DV 2019 AOS Only

[Sm1smom]

Hi,
I came to the U.S based on B1/B2 visa and after my entry to the U.S I have immediately applied for Aslym (while my vistor visa stay was till valid) and I received my EAD based on pending asylum and I have the SSN issued. I like to mention also that that my wife and my son are also included in my asylum case and they both have EAD and SSN.

So right now I am still on pending Asylum status and I have a valid EAD and I have been selected for 2019 DV with case number 2019AS12XXX.

1- I understood from you excel sheet and from reading the BritSimon blog that for AoS, the AoSer must have a valid status in the U.S and I am not sure if my pending asylum will be considered a legal status or not in this case. If it is not a legal status then can I still proceed with the AoS ? i there any special thing I need to know or do ,,or do I have say anything in the Cover Letter that I will send to the USCIS before the interview?

2- While I was filling the DS-260, I was entering my expired passport information, but the DS-260 won't proceed with an expired passport. I can't renew my passport because I can't go back to my country and get it renewed. my question is: if I select the option "Other Travel document Type" what will be the impact?

3- Do you think based on the travel ban that affects some countries in Asia region that will help me in getting my case number to be current sooner in the VB?

4-What happens if my DV interview is denied? Can I still wait for my pending asylum case or do I have to leave the country?

1. Past AOS threads in this forum attests to the success stories of asylum pending DV selectees who successfully completed DV based AOS petitions. Nothing special is required, you will indicate your current status on form I-485 when you fill it out.

2. Don’t use other travel documents. Use your actual passport with today’s date and see if it accepts that.

3. I don’t know.

4. You revert back to your asylum pending status, assuming the asylum petition didn’t get denied before the DV based AOS petition got denied.

 

[guitarek]

1. Past AOS threads in this forum attests to the success stories of asylum pending DV selectees who successfully completed DV based AOS petitions. Nothing special is required, you will indicate your current status on form I-485 when you fill it out.

2. Don’t use other travel documents. Use your actual passport with today’s date and see if it accepts that.

3. I don’t know.

4. You revert back to your asylum pending status, assuming the asylum petition didn’t get denied before the DV based AOS petition got denied.

Thank you very much MOM, I really appreciate your quick reply and I am happy the there are some previous pending aslyum cases were able to do AoS successfully..I hope i will be able to do that as well.

Just further clarification in regards to the second answer you provided...you said (Don’t use other travel documents. Use your actual passport with today’s date and see if it accepts that.) So if my passport is already expired last year, are you suggesting to put the expiry date is TODAY such as JULY-19-2018 ?

 

[Sm1smom]

Thank you very much MOM, I really appreciate your quick reply and I am happy the there are some previous pending aslyum cases were able to do AoS successfully..I hope i will be able to do that as well.

Just further clarification in regards to the second answer you provided...you said (Don’t use other travel documents. Use your actual passport with today’s date and see if it accepts that.) So if my passport is already expired last year, are you suggesting to put the expiry date is TODAY such as JULY-19-2018 ?

Yes. The date may be wrong, but the passport contains other information that identifies you, it has the passport number associated with the visa you came in on, it is tied to the I-94 you were issued with.

 

[guitarek]

Great Thank you very much for your reply.

 

[guitarek]

Hi MOM,

As an AoSer, Do i have to have a specific amount available for me and for all my dependents so that the USCIS see that I will not become a public charge ? if yes then how much per person should I have ?
Do I need to have any kind of sponsor ?

 

[Sm1smom]

Hi MOM,

As an AoSer, Do i have to have a specific amount available for me and for all my dependents so that the USCIS see that I will not become a public charge ? if yes then how much per person should I have ?
Do I need to have any kind of sponsor ?

You can demonstrate you will not become a public charge by being able to demonstrate you have an annual income above the poverty guideline level applicable to your household. See the following link to determine the PGL applicable to you:
https://www.uscis.gov/system/files_force/files/form/i-864p.pdf?download=1

2. You can also do so by finding someone (a sponsor) to provide you with an I-134.

The AOS process spreadsheet already contains suggestions on how to overcome public charge concerns.

 

[guitarek]

Thanks a lot. I will go over the spreadsheet again to have better understanding of the requirements.

 

[Mila05]

Hi Mom,

Thank you for all your responses. I would like to clarify some things if possible:
1) I have been selected for the lottery as a primary applicant, and I am married. However, my husband is on pending asylum case and he can not do AOS with me because he was out of status before applying. My status is F1 (I am doing 2nd masters and I was on OPT during 2016-2017). Can my husband be a sponsor on I-134 since his salary is above PGL.
2) Apart from the 1st Masters degree, do I have to attach my high school diploma and my bachelor's degree from my home country?
3) I will finish my studies by December 2018, and as my DV number is EU39XX, I expect to apply on November 1st (also based on visa bulletin history of 2017, my visa will be available that time). Question is do I have to apply for another degree and be in status after I send AOS package? I have consulted with attorney and they mentioned that after AOS submission I can just wait. However, on a lot of forums I read that is better to retain status.

Thank you very much in advance.

 

[Sm1smom]

Hi Mom,

Thank you for all your responses. I would like to clarify some things if possible:
1) I have been selected for the lottery as a primary applicant, and I am married. However, my husband is on pending asylum case and he can not do AOS with me because he was out of status before applying. My status is F1 (I am doing 2nd masters and I was on OPT during 2016-2017). Can my husband be a sponsor on I-134 since his salary is above PGL.
2) Apart from the 1st Masters degree, do I have to attach my high school diploma and my bachelor's degree from my home country?
3) I will finish my studies by December 2018, and as my DV number is EU39XX, I expect to apply on November 1st (also based on visa bulletin history of 2017, my visa will be available that time). Question is do I have to apply for another degree and be in status after I send AOS package? I have consulted with attorney and they mentioned that after AOS submission I can just wait. However, on a lot of forums I read that is better to retain status.

Thank you very much in advance.

1. That’s a dicey situation since your husband’s status is a temporary one, if his asylum petition gets denied it means he can no longer provide the promised support should it be required. Your IO May or may not make an issue of his status. But if you can get a back up sponsor, I recommend you do so.

2. Some IOs have been known to insist on seeing the HS diploma.

3. Having a valid status during the entire process (and not just prior to filing) is recommended as it enables you to have a fall back status if the AOS petition gets denied for any reason, one shouldn’t always assume an approval is a done deal. Do you have to apply for another degree in order to maintain your non-immigrant status? That’s a call you have to make on your own. Bear in mind though if you apply for a new non-immigrant status after filing for AOS, that non-immigrant petition will be denied in view of the fact that you’ve demonstrated an immigrant intent with your AOS petition. Are you eligible for OPT after your Masters program? File for that, if you are, before submitting your AOS petition.

 

[jimy ny]

If you’re not earning an income, don’t have a US account with substantial savings, can’t find a qualified person to fill out an I-134 for, your only choice is to include whatever you have, keep your fingers crossed and hope for the best.

Thank you for your time.

I am earning an income monthly from on campus job. The point is, the international students are not allowed to work more than 20 hours per week. Then, the maximum earnable income that someone on F1 visa can earns is about 600$ which is not enough to prove that i can cover my living costs here in US.

I mean every body who has a little knowledge of the nature of F1 visa can understand this issue simply. How FO expect me to prove them that i will not be a public charge while the only work permission that i have is ON CAMPUS and no more than 20 HOURS per week?

In the other words, this should make sense for FO and when someone like me wants to introduce other financial resources to FO (in my case,my father's bank account in my home country) as some evidence to prove that i will be not a public charge, they should accept it.

Correct me if i am wrong.

Respectfully.

 

[Sm1smom]

Thank you for your time.

I am earning an income monthly from on campus job. The point is, the international students are not allowed to work more than 20 hours per week. Then, the maximum earnable income that someone on F1 visa can earns is about 600$ which is not enough to prove that i can cover my living costs here in US.

I mean every body who has a little knowledge of the nature of F1 visa can understand this issue simply. How FO expect me to prove them that i will not be a public charge while the only work permission that i have is ON CAMPUS and no more than 20 HOURS per week?

In the other words, this should make sense for FO and when someone like me wants to introduce other financial resources to FO (in my case,my father's bank account in my home country) as some evidence to prove that i will be not a public charge, they should accept it.

Correct me if i am wrong.

Respectfully.

Argue your case and your P.O.V. with your interviewing IO. I’ve already shared what I know and have seen work over and over.

 

[jimy ny]

Argue your case and your P.O.V. with your interviewing IO. I’ve already shared what I know and have seen work over and over.

Dear MOM,

Hope my previous post had not been seemed rude or something that i want to argue about. I am just trying to give myself a little hope by thinking about every option that i can have.

I am just a person who is suffering from not having a sponsor to grab this opportunity.

Bottom line, i am thankful for your time.

 

[Sm1smom]

Dear MOM,

Hope my previous post had not been seemed rude or something that i want to argue about. I am just trying to give myself a little hope by thinking about every option that i can have.

I am just a person who is suffering from not having a sponsor to grab this opportunity.

Bottom line, i am thankful for your time.

No worries. All good.

 

[Mila05]

1. That’s a dicey situation since your husband’s status is a temporary one, if his asylum petition gets denied it means he can no longer provide the promised support should it be required. Your IO May or may not make an issue of his status. But if you can get a back up sponsor, I recommend you do so.

2. Some IOs have been known to insist on seeing the HS diploma.

3. Having a valid status during the entire process (and not just prior to filing) is recommended as it enables you to have a fall back status if the AOS petition gets denied for any reason, one shouldn’t always assume an approval is a done deal. Do you have to apply for another degree in order to maintain your non-immigrant status? That’s a call you have to make on your own. Bear in mind though if you apply for a new non-immigrant status after filing for AOS, that non-immigrant petition will be denied in view of the fact that you’ve demonstrated an immigrant intent with your AOS petition. Are you eligible for OPT after your Masters program? File for that, if you are, before submitting your AOS petition.

Hi Mom,

Thank you for your prompt response. Regarding comment #3 - yes, I have to apply for another degree to maintain non-immigrant status. Also, as far as I know status is updated through SEVIS, once applied for a new degree. Unfortunately I am not eligible for OPT through a second degree.

 

[jimy ny]

Dear mom,


I was reading the instruction for form i-485 which has been placed in USCIS website.
Again, i do not want to argue about my case, but, in page 39 of mentioned form, under section of "Additional Categories" has been written:

Evidence of Financial Support,
If you are filing Form I-485 as a DV applicant, you do not need to submit evidence of financial support.

1- I wonder, how you can interpret the above statement compare to number 9 of "What Evidence Must You Submit with Form I-485?" section of the mentioned form.

2- Have you ever seen any Aoser whom could got his or her green card without showing financial support?


Any response from you and other members would be appreciated in advance.
Thanks.

 

[Sm1smom]

Dear mom,


I was reading the instruction for form i-485 which has been placed in USCIS website.
Again, i do not want to argue about my case, but, in page 39 of mentioned form, under section of "Additional Categories" has been written:

Evidence of Financial Support,
If you are filing Form I-485 as a DV applicant, you do not need to submit evidence of financial support.

1- I wonder, how you can interpret the above statement compare to number 9 of "What Evidence Must You Submit with Form I-485?" section of the mentioned form.

2- Have you ever seen any Aoser whom could got his or her green card without showing financial support?


Any response from you and other members would be appreciated in advance.
Thanks.

I know precisely what the I-485 instructions says, you’re not sharing some new or obscure information I’m not aware of. Im also not interested in having a debate over this, same way you’re not looking at arguing about your case. So like I posted earlier, include what you consider pertinent to your case.

 

[Sm1smom]

Hi Mom,

Thank you for your prompt response. Regarding comment #3 - yes, I have to apply for another degree to maintain non-immigrant status. Also, as far as I know status is updated through SEVIS, once applied for a new degree. Unfortunately I am not eligible for OPT through a second degree.

Just be aware, you will only have a non-immigrant status to fall back on in the case of an AOS denial IF that status was existing prior to filing AOS.

 

[OJEE]

I know precisely what the I-485 instructions says, you’re not sharing some new or obscure information I’m not aware of. Im also not interested in having a debate over this, same way you’re not looking at arguing about your case. So like I posted earlier, include what you consider pertinent to your case.

Hi Mom
Regarding the I-485 filling instructions "Answer all questions fully and accurately. If a question does not apply to you type or print N/A" there was some examples on the instructions but lets says asking for Middle name and if don't have middle name Should we leave it blank or still write N/A or None If the PDF doesn't allow "/" or should we just leave it empty?

 

[Sm1smom]

Hi Mom
Regarding the I-485 filling instructions "Answer all questions fully and accurately. If a question does not apply to you type or print N/A" there was some examples on the instructions but lets says asking for Middle name and if don't have middle name Should we leave it blank or still write N/A or None If the PDF doesn't allow "/" or should we just leave it empty?

Leave any section that has to do with your name which does not apply to you blank, you don’t want them to assume “N/A” or “None” is part of your name (because you wrote it there) and get them to issue your GC with it. Sounds ridiculous, but it’s been known to happen.

 

[PARIPON THANTHONG]

Hi Sm1smom,

Once Again,one quick question.

What does a Dv AOS receipt look like? I got a letter that I included when I mailed the DV fee. And It came with the info I put. Is that the receipt?

Best,

PT