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DV 2020 AOS Only

I'll jump in here since I'm kind of in the same position.
As F1 students, you're not allowed to work until you graduate (with a certain exception of some usually low paid part time on-campus jobs or CPT during the summer). Personally, I'm working as a GA and therefor I have SSN, but that source of income is extremely low and I do rely on my parents support from the overseas.

Of course I have a full knowledge of how F1 works - possibility of a low-pay part time / CPT summer work should be a great incentive for a F1 student to apply for and get a SSN in advance of when they might need it. Not doing so is a wasted opportunity IMO, even if they do not plan on working because they’re well funded from home.

My question is - if I'm going to graduate with masters degree as Software Engineer in 9 months, isn't that going to be a proof enough of self-sufficiency? Meaning having an advanced degree in highly demand industry. What has been the practice so far, especially with F1 students regarding this issue? If you're not allowed to work here and have earnings while on F1 visa, than having low or non-existing US based income, shouldn't be a problem, right?

No that alone no longer constitutes enough proof - the requirements on the I-944 is what is now considered the acceptable proof. What’s to stop you from dropping out of school upon becoming a LPR? Not saying tha is what you would personally do, but that has happened in the past. People coming into US on a student visa, getting married or finding other means of becoming LPRs and subsequently dropping out of school. In the past, presenting an I-134 was enough to overcome denial based on the possibility of becoming a public charge, the I-944 is what has been introduced in place of that. So having a low or non-existing income because one is a student who isn’t allowed to work is not a winnable argument for overcoming public charge presumptions.
 
No that alone no longer constitutes enough proof - the requirements on the I-944 is what is now considered the acceptable proof. What’s to stop you from dropping out of school upon becoming a LPR? Not saying tha is what you would personally do, but that has happened in the past. People coming into US on a student visa, getting married or finding other means of becoming LPRs and subsequently dropping out of school. In the past, presenting an I-134 was enough to overcome denial based on the possibility of becoming a public charge, the I-944 is what has been introduced in place of that. So having a low or non-existing income because one is a student who isn’t allowed to work is not a winnable argument for overcoming public charge presumptions.
So, I'm kind of confused right now in terms what would be a winnable argument for overcoming public charge presumptions? Does this mean that having an income is not the most crucial piece of evidence that you can provide? The form itself is pretty confusing and incomplete in my opinion (no space to state your previous employment history for example or work experience) What I'm mostly concern about is being denied without even having a chance to discuss my case in an interview. Has that happened in the past?

And just to confirm - I-134 are not accepted anymore, correct?
 
So, I'm kind of confused right now in terms what would be a winnable argument for overcoming public charge presumptions? Does this mean that having an income is not the most crucial piece of evidence that you can provide? The form itself is pretty confusing and incomplete in my opinion (no space to state your previous employment history for example or work experience) What I'm mostly concern about is being denied without even having a chance to discuss my case in an interview. Has that happened in the past?

And just to confirm - I-134 are not accepted anymore, correct?

The form may be incomplete in your opinion, unfortunately your opinion is irrelevant to the US government. Previous work experience or employment history should already listed on the I-485, listing them on the I-944 is redundant and doesn’t proof one isn’t likely to become a public charge in the future, especially if the employment history is no longer applicable anyways - that source of income no longer exists.

How’s the I-944 used to make a public charge determination?
“Form I-944 is used to determine whether you are inadmissible to the United States under INA section 212(a)(4) because there is a likelihood that you will become a public charge at any time in the future. We evaluate whether you are inadmissible by weighing all the positive and negative factors related to your age, health, family status, assets, resources and financial status, education and skills, prospective immigration status and period of stay. We also consider a Form I-864, Affidavit of Support Under Section 213A of the Act, if you are required to submit Form I-864 as part of your adjustment of status application. For more information on Form I-864, see www.uscis.gov/i-864.”
I-944 Form Instruction

Note, an I864 is not applicable to DV based AOS petition, so an I-134 May be included in its place in this case (in addition to the I-944 of course), and hope the IO will give it a favorable consideration.
 
Hey guys,
My wife's case number is EU32xxx.
Now we are residing in the US and due to recent complications with traveling and immigration ban, we want to apply for AOS instead of CP.
I have read the AOS spreadsheet and it was super helpful.
However, I just have a few questions to make the steps really clear for me.
1. How do I initially transfer from CP to AOS. Should I write an email to KCC and tell them that now I want to go with AOS? (I submitted DS-260 in June and still haven't had a letter about confirmed documents. When I asked them a few weeks ago they gave a generic answer that it's still processing in the order of case numbers).
2. Regarding medical examination. The spreadsheet says to fill out form I-693. I see that form has most of the fields that are filled out by a surgeon. Does it mean I don't need to fill out it and I just need to find a surgeon and do the test and they will prepare it for me once I tell them to put a copy of it to the package?
3. Due to COVID-19, does anyone has any experience of whether these shots and exams can be done right now?
4. On AOS process page I see that fee is 330$, but on AOS package it's 1225$. Which one should I pay?
5. Regarding EOD (I-765), I'm on H1B visa and my wife doesn't have permission to work, so is it optional for us?
I think I'm more or less clear on other points and will be able to get the necessary information.
 
Hey guys,
My wife's case number is EU32xxx.
Now we are residing in the US and due to recent complications with traveling and immigration ban, we want to apply for AOS instead of CP.
I have read the AOS spreadsheet and it was super helpful.
However, I just have a few questions to make the steps really clear for me.
1. How do I initially transfer from CP to AOS. Should I write an email to KCC and tell them that now I want to go with AOS? (I submitted DS-260 in June and still haven't had a letter about confirmed documents. When I asked them a few weeks ago they gave a generic answer that it's still processing in the order of case numbers).
2. Regarding medical examination. The spreadsheet says to fill out form I-693. I see that form has most of the fields that are filled out by a surgeon. Does it mean I don't need to fill out it and I just need to find a surgeon and do the test and they will prepare it for me once I tell them to put a copy of it to the package?
3. Due to COVID-19, does anyone has any experience of whether these shots and exams can be done right now?
4. On AOS process page I see that fee is 330$, but on AOS package it's 1225$. Which one should I pay?
5. Regarding EOD (I-765), I'm on H1B visa and my wife doesn't have permission to work, so is it optional for us?
I think I'm more or less clear on other points and will be able to get the necessary information.

1. Contact KCC to inform them of planned change.
2. The medical form is pretty much straightforward and clear, it shows the sections an applicant has to fill and the section for the CS to complete. Please follow the instructions on the form.
4. Both fees are required, the first fee is the DV administrative fee which needs to be paid prior to AOS filing. The second fee is the AOS fee which must be included with the AOS package. Please spend some time to review the spreadsheet again to ensure you have a clear understanding of the process and what needs to be done when.
5. It is optional for everyone.
 
The form may be incomplete in your opinion, unfortunately your opinion is irrelevant to the US government. Previous work experience or employment history should already listed on the I-485, listing them on the I-944 is redundant and doesn’t proof one isn’t likely to become a public charge in the future, especially if the employment history is no longer applicable anyways - that source of income no longer exists.

How’s the I-944 used to make a public charge determination?
“Form I-944 is used to determine whether you are inadmissible to the United States under INA section 212(a)(4) because there is a likelihood that you will become a public charge at any time in the future. We evaluate whether you are inadmissible by weighing all the positive and negative factors related to your age, health, family status, assets, resources and financial status, education and skills, prospective immigration status and period of stay. We also consider a Form I-864, Affidavit of Support Under Section 213A of the Act, if you are required to submit Form I-864 as part of your adjustment of status application. For more information on Form I-864, see www.uscis.gov/i-864.”
I-944 Form Instruction

Note, an I864 is not applicable to DV based AOS petition, so an I-134 May be included in its place in this case (in addition to the I-944 of course), and hope the IO will give it a favorable consideration.
Should I-134 be included in the initial AOS Package as well, or should I have it with me in case of an interview?
 
Wonder if anyone had an experience of printing or ordering photo pictures during the COVID? The photo shop I used to take my visa pics is closed and so does Costco that some of my colleagues recommended. I checked Amazon photo print - seems they do not have the 2x2 size.
I am not very technologically advanced, but if anyone advises on how to perhaps use apps - would be appreciated. The issue of printing remains though. Thank you
 
Check your local drugstore.
Most of them have photo pickup (you need an app to print 2x2 in 6x7 size) and some even take passport pictures instore like CVS. But check if the service is still available these days.
 
In I-944, at the question "have you enrolled or will soon enroll in health insurance", do it hearts to say No justifying of maintenaing an emergency fund savings, or would it be safer to select " I will soon enroll"
In other therms, is it bad to not have health insurance from the USCIS stand point?

Thank you Capture d’écran 2020-04-26 à 15.24.32.png
 
For health insurance question Item D
"Item D. Indicate whether you have enrolled or soon will enroll in health insurance but your insurance coverage has not started yet. If you answer “Yes,” provide a letter or other evidence from the insurance company showing that you have enrolled in or have a future enrollment date for a health insurance plan. The letter or other evidence must include the terms, the type of coverage, that you are the individual covered, and the date when the coverage begins. "
I have an employer paid health insurance program. I have my insurance card (that does not specify beginning or end date), an annual memo from my employer describing the renewal of health insurance for 2020.
Do I need a letter from the actual health insurance company or would a letter from my company confirming my enrollment in their health insurance plan would suffice?

Not sure if I even have to answer this question since 15 A B and C ask everything about health insurance including other proofs like 1095B and proof of renewal.
 
Hi Sm1smom,

I'm the winner of dv2020 and currently in the US on non-immigrant visa. My wife, though, is back home. Due to Corona lockdown, I don't know if we will be able to travel till the end of DV lottery FY. Is there a way for us to go in parallel (I through AOS, she through CP)? Or we must go through interview together? Please help...

P.S. I'm the winner and main applicant, she is depndent
 
Wonder if anyone had an experience of printing or ordering photo pictures during the COVID? The photo shop I used to take my visa pics is closed and so does Costco that some of my colleagues recommended. I checked Amazon photo print - seems they do not have the 2x2 size.
I am not very technologically advanced, but if anyone advises on how to perhaps use apps - would be appreciated. The issue of printing remains though. Thank you
Got mine from walgreens yesterday
 
Hi Sm1smom,

I'm the winner of dv2020 and currently in the US on non-immigrant visa. My wife, though, is back home. Due to Corona lockdown, I don't know if we will be able to travel till the end of DV lottery FY. Is there a way for us to go in parallel (I through AOS, she through CP)? Or we must go through interview together? Please help...

P.S. I'm the winner and main applicant, she is depndent

What type of NIV status are you on and how long have you been in the US?
 
On F1 and in the US for almost 3 years.

Okay that’s good. You as the selectee appears eligible to process AOS alone. Your wife’s process on the other hand cannot begin until after your AOS petition gets approved. Your wife then will able to process follow-to-join via CP after your USCIS FO sends your approval case file to the US embassy with jurisdiction over where your wife lives. Both processed must be approved no later than Sept 30th, your wife’s FTJ process cannot extend beyond that date.
 
Okay that’s good. You as the selectee appears eligible to process AOS alone. Your wife’s process on the other hand cannot begin until after your AOS petition gets approved. Your wife then will able to process follow-to-join via CP after your USCIS FO sends your approval case file to the US embassy with jurisdiction over where your wife lives. Both processed must be approved no later than Sept 30th, your wife’s FTJ process cannot extend beyond that date.
Understood, thank you!!!

One more thing, and it is a silly situation (totally my fault). I missed the open enrollment for health insurance this year. Now I realize I need a health insurance to apply for AOS. Is there any out-of-market private plans that would be eligible for AOS process? May I get one before submitting i-485 that will not affect my eligibility for GC? Please help :(
 
Understood, thank you!!!

One more thing, and it is a silly situation (totally my fault). I missed the open enrollment for health insurance this year. Now I realize I need a health insurance to apply for AOS. Is there any out-of-market private plans that would be eligible for AOS process? May I get one before submitting i-485 that will not affect my eligibility for GC? Please help :(

I don’t know, that’s something you’ll have to figure out on your own.

Now some questions for you:
1. Is KCC aware you plan on processing FTJ?
2. Did you previously submit the DS260 forms for both yourself and your wife?
3. If yes to 2, which processing option did you select back then?
 
Hi Mom, I have a question about status,
I'm on an F-1 valid until 2023 and am now preparing my AOS package. I understand that if for some reason I don't get a GC, I would go back to my F-1 visa. In this scenario, my concern would be travelling, as I need to travel abroad for conferences and personal reasons. Provided that re-entering is at the officer's discretion, is it frequent that people would get stopped at the border? Would this affect the completion of my studies?
 
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