident taxpayer (An international student on an F1 visa). However, I have received the first stimulus check. As of today, I have not received my 2019 and 2020 tax refunds as well as the 2nd and 3rd stimulus checks. Should I contact IRS about it?

Thank you,
 
Youn said:
I paid an expert to file my taxes for 2018 and I clearly mentioned to him that I am a non-resident taxpayer (An international student on an F1 visa). However, I have received the first stimulus check. As of today, I have not received my 2019 and 2020 tax refunds as well as the 2nd and 3rd stimulus checks. Should I contact IRS about it?

Thank you,
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If the tax expert filed your taxes as a resident alien despite telling them you do not meet that designation, they couldn’t have been much of an expert in that case. I think you can decide on your own as to if need to contact the IRS or not, I can’t tell you what you should do.
 
Sm1smom said:
If the tax expert filed your taxes as a resident alien despite telling them you do not meet that designation, they couldn’t have been much of an expert in that case. I think you can decide on your own as to if need to contact the IRS or not, I can’t tell you what you should do.
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Thank you. I just texted him about the status of filing my taxes one more time. His response was: There is no such thing as non-resident for federal tax return.

1. Should I ask him to fix the status of my tax (if it is possible)?

2. Does it have a negative impact on my AOS case? IF yes to what extend (any ideas)?
 
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Youn said:
Thank you. I just texted him about the status of filing my taxes one more time. His response was: There is no such thing as non-resident for federal tax return.
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Hi Youn!
That is exactly what my CPA said as well! He was my accounting professor, the VITA Program Coordinator, a CPA, CFE, etc. as well!

He said:
"In regards to your question, so you got a stimulus check, go ahead and cash it!"
"When it comes to taxes, International students really don't have any significance, nor is it indicated anywhere on the forms".

I'm still quite hesitant, and at this point, I am just waiting for my lawyers' response and see what they think.
 
jasperrrr.c said:
Hi Youn!
That is exactly what my CPA said as well! He was my accounting professor, the VITA Program Coordinator, a CPA, CFE, etc. as well!

He said:
"In regards to your question, so you got a stimulus check, go ahead and cash it!"
"When it comes to taxes, International students really don't have any significance, nor is it indicated anywhere on the forms".

I'm still quite hesitant, and at this point, I am just waiting for my lawyers' response and see what they think.
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Hi, Thank you for the information. I just shared the following IRS page about the taxation of nonresident aliens with my tax preparer: His response was "Your tax was filed correctly".

Taxation of Nonresident Aliens | Internal Revenue Service

Find tax filing and reporting information for nonresident aliens.
www.irs.gov www.irs.gov

In my opinion, since I have paid someone to file my taxes and explained to him my visa status clearly, that should not be a problem. Further, the tax preparer is ready to answer questions about it.

Mom and Susie QQQ may shed more light on it and help us with it.

Thank you
 
Youn said:
In my opinion, since I have paid someone to file my taxes and explained to him my visa status clearly, that should not be a problem. Further, the tax preparer is ready to answer questions about it.

Mom and Susie QQQ may shed more light on it and help us with it.
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Having personally had a so-called expert in dual national taxes (at a ridiculous hourly rate) totally mess up my first taxes in the US, I am very loathe to just assume that because you paid someone who calls themselves an expert everything is ok. It may be, i just don’t think it is an automatic conclusion , in the same way as we have seen so-called immigration law experts mess up DV cases. I certainly don’t claim to be an expert, and I am not going to express my own understanding of it as I don’t have much confidence in it.

(But imo a simple response “you got a check so cash it” clearly doesn’t take account of potential immigration implications; we already know that people who do not qualify have received them, there have been press articles about that.)
 
Youn said:
Thank you. I just texted him about the status of filing my taxes one more time. His response was: There is no such thing as non-resident for federal tax return.

1. Should I ask him to fix the status of my tax (if it is possible)?

2. Does it have a negative impact on my AOS case? IF yes to what extend (any ideas)?
Click to expand...
Did you ask him why there is non-resident form in IRS website then?
 
Youn said:
Thank you. I just texted him about the status of filing my taxes one more time. His response was: There is no such thing as non-resident for federal tax return.

1. Should I ask him to fix the status of my tax (if it is possible)?

2. Does it have a negative impact on my AOS case? IF yes to what extend (any ideas)?
Click to expand...

I wouldn't say that this person was an expert. I have always filed my taxes as a nonresident alien until (as an F1 student) I met the substantial presence test after 5 years and I filed as "resident for tax purposes"
 
Hello, Mom and Susie.

I and my wife are in the US on L1 and L2 visas. We already had our interview and our cases are in review because our names were updated.

At the moment it looks like my wife will need to travel to our home country.
1. Can she do it? Is it possible, that her case would be rejected because she traveled outside the US?
My understanding is that everything should be OK, because we have dual intent visas, but I want to make sure, that I am not mistaken here.

2. Is it possible for us to somehow reach out to the officer and maybe ask him to review the case before she leaves?
 
HappyDV2021 said:
Hello, Mom and Susie.

I and my wife are in the US on L1 and L2 visas. We already had our interview and our cases are in review because our names were updated.

At the moment it looks like my wife will need to travel to our home country.
1. Can she do it? Is it possible, that her case would be rejected because she traveled outside the US?
My understanding is that everything should be OK, because we have dual intent visas, but I want to make sure, that I am not mistaken here.

2. Is it possible for us to somehow reach out to the officer and maybe ask him to review the case before she leaves?
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1. L1/L2 is a dual intent status which allows for traveling (without an approved AP card) outside the US without a pending AOS application being deemed as as abandoned.
2. If the IO provided you with an email address or direct phone number, yes you can contact him. Outside of that, there’s no way for you to reach the IO outside of calling the USCIS 1800 number.
 
Hello.
I have another question regarding DS260. Do I only submit the DS260 or do I submit the DS260 AND email the required documents to KCC? I have been following Britsimon also, so I just want to make sure. I will be filing AOS.
Thank you.
 
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