DV 2026 AOS (Adjustment of Status) Process Only

[Sm1smom]

Hi Mom,

I am currently in the United States on an F-1 visa, pursuing a PhD program, and I have four dependents accompanying me. I am employed full-time with an hourly wage exceeding $40, and I have over $20k invested in my 401(k). I want to inquire whether these financial resources are sufficient to self-sponsor both myself and my dependents.

The fact of the matter is you’re on a student visa and not an employment visa though, so I have no idea if the IO will deem your financial situation as self sufficient. My recommendation to folks on non work visa/status is to look into getting an I-134 in support of their AOS application. I would be pleasantly surprised if the current administration does not update the self sufficiency requirements criteria in the upcoming FY like they did back in 2020.

 

[SA22XX]

Hello! I want to know if being in the New York essential Plan ( is free) health medical care counts as public charge?. Thanks for your support!

 

[SusieQQQ]

.

Hi Mom,

I am currently in the United States on an F-1 visa, pursuing a PhD program, and I have four dependents accompanying me. I am employed full-time with an hourly wage exceeding $40, and I have over $20k invested in my 401(k). I want to inquire whether these financial resources are sufficient to self-sponsor both myself and my dependents.

a little curious about working full time on an F1 and still pursuing phd - are you on CPT/OPT? You cannot afaik work full time for the entire period of a PhD when F1 requires you to be a full time student? If it is CPT it will run out and so will your employment income. So even if you meet the poverty guideline for a family of 5 now ($47,062 per annum ) what happens after? $20k in a 401 account is not readily accessible savings like a cash savings account and if you liquidate it early there is an IRS penalty as well as taxes. Agree with mom that an I134 will be preferable. If you are close to PhD completion and have a job offer locked in that would probably be ok but I am assuming if that was the case you would have mentioned it.

 

[SusieQQQ]

Hello! I want to know if being in the New York essential Plan ( is free) health medical care counts as public charge?. Thanks for your support!

It’s not a public charge, however, as the eligibility requirements are for low income households it does raise the question of whether you would meet the public charge requirements overall in terms of income. What status are you on? (Seeing as the plan is open to “U.S. citizens, permanent residents, and eligible immigrants, including DACA recipients”)
Do you have someone to provide an I134?

 

[SA22XX]

It’s not a public charge, however, as the eligibility requirements are for low income households it does raise the question of whether you would meet the public charge requirements overall in terms of income. What status are you on? (Seeing as the plan is open to “U.S. citizens, permanent residents, and eligible immigrants, including DACA recipients”)
Do you have someone to provide an I134?

I’m in an f1 ( i have another health care provider through my school) but my husband who is in f2 ( he is the my derivate I am the principal applicant) has this plan. We have someone to provide I134 but I was wondering if he should change his plan anyway.

 

[Sm1smom]

Hello! I want to know if being in the New York essential Plan ( is free) health medical care counts as public charge?. Thanks for your support!

While the New York Essential Plan is not currently considered a public charge for immigration purpose, this will count as public charge under this current administration’s I-944 Self Sufficiency form in use back in 2020, which (again!) I would be pleasantly surprised if it (or a worse version of it) does not get re-introduced any time soon. So it all depends on how public charge is defined as at when you file I guess.

 

[SA22XX]

While the New York Essential Plan is not currently considered a public charge for immigration purpose, this will count as public charge under this current administration’s I-944 Self Sufficiency form in use back in 2020, which (again!) I would be pleasantly surprised if it (or a worse version of it) does not get re-introduced any time soon. So it all depends on how public charge is defined as at when you file I guess.

Thank you for you insight. So if my spouse changes his plan to another one, the fact that he had in the past would affect? Or if we change it now before they re introduce the I-944 we would be safe? Thanks a lot!

 

[Sm1smom]

Thank you for you insight. So if my spouse changes his plan to another one, the fact that he had in the past would affect? Or if we change it now before they re introduce the I-944 we would be safe? Thanks a lot!

If a similar I-944 self sufficiency form gets rolled out, your spouse would still be required to declare having utilized the plan in the past.

I will be posting more about the current administration’s previous definition of public charge declaration in a short while (when I have a bit more time), so you can be on the lookout for that.

 

[SA22XX]

If a similar I-944 self sufficiency form gets rolled out, your spouse would still be required to declare having utilized the plan in the past.

I will be posting more about the current administration’s previous definition of public charge declaration in a short while (when I have a bit more time), so you can be on the lookout for that.

Thank you! And will we be inadmissible on the grounds of public charge in that case? Or having a i-134 will help us? Thank you for all the information!

 

[SA22XX]

Thank you! And will we be inadmissible on the grounds of public charge in that case? Or having a i-134 will help us? Thank you for all the information!

Also in that case would be the same if we do CP?

 

[Sm1smom]

Thank you! And will we be inadmissible on the grounds of public charge in that case? Or having a i-134 will help us? Thank you for all the information!

Also in that case would be the same if we do CP?

“I will be posting more about the current administration’s previous definition of public charge declaration in a short while (when I have a bit more time), so you can be on the lookout for that.”

 

[Sm1smom]

CAVEAT: While I am strongly against speculative posting and highly discourage such in this forum, I have come to the decision that it is imperative for me to share this information which I and a few other longtime forum members such as Susie, Simon, and @Xarthisius are aware of. Please note, this post is not intended to cause a pandemonium or panic in the forum, it is basically to create an awareness of what could possibly happen going by the current administration’s anti immigration stance and what was done in the past.

In 2020, the administration rolled out the Declaration of Self Sufficiency Form (Form I-944) which all AOS applicants were required to include with their AOS package. This Form I-944 redefined how IOs were to assess if an AOS application should be approved or not on the basis of an applicant being deemed a public charge. Public charge grounds of inadmissibility was widely broadened. IOs were required to utilize the Totality of Circumstances worksheet in making public charge assessments. Applicants were required to disclose much more detailed personal information. Some of the factors taken into consideration in making the public charge assessments included applicant’s age, family size, assets and resources, tax filing obligations, credit score, health insurance, education, and skills. Applicants were also required to submit a substantial amount of supporting documentation for several sections of the form.

Filling out the form was quite challenging for a lot of applicants back then as there was no clear guidance from USCIS (not a surprise) since the form was haphazardly rolled out. A couple of organizations came together and provided instructions on how to fill the I-944 form, one of those being this guide provided by the Immigrant Legal Resource Center (ILRC). This organization also provided this Guide For Collecting Evidence in support of the I-944.

Again, the purpose of this post is to help you prepare for the potential of a repeat of what we saw back in 2020. I have shared four crucial documents with you all. Before anyone starts bombarding me with follow-up questions, spend some quality time reviewing them. Take a look at the form, practice filing it out by using the provided guidelines, use the guide for collecting evidence to start generating or collecting your supporting documentation (just in case). As a final step, use the totality of circumstance worksheet to undertake a self assessment of your situation.

Declaration of Self Sufficiency Form (Form I-944)
Totality of Circumstances worksheet
Guide for filling out form I-944
Guide For Collecting Evidence

Please note, if you’ve done a self assessment and your negative points seem to way more heavily than your positive points, don’t automatically take this to mean the AOS route is not for you.

NO CHANGE TO PUBLIC CHARGE GROUND OF INADMISSIBILITY HAS BEEN IMPLEMENTED AS AT THE TIME OF THIS POST!

 

[SA22XX]

CAVEAT: While I am strongly against speculative posting and highly discourage such in this forum, I have come to the decision that it is imperative for me to share this information which I and a few other longtime forum members such as Susie, Simon, and @Xarthisius are aware of. Please note, this post is not intended to cause a pandemonium or panic in the forum, it is basically to create an awareness of what could possibly happen going by the current administration’s anti immigration stance and what was done in the past.

In 2020, the administration rolled out the Declaration of Self Sufficiency Form (Form I-944) which all AOS applicants were required to include with their AOS package. This Form I-944 redefined how IOs were to assess if an AOS application should be approved or not on the basis of an applicant being deemed a public charge. Public charge grounds of inadmissibility was widely broadened. IOs were required to utilize the Totality of Circumstances worksheet in making public charge assessments. Applicants were required to disclose much more detailed personal information. Some of the factors taken into consideration in making the public charge assessments included applicant’s age, family size, assets and resources, tax filing obligations, credit score, health insurance, education, and skills. Applicants were also required to submit a substantial amount of supporting documentation for several sections of the form.

Filling out the form was quite challenging for a lot of applicants back then as there was no clear guidance from USCIS (not a surprise) since the form was haphazardly rolled out. A couple of organizations came together and provided instructions on how to fill the I-944 form, one of those being this guide provided by the Immigrant Legal Resource Center (ILRC). This organization also provided this Guide For Collecting Evidence in support of the I-944.

Again, the purpose of this post is to help you prepare for the potential of a repeat of what we saw back in 2020. I have shared four crucial documents with you all. Before anyone starts bombarding me with follow-up questions, spend some quality time reviewing them. Take a look at the form, practice filing it out by using the provided guidelines, use the guide for collecting evidence to start generating or collecting your supporting documentation (just in case). As a final step, use the totality of circumstance worksheet to undertake a self assessment of your situation.

Declaration of Self Sufficiency Form (Form I-944)
Totality of Circumstances worksheet
Guide for filling out form I-944
Guide For Collecting Evidence

Please note, if you’ve done a self assessment and your negative points seem to way more heavily than your positive points, don’t automatically take this to mean the AOS route is not for you.

NO CHANGE TO PUBLIC CHARGE GROUND OF INADMISSIBILITY HAS BEEN IMPLEMENTED AS AT THE TIME OF THIS POST!

Thank you for all the information!

 

[samlaryea]

The fact of the matter is you’re on a student visa and not an employment visa though, so I have no idea if the IO will deem your financial situation as self sufficient. My recommendation to folks on non work visa/status is to look into getting an I-134 in support of their AOS application. I would be pleasantly surprised if the current administration does not update the self sufficiency requirements criteria in the upcoming FY like they did back in 2020.

Well noted. Thank you.

 

[samlaryea]

.

a little curious about working full time on an F1 and still pursuing phd - are you on CPT/OPT? You cannot afaik work full time for the entire period of a PhD when F1 requires you to be a full time student? If it is CPT it will run out and so will your employment income. So even if you meet the poverty guideline for a family of 5 now ($47,062 per annum ) what happens after? $20k in a 401 account is not readily accessible savings like a cash savings account and if you liquidate it early there is an IRS penalty as well as taxes. Agree with mom that an I134 will be preferable. If you are close to PhD completion and have a job offer locked in that would probably be ok but I am assuming if that was the case you would have mentioned it.

That’s correct—I’m on CPT, and my employment will end next year. I’ll definitely take Mom’s advice and add Form I-134. Thank you.

 

[SA22XX]

Hello, I've been reading the info you shared. I haven't submitted my DS-260 as I was planning to do AOS.
Now, I'm not completely sure. The problem is that initially, when I started filling out my DS-260, I selected USCIS, but then I emailed KCC to change it to CP. They changed it satisfactorily.
My concern is that if I email them again, saying I want to change to USCIS, and then I decide to do CP, I would have to change again. I am concerned that the frequent changes of mind and the involvement of KCC would negatively impact my case.
My idea of having USCIS instead of CP in the DS260 is that if I understand correctly, once CN is current ( which I can't predict for sure due to the surprising visa bulletin) next month or so, and my case is in the embassy, I cannot easily change to AOS. But if I have AOS as my option in DS260, I can easily change to CP, not sending the package and letting KCC know about the change.

1) Am I correct in my logic?

2) Will bothering KCC so much impact my case?

3) If they implement the new form, this will probably be in October?

Thank you so much for all your insight and support and sorry for the long message, I hope is not too confusing.

 

[Sm1smom]

Hello, I've been reading the info you shared. I haven't submitted my DS-260 as I was planning to do AOS.
Now, I'm not completely sure. The problem is that initially, when I started filling out my DS-260, I selected USCIS, but then I emailed KCC to change it to CP. They changed it satisfactorily.
My concern is that if I email them again, saying I want to change to USCIS, and then I decide to do CP, I would have to change again. I am concerned that the frequent changes of mind and the involvement of KCC would negatively impact my case.
My idea of having USCIS instead of CP in the DS260 is that if I understand correctly, once CN is current ( which I can't predict for sure due to the surprising visa bulletin) next month or so, and my case is in the embassy, I cannot easily change to AOS. But if I have AOS as my option in DS260, I can easily change to CP, not sending the package and letting KCC know about the change.

1) Am I correct in my logic?

2) Will bothering KCC so much impact my case?

3) If they implement the new form, this will probably be in October?

Thank you so much for all your insight and support and sorry for the long message, I hope is not too confusing.

1&2. Contacting the KCC back and forth to change your DV processing option will most likely create confusion which could negatively impact your case at the end of the day. Plus requesting to change the processing option when you haven’t even submitted the DS260 is completely unnecessary. Having the CP option reflected without even hitting the submit button does nothing for you, KCC will not begin processing the form for CP, something that must happen and could take a couple of months for them to get to, depending on when the form gets submitted, before you can be scheduled for a CP interview. Make up your mind as to the option you wish to proceed with and start working towards it.

3. This is precisely why I hesitated for so long from posting about this. I have no idea as to the “new form” you’re referencing considering the disclaimer I already added to my previous post:
“NO CHANGE TO PUBLIC CHARGE GROUND OF INADMISSIBILITY HAS BEEN IMPLEMENTED AS AT THE TIME OF THIS POST!”

p.s. if you’re still debating your processing option, I’m afraid I will no longer be able to answer your specific AOS related questions. Answering hypothetical questions is a complete waste of my time, I don’t enjoy doing that.

 

[razzie]

Hi
Grateful for this forum Ive only just discovered via Brit Simons utube. I have read as much as possible but believe I have a slightly complex case.
Currently on an 01 visa with family on an 03, Ive won the OC435 dv lottery number which appears to be in the first bulletin.
That being said Im needing to work abroad every month at the moment and believe with an AOS in the country and even with an application of travel/AP it wouldn't be confirmed in time. Therefore I wouldn't be able to leave the country for work untill id gone thru the interview process.

So my question is, If I do a consular process can my family do an AOS in the country? Or because i'm the applicant must we all file a consular process?

To add to this our existing visa is up for renewal and we must leave the country at some point anyway to renew, that being said if our interview came up thru the consular process for the DV interview before our existing visa renewal is processed for interview. If we had a non favorable outcome with the dv lottery interview. Would we no longer be allowed back in? Or is this just untill our existing visa renewal is processed for an interview?

Also If I file for a CP and my 01 is renewed in due course its ok to come and go as usual from the USA untill the interview is scheduled is that right?

Lastly as I travel for work mainly in Japan would I just be able to do the consular process with my family their if we do a CP or must I return to homeland in which the visa is being awarded.

Apologies so many questions I have consulted with our lawyers processing our renewals and they like Britt has mentioned have no idea

 

[Sm1smom]

Hi
Grateful for this forum Ive only just discovered via Brit Simons utube. I have read as much as possible but believe I have a slightly complex case.
Currently on an 01 visa with family on an 03, Ive won the OC435 dv lottery number which appears to be in the first bulletin.
That being said Im needing to work abroad every month at the moment and believe with an AOS in the country and even with an application of travel/AP it wouldn't be confirmed in time. Therefore I wouldn't be able to leave the country for work untill id gone thru the interview process.

So my question is, If I do a consular process can my family do an AOS in the country? Or because i'm the applicant must we all file a consular process?

To add to this our existing visa is up for renewal and we must leave the country at some point anyway to renew, that being said if our interview came up thru the consular process for the DV interview before our existing visa renewal is processed for interview. If we had a non favorable outcome with the dv lottery interview. Would we no longer be allowed back in? Or is this just untill our existing visa renewal is processed for an interview?

Also If I file for a CP and my 01 is renewed in due course its ok to come and go as usual from the USA untill the interview is scheduled is that right?

Lastly as I travel for work mainly in Japan would I just be able to do the consular process with my family their if we do a CP or must I return to homeland in which the visa is being awarded.

Apologies so many questions I have consulted with our lawyers processing our renewals and they like Britt has mentioned have no idea

1. Unfortunately you cannot process CP while your family AOS because since your family members are in they US as your derivatives, they automatically fall out of status once you return to the US with your IV as a LPR, which means they will no longer have a valid status in the US. So you either all have to process AOS or CP together.
2. Your ability to return to the US (with 01/03 visa) following CP denial will depend on the reason for the DV denial.
3. While admission or re-admission in a non immigrant status is never guaranteed, O1 is a dual intent visa, so with a declared CP immigrant intent, it ordinarily wouldn't be an issue. However, with the current administration, anything could be a trigger for them at the POE.
4. My recommendation will be to go through CP from your home country and not Japan, since you and your family are technically speaking not residing their.

p.s. number your questions when you have more than one per post.

 

[razzie]

Amazing thanks for clearing that up for us!
CP it is!

1) Only mention filing in Japan as I will renew our 01s their as we are Japanese and NZ passport holders my work has me flying in and out of their and I have a secondary home. I just wondered if it complicates the process or not.

Lastly this is possibly a stupid question but it would be considered ok to do the medical in the USA right even while filing a CP it doesn't have to be done in that country right?