Sm1smom
Super Moderator
Yes.
DV 2020 AOS Only
- Thread starter Sm1smom
- Start date
Yes.
thank you mom for your prompt support,
wow, in that case, i am awaiting my receipt of dv fee payment but i already have my 2NL and i didn't even submit my DS-260.
For clarity,,
Heres what happened ,, thats the email i sent to KCC and got a response that i posted question about, awhile ago ..
My name is ...... and I am writing in regard to the DV fee payment for Adjustment of Status to Department of State, Diversity Visa Program, PO Box 979079, St. Louis, Missouri 63197-9000 for $330.00 on 09/18/2019, check cleared on 09/25/2019. I am a selectee for the 2020 DV program and I made a fee payment via USPS along with a self-addressed envelope included.
I called KCC today dated 10/03/2019 to get an update on my receipt as I understand the standard wait time is 2-3 weeks but I called just to make sure that I did the self-stamped envelope correctly with a hope of not losing the mail in the air because of my error since the envelope is addressed from me to me having used the USPS own account, I thought I did not do it correctly.
But after a conversation with KCC personnel, it came to our concern that according to KCC there is no update on the payment made and cleared on my file on record. I have attached a copy of the check with a cleared stamp received from the bank today. Please find the attached and as a reference, I have also attached a copy of the form that was sent to the Department of State along with cashiers check for DV fee payment.
RahulSingh1
Member
Thank you for your response.
But here is the thing.
Form I-134 is the Affidavit of Support that's used for temporary or “non-immigrant” visitor visas. Form I-864 is the Affidavit of Support that's used for permanent or immigrant visas.
What should I do?
SusieQQQ
Well-Known Member
Common concern but it is indeed I134.
Official instructions, I864: https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf?download=1
Who Needs to Submit Form I-864?
The following immigrants are required by law to submit Form I-864 completed by the petitioner to obtain an immigrant visa overseas or to adjust status to that of a lawful permanent resident in the United States:
1. All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S. citizens 21 years of age and older);
2. All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens 21 years of age and older); and
3. Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition.
Clearly... not DV applicants.
However the instructions for i134 https://www.uscis.gov/system/files_force/files/form/i-134instr.pdf?download=1 say
Form I-134 may be used in any case in which the foreign national is inadmissible on public charge grounds, but in which he or she is not required to have Form I-864 filed on his or her behalf.
For those embassies that detail DV requirements it is also clear i134 is the correct form for example
Page 6 https://tr.usembassy.gov/wp-content/uploads/sites/91/DV-Instructions-EN.pdf
Page 2 https://photos.state.gov/libraries/sri-lanka/5/pdfs/Check_list_for_Diversity_Visa_applicants.pdf
Sm1smom
Super Moderator
An I-1864 cannot be used for overcoming a public charge perception in diversity visa lottery. What you need is the I-134.
(U) Use of Form I-134, Affidavit of Support:
(a) (U) Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864 for so many classes of immigrants, the use of Form I-134, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 may be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.
(b) (U) If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:
(i) (U) Returning resident applicants (SBs);
(ii) (U) Diversity visa applicants (DVs); and
(iii) (U) Fiancé(e)s (K-1s or K-3s).
9 FAM 302.8 Public Charge
Sm1smom
Super Moderator
This post:
Was in response to this comment:
Why the surprise about receiving 2NL because you’re yet to submit your DS260 form when the exception which you just experienced was already explained?
SusieQQQ
Well-Known Member
Aha, I was sure there must be a simpler way than the route I went !
oh,, ok,, i meant i wasnt surprised that i received my 2NL, i was surprised because i have not received my receipt yet and have my 2NL (the order of it)?
in this case do you think this email will work as a receipt for me or do i need to ask KCC to email me the receipt as well?
thank you
Sm1smom
Super Moderator
The email WILL NOT work as a receipt.
RahulSingh1
Member
Thank you for your clarification.
Do I need to include form I-134 in my AOS package or I just need to have it in my interview in case the officer asks me for?
Sm1smom
Super Moderator
My recommendation is to to include it in the AOS package.
Sm1smom
Super Moderator
It is early filing regardless of if you mention it or not.
RahulSingh1
Member
Including unsolicited documents in my package isn't a ground of rejection?
Sm1smom
Super Moderator
You keep questioning what you’re being told here like someone is trying to sabotage and lead you astray. I suggest you actually go through the AOS process spreadsheet, then go through some of the past AOS threads to read about the stories of selectees who followed both the suggestions the spreadsheet and the guidance they received from this forum during their AOS journey.
Sm1smom
Super Moderator
Hello
I apologize if people asked this already.
I’m in USA on expired F1 visa d/s
My CN is 35*** and I have chosen AOS.
Reading your forum I realized that it’s impossible
could you tell me if Its still possible to change AOS to CP please?
Yes it is possible to switch from AOS to CP. You’ll need to email KCC and inform them you wish to switch AOS to CP and provide them with your home address in your country.
How long have you been out of status and have you been working in the US and filing taxes since being out of status?