DV 2019 AOS Only

[D3Zi]

I don’t know the source of the memo you got from your friend, so I really can’t speak to it. One of the tabs on the AOS process spreadsheet explains basis of AOS eligibility, so please refer to it.

Visa eligibility refers to the VB - it’s basically saying visa is available when the CN is current.

I already responded in a previous post to you, there’s nothing you can do in advance of your CN becoming current.

The AOS process spreadsheet is detailed enough without one needing to run from pillar to post and looking for guidance (which may not be accurate or applicable) all over the place! That is the same information other DV selectees with pending asylum petitions followed and were approved.

p.s. number your questions if you have more than one question in a post, makes referencing and answering them easier.

Thank you mom. My friend told me one of his friend who is a lawyer sent him that memo.
I will make sure to put number.
Thanks again

 

[D3Zi]

@D3Zi I’ll leave the AOS stuff to mom but just wanted to point out that if there is a “problem” with your husband’s case, it may prevent him from being able to adjust. It won’t affect you as you are principal, but your being principal does not somehow override any ineligibility he may have.

Thanks Susie!

 

[D3Zi]

Both you and your derivative’s immigration status will be looked into individually.

Like Susie notes above, if your immigration status clears and your husband’s doesn’t, your AOS petition will be approved while his own gets denied.

If you on the other hand are found in violation of your immigration status and your husband isn’t found in violation, both AOS petitions gets denied in this case. Your husband cannot be approved if you’re not approved.

Thanks for your response. Both of us applied for asylum when we still were on our visa. He came with tourist visa and before his visa being expired, he applied for it.

 

[Winner19]

Hello,
I did my Bio on Dec 31, 2018, and it's been 50 days and I haven't got my IL yet. I compared other cases that were handled by my FO from 2016 to 2018 and all of them received their IL within 40 days of doing Bio. I went to Infopass on Jan 15, 2019, and they told me that they are reviewing my case and I may get my IL within a month. And my FO is no longer accepting infopass.

1. Is there any way I can find why my case is not moving forward?

 

[Sm1smom]

Hello,
I did my Bio on Dec 31, 2018, and it's been 50 days and I haven't got my IL yet. I compared other cases that were handled by my FO from 2016 to 2018 and all of them received their IL within 40 days of doing Bio. I went to Infopass on Jan 15, 2019, and they told me that they are reviewing my case and I may get my IL within a month. And my FO is no longer accepting infopass.

1. Is there any way I can find why my case is not moving forward?

Give it a couple more weeks, then contact your Congress person’s office and request their assistance in following up on your case IF there’s still no IL in two wereks’ time.

 

[Dreamer11]

Hi,

I am in the process of filling out the i-485 and I noticed that on your spreadsheet it says that I'm supposed to use the 06/26/17 edition but I got the 12/13/17 edition. Can you please confirm that I am using the correct edition or if not where can I find the 06/30/2019 edition?

Thank you,

 

[Sm1smom]

Hi,

I am in the process of filling out the i-485 and I noticed that on your spreadsheet it says that I'm supposed to use the 06/26/17 edition but I got the 12/13/17 edition. Can you please confirm that I am using the correct edition or if not where can I find the 06/30/2019 edition?

Thank you,

The referenced form on the spreadsheet is outdated - need to update the info (thanks for pointing it out). Use the current edition on USCIS’s website with the expiration date of 6/30/2019

 

[Brown444]

1. Correct.

2. Makes no difference to I-485 processing time. The NBC process/adjudicates I-131 and I-765, FO adjudicates I-485.

3. See 2 above.

4. Your call. Plus see 1 above. Plus you’re already aware of what I wrote regarding those forms on the AOS process spreadsheet. So you decide if it’s worth it, especially considering the fact that H1B is a dual intent intent visa.

Thanks @Sm1smom! It is really good to know that I-485 and other forms are being processed separately.

About I-134 (Affidavit of Support): The spreadsheet says "Include W2 or 1099 and government ID of whoever filling out form I-134 for you".

In my case, I am not planning to get financial support from anyone (so as I understand, I will not need an I-134 from someone else).

1) I am employed, but my spouse and child are depending on me. My spouse doe not work. So, is it mandatory for me to fill an I-134 form (when I submit I-485) specifying that I will support my spouse and child?

2) Is there a risk of my spouse and child not getting adjustment of status, if I do not submit I-134 with I-485?

 

[Sm1smom]

Thanks @Sm1smom! It is really good to know that I-485 and other forms are being processed separately.

About I-134 (Affidavit of Support): The spreadsheet says "Include W2 or 1099 and government ID of whoever filling out form I-134 for you".

In my case, I am not planning to get financial support from anyone (so as I understand, I will not need an I-134 from someone else).

1) I am employed, but my spouse and child are depending on me. My spouse doe not work. So, is it mandatory for me to fill an I-134 form (when I submit I-485) specifying that I will support my spouse and child?

2) Is there a risk of my spouse and child not getting adjustment of status, if I do not submit I-134 with I-485?

1. No. It is understood you’ll be supporting them as your derivatives.

2. No.

 

[jimy ny]

Dear mom,

I have a letter from Human Resourses of my university which says i am a Graduate Assistant and my annual income is equal of 12,300$. I also have a bank statement which says i have 6,000$ in my bank account. Do you think these both together are enough as the financial documents?

 

[Sm1smom]

Dear mom,

I have a letter from Human Resourses of my university which says i am a Graduate Assistant and my annual income is equal of 12,300$. I also have a bank statement which says i have 6,000$ in my bank account. Do you think these both together are enough as the financial documents?

I don’t know. Your IO will make the necessary determination.

 

[Cuz]

Just wondering if the rejection for filling 2 months before number is current is still happening often or have they adapted to the process of people filing 2 months before by now. Just cautious about risking the rejection now if its prevalent to reject early filings still. Thankyou

 

[Cuz]

Are you able to apply for an EAD card when submitting your Adjustment of status of DV lottery so you can have some kind of work permit while waiting during the green card process, at what point can this happen if so?


Thanks so much

 

[Sm1smom]

Just wondering if the rejection for filling 2 months before number is current is still happening often or have they adapted to the process of people filing 2 months before by now. Just cautious about risking the rejection now if its prevalent to reject early filings still. Thankyou

On and off. More often off.

 

[Sm1smom]

Are you able to apply for an EAD card when submitting your Adjustment of status of DV lottery so you can have some kind of work permit while waiting during the green card process, at what point can this happen if so?


Thanks so much

Yes, form I-765 can be submitted with the AOS package. I recommend you actually go over the AOS process spreadsheet in order to be better informed.

 

[Cuz]

Yes, form I-765 can be submitted with the AOS package. I recommend you actually go over the AOS process spreadsheet in order to be better informed.

Sorry, I meant to give you more specifics to my question . Im on a current 0-1 visa and preparing to apply for AOS for my greencard DV win, however Ive heard that if you apply for an EAD (1-765) while processing you AOS , the current non-immigrant O1 visa becomes invalid as you have ended your non-immigrant status. Is that correct in your knowledge? I feel it would be silly to end a current visa in case there is an issue with the AOS so I should probably not apply for EAD?. Thanks so much again for all your advice and replies to us all. Youre a life saver!

 

[Sm1smom]

Sorry, I meant to give you more specifics to my question . Im on a current 0-1 visa and preparing to apply for AOS for my greencard DV win, however Ive heard that if you apply for an EAD (1-765) while processing you AOS , the current non-immigrant O1 visa becomes invalid as you have ended your non-immigrant status. Is that correct in your knowledge? I feel it would be silly to end a current visa in case there is an issue with the AOS so I should probably not apply for EAD?. Thanks so much again for all your advice and replies to us all. Youre a life saver!

What you’ve heard is not correct. Current EAD does not become invalid on the basis of submitting an AOS based EAD petition. That is why I suggested you spend some time and go through the AOS process spreadsheet. There’s more useful information there regarding the EAD card.

Go through the spreadsheet to be better informed!

 

[Lani123]

Hi,
I am DV lottery 2019 winner and I will be doing the AOS. I traveled to mexico and returned in the same day. When I enter the US, they did not seal in my passport. Will that be a problem?. When I download my recent I94 it was showing my previous entry not this one but showing this entry in the history. Is it ok to send the previous entry as most recent I94?.

 

[Sm1smom]

Hi,
I am DV lottery 2019 winner and I will be doing the AOS. I traveled to mexico and returned in the same day. When I enter the US, they did not seal in my passport. Will that be a problem?. When I download my recent I94 it was showing my previous entry not this one but showing this entry in the history. Is it ok to send the previous entry as most recent I94?.

Include whichever most recent I-94 you’re able to download.

 

[Maga]

Congratulations on your selection for DV 2019. This Thread is intended for selectees currently based in the US who wish to proceed with their selection by processing AOS (Adjustment of Status).

The AOS process may initially seem complicated and confusing; and you probably have a gazillion questions to ask. But before you start doing so, please take some time to go through the AOS Process Spreadsheet (link below). It has a step by step guide on DV based AOS process. If you have follow up questions AFTER going through the spreadsheet, then feel free to post them on this Thread.

DISCLAIMER:
The spreadsheet is a GUIDE based on collections of experience - it is not USCIS sanctioned (but definitely more detailed than any information you can get directly from USCIS - either in person or on the phone). You're still personally responsible for your own case at the end of the day.

Good luck!

Hi!,

I submitted the i485 per instructions,

1. i485 processing time are long per USCIS website. Is USCIS processing DV winners with priority as process ends in Sep2019?
2. Any advise for the follow up?

Thank you!