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DV 2020 AOS Only

asm_dv said:
Just as a backup my brother is submitting I-134 for me with my AOS (I485 and I944) package. My wife is my derivative. So, I know I need to submit separate I-944, and I485 for her.

Q: Do we need a separate I-134 for her as well?
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A copy of your I 134 can be included with her package
 
Daveid said:
Hi Mom,
Will we be able to request for change of address once we submit our AOS package? or is it reasonable to rent a PO Box from USPS and use it for communication with USCIS or KCC instead of changing address later on after AOS package submitted?

I am supposed to move to a different address by the end of May, i am concerned that if I would be able to ask for address change once i submit my application. thanks
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If you have a PO Box, you can list that as your mailing address - this ensures you don’t miss communications from USCIS after you move.

Moving to a new location after filing impacts AOS processing IF the new address falls under the jurisdiction of a FO different from that which a previous address falls under. That means USCIS will have to forward the AOS petition to the new FO with jurisdiction over the new address, this can often cause a significant delay
 
Daveid said:
Hi Mom,
Will we be able to request for change of address once we submit our AOS package? or is it reasonable to rent a PO Box from USPS and use it for communication with USCIS or KCC instead of changing address later on after AOS package submitted?

I am supposed to move to a different address by the end of May, i am concerned that if I would be able to ask for address change once i submit my application. thanks
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Sm1smom said:
1. Fill out new forms with the new address.
2. Chicago lockbox does not send an RFE if there’s an issue with a package, they simply reject and return it with a note.
3. See one above.

In general moving to a different address after sending in the AOS package is a bad idea, typically creates problems. Submitting an AR-11 often doesn’t address the problem, AOS notifications and letters still get sent to the old address resulting in missed appointments. You should have mentioned or asked about this prior to sending in your AOS package.
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2020AS00011xxx said:
Just for the future reference, I used P.O. Box address as my mailing address in item 13 of form I-485 and also in my form I-944. I got NOA letter in my P.O. Box without an issue.
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Answers to your questions was already in the thread just a couple of post above..
 
Hello mom can i get your opinion on this situation under the current circumstances.
1 asylee pending waiting for his interview applied for it while in his student status
2 won the lottery this year and his number is current now
3 not working at the moment studying for his medical licenses exams but no risk to get public benefits
4 my home country is banned in the extended travel ban due to not meeting the background security measures needed
So what's the hope for this case
 
Huzzah900 said:
Hello mom can i get your opinion on this situation under the current circumstances.
1 asylee pending waiting for his interview applied for it while in his student status
2 won the lottery this year and his number is current now
3 not working at the moment studying for his medical licenses exams but no risk to get public benefits
4 my home country is banned in the extended travel ban due to not meeting the background security measures needed
So what's the hope for this case
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Are you still maintaining your student status since filing for asylum?
 
Hello,

While completing my I-944 should I add my parents as part of the household since they provide more than 50% of financial support to me?
 
Hi Mom,

My case number was high, so I m only sending the KCC fee today, and I still have to do the CS exam.

I have seen in the spreadsheet feedback section that some people had sent their I485 without the KCC payment receipt or CS exam. In the curent situation, would it be smarter to send the i485 package right now and bring those two documents at the interview or would it increase the risk to much to have the package return? I just don't want to miss out and move as fast as possible... Thank you :)
 
Daveid said:
Hi Mom,
Thank you for all of your support and guidance.
My CN is current as others now, i am going to follow up whatever is on the spreedsheet that you have prepared. I hope everything would go smoothly.
ALso i have already made the payment for AOS fee and got the receipt. I wish everyone good luck as well.
THank you all.
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How long did it take for you to receive the KCC payment receipt, starting the day you mailed the money ? Thank you
 
Hello @Sm1smom

My situation:
- we are in the USA
- I am currently on L-1 grace period (was laid off two weeks ago)
- I have started AoS last summer as NIW, so I have EAD, but I have not used it, so I am still on "non-immigrant status"
- My wife was selected for DV-2020 which we considered as a back up, but now it might become the primary option (as it became current from June and I might not be able to find "similar to previous" job to satisfy NIW criteria)

Questions:
Q1: do you know if my wife can file AoS for her DV case if we are on L-1 grace period? I am aware that we need to pull out my NIW case first if we do that, but I am not sure if the grace period gives me the rights for AoS.
Q2: after the grace period is over we will automatically become "immigrants" with pending NIW AoS. Do you know if we can switch from NIW (my case) to DV (my wife's case)?

Many thanks for you help! Stay Safe!
 
Huzzah900 said:
No
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Ok. So while you may be in what is considered an authorized stay due to your pending asylum petition, you have no valid status to adjust from. DV Selectees with asylum pending status were routinely being approved until about 3 years ago (if memory serves me right) when it became like a dice toss due to some FOs and IOs strict interpretation and application of “lawful immigration status” as at the date of filing AOS. The only way to find out what your chances are is to apply, if you have the financial resources to do so.
 
Sm1smom said:
Ok. So while you may be in what is considered an authorized stay due to your pending asylum petition, you have no valid status to adjust from. DV Selectees with asylum pending status were routinely being approved until about 3 years ago (if memory serves me right) when it became like a dice toss due to some FOs and IOs strict interpretation and application of “lawful immigration status” as at the date of filing AOS. The only way to find out what your chances are is to apply, if you have the financial resources to do so.
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Thanks alot for your answer that's also my conclusion when i did some research about that topic i know about 2 cases like me one got approved and one didn't. ill file in today and hope for the best it seems i have alot of step backs also that my country is banned but also I have lived here for almost 5 yrs so security check should not be an issue
 
EU44K said:
Hello,

While completing my I-944 should I add my parents as part of the household since they provide more than 50% of financial support to me?
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Are your parents in the US and do they claim you as a dependent on their tax filing? If the answer to this question is a “yes” you’ll be their household member since they provide more Han 50% of your financial support and not the other way round.

In order for you to list your parents as members of your household, YOU have to be the one providing them with financial support and claiming them as dependents on your tax filings.
 
cocolebiker said:
Hi Mom,

My case number was high, so I m only sending the KCC fee today, and I still have to do the CS exam.

I have seen in the spreadsheet feedback section that some people had sent their I485 without the KCC payment receipt or CS exam. In the curent situation, would it be smarter to send the i485 package right now and bring those two documents at the interview or would it increase the risk to much to have the package return? I just don't want to miss out and move as fast as possible... Thank you :)
Click to expand...

This response provided to a similar question is applicable to yours also.
 
quiver80 said:
Hello @Sm1smom

My situation:
- we are in the USA
- I am currently on L-1 grace period (was laid off two weeks ago)
- I have started AoS last summer as NIW, so I have EAD, but I have not used it, so I am still on "non-immigrant status"
- My wife was selected for DV-2020 which we considered as a back up, but now it might become the primary option (as it became current from June and I might not be able to find "similar to previous" job to satisfy NIW criteria)

Questions:
Q1: do you know if my wife can file AoS for her DV case if we are on L-1 grace period? I am aware that we need to pull out my NIW case first if we do that, but I am not sure if the grace period gives me the rights for AoS.
Q2: after the grace period is over we will automatically become "immigrants" with pending NIW AoS. Do you know if we can switch from NIW (my case) to DV (my wife's case)?

Many thanks for you help! Stay Safe!
Click to expand...

Yes you guys can proceed with DV based AOS filings and you do not need to withdraw the pending NIW. Both petitions can proceed side by side until one gets approved.
 
I have gotten cashiers check today and sent it to DoS address to pay the DV administrative fee. Hope I will get the receipt back from them soon.

Now, proceed to the (fun :D) part of assembling the AOS package. I have no doubts I will have questions there :)
 
dear Sm1smom,

Brit Simon recommended me to contact you. I would appreciate your help, please.

I am a DV2020 lottery winner. I was scheduled for an interview at the Embassy but the interview got postponed. I am outside the U.S. My spouse is in the U.S. on L1 visa. Do you think I can apply for an L2 visa, travel to the U.S. and apply for the adjustment of status?

In other words, can I travel after the Executive order and apply for AOS, or is it mandatory to be in the U.S. before the Executive Order to apply for AOS?


Your feedback would be very much needed, please. We really need your support. Thank you!
 
hi ,

ı have sent my aos package at February and ı have done already with my fingerprints at march 12 since then ı was waiting for my interview to be schedule but cuz of pandemic issue uscıs office has been close so ı didnt received any letter since my fingerprint.
1. ıs there anything to do now or do ı need to just wait until uscıs offices are open again.
2. if uscıs offices wont open until September is it gonna affect us what do u guys think

thanks for help.
 
Snow Drop said:
dear Sm1smom,

Brit Simon recommended me to contact you. I would appreciate your help, please.

I am a DV2020 lottery winner. I was scheduled for an interview at the Embassy but the interview got postponed. I am outside the U.S. My spouse is in the U.S. on L1 visa. Do you think I can apply for an L2 visa, travel to the U.S. and apply for the adjustment of status?

In other words, can I travel after the Executive order and apply for AOS, or is it mandatory to be in the U.S. before the Executive Order to apply for AOS?


Your feedback would be very much needed, please. We really need your support. Thank you!
Click to expand...

L1 is a dual intent visa, which means a preconceived immigrant intent is allowed (this by extension applies to L2 as a derivative). The EO says nothing about being in the US prior to its effective in order to file AOS. So if you already have your L2 visa, I don’t suppose that will be an issue. (By the way, I purposely started my response by if you already have the L2 visa, you could enter to process AOS because of others who may be reading this - my above response is with regards to a dual intent visa, not just any NIV).

However, I see a couple of potential issues here:
1. You don’t currently have your L2 visa in this case you, you’ll have to apply for it when the embassy reopens (or is your US embassy currently open and processing NIV?) So there’s the time it will take to obtain the L2. What’s the possibility the EO wouldn’t already be over with a new interview date in place by the time you get your L2? Plus it’s not like being issued with a L2 is a forgone conclusion.
2. Your KCC file is already at the embassy considering you were already scheduled for an interview which got postponed due to the closure, that introduces some additional complications. You’ll need to convince KCC to retrieve your case file from KCC and forward it to whichever USCIS FO will have jurisdiction over your AOS petition (if you end up coming into the US and filing it), or maybe even work directly with the embassy in requesting the file transfer - so there’s the additional delay here also.

Those are my thoughts for now.
 
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