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DV 2017 AOS Only

Sm1smom said:
1. No. Yes.
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Thanks for confirmation. Additional thing I noticed while checking my AOS package:

1. Your spreadsheet checklist suggests to include G-325 forms for all children filing together with me, which I originally did not include, because they are younger than 14 years old at the moment. Per I-485 form instructions, G-325A is only needed for ages between 14-79. Can you please clarify this point? Thank you.
 
ATRL said:
Thanks for confirmation. Additional thing I noticed while checking my AOS package:

1. Your spreadsheet checklist suggests to include G-325 forms for all children filing together with me, which I originally did not include, because they are younger than 14 years old at the moment. Per I-485 form instructions, G-325A is only needed for ages between 14-79. Can you please clarify this point? Thank you.
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It's optional for kids below 14 and adults above 79. It really makes no difference if the form is included for those within that category or not - so the spreadsheet is silent on that (and there have been and still are children above 14 who are derivatives). What matters is to ensure the correct amount of fee is included, and the spreadsheet addressed that.
 
Sm1smom said:
USCIS will not create a new I-485 case without the OP actually submitting a new petition. They will basically be re-opening the existing petition.
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I have gone to the FO today and gave them the new medical forms (sealed envelopes). My status has changes to "New Card Is Being Produced". What is this now? There is no other status in between the denial and this, such as case approved or anything else.
 
Sm1smom said:
There's a section on the I-134 for listing out stocks and bonds in situations such as this.
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EURO2014 said:
Congratulations. Tax filings in conjunction with I-134 will clarify and detail financial sponsor basis. Source of income, i.e. employment vs. investment income, is not relevant - what is important that it has been reported in respective tax filings and can be projected forward based on financial assets declared.
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Thank you!
Just to be exact and not fail on the last 100 meters: 1) file tax for the last year 2) complete the I-134 form, and in point 7 just write unemployed, and complete his respective assets?!

Here is the link for your convenience: https://www.uscis.gov/sites/default/files/files/form/i-134.pdf
 
MindCurious said:
Thank you!
Just to be exact and not fail on the last 100 meters: 1) file tax for the last year 2) complete the I-134 form, and in point 7 just write unemployed, and complete his respective assets?!

Here is the link for your convenience: https://www.uscis.gov/sites/default/files/files/form/i-134.pdf
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What's wrong with 'Retired', as you had mentioned in an earlier posting? Fits well with substantial financial assets and derived investment income, as declared in IRS filings.
 
EURO2014 said:
What's wrong with 'Retired', as you had mentioned in an earlier posting? Fits well with substantial financial assets and derived investment income, as declared in IRS filings.
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I guess nothing. I thought they are looking for A or B (employed or unemployed), without a third option. Thanks for confirming that those two steps are all that is required!
 
Vrbmon said:
I have gone to the FO today and gave them the new medical forms (sealed envelopes). My status has changes to "New Card Is Being Produced". What is this now? There is no other status in between the denial and this, such as case approved or anything else.
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There doesn't need to be any other status update in between - what you really want to see is the CPO message. You really ought to stop stressing and look forward to getting your GC.
 
Sm1smom said:
There doesn't need to be any other status update in between - what you really want to see is the CPO message. You really ought to stop stressing and look forward to getting your GC.
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I would agree if there would have been anything uneventful or remotely normal in this case..but again there was not. As much as I am thrilled to go to the FO every week, or every day of the week like this week, I still just wanted to at least see the case on a somewhat ordinary path. I may have to invite the supervisor to my New Years bash if I keep meeting him this often :)
Anyways, thank you for the continuous support and feedback. I really appreciate it!
 
Sm1smom said:
AFAIK, it is advisable for one to maintain whatever legal status they're in throughout the AOS process.
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Thanks, Mom. My current status is valid until after Sept 30th 2017 so it should be ok for the DV AOS as long as no issues arise. The problem would be if my current J sponsor unilaterally "terminated" my J program before I finalize the AOS process. (They claim to have the right to do so if they learn that I'm applying for a GC). That's why I was wondering what would happen in case they "terminate" my J program after I initiate the AOS process. Would I be allowed to stay in the US and continue AOS, or would I have to return to my home country (so as not to fall out of status) and do CP?
 
EURO2014 said:
Is this a theoretical question or do you find yourself in this specific situation, i.e. in the US on J program/holding USCIS I-485 receipt confirmation with I-797 Priority Date before J program was officially cancelled? Please clarify.
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It's a hypothetical question. I'm not currently in that situation but may be in the future if my J sponsor decides to "terminate" my program if/when they learn that I'm doing AOS to get a GC (which they claim to have the right to do).
I would say this is a low probability but consequences could be terrible, which is why I'd like to be prepared and understand the implications in case it happened.
If the J sponsor "terminates" my J program after I initiate the AOS process, would I be allowed to stay in the US and continue AOS, or would I have to return to my home country (so as not to fall out of status) and do CP?
 
Blop said:
Thanks, Mom. My current status is valid until after Sept 30th 2017 so it should be ok for the DV AOS as long as no issues arise. The problem would be if my current J sponsor unilaterally "terminated" my J program before I finalize the AOS process. (They claim to have the right to do so if they learn that I'm applying for a GC). That's why I was wondering what would happen in case they "terminate" my J program after I initiate the AOS process. Would I be allowed to stay in the US and continue AOS, or would I have to return to my home country (so as not to fall out of status) and do CP?
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I honestly don't think there's anything else we can say here that can reassure you otherwise, we've already gone over this issue of your sponsor's acclaimed right to terminate your visa sponsorship if you apply for a GC.

At this point, I suggest you seek the opinion of a competent and experienced immigration attorney. Or just process CP as a matter of fact.
 
@mom: why my account has been locked it has been 2 months. I am concern about it.I can not login. Although I can check the status which is still Is "Fingerprint fee received" while I have done with biometric five weeks ago.
Is there any issue or something?
 
I just received two confirmation texts/emails from USCIS with two different case status numbers. Is that normal?
 
Sm1smom said:
I honestly don't think there's anything else we can say here that can reassure you otherwise, we've already gone over this issue of your sponsor's acclaimed right to terminate your visa sponsorship if you apply for a GC.

At this point, I suggest you seek the opinion of a competent and experienced immigration attorney. Or just process CP as a matter of fact.
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Thanks for your time. And sorry if I created some confusion with the potential J termination issue with which you've helped me previously. I guess my question was more around the concept of "adjustment pending" after filing AOS and receiving acknowledgement from USCIS (NOA). Regardless of J -or whatever other status an AOS petitioner is on at the time of applying- once I receive the NOA, will my status change to "adjustment pending"?
That's all I'd need to know because, in case yes, it sounds like I'd be able to remain in the US until the AOS is either approved or denied (regardless of what happened with the previous J -or whatever- status). Thank you!
 
Supersonic2016 said:
@mom: why my account has been locked it has been 2 months. I am concern about it.I can not login. Although I can check the status which is still Is "Fingerprint fee received" while I have done with biometric five weeks ago.
Is there any issue or something?
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I don't know why your account is locked. Anyway, try using the reset password link to change your password, that should hopefully get you into the account once the password has been changed.

The online status typically doesn't change from the fingerprint fee received message until a decision is made after the interview - the AOS process spreadsheet already addressed this.
 
Blop said:
Thanks for your time. And sorry if I created some confusion with the potential J termination issue with which you've helped me previously. I guess my question was more around the concept of "adjustment pending" after filing AOS and receiving acknowledgement from USCIS (NOA). Regardless of J -or whatever other status an AOS petitioner is on at the time of applying- once I receive the NOA, will my status change to "adjustment pending"?
That's all I'd need to know because, in case yes, it sounds like I'd be able to remain in the US until the AOS is either approved or denied (regardless of what happened with the previous J -or whatever- status). Thank you!
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One doesn't automatically become adjustment pending on the basis of having a pending petition. The petitioner remains in whatever status they were in prior to filing. The status only becomes adjustment pending if the current status (as at the time of USCIS's formal acceptance of the AOS petition) is lost/expires.
 
Blop said:
It's a hypothetical question. I'm not currently in that situation but may be in the future if my J sponsor decides to "terminate" my program if/when they learn that I'm doing AOS to get a GC (which they claim to have the right to do).
I would say this is a low probability but consequences could be terrible, which is why I'd like to be prepared and understand the implications in case it happened.
If the J sponsor "terminates" my J program after I initiate the AOS process, would I be allowed to stay in the US and continue AOS, or would I have to return to my home country (so as not to fall out of status) and do CP?
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Frankly, I would not expect any issue for your I-485 case either way: as you seem to be holding a receipt confirmation with I-797 Priority Date while on valid J status (are you?), either you will remain in J status until AoS application has been approved, or you would attain 'adjustment pending' status if your J status, for whatever reason, should expire. Either way you will be able to complete I-485 processing. The only downside to the second scenario would be that you don't have a valid status to fall back on in case your I-485 application should be declined, in which case you would have to leave for your home country in due course. Also, in case your J Program would come to an end, you would require a DV based EAC to work in the US under 'adjustment pending' status. That's basically it, in my opinion.
 
Sm1smom said:
One doesn't automatically become adjustment pending on the basis of having a pending petition. The petitioner remains in whatever status they were in prior to filing. The status only becomes adjustment pending if the current status (as at the time of USCIS's formal acceptance of the AOS petition) is lost/expires.
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Ok, that's good to know. Thanks so much for your help! Things are much clearer in my head now :)
 
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