DV 2019 AOS Only

Sm1smom

Super Moderator
Hay i have same situation like you, thou it seems evidence of financial support is not required for DV selectee filling I-485, i read one of the post of a successful person on this forum he said he went with I-134 but the officer didnt want it. Check on this attached I-485 instruction from the USCIS document. So we should be good even without I-134. Try ur level best to read the instructions documents from USCIS for each form ur filling they have useful information either. Regards an best wishes.
So you assume I’m not aware of what is written on the I-485 form instructions (which is wrong by the way). You think the advice I provide asking people to prepare/provide financial documents is just meant to stress them out?

My initial instinct was to ignore this rather misleading post, but for the sake of those who decide to rely on what it says and are likely to get caught off guard (due to lack of inadequate preparation that they could have done otherwise), I decided to respond with links to at least two cases from the DV2018 AOS Thread where evidence of financial support were requested:

Interview Letter explicitly asks for an I-134 to be presented

Main selectee requested to complete an I-134 for spouse - while this is an unusual situation, it clearly supports the fact that the IO can request for an I-134 (and they clearly should if there’s concern about someone’s likelihood of becoming a public charge).

The IO’s refusal to collect an I-134 “one” selectee you’ve read about is no conclusive proof that document is not required. You need to be aware of the fact that each petition is dealt with on an individual basis, each FO/IO’s treatment of the petition they process is intuitive. There are other DV based AOS petitions outside of the two listed above where the I-134 also played a prominent role in their approval just so you know.
 

Britsimon

Super Moderator
Hay i have same situation like you, thou it seems evidence of financial support is not required for DV selectee filling I-485, i read one of the post of a successful person on this forum he said he went with I-134 but the officer didnt want it. Check on this attached I-485 instruction from the USCIS document. So we should be good even without I-134. Try ur level best to read the instructions documents from USCIS for each form ur filling they have useful information either. Regards an best wishes.
Good grief. Please be careful to not post really bad information, based on your lack of understanding.
 
So you assume I’m not aware of what is written on the I-485 form instructions (which is wrong by the way). You think the advice I provide asking people to prepare/provide financial documents is just meant to stress them out?

My initial instinct was to ignore this rather misleading post, but for the sake of those who decide to rely on what it says and are likely to get caught off guard (due to lack of inadequate preparation that they could have done otherwise), I decided to respond with links to at least two cases from the DV2018 AOS Thread where evidence of financial support were requested:

Interview Letter explicitly asks for an I-134 to be presented

Main selectee requested to complete an I-134 for spouse - while this is an unusual situation, it clearly supports the fact that the IO can request for an I-134 (and they clearly should if there’s concern about someone’s likelihood of becoming a public charge).

The IO’s refusal to collect an I-134 “one” selectee you’ve read about is no conclusive proof that document is not required. You need to be aware of the fact that each petition is dealt with on an individual basis, each FO/IO’s treatment of the petition they process is intuitive. There are other DV based AOS petitions outside of the two listed above where the I-134 also played a prominent role in their approval just so you know.
Very sorry for incompetent information I just shared, I didn't have any bad intentions thou. Thankfully i just did that cause you saved my ass off from the clarification you just did. Very sorry again
 
Hi Mom:

I am currently preparing the AoS folder and plan to file the package as soon as possible (my CN is EUXXX). I started to fill out the DS-260 in June 2018, but did not submit it back then, because my employer was also filing a petition for an O1-based working permit on my behalf during that time. Recently, the O1 visa application was approved and my status was changed (w/o consular processing) from J1 to O1, respectively.

Thus, I wanted to finish and submit the DS-260, but the CEAC said that my case number is currently not available. Hence, I contacted KCC, where I was told that I need to make the payment for the DIV AoS fee first. Two weeks after I send the check to DoS, I received the 'Diversity Visa Adjustment Letter' from KCC and the confirmation of my fee payment. However, I still cannot access the DS-260.

I have now the following questions and hope you will find the time to help me out:
1 - Is the 'Diversity Visa Adjustment Letter' the 2NL? If so, I am wondering if ...
2 - ... the DS-260 is mandatory for my case? Of course, I will contact KCC again, but I do not have great hopes that the DS-260 will be unlocked anytime soon (a similar case was described by user Mars at britsimonsays.com/dv2019-basic-questions). Since my CN was already effective in October, I am not sure whether I should wait any longer or just go ahead with sending the AoS package...
3 - I do have an O1-based working permit which is valid for 3 years. Do I still need to file an I-765 to remain employed while the AoS application is pending?
4 - If the AoS may not be processed in time, will I lose my O1-based working permit?
5 - Regarding my change of status (J1 to O1) and the section Recent Immigration History of the I-485: I arrived in the US with a J1, but my current status is O1. Thus the visa stamp in my passport is referring to the J1, but my most recent I94 is referring to the O1. I guess that section 15-22 asks for information about the J1/DS-2019, while section 23-25 asks for information about the O1?

Thanks, again, for taking your time and for your response!
 
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Seems like an infopass isn't the hardest thing to ask for over the phone. I just told her my story and pretty much asked nicely. She said that she notified the FO and to wait for them to call me with an appointment time, which will be some time next week as they are closed tomorrow. I guess they can't go as far as scheduling dates / times.

Not sure what tier she was but I definitely wasn't transferred to anyone nor was I given any hassle for asking for an Infopass.
 

Sm1smom

Super Moderator
Hi Mom:

I am currently preparing the AoS folder and plan to file the package as soon as possible (my CN is EUXXX). I started to fill out the DS-260 in June 2018, but did not submit it back then, because my employer was also filing a petition for an O1-based working permit on my behalf during that time. Recently, the O1 visa application was approved and my status was changed (w/o consular processing) from J1 to O1, respectively.

Thus, I wanted to finish and submit the DS-260, but the CEAC said that my case number is currently not available. Hence, I contacted KCC, where I was told that I need to make the payment for the DIV AoS fee first. Two weeks after I send the check to DoS, I received the 'Diversity Visa Adjustment Letter' from KCC and the confirmation of my fee payment. However, I still cannot access the DS-260.

I have now the following questions and hope you will find the time to help me out:
1 - Is the 'Diversity Visa Adjustment Letter' the 2NL? If so, I am wondering if ...
2 - ... the DS-260 is mandatory for my case? Of course, I will contact KCC again, but I do not have great hopes that the DS-260 will be unlocked anytime soon (a similar case was described by user Mars at britsimonsays.com/dv2019-basic-questions). Since my CN was already effective in October, I am not sure whether I should wait any longer or just go ahead with sending the AoS package...
3 - I do have an O1-based working permit which is valid for 3 years. Do I still need to file an I-765 to remain employed while the AoS application is pending?
4 - If the AoS may not be processed in time, will I lose my O1-based working permit?
5 - Regarding my change of status (J1 to O1) and the section Recent Immigration History of the I-485: I arrived in the US with a J1, but my current status is O1. Thus the visa stamp in my passport is referring to the J1, but my most recent I94 is referring to the O1. I guess that section 15-22 asks for information about the J1/DS-2019, while section 23-25 asks for information about the O1?

Thanks, again, for taking your time and for your response!
Is your J1 subject to a 2 year home stay requirement? If it is you’ll not be able to successfully process your DV selection without a waiver.

To your actual questions:
1. AOS 2NL is the email with attachment AOSers typically receive following DS260 form submission.

2. Yes it is. DS260 submission is not mandatory for AOSers but it is highly encouraged though. You should go ahead and submit the AOS package without further delay. You can also circle back to KCC letting them know you’ve already made the AOS payment to enable you complete and submit the DS260 form.

3. Only if you plan on leaving your current employer and work with a new/different one while AOS is pending.

4. You don’t loose your current status if you never used an AOS based EAD and/or AP card while your AOS petition is pending.

5. 21-24: J1 information. 24-25: O1
 
I had my interview today. The officer asked for my DL, SSN, passport I entered US with, my H1B approval, He went over the whole i485 form question by question and he asked me about my employment. I had my contract, my paystubs, and my 2018 w2, however he said he needed a letter mentioning "currently" working for the company. My contract had starting date, my title and my salary in it, but the office said he is not finding the word currently, so he gave me a fax number to send that letter to by the end of today, I contacted my HR, and they provided me the exact letter, and I faxed to the officer, however my case is not being updated yet. Also, he told me in case I cannot get it done by today, I can drop off by Tuesday and provide. Anyway if my case is not updated by the end of today, I will anyway go and drop it off in person as well. ...
 

Sm1smom

Super Moderator
I had my interview today. The officer asked for my DL, SSN, passport I entered US with, my H1B approval, He went over the whole i485 form question by question and he asked me about my employment. I had my contract, my paystubs, and my 2018 w2, however he said he needed a letter mentioning "currently" working for the company. My contract had starting date, my title and my salary in it, but the office said he is not finding the word currently, so he gave me a fax number to send that letter to by the end of today, I contacted my HR, and they provided me the exact letter, and I faxed to the officer, however my case is not being updated yet. Also, he told me in case I cannot get it done by today, I can drop off by Tuesday and provide. Anyway if my case is not updated by the end of today, I will anyway go and drop it off in person as well. ...
Please update the spreadsheet with your ASC and FO - without those, the rest of the update is of little to no use to others, especially for someone else from your FO who may be facing some unusual delay.
 

Sm1smom

Super Moderator
Hello all,

Do i have to have the original one of my high school diploma at the interview date OR a certified translated copy of it is enough?
You need both the original and a translated copy with a certified statement attesting to the translator’s fluency in both English and the foreign language if the original is not in English.
 
The translator that i used to translate my documents made a copy of original document and put a stamp on it which is says "certified to be a true and correct copy of the original and agree therewith in every respect". So, the diploma that i have is included the translated diploma in one page and a certified copy of its original form with stamp on it in another page. is it really necessary to provide the original one at the day of interview? Because in this case i should ask my parents to mail me the original one from overseas which is sounds illogical. Because who mail this kind of important document from overseas?!!!
 
@jimy ny , usually when people settle elsewhere they bring important documents with them. If it’s the actual mailing process you’re worried about, use a courier company.
Your respond is really correct. But i came here for study purpose with a F1 visa. I never knew i am gonna win this delightful lottery!!! That being said i brought all of my other important documents with myself from overseas. like identification documents. I already had given a translated form of my educational documents to my US university for admission purposes. So i saw no reason to bring all that original important documents, my high school diploma my bachelors diploma and my masters diploma to a foreign country.

dont you have any idea for me to feel safe to mail these kind of important documents? Because just in case the mail get lost in its way, I should kill myself for this lost. Because this will jeopardize my DV lottery case. Plus getting a second one of these original documents lead me to spend lots of time and money in my home country.
 

SusieQQQ

Well-Known Member
dont you have any idea for me to feel safe to mail these kind of important documents? Because just in case of the mail get lost in its way, I should kill myself for this lost. Because getting a second one of these original documents lead me to spend lots of time and money in my home country.
I said already, use a courier company. Or you can fly back and get it yourself, but fedex etc will be a lot cheaper.
 
So it turns out that infopass isn't as easy as it seemed. A guy rang me up yesterday and pretty much told me I couldn't have one. Oh well.

Mom I'm wondering if you know what might be going on with my i-131. The online status says I need to follow the instructions that I received, but the notice of action doesn't give any instructions, only that it has been received. Is this normal?

I remember when we did the ead for my wife, that status went to something like "transferred to the Vermont service centre." I was thinking that both the ead and the ap is processed by the service centres, so was thinking that we should see a similar status.
 
I said already, use a courier company. Maybe mom can be more specific about AOS, but certainly for consular interviews you need to present original documents. Or you can fly back and get it yourself, but fedex etc will be a lot cheaper.
Yes. i understand. I appreciate ur respond. it is what it is. It seems i have no other choices. i should use international mail system. Hopefully i will be fine.
 

Sm1smom

Super Moderator
So it turns out that infopass isn't as easy as it seemed. A guy rang me up yesterday and pretty much told me I couldn't have one. Oh well.

Mom I'm wondering if you know what might be going on with my i-131. The online status says I need to follow the instructions that I received, but the notice of action doesn't give any instructions, only that it has been received. Is this normal?

I remember when we did the ead for my wife, that status went to something like "transferred to the Vermont service centre." I was thinking that both the ead and the ap is processed by the service centres, so was thinking that we should see a similar status.
EAD and/or AP card processing time is currently about 5 to 7 months, which often makes it a useless piece of document (even when processing time was around 3 months) for most DV based AOSers who applied for it/them - most get the card on or just before they get their GC The online message is irrelevant, what matters is the final card production/receipt.
 
Thanks, another question, if you don't mind :)

Thanks to a combination of dumb decisions I have made, our personal deadline for something to come through is about the 26th of March. I know there is still a lot of time for it to work out but I'm still trying to make a plan, in case Chicago is having a particularly slow year.

If nothing comes through by then:
1. Could we reenter on our E3's and stay for the rest of their duration? I understand this will abandon the application.
2. If it was to come down to the wire and we were to have a successful interview just before this time, would it be ok / legal to have someone post us our green cards when they arrive, so we could use them to get back in?

Thanks.
 

Sm1smom

Super Moderator
Thanks, another question, if you don't mind :)

Thanks to a combination of dumb decisions I have made, our personal deadline for something to come through is about the 26th of March. I know there is still a lot of time for it to work out but I'm still trying to make a plan, in case Chicago is having a particularly slow year.

If nothing comes through by then:
1. Could we reenter on our E3's and stay for the rest of their duration? I understand this will abandon the application.
2. If it was to come down to the wire and we were to have a successful interview just before this time, would it be ok / legal to have someone post us our green cards when they arrive, so we could use them to get back in?

Thanks.
1. Possibly yes.

2. If there’s no approval after the interview, it means the card would have been erroneously issued by USCIS, regardless though, their validity will most likely come under close scrutiny years down the road, especially when you apply for citizenship. For as long as the case wasn’t approved prior to departure from the US, the petition is considered abandoned upon departure.
 
I just wanted to confirm that everything will continue running for us as per normal given the government shutdown. Reading the comments, it seems people are still being interviewed and I also found this statement:

"U.S. Citizenship and Immigration Services (USCIS) made clear in its official statement that the shutdown “does not affect USCIS’s fee-funded activities. Our offices will remain open, and all individuals should attend interviews and appointments as scheduled.”"

But I still wanted to triple check that all of this is correct and the government shutdown will not affect any of our green card processing?
 
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