DV 2025 AOS (Adjustment of Status) Process Only

[algoodman]

Hi all! New here, I've seen a lot of people mention an AOS spreadsheet, but I've been unsuccessful in trying to find it actually linked anywhere ... where do y'all access this resource? Thanks!!

 

[Britsimon]

Hi all! New here, I've seen a lot of people mention an AOS spreadsheet, but I've been unsuccessful in trying to find it actually linked anywhere ... where do y'all access this resource? Thanks!!

Go to the first post in this thread and the links are there.

 

[SusieQQQ]

Hi mom,
My husband was selected AF202548*** ,so far what we've done is the medical form.Should we pay the diversity fee indorder to get the 2NL?

please read the aos spreadhseet linked in the first post of this thread to understand the process and what gets done when.

 

[azatinusa]

Hello. I suppose my CN will be current in April or May. My I-134 sponsor has all his tax returns for tax years 2023, 2022, 2021.

1. If my CN becomes current and I submit my AOS package before my sponsor files his TY 2024 tax return, should he only provide tax returns for 2023, 2022, and 2021, and nothing for 2024? Or he should also provide documentation for 2024 (e.g., his 2024 W-2 or monthly pay slips) to demonstrate income for that year?

2. My sponsor divorced in 2024. This means his 2023, 2022, and 2021 returns where completed as married filed jointly (so his AGI includes both him and his ex-wife). In 2024, he will file as single or head of household (so his AGI will include only him). How does USCIS view previous married joint tax returns when at the time of AOS adjudication the I-134 sponsor is divorced?
(The point I'm trying to make is what if all the income of the formerly married couple was made by the non-sponsoring spouse -- how will USCIS know if the sponsor is qualified or not at the time of adjudication?)

3. To preempt an RFE on topic in Q2, would it be a good idea for the sponsor to also provide W-2s for past 3 years proving the reported AGI was mostly his earnings and provide recent pay slips (say the last 6 months) to show the sponsor’s current income and employment status?

Thanks.

 

[Sm1smom]

Hello everyone, What happens after the ead is approved? Will my F-1 status be revoked? As my F-1 status will be expiring soon because I cannot file for stem opt.
Should I apply for H4 to have a fallback status? What will you suggest? Or should I consult with a lawyer?

1. You become eligible to work with the approved EAD.
2. Using an AOS based EAD to work automatically moves you from whatever status you currently have to what is referred to as adjustment pending.
3. Ideally, having such a COS application in place prior to filing for AOS is preferable as a means of securing a fallback status. Nonetheless, you may still go ahead and apply for it now while keeping your fingers crossed and hoping it gets approved.

 

[Sm1smom]

Hello. I suppose my CN will be current in April or May. My I-134 sponsor has all his tax returns for tax years 2023, 2022, 2021.

1. If my CN becomes current and I submit my AOS package before my sponsor files his TY 2024 tax return, should he only provide tax returns for 2023, 2022, and 2021, and nothing for 2024? Or he should also provide documentation for 2024 (e.g., his 2024 W-2 or monthly pay slips) to demonstrate income for that year?

2. My sponsor divorced in 2024. This means his 2023, 2022, and 2021 returns where completed as married filed jointly (so his AGI includes both him and his ex-wife). In 2024, he will file as single or head of household (so his AGI will include only him). How does USCIS view previous married joint tax returns when at the time of AOS adjudication the I-134 sponsor is divorced?
(The point I'm trying to make is what if all the income of the formerly married couple was made by the non-sponsoring spouse -- how will USCIS know if the sponsor is qualified or not at the time of adjudication?)

3. To preempt an RFE on topic in Q2, would it be a good idea for the sponsor to also provide W-2s for past 3 years proving the reported AGI was mostly his earnings and provide recent pay slips (say the last 6 months) to show the sponsor’s current income and employment status?

Thanks.

1. No harm in including 2024 documentation.
2 & 3. I’ll recommend you stop trying to over analyze the process, or stressing over how USCIS will know, or what if scenarios. Provide the recommended financial support documentation. While past/previous financial strength helps USCIS see a sponsor’s historical trend, more emphasis is placed on current income.

 

[Kate17]

Hello! Tell me please, if I can support myself financially, Can I become my own sponsor on I-134?
I have job, some funds also and can provide tax returns for the last 2 years while I'm living in the US and othe financial documentation as we

 

[Sm1smom]

Hello! Tell me please, if I can support myself financially, Can I become my own sponsor on I-134?
I have job, some funds also and can provide tax returns for the last 2 years while I'm living in the US and othe financial documentation as we

You do not fill out an I-134 to demonstrate you’re able to support yourself. You do not need an I-134 if you’re able to demonstrate self-sufficiency with other financial documents.

 

[mzo]

Congratulations on receiving your IL. You'll take the requested documentation along with you to your scheduled interview appointment as stated on your above attachment .

Dear MOM and all,

Our interview finish smoothly. Once we gave the updated our bank statement and all sponsor documents, officer said even not require sponsor due to our sufficient amount. However, my husband (main applicant) background check is pending and 2 derivative are completed as she said, our application is fine and ok to proceed approval. Officer ask us to wait and she will check weekly and update as soon as once background check is clear. She also said we are the 1st applicant that she proceed for DV AOS.

Please kindly advise,
1) if we should enquiry congressional expertise for background check and
2) when should be the right time for follow up?

Thanks for all the advise that all went smoothly according to your advices.

 

[Sm1smom]

Dear MOM and all,

Our interview finish smoothly. Once we gave the updated our bank statement and all sponsor documents, officer said even not require sponsor due to our sufficient amount. However, my husband (main applicant) background check is pending and 2 derivative are completed as she said, our application is fine and ok to proceed approval. Officer ask us to wait and she will check weekly and update as soon as once background check is clear. She also said we are the 1st applicant that she proceed for DV AOS.

Please kindly advise,
1) if we should enquiry congressional expertise for background check and
2) when should be the right time for follow up?

Thanks for all the advise that all went smoothly according to your advices.

Congratulations on getting the interview completed and thanks for the update.

As for the next step, you just have to wait for now. Congressional inquiry does not expedite background checks, so just be patient for now.

 

[TheShogunate]

Hello! I just had a quick question.

I've thoroughly gone through the different comments on multiple DV AOS topics, and one thing is a bit unclear to me still.

If someone is an international student, and has a valid SEVIS/F-1 status - in case they apply for AOS and get rejected, is there a way for the DSO/the SEVIS system to know this automatically?

I saw comments saying that nothing changes regarding SEVIS/F-1 status in case AOS gets denied and that there's no way for the DSO to know, but I also stumbled upon a few comments saying that there is an automatic notification, or that the SEVIS can get automatically invalidated in case of an AOS application denial due to the interconnection between the systems.

Thank you!

 

[Sm1smom]

Hello! I just had a quick question.

I've thoroughly gone through the different comments on multiple DV AOS topics, and one thing is a bit unclear to me still.

If someone is an international student, and has a valid SEVIS/F-1 status - in case they apply for AOS and get rejected, is there a way for the DSO/the SEVIS system to know this automatically?

I saw comments saying that nothing changes regarding SEVIS/F-1 status in case AOS gets denied and that there's no way for the DSO to know, but I also stumbled upon a few comments saying that there is an automatic notification, or that the SEVIS can get automatically invalidated in case of an AOS application denial due to the interconnection between the systems.

Thank you!

I’ve never come across a single case of F1 status being automatically terminated or invalidated in SEVIS due to system interconnection following AOS denial.

 

[TheShogunate]

I’ve never come across a single case of F1 status being automatically terminated or invalidated in SEVIS due to system interconnection following AOS denial.

I understand, I was confused because of this (this was taken from the DV AOS 2020 topic):

"Thank you for your response,
I found answer to my question and think it would be helpful to share it with others.
USCIS, DHS and all other organizations are linked to each other via Computer Linked Application Information Management System (CLAIMS) and therefore USCIS will notify SEVIS of the I-485 denial and it is one of the reasons of status termination.
This excerpt is from the Department of Homeland Security:

Students Changing from F or M Status to another: The SEVIS record is in Active status and all of the following statements are true:

The student applied for change out of F or M status.
USCIS denied the application to change status.
Note: SEVIS will note this reason when it auto-terminates a record because the USCIS denial was received through CLAIMS."

Perhaps I misunderstood the OP?

Ps. The OP I quoted took the information from the studyinthestates.dhs.gov website, I just found it myself as well.

 

[Sm1smom]

I understand, I was confused because of this (this was taken from the DV AOS 2020 topic):

"Thank you for your response,
I found answer to my question and think it would be helpful to share it with others.
USCIS, DHS and all other organizations are linked to each other via Computer Linked Application Information Management System (CLAIMS) and therefore USCIS will notify SEVIS of the I-485 denial and it is one of the reasons of status termination.
This excerpt is from the Department of Homeland Security:

Students Changing from F or M Status to another: The SEVIS record is in Active status and all of the following statements are true:

The student applied for change out of F or M status.
USCIS denied the application to change status.
Note: SEVIS will note this reason when it auto-terminates a record because the USCIS denial was received through CLAIMS."

Perhaps I misunderstood the OP?

Ps. The OP I quoted took the information from the studyinthestates.dhs.gov website, I just found it myself as well.

Thanks for this update. I was half asleep (1am my time) when I posted my initial response, which means I did not take the needed time to fully assimilate and understand your question prior to posting the response. I appreciate your follow-up on this issue.

Indeed status in SEVIS eventually gets updated/terminated (automated process) following AOS denial.

 

[TheShogunate]

Thanks for this update. I was half asleep (1am my time) when I posted my initial response, which means I did not take the needed time to fully assimilate and understand your question prior to posting the response. I appreciate your follow-up on this issue.

Indeed status in SEVIS eventually gets updated/terminated (automated process) following AOS denial.

Thank you again! I have to say, it is a bit ridiculous in my opinion that F1 students cannot fall back on their student status in case of AOS denial; I understand why it is so from a legal standpoint, in connection to the expectation of students to maintain nonimmigrant intent, but it seems a tiny bit unfair that it is such a huge risk. In essence, if a student wins the DV lottery (which has very low chances of happening), by applying for AOS they put themselves in an all-or-nothing situation: you either get a green card, or you lose your chance to keep studying in the US. It's a pretty brutal decision to have to make.

 

[blessu_2]

Thank you again! I have to say, it is a bit ridiculous in my opinion that F1 students cannot fall back on their student status in case of AOS denial; I understand why it is so from a legal standpoint, in connection to the expectation of students to maintain nonimmigrant intent, but it seems a tiny bit unfair that it is such a huge risk. In essence, if a student wins the DV lottery (which has very low chances of happening), by applying for AOS they put themselves in an all-or-nothing situation: you either get a green card, or you lose your chance to keep studying in the US. It's a pretty brutal decision to have to make.

I don’t mean to interfere by asking but why are you skeptical about denial? I would say if you don’t have strong reasons to get denied, just think of it as a golden path to green card and do your best to prepare your application and documents. DV should be one of the most straightforward pathways to green card. Good luck!

 

[TheShogunate]

I don’t mean to interfere by asking but why are you skeptical about denial? I would say if you don’t have strong reasons to get denied, just think of it as a golden path to green card and do your best to prepare your application and documents. DV should be one of the most straightforward pathways to green card. Good luck!

Oh I am not in the process of applying for AOS, I just applied in November for the upcoming DV lottery, don't even know the results yet. I was just doing a lot of research and weighing my options in case I have a huge amount of luck and win. I just started a doctoral program in the US, and considering how many things can go wrong with the application process, even in the case of all documentation being well prepared (things like not managing to finish the process before the fiscal year is over, or the 55k visas already get given out, or a potential increase in strictness for RFE due to the effect on USCIS by the new administration), I am not sure it is worth the risk.

 

[Stoic Turk]

Since the last couple of posts are about AOS denial while in F-1 status and having another status to fall back to, I have a question:

So I'm on STEM OPT and my employer is registering me for the H-1B lottery this year. MY DV2025 CN is right below EU26500 so it's high which means I will file Sometime around May - July by that time I'll also know if I'm selected in H-1B. I'm concerned pending COS (H-1B) and pending AOS (DV) filings may cause complications. I don't think DV CP would be a good decision in my case and I have been preparing for AOS anyway. What is the best strategy in terms of having these two processes continue in your opinion? Should I pay for I-129 premium processing and have it go through COS and file AOS only after COS is adjudicated? Or should I have my employer file it through consular processing? In short, does pending COS filings complicate AOS adjudication or vice versa? Thank you!

 

[Sm1smom]

Thanks for this update. I was half asleep (1am my time) when I posted my initial response, which means I did not take the needed time to fully assimilate and understand your question prior to posting the response. I take responsibility for the false response, and appreciate your follow-up on this issue.

Indeed status in SEVIS eventually gets updated/terminated (automated process) following AOS denial.

CAVEAT to the above response:

SEVIS gets updated following AOS denial if the F1 status got violated while the AOS application was pending - as in if the student used an AOS based EAD or AP during the AOS pending period, or the applicant's current status expired while the AOS application was pending. Here's a link to an actual notice received by a 2024 F1 status holder whose AOS application got denied. They received a notice that clearly indicates their status was not being automatically terminated due to AOS denial.

 

[SusieQQQ]

CAVEAT to the above response:

SEVIS gets updated following AOS denial if the F1 status got violated while the AOS application was pending - as in if the student used an AOS based EAD or AP during the AOS pending period, or the applicant's current status expired while the AOS application was pending. Here's a link to an actual notice received by a 2024 F1 status holder whose AOS application got denied. They received a notice that clearly indicates their status was not being automatically terminated due to AOS denial.

So as long as the student has maintained status, they are ok?