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DV 2018 AOS Only

Since I study computer science at a a top-tier university, and my school has a more than 98% alumni employment rate, I didn't think I would have to worry about them thinking I'd become a public charge. It's almost guaranteed that I'll get a good paying job, especially if I have a green card. I know lots of poor people from my country who came to the US through the lottery only with a high school degree. That's why I was asking if I could apply for a fee waiver and how it can affect the timeline.

The way DV requirements are formulated imply that you may not have a single dollar to your name, have only a high school diploma, yet if you provide a decent affidavit of support and pay the fees you are eligible to get a green card. On the other hand, you don't get any preferential treatment for being a student or alumni of prestigious university (even having multiple PhDs) on the accord that someday you *might* get a decent job.

If people familiar with DV lottery tell you that filing i-912 is frowned upon and it may seriously jeopardize your chances of getting a green card, listen.
 
It's a very strange background, especially with traveling all over the place, to be pleading inability to pay a filing fee.... indeed.
 
Hi mom,

I might be in a similar situation to @Snaydsa with regards to OPT filing and AOS filing (within a relatively short timeframe of each other).

1. From what I understand form I-765 is optional for DV based AOS but is required for OPT application. Just to comment on the user's question. If applying for both, does it make sense to submit 2 forms separately, since different eligibility categories will be selected, and a problem might arise due to that? I would assume it should only be included in the OPT package (please correct me if I'm wrong).

2. You did say that it is best to have OPT in place before AOS. However, if that won't be possible (as in both of our situations), in your opinion, is it more prudent to submit OPT application first or the two should not hinder each other.

3. The reason I thought OPT should be filed first is that it will be registered as F-1 extension. As opposed to filing AOS first, in which case my status will be 'adjustment pending' by the time they receive OPT package.

As always your input and advice are immensely appreciated,
Many thanks,
Jon

1. You always have to specify the category each EAD petition is based on. If applying for both, you submit two different petitions. And yes, you may end up creating more issues if you have both OPT and AOS based EAD petitions in the system at the same time.

2. Like I said, it is better to have an OPT approval in place prior to AOS filing.

3. Yes you're right. And I've already explained that countless number of times. That is precisely why I've been saying better to have OPT in place first.
 
Hello,

Thank you so much for your help and advice, so far.

I am preparing the 2018 DV AOS package, and while filling out I-485, I had some doubts. Kindly advise:

1. Q 16 (page 2) if I did already include my passport number in Q 15, do I need to include it again in Q 16 as travel document? If not what should I include in Q16?
2. Q 23b (page 2) I am on F1, I don't have an expiration date on my I-94, what do you advice me to answer?
3. Q24 (page 3) should I leave this one empty since my immigration status did not change since my arrival?
4. Q 2 (page 3) the answer here is NO?
5. Q 3 and Q 4 under part 2 (page 4) do these apply for DV AOS?
6. Q 6.b. Under part 3 (page 4) since I am currently living at thos address, what should I answer?
7. Employment history (page 5) the company I used to work for moved to another country, should I include its contacts when I was working there, or the new ones?

Your help is much appreciated.
Thank you so much

1. If you used a passport, answer question 15. If you used some other documents in place of a passport to enter the US, answer question 16.

2. What is written on your I-94 in place of an actual date?

3. You can put your current status or write N/A, doesn't make any difference.

4. 'No' is the correct response.

5. Not applicable.

6. "Present"

7. Use your best judgement.
 
1. If you used a passport, answer question 15. If you used some other documents in place of a passport to enter the US, answer question 16.

2. What is written on your I-94 in place of an actual date?

3. You can put your current status or write N/A, doesn't make any difference.

4. 'No' is the correct response.

5. Not applicable.

6. "Present"

7. Use your best judgement.


Thank you again for your diligence.

2. On I-94 it says "Admit until date: D/S"

Many thanks
 
Thank you for schooling me and good luck with your computer science degree from a top tier school with the 98% employment rate.
You could have just said that you don't know how filing the fee waiver will impact my application instead of accusing me of lying.
 
My school pays for my travels. They don't take of my legal fees. Here, solved it for you.

Cool. Good luck with that fee waiver and the implications thereof, given you've ignored some very good advice you've been given here, including by infrequent posters who have good points to make. There are actually a couple of other issues involved, but your clear confirmation bias makes me not bother wasting more time on this particular discussion.
 
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You could have just said that you don't know how filing the fee waiver will impact my application instead of accusing me of lying.

If I were to answer your question, I'd take a guess (emphasis on *guess* since I'm at the very beginning of my journey to understand AoS processing) that approved i-912 doesn't have a significant impact on processing time. However, it could severely lengthen the processing time should you get a RFE or even a complete rejection that would force you to resend your package.

Now, let me reiterate one very important aspect of what you are trying to do. In order to get i-912 approved you need to *prove* that you fall into one of the following:
1) you receive a means-tested benefit,
2) your household income is <=150% of the Federal Poverty Guidelines,
3) you have a financial hardship.
Simultaneously, fulfilling 1) or 2) (or possibly 3)) would make you *ineligible* for a GC. See https://www.uscis.gov/feewaiver#status for details.
 
If I were to answer your question, I'd take a guess (emphasis on *guess* since I'm at the very beginning of my journey to understand AoS processing) that approved i-912 doesn't have a significant impact on processing time. However, it could severely lengthen the processing time should you get a RFE or even a complete rejection that would force you to resent your package.

Now, let me reiterate one very important aspect of what you are trying to do. In order to get i-912 approved you need to *prove* that you fall into one of the following:
1) you receive a means-tested benefit,
2) your household income is <=150% of the Federal Poverty Guidelines,
3) you have a financial hardship.
Simultaneously, fulfilling 1) or 2) (or possibly 3)) would make you *ineligible* for a GC. See https://www.uscis.gov/feewaiver#status for details.
Thanks for the reply. I will definitely take that into consideration.
 
Thanks for the reply. I will definitely take that into consideration.
Looks like USCIS is kind enough to prevent you from shooting yourself in the foot. Below there's a quote directly from i-912 instruction:

Form I-485, Application to Register Permanent Residence or Adjust Status. A fee waiver is only available if you are applying for lawful permanent resident status based on:
A. Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Interpreter, or Afghan or Iraqi National employed by or on behalf of the U.S. Government;
B. An adjustment provision that is exempt from the public charge grounds of inadmissibility of the Immigration and Nationality Act (INA) section 212(a)(4), such as the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, continuous residence in the United States since before January 1, 1972, (“Registry”), Asylum Status, Special Immigrant Juvenile Status, or similar provisions;


You simply can't file i-912 with i-485 based on DV
 
Millenials - smh.

Hmmm...that's actually not really fair. We've had a number of F1 students on here, including from "top-tier" colleges (I seem to recall an MIT student last year?) who usually follow normal standards of decorum. Let's not tar them all with the same brush ;)
 
Thank you.

One question regarding the Field office. Based on my address, my documents will be forwarded to Houston office and I have heard that Houston field office is slow regarding the application processing. After we send AOS to Chicago, they will forward that to field office. Does all categories fall under same processing time frame at field office? Since DV1 category has a year time limit for processing, Is there any way we can speed up the process? Please advise.
 
Hmmm...that's actually not really fair. We've had a number of F1 students on here, including from "top-tier" colleges (I seem to recall an MIT student last year?) who usually follow normal standards of decorum. Let's not tar them all with the same brush ;)

Yep agreed - plenty of people in the age group don't fit the usual characterizations of being "lazy, narcissistic and entitled selfie-lovers". Some fit that description like a custom fit glove. It's only the "some" that gets me shaking my head.
 
Thank you.

One question regarding the Field office. Based on my address, my documents will be forwarded to Houston office and I have heard that Houston field office is slow regarding the application processing. After we send AOS to Chicago, they will forward that to field office. Does all categories fall under same processing time frame at field office? Since DV1 category has a year time limit for processing, Is there any way we can speed up the process? Please advise.

Have you taken a look at the AOS process spreadsheet? If yes, did you see the links to the Timelines spreadsheets posted on it? If you haven't taken a look at the AOS process spreadsheet, I recommend you do so as a starting point.
 
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