DV 2011 AOS Only

[Izzy120]

Hi targetxy,

I see you are new to this forum, WELCOME and CONGRATS on being selected for DV!

Here is where you need to go for instructions on how and where to send your DV Processing Fee aka Adjustment of Status Fee Payment:

http://www.travel.state.gov/visa/visa_4763.html

Your payment will be returned to you and I believe they will ask you to send the correct form of payment (which I have provided above).

PS: Not everyone in this forum speaks/understands Roman language(I am guessing that's what it is), maybe you or anyone else speaking in different language also include a translation.

As always, please include your case details from your FORUM ACTIONS MENU>EDIT PROFILE>EDIT SIGNATURE>enter your details>save and don't forget to check the "show signature" box when you are posting messages. That will make it easier for us to answer questions...

Hi all!
I sent AOS fee using a personal check 5 days ago. Then I saw on the forum "do not send personal checks". What to do now? It will be OK? What is your experience with that?
Thank you so much!

Iata inca un roman pe forum! Bafta tuturor!

CN: 2011EU00003XXX

 

[Izzy120]

Hi matin123,

Unfortunately, I am not aware of any other forum members from Iran, perhaps you could create a thread like DV winners from Iran...so, folks from Iran maybe drawn there and see if you can get a hold of Iranian winners from 2010...just an idea. Or, there may already be one, you can do a search.

Although, it maybe true that some folks had problems in the past, please don't assume it will be the same for you, try to remain positive and do the best you can to ease your AOS process. Like I mentioned earlier, FBI usually returns name check within 48-72 hours if there is "no record" but it can take longer if they need detailed check, however, USCIS may "approve" a case if it has been pending for over 180 days and, if upon completion of the check, serious adverse information is discovered, USCIS may revoke the green card of the individual in question. Either way, be prepared to face the toughest challenges while staying positive, this forum has some very knowledgeable and helpful people and you can rely on them for strength and support.

PS: It was brought up in the 2010 thread that some people try to get their background checks done beforehand for peace of mind. I have done this myself and the process for general public (vs. USCIS) is generally slow (about 8-13 weeks processing time). Here is the link to FBI site with detailed info:

http://www.fbi.gov/hq/cjisd/fprequest.htm

Usually, you will need to go to your local police station to get your fingerprinting done (the fbi website has the fingerprinting card they want you to use), in my area this cost $5 per person. You send that in to West Virginia along with $18 payment to FBI and wait for about 8-13 weeks before you can get the results back. Please check the above website for detailed information.

Again, this is just an idea if you want peace of mind.

ALL THE VERY BEST TO YOU!

thank you Izzy,
actually cp for me too risky. as I am failed my chance for getting us visa again is too low. on the other hand as I am from Iran I am concerned about background checking which is usually too long for Iranian applicants; so I think applying in July would be late.have you seen anybody from Iran in these forums? thank you again for yr elaborative response.

 

[edward1mel]

Thank you VERY MUCH khayat, leongsce and Izzy120 for answering my question about processing time of AoS. This forum is really a great place to ask and share thoughts and experience.

Guys, I started reading instructions and filling form I-485 and I can't definitely figure out some of the questions asked in the form. If someone can answer it or give me a link to where it has been already discussed I will appreciate it. Earlier or later all of us would have to fill it anyway, so I guess everyone will appreciate to know the answers:

1 Question: In part 1 there is a blank to fill in I-94 #. Should we fill in the current I-94 # or the one that we got when we first arrived to the US? This question immediately follows question about the date of last arrival, so I assume logically that they refer to I-94 # that we got when we arrived (form that we were asked to fill in the plane). For me it would make more sense if the question would refer to the current I-94 # rather then the first one. Please share your thoughts.

2 Question: where you inspected by Immigration Officer. I guess they refer here to the general procedure of checking visa stamped in the passport at the Port of entry, that everyone goes through when flying in or driving to here or does this question asks about some extra checking that could have occurred at the PoE?

3 Question: Nonimmigrant Visa Number. Does this question asks about the Visa Type (B, H, J) and number following the Visa Type (i.e. H-1B, J1, B1) OR it asks the Number that is found on the Visa Stamped in our passports which is of red color and consists of 8 digits?

Guys maybe these questions sound simple, but I just want to be sure that I won't make a fatal mistake when the time will come to fill in this form.

4 Question: Should we submit Police Certificates from our native countries and what about the FBI report? I understood that FBI checking is done by USCIS itself. Right? On which stage are the reports submitted? Together with I-485 form or at the later stage?

5 Question: I haven't received my NL2 letter yet so I don't have any instructions concerning the list of documents that are to be submitted along with I-485 and the documents that we should take for the Interview. If anyone can lighten this up, it will be GREATLY APPRECIATED. To be specific I would like to know, should we submit Police Reports along with I-485, and how about the Birth certificate and Diplomas? I only know that Medical Test results should accompany this form.

MANY THANKS in ADVANCE GUYS for YOUR ANSWERS, INPUT and THOUGHTS and SORRY for SO MANY QUESTIONS.

 

[feel]

Please check the answers!

Thank you VERY MUCH khayat, leongsce and Izzy120 for answering my question about processing time of AoS. This forum is really a great place to ask and share thoughts and experience.

Guys, I started reading instructions and filling form I-485 and I can't definitely figure out some of the questions asked in the form. If someone can answer it or give me a link to where it has been already discussed I will appreciate it. Earlier or later all of us would have to fill it anyway, so I guess everyone will appreciate to know the answers:

1 Question: In part 1 there is a blank to fill in I-94 #. Should we fill in the current I-94 # or the one that we got when we first arrived to the US? This question immediately follows question about the date of last arrival, so I assume logically that they refer to I-94 # that we got when we arrived (form that we were asked to fill in the plane). For me it would make more sense if the question would refer to the current I-94 # rather then the first one. Please share your thoughts.

Current I-94 #

2 Question: where you inspected by Immigration Officer. I guess they refer here to the general procedure of checking visa stamped in the passport at the Port of entry, that everyone goes through when flying in or driving to here or does this question asks about some extra checking that could have occurred at the PoE?

YES, if you have your I-94 stamped by the IO at POE.
3 Question: Nonimmigrant Visa Number. Does this question asks about the Visa Type (B, H, J) and number following the Visa Type (i.e. H-1B, J1, B1) OR it asks the Number that is found on the Visa Stamped in our passports which is of red color and consists of 8 digits?

RED color 8-digits number

Guys maybe these questions sound simple, but I just want to be sure that I won't make a fatal mistake when the time will come to fill in this form.

4 Question: Should we submit Police Certificates from our native countries and what about the FBI report? I understood that FBI checking is done by USCIS itself. Right? On which stage are the reports submitted? Together with I-485 form or at the later stage?

USCIS will do this for you if you are doing AoS.

5 Question: I haven't received my NL2 letter yet so I don't have any instructions concerning the list of documents that are to be submitted along with I-485 and the documents that we should take for the Interview. If anyone can lighten this up, it will be GREATLY APPRECIATED. To be specific I would like to know, should we submit Police Reports along with I-485, and how about the Birth certificate and Diplomas? I only know that Medical Test results should accompany this form.

Please check USCIS.gov and you will find list of documents to be accompanied for I-485. Yes, definitely you will need Birth Certificate and Diplomas.

MANY THANKS in ADVANCE GUYS for YOUR ANSWERS, INPUT and THOUGHTS and SORRY for SO MANY QUESTIONS.

 

[Izzy120]

Hi edward1mel,

1. Your latest I-94 # should be used. You should not have other I-94 cards anyway, unless you changed/renewed your status in US in which case USCIS will assign you same I-94 # with different validity dates.

2. Yes, you are right. Hence, I-94 is a very important document that proves that you were legally admitted to the US "after inspection" by an IO.

3. Yes, it is the red number on your latest visa you used to enter the US.

4. Police Certificates are not required for those Adjusting to Status unless of course you have been arrested, etc. Your understanding about the FBI check is right, USCIS will tell you when and where to get the Biometrics done, once submitted, they will do the check for you.

5. Birth Certificates, DV winning notification letters, DOS receipts, etc. are required documents that you should send with you I-485 (include copies) and take with you during interview (originals).

Also check (bottom of the page):

http://www.uscis.gov/portal/site/us...nnel=2df93a4107083210VgnVCM100000082ca60aRCRD

Your I-485 instructions will also list the required documentation to include with your AOS package.

I will post a checklist for I-485 in this thread, so you or anyone else having doubts can refer to it, though it may vary by individual situation.

Guys, I started reading instructions and filling form I-485 and I can't definitely figure out some of the questions asked in the form...

 

[Izzy120]

Checklist for AOS Package

Following is a SAMPLE Checklist for AOS Package, please use/modify per your needs (i.e., per your individual situation: whether or not you need EAD, AP, whether currently employed, or need a I-134 from a sponsor, etc.):

1. Form I-485 - Application to Adjust Status
2. Check of $1010, filing fee for I-485
3. Two passport-style photos
4. Form G-325A - Biographic Information
5. Form I-693 - Report of Medical Examination and Vaccination Record in sealed envelope
6. Form I-765 - Application for Employment Authorization
6.1. Two passport-style photos
6.2. Copy of previous EADs
7. Copies of selection documents for Diversity Visa Lottery
7.1. First Notification Letter
7.2. Receipt for DV Processing Fee from DOS
8. Copies of Relevant Passport Pages
9. Copy of Form I-94, Arrival/Departure Record
10. Copy of Birth Certificate
11. Copy of Marriage Certificate
12. Copy of government-issued ID
13. Copies of Degrees and Transcripts
14. Employment Details:
14.1. Copy of Employment Verification Letter
14.2. Copy of Pay stubs - Last 4
14.3. Copy of W2 - last 2 years
14.4. Copy of Tax Returns - last 2 years

Hope this helps you guys. Try not to send in too much stuff that are unnecessary...

 

[khayat]

Hey Izzy,

Thanks but I guess #14 and #6 is optional. You may want to apply for Work Authorization

here is a link to USCIS
http://www.uscis.gov/portal/site/us...nel=2df93a4107083210VgnVCM100000082ca60aRCRD#

Following is a sample Checklist for AOS Package, please feel free to use/modify per your needs:

1. Form I-485 - Application to Adjust Status
2. Check of $1010, filing fee for I-485
3. Two passport-style photos
4. Form G-325A - Biographic Information
5. Form I-693 - Report of Medical Examination and Vaccination Record in sealed envelope
6. Form I-765 - Application for Employment Authorization
6.1. Two passport-style photos
6.2. Copy of previous EADs
7. Copies of selection documents for Diversity Visa Lottery
7.1. First Notification Letter
7.2. Receipt for DV Processing Fee from DOS
8. Copies of Relevant Passport Pages
9. Copy of Form I-94, Arrival/Departure Record
10. Copy of Birth Certificate
11. Copy of Marriage Certificate
12. Copy of state-issued ID (Driver's License)
13. Copies of Degrees and Transcripts
14. Employment Details:
14.1. Copy of Employment Reference Letter
14.2. Copy of Pay stubs - Last 6 months
14.3. Copy of W2 - last 2 years
14.4. Copy of Tax Returns - last 2 years

Hope this helps you guys. Try not to send in too much stuff that are unnecessary...

 

[Izzy120]

Yes, you are right, #6 is optional (Both EAD and AP), it is totally upto the individual whether or not to apply for EAD or AP. EAD will be useless if you are applying late in the FY but comes in handy for those filing early. In the link you provided it says:

"Work & Travel Authorization
Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see the “Work Authorization” and “Travel Documents” links to the left under “Green Card Processes & Procedures.”


For #14: Generally they do not ask for Affidavit of support with I-485, but every individual must satisfy the IO that they will not become a public charge on the US Government (See DV instructions). Hence, to avoid RFE (can be Affidavit of Support or Employment Details), I will be including #14 personally. You can refer to Poverty Guidelines (again this is used for I-864 as Affidavit of Support to prove that you/your sponsor has income of at least 125% above Poverty Guidelines) in case they think you will become a public charge and ask for either I-864 or I-134 (usually I-864 is not used for DV but it will entirely depend on individual IO). Of course, you may send your AOS without Employment details, but at one point or another, you will have to convince the IO that you will not become a public charge through your capacity of earning to support yourself/family (either through educational qualification or through employment history) or by way of submitting Affidavit of Support (see my note below).

"The relatively low DV criteria—a high school diploma or two years of experience in a job requiring two years of training, education or experience—does not automatically satisfy the public charge requirement. Documentation to overcome the public charge issue is required in addition to the evidence of education and experience. As in any case, to determine public charge, the [immigration service] applies a totality of the circumstances approach which includes whether the alien has received public assistance, his or her age, capacity to earn a living, health, family, situation, work history, affidavits of support and physical and mental condition."

Poverty Guidelines:
http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

DV Instructions:
http://www.travel.state.gov/pdf/DV-2011instructions.pdf

See page 12/16 no. 32 (this also applies to those doing AOS)

Hey Izzy,

Thanks but I guess #14 and #6 is optional. You may want to apply for Work Authorization

here is a link to USCIS
http://www.uscis.gov/portal/site/us...nel=2df93a4107083210VgnVCM100000082ca60aRCRD#

 

[khayat]

Thanks for details. You have actually got to the bottom of this thing. Good to have experts here. Did you do you medicals? I have not yet. I have been really busy lately. If you have done, how long does it take? I am thinking of doing it early Sep.

Yes, you are right, #6 is optional (Both EAD and AP), it is totally upto the individual whether or not to apply for EAD or AP. EAD will be useless if you are applying late in the FY but comes in handy for those filing early. In the link you provided it says:

"Work & Travel Authorization
Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see the “Work Authorization” and “Travel Documents” links to the left under “Green Card Processes & Procedures.”


For #14: Generally they do not ask for Affidavit of support with I-485, but every individual must satisfy the IO that they will not become a public charge on the US Government (See DV instructions). Hence, to avoid RFE (can be Affidavit of Support or Employment Details), I will be including #14 personally. You can refer to Poverty Guidelines (again this is used for I-864 as Affidavit of Support to prove that you/your sponsor has income of at least 125% above Poverty Guidelines) in case they think you will become a public charge and ask for either I-864 or I-134 (usually I-864 is not used for DV but it will entirely depend on individual IO). Of course, you may send your AOS without Employment details, but at one point or another, you will have to convince the IO that you will not become a public charge through your capacity of earning to support yourself/family (either through educational qualification or through employment history) or by way of submitting Affidavit of Support (see my note below).

"The relatively low DV criteria—a high school diploma or two years of experience in a job requiring two years of training, education or experience—does not automatically satisfy the public charge requirement. Documentation to overcome the public charge issue is required in addition to the evidence of education and experience. As in any case, to determine public charge, the [immigration service] applies a totality of the circumstances approach which includes whether the alien has received public assistance, his or her age, capacity to earn a living, health, family, situation, work history, affidavits of support and physical and mental condition."

Poverty Guidelines:
http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

DV Instructions:
http://www.travel.state.gov/pdf/DV-2011instructions.pdf

See page 12/16 no. 32 (this also applies to those doing AOS)

 

[Izzy120]

Hi khayat,

First of all, I am not an expert! I only try to share the twisted facts that are out there. Many 2010 winners who were on F1 (with no employment) were never asked for Affidavit of Support while many who had good full-time jobs (above poverty guidelines) were asked to submit one...and for some who got one, the IO never bothered to see it during interview...so it all depends, the only thing is to be prepared to ease your AOS process as much as you can.

I am waiting for the September VB to come out before I make any decisions. I did inquire few civil surgeons in my area, few of them are pretty good with returning the completed I-693 packet within a week or two. So, I am hoping to go in around late August if all goes well. Good Luck with yours!

Thanks for details. You have actually got to the bottom of this thing. Good to have experts here. Did you do you medicals? I have not yet. I have been really busy lately. If you have done, how long does it take? I am thinking of doing it early Sep.

 

[NuvF]

AoS and Police Reports from Home country and others.

As a general rule ppl who do AoS in USA do not have to worry about any of the police reports. However, to be on the safe side you may think about my following advise.

WHEN THE FY PROGRESS SOME OF YOU WOULD THINK THAT IT IS BETTER TO CHANGE TO CP. And for some others for variety of reasons (one being the extremely slow DV process in the local USCIS FO) it will become apparent that changing to CP is the sure way to go, especially towards the end of the FY.

Then the police reports requirement will come back to bug you !!

So, why not think about it now when you have time to deal with it.

Some US embassies (in your home country and others) do assist ppl currently in US and who has a pending immigration petition in US to get the local police report via that embassy. So first step is to check whether that applies to you.

This also applies to those who need to get police reports from other countries, than the native, where they lived/worked for more that 6 mos.

Also be wary of the 'validity period' of the report. I think most embassies accept police reports up to 1 yr old. Some may be 6 mos. Also the issuing police authority may specify in the report for how long it is valid, so chk those too.

In some countries it is easy to get the report within few days or cpl of weeks. yet some others it will be few months. So plan ahead and see what you will get into if you need to activate that plan B.....AoS to CP change.

Thought that this advise would be helpful for some.

Best !!

PS: In the following link it will give country specific info on how to obtain different records/reports. (see toward end of each country's page)

http://travel.state.gov/visa/fees/fees_3272.html

 

[sob]

Hi everyone,

For how long is the medical examination valid? Can I do it now to get that out of the way?
Or should I wait (in case it expires after 6 months for example)

Thanks

 

[Izzy120]

Hi sob,
The results of the ME are generally valid for 12 months. You should schedule your ME as close as possible to the time you file for AOS , but allow enough time for lab test results/additional results (if required). When exactly you can do it depends on your CN.

Hi everyone,

For how long is the medical examination valid? Can I do it now to get that out of the way?
Or should I wait (in case it expires after 6 months for example)

Thanks

 

[matin123]

Hi Nuvf,
You said you have seen a guy from Iran whose AOS processing had gotten in trouble. could you please tell me how I can find him? thanks

As a general rule ppl who do AoS in USA do not have to worry about any of the police reports. However, to be on the safe side you may think about my following advise.

WHEN THE FY PROGRESS SOME OF YOU WOULD THINK THAT IT IS BETTER TO CHANGE TO CP. And for some others for variety of reasons (one being the extremely slow DV process in the local USCIS FO) it will become apparent that changing to CP is the sure way to go, especially towards the end of the FY.

Then the police reports requirement will come back to bug you !!

So, why not think about it now when you have time to deal with it.

Some US embassies (in your home country and others) do assist ppl currently in US and who has a pending immigration petition in US to get the local police report via that embassy. So first step is to check whether that applies to you.

This also applies to those who need to get police reports from other countries, than the native, where they lived/worked for more that 6 mos.

Also be wary of the 'validity period' of the report. I think most embassies accept police reports up to 1 yr old. Some may be 6 mos. Also the issuing police authority may specify in the report for how long it is valid, so chk those too.

In some countries it is easy to get the report within few days or cpl of weeks. yet some others it will be few months. So plan ahead and see what you will get into if you need to activate that plan B.....AoS to CP change.

Thought that this advise would be helpful for some.

Best !!

PS: In the following link it will give country specific info on how to obtain different records/reports. (see toward end of each country's page)

http://travel.state.gov/visa/fees/fees_3272.html

 

[edward1mel]

BIG BIG THANKS to Feel, NuvF and special Thanks to Izzy120 for such detailed and complete answers!
Izzy120 seems really to be an Expert in DV Lottery cases. It's Great to have you here in the forum Izzy120.
Again Thank You Very Very Much Guys for Prompt and In-time Answers!

From my side just as a note regarding the Police reports from our native countries (which anyway is not a requirement for USCIS, but more for CP) I would like to add that their validity usually expires within 3 months (90 days period), at least this is the case for Police reports issued in my country (which is in Europe) and I guess that this rule applies to many other countries. So, if you still plan to use the Police Reports just keep this in mind and make sure that it would be still valid by the time you submit it.

Guys just one quick question: Does anyone know a good Civil Surgeon in Boston area? I got the list of about 25 of them and don't know which one to choose, so I was wondering if someone knows and can suggest a good one maybe from the experience of last years DV lottery winners.

Thanks in Advance and Best of Luck to Everyone.

 

[khayat]

Hi Edward,
Although the police certificates are only 3 months valid, as long as after that period you have not gone back to that country, you may still use it and tell the officer that you been away and in the US for the whole time. So as long as you do have a police certificate from before you left the country you may still use it.

Check the forum for any body who is doing AOS in the Boston area through any other possible categories like EB or family etc. everybody who does AOS need to medical. See if there is any thread for Boston

Cheers and good luck to us all

BIG BIG THANKS to Feel, NuvF and special Thanks to Izzy120 for such detailed and complete answers!
Izzy120 seems really to be an Expert in DV Lottery cases. It's Great to have you here in the forum Izzy120.
Again Thank You Very Very Much Guys for Prompt and In-time Answers!

From my side just as a note regarding the Police reports from our native countries (which anyway is not a requirement for USCIS, but more for CP) I would like to add that their validity usually expires within 3 months (90 days period), at least this is the case for Police reports issued in my country (which is in Europe) and I guess that this rule applies to many other countries. So, if you still plan to use the Police Reports just keep this in mind and make sure that it would be still valid by the time you submit it.

Guys just one quick question: Does anyone know a good Civil Surgeon in Boston area? I got the list of about 25 of them and don't know which one to choose, so I was wondering if someone knows and can suggest a good one maybe from the experience of last years DV lottery winners.

Thanks in Advance and Best of Luck to Everyone.

 

[Tuscany]

Many Thanks!!!

Dear Friends,

I am an ardent reader of the postings in this forum. You all have impacted my life positively and am immensely grateful.
I have a few questions though:
1. As a DV lottery (2011) winner, do I need to employ the services of a lawyer to file my petition for AOS?
2. My number is in the 50s which means it’s likely to be processed early but then my F-1 expires in November 2010, which means one month after I have filed AOS, just to be safe, do I move on to my wife’s H-1B, i.e. H-2 or just wait for the completion of the GC approval process?
Thanks again.
Tuss

 

[feel]

1. Not necessarily unless you want to. But filing Aos on you own is pretty simple process. Just educate yourself more reading posts in this forum and uscis.gov.
2. Why don't you apply for post-completion OPT? You have 60 days grace period after you graduate. So, assuming you graduate in august you can apply for OPT with beginning date of Oct. Remember you will have 90 days time from the start date of OPT without getting any employment related to your degree. Anyways, maintaining legal status is vital. You never know how long it may take for your AoS application to be approved for sure.

Dear Friends,

I am an ardent reader of the postings in this forum. You all have impacted my life positively and am immensely grateful.
I have a few questions though:
1. As a DV lottery (2011) winner, do I need to employ the services of a lawyer to file my petition for AOS?
2. My number is in the 50s which means it’s likely to be processed early but then my F-1 expires in November 2010, which means one month after I have filed AOS, just to be safe, do I move on to my wife’s H-1B, i.e. H-2 or just wait for the completion of the GC approval process?
Thanks again.
Tuss

 

[natta]

Hey guys I have a question, what's the deal with the Affidavit of support, the sponsor. I dont know if I have to find one before I send the AOS package if I am an F1 student and have a work permit and have the tax returns for the last 2 years, while my husband who is the winner, is currently on J1, but we applied for a turist visa which is already pending and have a common savings acount with some money saved together. Can any one help me with this. Do you think this should be enough or we do have to look for a sponsor.
Thanks in advance for all the help.

 

[matin123]

Hi everyone, as I mentioned before I am going to send aos package about 3 months before my case number is going to be current( if like 2010 my number is going to be current in Sep, I will apply in April). I know officially we should apply for aos when the case number get current( a visa number get available) but my question is that in process of aos when USCIS actually need the visa number for their further processing. if visa number is needed lately in process of aos applying in advance could be better for winner with high cn like me! Isn't it? please correct me if I am missing something. I appreciate your help