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DV 2020 AOS Only

Hi,

I have some questions:

1. The tax treaty is considered as a "public charge"?
2. If my number became current in April, and I can see it with the bulletin of March, and I have all the documents ready, can I mail it to USCIS, or should I wait the official publication of April bulletin to avoid "early filing"?
3. mail my documents and the one of my derivate in one envelope, all together is fine?

Thanks for your response
 
alessia878 said:
Hi,

I have some questions:

1. The tax treaty is considered as a "public charge"?
2. If my number became current in April, and I can see it with the bulletin of March, and I have all the documents ready, can I mail it to USCIS, or should I wait the official publication of April bulletin to avoid "early filing"?
3. mail my documents and the one of my derivate in one envelope, all together is fine?

Thanks for your response
Click to expand...

1. What tax treaty?
2. It’s really your call regarding whether to go the early filing route or wait until your “current month” and do regular filing.
3. Yes. Just be sure to separate each package.
 
Sm1smom said:
1. What tax treaty?
2. It’s really your call regarding whether to go the early filing route or wait until your “current month” and do regular filing.
3. Yes. Just be sure to separate each package.
Click to expand...
thanks mom,

for the point 2, if I understand good, it will be fine if I send the documents on February, after the publication of March bulletin, and my number will be current to another month, right?

In the past 2 year, I applied for tax treaty( for an agreement between USA and my country I didn't pay tax for 2 years) so I was wondering if that could be a problem.
 
Sm1smom said:
1. No, that wasn’t my experience. I didn’t go through SF FO for my process.
2. The 4-6 average time from the USCIS is not applicable to DV based AOS petitions.
3. You have access to both the old and current DV based timeline spreadsheets - use those to figure out the average processing time for your FO. Based on that, not just a single case, you should be able to figure out if your case is outside of the average processing time.
4. If you’re still within the processing time for your FO, trying to “get USCIS’s attention to your case is a waste of time.
5. I already provided you with guidance on how to follow up/get direct update from your FO - which is via congressional inquiry. You’ll need to contact your House of Rep and request they follow up with your FO on your case for status update because you believe your case is already outside the applicable processing time. I caution against utilizing this option if you’re still with the processing time frame.
Click to expand...

Thank you mom,
1, uppss I thought you did, sorry for the confusion I had.
2. thank you, mom, I contacted SF USCIS today and the rep who helped me, went ahead and made a service request coz she said it was beyond processing time (50 days as of today since my biometrics were done) today and asked me to wait 30 business days to hear something so I'm hoping at least now I will get something within a month.
3. I saw few had to wait as long as 5 months, so i need to practice more patience
4. I hope I didn't make any mistake by calling them today.
5. thank you mom, I will hold on to follow this process as per my understanding by now, doing this will just show my desperation to hear an update. I will take your caution.

Thank you,
 
It seems that new public charge rule may only negatively affect AOSers submitting their packages after Feb. 24th because all those who are following CP have already sent their only needed form which is DS-260. I wish AOSers could also sent their documents way before their case numbers become current.:(
 
RahulSingh1 said:
It seems that new public charge rule may only negatively affect AOSers submitting their packages after Feb. 24th because all those who are following CP have already sent their only needed form which is DS-260. I wish AOSers could also sent their documents way before their case numbers become current.:(
Click to expand...

I don’t think you understand the process. Form I944 is only applicable to AOS applicants. Any public charge considerations for CP applicants will be addressed at interview, not via any form.
 
SusieQQQ said:
I don’t think you understand the process. Form I944 is only applicable to AOS applicants. Any public charge considerations for CP applicants will be addressed at interview, not via any form.
Click to expand...
You mean all those CP applicants who are to be interviewed after Feb. 24th will also be affected by the new rule?
 
alessia878 said:
thanks mom,

for the point 2, if I understand good, it will be fine if I send the documents on February, after the publication of March bulletin, and my number will be current to another month, right?

In the past 2 year, I applied for tax treaty( for an agreement between USA and my country I didn't pay tax for 2 years) so I was wondering if that could be a problem.
Click to expand...

1. I can’t tell you if it will be fine or not - that’s why you have to make the decision on your own. Yes early filing is allowed, however we’ve seen cases of rejected packages or outright AOS denial due to early filing. That’s why I can’t give you the guarantee or reassurance you’re seeking. You’ll have to decide on your own if the risk is worth it or not.

2. What status are you on?
 
AOS2020 said:
Thank you mom,
1, uppss I thought you did, sorry for the confusion I had.
2. thank you, mom, I contacted SF USCIS today and the rep who helped me, went ahead and made a service request coz she said it was beyond processing time (50 days as of today since my biometrics were done) today and asked me to wait 30 business days to hear something so I'm hoping at least now I will get something within a month.
3. I saw few had to wait as long as 5 months, so i need to practice more patience
4. I hope I didn't make any mistake by calling them today.
5. thank you mom, I will hold on to follow this process as per my understanding by now, doing this will just show my desperation to hear an update. I will take your caution.

Thank you,
Click to expand...

Just a quick clarification for others reading this post - I believe OP contacted USCIS’s 1800 number - the general customer service rep number. There’s no publicly listed direct number for calling the FOs.
 
RahulSingh1 said:
You mean all those CP applicants who are to be interviewed after Feb. 24th will also be affected by the new rule?
Click to expand...

CPers will still need to overcome the public charge requirements when they show up for their interview. Prior document submission to KCC has nothing to do with public charge.
 
Sm1smom said:
Just a quick clarification for others reading this post - I believe OP contacted USCIS’s 1800 number - the general customer service rep number. There’s no publicly listed direct number for calling the FOs.
Click to expand...
Yes, I contacted USCIS 1800 number and ext 1, 1,2, 2, # to get hold of rep.
Thank you for clarification, mom.
just a quick question, do you think this was the right time to do so or I just showed them how impatient i am right now by making a service request .
 
AOS2020 said:
Yes, I contacted USCIS 1800 number and ext 1, 1,2, 2, # to get hold of rep.
Thank you for clarification, mom.
just a quick question, do you think this was the right time to do so or I just showed them how impatient i am right now by making a service request .
Click to expand...

I’ll have to say what I think at this point is irrelevant considering you’ve already raised the expedite request.
 
And here is another question:
I meet the requirement of self sufficiency, but because I had the tax treated, if I report in the form my W2 informations, look like that I didn't earn anything in the past 2 years.
Instead, can I just write the information of one of my dependents along with both of our employee letter? (that meet the requirement)
 
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