DV 2019 AOS Only

G'day All.
Fantastic resource here, many thanks in advanced for all the good info and help.

I'm an Aussie on an E3. My Canadian wife is the primary applicant for DV 2019. We are just about to send our AOS application pending a copy of her long form birth certificate.

Final wrinkle I need to iron out is she currently has an EAD issued under her E3D Visa that expires on July 10 2019. Rather than apply for a renewal EAD, which would cost $410, I assumed she is better off sending i-765 with AOS application as there is no charge for the EAD in this case.

Two questions:
1. Is this i-765 an Initial EAD or a Renewal EAD? I think it's actually an initial EAD as the instructions state "Initial EAD: An EAD issued to an eligible applicant for the first time under a specific eligibility category." (Bold added by me). My take is that the new EAD is attached to the AOS application versus her renewing the existing EAD under the E3D category.
2. Does she need to include four (4) passport photos in the AOS application pack or is two (2) enough? (I'm sorry, but it isn't entirely clear in the AOS Process Google sheet).

Many thanks in advanced and I'll be sure to share status updates once I've couriered our AOS application to Chicago.
 
Hi Mom and all,

Sorry for frequent bothering but I have a few questions regarding to new I-485.

1) Which questions do I need to answer "yes" to? Page 10 question 14 asks: "Have you EVER been denied admission to the United States?" and question 15 asks:" Have you EVER been denied a visa to the United States?" Which one am I? And how should I explain in the addendum part?

2) I need to answer "yes" ONLY to the question 25 (Have you EVER been arrested, cited, charged or detained...) right? Do I need to enclose the original ticket I got and the payment receipt? Or I just need to explain in an addendum in part14? What should I say?

3) On this page :https://www.uscis.gov/forms/file-my...ng/how-do-i-know-if-i-need-original-documents
it is said that I-20 must be submitted in the original form. I did it last time and I got another one from university international center. Do I really need to do this again?

4) What does past I-20 means in the spreadsheet? I renewed my I20 but now I only have the new one! The last one expires in July. My question is does it really matter if my new package has a few differences compared to the previous denied one?

Thank you so much again
 
Quick question:

Is it crucial to include the DV Lottery fee receipt in the AOS package, or would it be fine to just take it to the interview?

I'm only asking because it's been over 4 weeks since I've sent the check (which has already been cashed), but there's no sign of the receipt in the mail. I plan to file early, and have my AOS package ready to go apart from just this one receipt. Any idea what to do?
 

Sm1smom

Super Moderator
G'day All.
Fantastic resource here, many thanks in advanced for all the good info and help.

I'm an Aussie on an E3. My Canadian wife is the primary applicant for DV 2019. We are just about to send our AOS application pending a copy of her long form birth certificate.

Final wrinkle I need to iron out is she currently has an EAD issued under her E3D Visa that expires on July 10 2019. Rather than apply for a renewal EAD, which would cost $410, I assumed she is better off sending i-765 with AOS application as there is no charge for the EAD in this case.

Two questions:
1. Is this i-765 an Initial EAD or a Renewal EAD? I think it's actually an initial EAD as the instructions state "Initial EAD: An EAD issued to an eligible applicant for the first time under a specific eligibility category." (Bold added by me). My take is that the new EAD is attached to the AOS application versus her renewing the existing EAD under the E3D category.
2. Does she need to include four (4) passport photos in the AOS application pack or is two (2) enough? (I'm sorry, but it isn't entirely clear in the AOS Process Google sheet).

Many thanks in advanced and I'll be sure to share status updates once I've couriered our AOS application to Chicago.
1. First of all, your CN determines how soon or how long you have to wait before you can submit your AOS package which may include an I-765 which gives her an AOS based EAD card. The AOS based EAD card is an initial card, completely separate from her current E3 based EAD. Just be aware if current EAD expires while waiting for the AOS based EAD card to get approved (which currently takes 4 - 6 months), she will need to stop working in the interim.

2. Each form she’s submitting needs to include the applicable number/set of photos the specific form requires.
 

Sm1smom

Super Moderator
Hi Mom and all,

Sorry for frequent bothering but I have a few questions regarding to new I-485.

1) Which questions do I need to answer "yes" to? Page 10 question 14 asks: "Have you EVER been denied admission to the United States?" and question 15 asks:" Have you EVER been denied a visa to the United States?" Which one am I? And how should I explain in the addendum part?

2) I need to answer "yes" ONLY to the question 25 (Have you EVER been arrested, cited, charged or detained...) right? Do I need to enclose the original ticket I got and the payment receipt? Or I just need to explain in an addendum in part14? What should I say?

3) On this page :https://www.uscis.gov/forms/file-my...ng/how-do-i-know-if-i-need-original-documents
it is said that I-20 must be submitted in the original form. I did it last time and I got another one from university international center. Do I really need to do this again?

4) What does past I-20 means in the spreadsheet? I renewed my I20 but now I only have the new one! The last one expires in July. My question is does it really matter if my new package has a few differences compared to the previous denied one?

Thank you so much again
1. No to both of them. You were never denied an admission to the US based on your denied AOS petition - you are already in the US. You also weren’t denied a visa - a visa is the document stamped in your passport which a non-immigrant uses in seeking admission into the US.

2. Answer “Yes” if you’ve been cited or arrested in the past.

3. Follow the instructions on the website you referenced - it already answered your question:
NOTE: If the applicant or petitioner has already submitted the original document to the USCIS in connection with another matter, he or she may submit a photocopy along with an explanation of when and why the original was previously sent to the USCIS.

For all other documents, the applicant may submit a photocopy of the document required; however, he or she may be required to present the original:
  • in person, upon the request of a USCIS or consular official during an interview, or
  • by mail, in response to a written request from USCIS.

4. Copies of any I-20 you’ve ever been issued with
 

Sm1smom

Super Moderator
Quick question:

Is it crucial to include the DV Lottery fee receipt in the AOS package, or would it be fine to just take it to the interview?

I'm only asking because it's been over 4 weeks since I've sent the check (which has already been cashed), but there's no sign of the receipt in the mail. I plan to file early, and have my AOS package ready to go apart from just this one receipt. Any idea what to do?
It is advisable to do so, the Chicago Lockbox may decide your package is incomplete and subsequently reject it if the payment receipt is not included.

Email KCC and request for a copy of the receipt.
 
1. First of all, your CN determines how soon or how long you have to wait before you can submit your AOS package which may include an I-765 which gives her an AOS based EAD card. The AOS based EAD card is an initial card, completely separate from her current E3 based EAD. Just be aware if current EAD expires while waiting for the AOS based EAD card to get approved (which currently takes 4 - 6 months), she will need to stop working in the interim.

2. Each form she’s submitting needs to include the applicable number/set of photos the specific form requires.
Thanks! Our CN is current as of this month, i.e. May, so we're sending our AOS application asap - we didn't realize she didn't have her long form birth certificate until a couple weeks ago (smh).

If AOS based EAD takes 4-6 months, then I guess we will have to bite the bullet and pay for the renewal of her current E3D based EAD. And in that case, there's not really any point applying for an AOS based EAD!

Thanks again!
 
1. No to both of them. You were never denied an admission to the US based on your denied AOS petition - you are already in the US. You also weren’t denied a visa - a visa is the document stamped in your passport which a non-immigrant uses in seeking admission into the US.

2. Answer “Yes” if you’ve been cited or arrested in the past.

3. Follow the instructions on the website you referenced - it already answered your question:
NOTE: If the applicant or petitioner has already submitted the original document to the USCIS in connection with another matter, he or she may submit a photocopy along with an explanation of when and why the original was previously sent to the USCIS.

For all other documents, the applicant may submit a photocopy of the document required; however, he or she may be required to present the original:
  • in person, upon the request of a USCIS or consular official during an interview, or
  • by mail, in response to a written request from USCIS.

4. Copies of any I-20 you’ve ever been issued with
Thank you Mom,

But then how should I say that I have been denied due to early filing once? Don't I need to mention that or maybe send a copy of the decision letter with my new application?
 
Hi everyone!
Huge thank you to @Sm1smom for so much helpful insight on the processes and replies to my questions. Thank you guys for creating the manual and timeline and doing that year after year - I am eternally grateful for this place. I would be so anxious all the time if I didn't have this forum, and didn't know that there are hundreds of people in the exact same boat as me.
My interview was 15 minutes later than scheduled. It was VERY casual. We joked a little in the process, went over all the questions in the form. It took about 15-20 minutes total. I didn't have to show him the letters I prepared from the employers. At the end he said that he intends to approve my case in the afternoon. Then he mentioned a local business that he is fond of in the Art scene of our city and asked if I am familiar with it, and I was, so we had a lil chat and he let me go!!
In 45 minutes I got a text about the card being produced!
That is my experience, from finding out I will have an interview yesterday, to being approved. After these last few years of idling I can finally start living my life, save money, make plans, and most importantly, go home and see my family. I still have a hard time believing it.
I wish everyone a lot of patience and hope that you all get a happy ending for this procedure!
 

Sm1smom

Super Moderator
Thanks! Our CN is current as of this month, i.e. May, so we're sending our AOS application asap - we didn't realize she didn't have her long form birth certificate until a couple weeks ago (smh).

If AOS based EAD takes 4-6 months, then I guess we will have to bite the bullet and pay for the renewal of her current E3D based EAD. And in that case, there's not really any point applying for an AOS based EAD!

Thanks again!
Oh! Totally lost sight of the 2019 in your original post - I thought I was responding to the 2020 AOS thread.

Even the E3 based EAD renewal will take more than 2 months - of course I don’t know if she’s allowed to keep working while waiting for the renewal approval.
 
Hello there, I have a question regarding the affidavit of support, According to the AOS spreadsheet, I have to include the W2 or 1099 along with a government ID of the sponsor. Reading the instructions for filling out the I-134 on the USCIS website tells me that the Sponsor also has to provide a bank statement from the sponsor and also a statement from the sponsor's employer. Are these documents crucial? or can I submit the package without them? I havent read anyone on the forum mentioning these specific documents.
 

Sm1smom

Super Moderator
Thank you Mom,

But then how should I say that I have been denied due to early filing once? Don't I need to mention that or maybe send a copy of the decision letter with my new application?
If you feel you must, then follow this guidance from the I-485 Form itself:

Answer Item Numbers 14. - 80.b. Choose the answer that you think is correct. If you answer “Yes” to any questions (or if you answer "No," but are unsure of your answer), provide an explanation of the events and circumstances in the space provided in Part 14. Additional Information.
 

Sm1smom

Super Moderator
Hi everyone!
Huge thank you to @Sm1smom for so much helpful insight on the processes and replies to my questions. Thank you guys for creating the manual and timeline and doing that year after year - I am eternally grateful for this place. I would be so anxious all the time if I didn't have this forum, and didn't know that there are hundreds of people in the exact same boat as me.
My interview was 15 minutes later than scheduled. It was VERY casual. We joked a little in the process, went over all the questions in the form. It took about 15-20 minutes total. I didn't have to show him the letters I prepared from the employers. At the end he said that he intends to approve my case in the afternoon. Then he mentioned a local business that he is fond of in the Art scene of our city and asked if I am familiar with it, and I was, so we had a lil chat and he let me go!!
In 45 minutes I got a text about the card being produced!
That is my experience, from finding out I will have an interview yesterday, to being approved. After these last few years of idling I can finally start living my life, save money, make plans, and most importantly, go home and see my family. I still have a hard time believing it.
I wish everyone a lot of patience and hope that you all get a happy ending for this procedure!
Very happy for you. :):) Congratulations
 

Sm1smom

Super Moderator
Hello there, I have a question regarding the affidavit of support, According to the AOS spreadsheet, I have to include the W2 or 1099 along with a government ID of the sponsor. Reading the instructions for filling out the I-134 on the USCIS website tells me that the Sponsor also has to provide a bank statement from the sponsor and also a statement from the sponsor's employer. Are these documents crucial? or can I submit the package without them? I havent read anyone on the forum mentioning these specific documents.
Several selectees have submitted their AOS package with precisely what is listed on the AOS process spreadsheet and were approved. You can decide on what to do for your case.
 
Several selectees have submitted their AOS package with precisely what is listed on the AOS process spreadsheet and were approved. You can decide on what to do for your case.
Thank you for your prompt reply. I understand what you mean, that's why I mentioned that I haven't read anyone else mention these statements. Its just that I was reading through the instructions and USCIS listed them as required documents (as seen in the screenshot.) Didn't want to miss anything before submitting. I'd like to ask
Have you heard of people getting RFEs for these documents? The thing is, asking for these documents will take time, I want to submit my documents as early as I can.
 

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Sm1smom

Super Moderator
Thank you for your prompt reply. I understand what you mean, that's why I mentioned that I haven't read anyone else mention these statements. Its just that I was reading through the instructions and USCIS listed them as required documents (as seen in the screenshot.) Didn't want to miss anything before submitting. I'd like to ask
Have you heard of people getting RFEs for these documents? The thing is, asking for these documents will take time, I want to submit my documents as early as I can.
Don’t you think the spreadsheet would have been updated accordingly if we know of anyone who has received a RFE as a result of following what is listed on the spreadsheet?
 
Hello again,

My CN will get current in July and I am going to do an early filing. I plan to do my medical exam tomorrow. If my petition get rejected I will have to do my medical again since it will be more than 60 days till first of July. Do you guys recommend taking it during the interview ?
Please enlighten me :D
 
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