Sm1smom

Your lawyer gave you bad advice IMO. You should go ahead and apply for OPT to ensure your F1 status remains intact. 

Updating the topic instead of making a new post.
 
They allowed my spouse to still attend the interview and gave her extra time to get the correct police check. It said it could take at least 15 business days to get the fingerprint check, but it only took 5. Anyways she got approved!! 
 
Interview was simple. They asked her a few questions about if she ever been to the US(she has on a J-1 visa 11 years ago), if she was married to a US citizen(they didn't ask about any petitions), and when she plans to go to the US after receiving the visa. They asked nothing about financials.
 
Thank you to everyone.
 
 

She can take them along if she likes, they however are irrelevant to her DV case. She needs to closely review the documents required for the DV process and ensure she’s well prepared to demonstrate she meets the requirements. 

She can take them along if she likes, they however are irrelevant to her DV case. She needs to closely review the documents required for the DV process and ensure she’s well prepared to demonstrate she meets the requirements. 

She can take them along if she likes, they however are irrelevant to her DV case. She needs to closely review the documents required for the DV process and ensure she’s well prepared to demonstrate she meets the requirements. 

Whether it makes sense or not to pursue the DV selection depends on a couple of factors such as where you guys currently are with the CR1, your spouse’s DV case number (otherwise known as CN), the performance of the embassy with jurisdiction over your spouse’s place of residence as related to DV cases. 

No, corrections like this ARE NOT common for DV cases! Failure to list eligible children on the entry form (regardless of if subsequently addressed on the DS260 or not), typically leads to disqualification and subsequent denial at the time of the interview.. The instructions are quite clear on this, all eligible children, including stepchildren, are required to be listed on the entry form regardless of if they reside with you and your spouse or not; or if they will be immigrating with you or not. The only exceptions to this are if the children or stepchildren  are already 21 or above; or if they’re already a LPR or USC.

OP - It isn’t unusual for someone who entered on an immigrant visa to receive a biometric notice after their arrival. This happens when there’s an issue with their previously captured prints or picture (from the embassy), which makes them unusable for the GC production. Their GC cannot be produced without their biometrics being recaptured. This is what is going on with your wife’s capture, there’s nothing to be alarmed about IMO. 

When a translated copy is submitted, you’re required to send a copy of the original version also. Based on your response, it seems like you did not include a copy of the original version with your initial submission. So you need to send in a legible clear copy of the original b/c (personally, I would include another copy of the translation).
 
Note, if you send in the “original” copy itself, USCIS will not return it to you. What they need is a copy of the original version. 

OP got interviewed in November because OP is a 2025 DV selectee. DV 2025 interviews already started in October, which is unrelated to DV2024 which ended in September 2024. 

OP got interviewed in November because OP is a 2025 DV selectee. DV 2025 interviews already started in October, which is unrelated to DV2024 which ended in September 2024. 

DV2025 cases will not show up in CEAC before January 2025. 

OP - It isn’t unusual for someone who entered on an immigrant visa to receive a biometric notice after their arrival. This happens when there’s an issue with their previously captured prints or picture (from the embassy), which makes them unusable for the GC production. Their GC cannot be produced without their biometrics being recaptured. This is what is going on with your wife’s capture, there’s nothing to be alarmed about IMO. 

OP - It isn’t unusual for someone who entered on an immigrant visa to receive a biometric notice after their arrival. This happens when there’s an issue with their previously captured prints or picture (from the embassy), which makes them unusable for the GC production. Their GC cannot be produced without their biometrics being recaptured. This is what is going on with your wife’s capture, there’s nothing to be alarmed about IMO. 

There is no fee to enter the lottery.  Whoever is telling you that, or whichever site is telling you that, ignore it.
 
Apply here FOR FREE: Electronic Diversity Visa Program (state.gov)

Apples and oranges. My post wasn’t about if the OP would still have a valid petition or not. It was about addressing the misinformation about needing an EAD to work for a foreign employer while outside the US. 

OP never said anything about working remotely inside the US for a foreign employer though. Leaving the US to go work in Colombia is not working remotely for a foreign employer. So why would the OP need an EAD to work in Colombia if they depart from the US (with an approved AP) while their AOS is pending?

Considering Part 8 Q.16 of the I-485 specifically asks applicants “Have you EVER Worked in the United States Without Authorization” and Q.17 asks “Have you EVER Violated the terms or conditions of your nonimmigrant status?” - is your friend planning on answering “NO” to those questions considering he/she will be swearing and certifying under penalty of perjury to the accuracy and correctness of the information contained on the form? Note, those questions are not asking about violations from most recent admission into the US.

Considering Part 8 Q.16 of the I-485 specifically asks applicants “Have you EVER Worked in the United States Without Authorization” and Q.17 asks “Have you EVER Violated the terms or conditions of your nonimmigrant status?” - is your friend planning on answering “NO” to those questions considering he/she will be swearing and certifying under penalty of perjury to the accuracy and correctness of the information contained on the form? Note, those questions are not asking about violations from most recent admission into the US.

Considering Part 8 Q.16 of the I-485 specifically asks applicants “Have you EVER Worked in the United States Without Authorization” and Q.17 asks “Have you EVER Violated the terms or conditions of your nonimmigrant status?” - is your friend planning on answering “NO” to those questions considering he/she will be swearing and certifying under penalty of perjury to the accuracy and correctness of the information contained on the form? Note, those questions are not asking about violations from most recent admission into the US.

Considering Part 8 Q.16 of the I-485 specifically asks applicants “Have you EVER Worked in the United States Without Authorization” and Q.17 asks “Have you EVER Violated the terms or conditions of your nonimmigrant status?” - is your friend planning on answering “NO” to those questions considering he/she will be swearing and certifying under penalty of perjury to the accuracy and correctness of the information contained on the form? Note, those questions are not asking about violations from most recent admission into the US.

FWIW, I have multiple degrees (including two Masters) and I still had to drop a few levels coming into the US looking for work. 
 
It didn't worry me because I just needed my foot in the door and I knew, once I was hired, I could prove my worth.  Sure enough, it worked and within months I got my first promotion and within a couple of years, I was back at the level I was in my homeland.  Now?  I earn close to double what I used to earn in Australia and I will retire close to 10 years earlier than anticipated.  #LandOfOpportunity

Wait. Your apply applied for your re-entry permit while you were outside the US? Or you were in the US, but used the services of a lawyer to submit the application? If the application was submitted on your behalf while you were outside the US, I wouldn’t bank on it being approved. Unless there’s a recent change for the requirements to be in the US while filing for a reentry permit which I’m not aware of. 

INA 214(b) denial means you:
Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.)  So modifying or changing the purpose of your visit, or applying with your parents will not overcome the denial. The CO does not need to request or review any additional documents in order to arrive at the conclusion(s) leading to the denial. The information on your DS160 form and the answers to the questions you were asked at the interview were enough for them to arrive at a presumed immigrant intent. 

INA 214(b) denial means you:
Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.)  So modifying or changing the purpose of your visit, or applying with your parents will not overcome the denial. The CO does not need to request or review any additional documents in order to arrive at the conclusion(s) leading to the denial. The information on your DS160 form and the answers to the questions you were asked at the interview were enough for them to arrive at a presumed immigrant intent.