DV 2021 AOS Only

[k924]

Hi mom,

as I mentioned in earlier posts I have a sponsor who is doing the i134. As I am assembling my documents, I am including both my OPT EAD card and my stem-opt EAD card in the package for proof of maintaining status. My question is when I worked with those cards (stopped working mid 2019), I made a relatively “good” income. Do you think submitting my tax returns from those years would help my case as it demonstartes I have a potential of earning a good living. Of note I am a graduate student now so no income for year 2020

I appreciate your insight.

 

[Blistowell]

After the i94 has expired and before the i539 is approved, they are not in status. When did you (they) file the 539, and which service center were you assigned?

Thanks for the reply @SusieQQQ

539 was filed in early March and Texas has been assigned.

 

[SusieQQQ]

Thanks for the reply @SusieQQQ

539 was filed in early March and Texas has been assigned.

Ok. So while these things are not always exactly determinate, you may need to think of a plan B. TSC is currently showing processing times of 10-12.5 months for i539s for L visa dependents. If this holds it means the case will not be adjudicated/approved before fiscal year end and therefore in my understanding they will not be able to adjust status. Not sure if sm1smom has a contrary view or something else to add. // also see next post

 

[SusieQQQ]

Ok. So while these things are not always exactly determinate, you may need to think of a plan B. TSC is currently showing processing times of 10-12.5 months for i539s for L visa dependents. If this holds it means the case will not be adjudicated/approved before fiscal year end and therefore in my understanding they will not be able to adjust status. Not sure if sm1smom has a contrary view or something else to add.

Note that you can technically file for adjustment while they are awaiting a i539 decision- but the adjustment decision cannot be made until the i539 decision is known. If this is not adjudicated before fiscal year end the DV aos application will lapse. Of course by that stage it will be too late to change to CP. So I think you need to give this some careful thought.

from the manual: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

An alien may file an adjustment application after expiration of his or her nonimmigrant status while the alien’s timely-filed EOS or COS application is pending. [18] In such cases, the officer should defer adjudication of the adjustment application until USCIS adjudicates the EOS or COS application so long as there are no other grounds for denial.

If USCIS ultimately approves the EOS or COS application, then the alien is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the alien is generally considered to be in unlawful immigration status as of the expiration of the alien’s current nonimmigrant status and likewise on the date the adjustment application is filed. In this instance, the INA 245(c)(2) bar would apply, unless an exemption is available.

 

[Kong58]

Hi, I have a quick question. I am not sure if this question was being asked before. I am not planning to take the risk of early filling but I also want to send my package as soon as possible. My CN becomes current in May. At what point of time will they consider early filling? Is it the day I send the package or is it the day they receive my package?

 

[ritallight]

Hi @SusieQQQ
In our case I 94 expires July 30 will be ok? Current in June

 

[SusieQQQ]

Hi @SusieQQQ
In our case I 94 expires July 30 will be ok? Current in June

I cannot really comment if your case as a whole will be ”ok” as I don’t understand the details of it, but I am sure you have seen enough posts here to know that if your properly filed AOS package is received before your i94 is expired you will be in authorized stay while the AOS application is pending.

 

[ritallight]

@SusieQQQ Thank you very much!

 

[Sm1smom]

Hi Mom,
1. My childs passport is when he was 15 years old now he is 20. Must make the same baby signature or may draw his new signature of 20 years old ? would be a problem if they compare? May he sign a 2nd time in the passport at the side of the baby signature? he has another IDs with his new signature.
2. Where should I put the CN in the I 485? should be in the Receipt number or the A number?
3. What should I put in the Priority date ?
Sorry I feel like a fool
Thank you

1. Your son should sign his AOS forms with his adult signature, he’s an adult now. Don’t mutilate the passport by re-signing it.
2. No where. The CN is not expected to be on the I-485.
3. You have no priority date, it is not applicable that DV base AOS applications

 

[Sm1smom]

Hi Mom @Sm1smom ,
I filed my 2020 taxes on march 2nd by mail and didn't get my return till today, will it affect me in the interview?
Thanks in advance,

You can plan on taking the IRS tax transcripts to your interview or have you already filed and are you’re now scheduled for your interview?

 

[Sm1smom]

Hi,

When I knew about my selection as a DV2021 winner in June 2020, I immediately got all documents together and sent my them for AOS. I was hoping to adjust status for me, my wife and our kid. I’m on an L1 visa and hence my wife and kid on L2. Unfortunately, I filed too early, even before my CN became current (that was before I found this forum and mom’s spreadsheet, thanks for it!) and so my package was returned back to me. My CN goes current in June as does almost everyone but my wife and kid’s i94 have expired. An i539 was filed for them and is pending adjudication.

My question is:

(1) are my wife and kid considered out of status and hence cannot adjust status?

Susie has provided a very thorough response, nothing more to add from this end.

 

[Sm1smom]

Hi mom,

as I mentioned in earlier posts I have a sponsor who is doing the i134. As I am assembling my documents, I am including both my OPT EAD card and my stem-opt EAD card in the package for proof of maintaining status. My question is when I worked with those cards (stopped working mid 2019), I made a relatively “good” income. Do you think submitting my tax returns from those years would help my case as it demonstartes I have a potential of earning a good living. Of note I am a graduate student now so no income for year 2020

I appreciate your insight.

Potential to earn a good income is always taken into consideration, it however does not guarantee an affidavit of support may not be required in cases where the applicant has no current income or the demonstrated income is below the applicable poverty guideline level.

 

[Sm1smom]

Hi, I have a quick question. I am not sure if this question was being asked before. I am not planning to take the risk of early filling but I also want to send my package as soon as possible. My CN becomes current in May. At what point of time will they consider early filling? Is it the day I send the package or is it the day they receive my package?

If your package arrives at the Chicago Lockbox before May 1st, it is considered early filing.

 

[aledarba]

Good morning,

I asked KCC to unlock my DS260 (to change my address from NY to TX as I just moved) and notified them to switch from CP to AoS last week and I got the following answer:



1- Is it the 2NL that I will receive?
2- They have not unlocked my DS260 so I cannot update my current address. Should I keep asking them to unlock it or just leave it as it is and update the address later?

Thank you for all your help!

 

[Sm1smom]

Good morning,

I asked KCC to unlock my DS260 (to change my address from NY to TX as I just moved) and notified them to switch from CP to AoS last week and I got the following answer:

View attachment 2481

1- Is it the 2NL that I will receive?
2- They have not unlocked my DS260 so I cannot update my current address. Should I keep asking them to unlock it or just leave it as it is and update the address later?

Thank you for all your help!

1. That is your 2NL
2. Ignore the address on the DS260, it is irrelevant to the AOS process at this point.

 

[ritallight]

1. Your son should sign his AOS forms with his adult signature, he’s an adult now. Don’t mutilate the passport by re-signing it.
2. No where. The CN is not expected to be on the I-485.
3. You have no priority date, it is not applicable that DV base AOS applications

Thank you very much Mom !

 

[gg96]

We had our interview on Thursday and it went well. Officer said he will recommend approval and we probably get either our cards or RFE in 2 weeks. I was so happy and I did not want to jinks it but there is no update in our online accounts. I looked at previous timelines and some people get the CPO update in the same day and for some people, it was updated in a week. My question is does everyone get to see this update or can they directly send the card without any notice? And what did my officer mean by he will recommend approval? Who gives the final decision about the cases?

 

[Sm1smom]

We had our interview on Thursday and it went well. Officer said he will recommend approval and we probably get either our cards or RFE in 2 weeks. I was so happy and I did not want to jinks it but there is no update in our online accounts. I looked at previous timelines and some people get the CPO update in the same day and for some people, it was updated in a week. My question is does everyone get to see this update or can they directly send the card without any notice? And what did my officer mean by he will recommend approval? Who gives the final decision about the cases?

See related question and answer from the FAQ tab of the AOS process spreadsheet

QUESTION:
I expected to be approved at the end of my interview, but my IO did not approve the case, why? / How come someone else got approved at the end of their interview and I did not?

ANSWER:
Your IO is not obligated/required to issue an approval immediately following your interview. There may be several reasons as to why the IO is yet to approve your case:
1. Your background check clearance is still pending (even if you did your bio several weeks/months before the interview, you may still be subjected to a prolonged background check clearance)
2. Your IO did not request your KCC file ahead of the interview - your application cannot be approved without this KCC file
3. Your IO may be a junior IO, or one who has no experience with DV based AOS cases - the IO will therefore need a supervisory review/approval for your case
4. The IO is unable to retrieve a visa number or is not familiar with how to log into IVAMSWEB to retrieve the visa number

 

[gg96]

See related question and answer from the FAQ tab of the AOS process spreadsheet

QUESTION:
I expected to be approved at the end of my interview, but my IO did not approve the case, why? / How come someone else got approved at the end of their interview and I did not?

ANSWER:
Your IO is not obligated/required to issue an approval immediately following your interview. There may be several reasons as to why the IO is yet to approve your case:
1. Your background check clearance is still pending (even if you did your bio several weeks/months before the interview, you may still be subjected to a prolonged background check clearance)
2. Your IO did not request your KCC file ahead of the interview - your application cannot be approved without this KCC file
3. Your IO may be a junior IO, or one who has no experience with DV based AOS cases - the IO will therefore need a supervisory review/approval for your case
4. The IO is unable to retrieve a visa number or is not familiar with how to log into IVAMSWEB to retrieve the visa number

I asked him about KCC he said he has it. He didn’t mention anything about background check so maybe the third option applies for us. Can you say how long would it take approximately?

 

[Sm1smom]

I asked him about KCC he said he has it. He didn’t mention anything about background check so maybe the third option applies for us. Can you say how long would it take approximately?

The onus was on you to ask if the background check had cleared, he’s not required to volunteer that information. There’s no approximation for how long the review/approval process may take, it will take as long as it needs to considering several factors may be at play. You’ll basically have to remain patient.