DV 2021 AOS Only

[anasmid2020]

Didn’t you state the payment package was still in transit as at Tuesday (4 days ago) and you’re already complying about no response from KCC?

Anyway, it is normal for the payment receipt to take about two months or more, it’s not even up to one month since you sent in your payment. Rather than rush into issuing another payment, exercise some patience, take a look at the timeline spreadsheet to get an idea of how long others have waited to get the payment receipt. In addition, you can check to see if your payment has been cashed.

The check was cashed on March 5 but no receipt yet and no response from KCC! In the AOS process mentioned 2 to 4 weeks.

 

[Sm1smom]

Hello Mom,
1. Don't we need to add copies of current and past I-20s for children? It is not listed in the AOS package (tab/page 6).
2. Can we just get online copies of the tax transcript or should we request IRS for a formal tax transcript?
3. For some reason my 2019 tax return has not been processed yet. Can I just include my tax return file instead?
Thank you,

1. Yes you can include them.
2. Of course you can, getting them online is always the first option.
3. You can, if you like.

 

[Sm1smom]

I have some questions about public charge now that it went back to the original rule. How do IOs decide whether an applicant who is still in graduate school as an F1 full-time student and so does not have a job is not likely to become a public charge? Assuming that no public benefit has ever been received, is it okay to show that money is regularly deposited in your account every month by your family and that it amounts to more than 125% above the poverty line? What about a bank letter that says that you have full access to a family member's bank account abroad in which there's a substantial amount of money?

What would an unemployed student have to show to satisfy the IO?

We’ve had cases of full time students who were unable to find someone to provide them with an I-134 proceeding with the financial documents used in obtaining admission/NIV, bank statements from parents/home countries, etc and they got approved. We’ve also had cases where the IO asked full time students to present an I-134.

 

[Sm1smom]

Hi Mom,

I have a question. As far as I could understand, we do not have to file I944 now. I also don't see anything that says we should submit our tax forms in USCIS website. But the "AOS Process and Documents" spreadsheet says that I have to put my tax files as supporting documents. I do not want to do that. Is it still required? Would it be okay if I do not add my tax forms as supporting documents?

Thank you!

No, the AOS process spreadsheet is not saying you or anyone have to put anything as part of their AOS package. The spreadsheet is full of recommendations (based on numerous past experiences) of what to do for a successful outcome. So no, you do not have to include your tax transcripts or any other documents the spreadsheet recommends as a matter of fact, you can stick solely to what is listed on USCIS’s website.

 

[Sm1smom]

Hi Mom,

Would it be possible that they would not need my tax forms? If I send my files without tax forms, can that be accepted or will they definitely look for tax files?

Thank you!

Please do exercise some patience before repeating your questions in another post.

On a side note, considering most applicants are eager to include their tax transcripts with their application (as this adds some positive weight to their application), why are you reluctant to include yours? Have you undertaken some unauthorized employment which you do not wish for USCIS to know about?

 

[Sm1smom]

Hi All, I am currently on F2 visa, enrolled in an online MS program as a half time student. The university offered me Graduate Assistantship to start this May.

My CN is EU12xxx, so I am considering early filing at near end of the March.

My question: Do you think I can apply for F1 visa concurrently with AoS application to be able to start working in May?

You can apply, it however is highly unlikely to be approved. And there’s no way such an approval can happen by May if you apply now.

 

[Sm1smom]

The check was cashed on March 5 but no receipt yet and no response from KCC! In the AOS process mentioned 2 to 4 weeks.

The 2-4 weeks on the spreadsheet is for under normal circumstances - this FY has been anything but normal hence the recommendation for you to take a look at this year’s timeline spreadsheet to get an idea of how long it has taken other people to receive theirs. Plus the 2-4 weeks listed on the spreadsheet refers to after the payment was cashed, so if your payment was cashed on Mar. 5th, you’re clearly under the two weeks threshold talk less of the 4. You mailed your payment on Feb. 24th, it is still not quite 4 weeks by the way.

 

[f1todv]

Please do exercise some patience before repeating your questions in another post.

On a side note, considering most applicants are eager to include their tax transcripts with their application (as this adds some positive weight to their application), why are you reluctant to include yours? Have you undertaken some unauthorized employment which you do not wish for USCIS to know about?

Hi Mom!

Thank you! And I am sorry, I couldn’t find my previous post, so I thought it was deleted somehow. That was the reason, but I should have been more clear.

It is similar to that. I didn’t do it intentionally, and didn’t earn money at all but my friend has done transactions on my account and they sent me self-employment tax form (I was trying to help him honestly).

I still did not send my forms but I do not want to show them to immigration office because even though I didn’t have unauthorized employment, it legally seems so. I am not sure what I should do at this point.

Thank you

 

[Sm1smom]

Hi Mom!

Thank you! And I am sorry, I couldn’t find my previous post, so I thought it was deleted somehow. That was the reason, but I should have been more clear.

It is similar to that. I didn’t do it intentionally, and didn’t earn money at all but my friend has done transactions on my paypal account and paypal sent me self-employment tax form (I was trying to help him honestly).

I still did not send my forms but I do not want to show them to immigration office because even though I didn’t have unauthorized employment, it legally seems so. I am not sure what I should do at this point.

(Should I also delete this post, is it possible for this post to create problems?)

Thank you

If that is the situation, then be prepared to explain to the IO like you just did here if the issue comes up. When it comes to immigration matters, being upfront is highly recommended as against trying to hide things, regardless of the reason for wanting to do so.

 

[f1todv]

If that is the situation, then be prepared to explain to the IO like you just did here if the issue comes up. When it comes to immigration matters, being upfront is highly recommended as against trying to hide things, regardless of the reason for wanting to do so.

I understand that. but I will be in my last year of my F-1 next year, and isn't it too risky to show the tax documents so that I can be easily deported?

 

[Sm1smom]

Sorry, Part 1 Question 6. "Class of Admission". Thank you Mom!

I understand that to mean status as at the time of admission into the US, and not the current status. Although I don’t think listing your current status would be wrong either.

 

[raphael1899]

We’ve had cases of full time students who were unable to find someone to provide them with an I-134 proceeding with the financial documents used in obtaining admission/NIV, bank statements from parents/home countries, etc and they got approved. We’ve also had cases where the IO asked full time students to present an I-134.

Thank you. Yes, unfortunately, I really don't know anyone in the US who could sponsor me with an I-134. I will make sure to bring all the financial documents I can think of to present a full picture of my situation.

 

[Sm1smom]

I understand that. but I will be in my last year of my F-1 next year, and isn't it too risky to show the tax documents so that I can be easily deported?

Myself and any other person providing immigration guidance in this forum can only tell you about what the correct procedure and expectations are. I can’t provide guidance on withholding pertinent information regardless of the outcome.

 

[f1todv]

Myself and any other person providing immigration guidance in this forum can only tell you about what the correct procedure and expectations are. I can’t provide guidance on withholding pertinent information regardless of the outcome.

I totally understand! Thank you, I just wanted to ask for your opinion, if you had one. Thank you very much for the information again!

 

[Jkarry]

Contact KCC and request they unlock your DS260 form. Once unlocked, update the address section with your home address outside the US. After re-submitting the DS260 form, inform KCC you wish to change from AOS to CP. You’ll need to make a new payment directly to the embassy when you get scheduled for your interview there.

Thank you so very much !

 

[justinchuenyen]

Cap Gap extension period is not a valid status, it simply doesn't allow someone in that situation to accrue an unlawful presence. You need to be in a valid status when you file for AOS.

Thank you for the confirmation.

I would also like to ask, if I happen to be in time to submit I-485 package before my F-1 OPT status expires, and receives the I-797 in time, would it be an issue if I then move onto H-1B cap gap extension?

This seems to affect many information on both the DS-260 and I-485 due to the status change, however I also understand the usual AOS process is generally accepted as long as it is submitted before the nonimmigrant status expires.

 

[Sm1smom]

Thank you for the confirmation.

I would also like to ask, if I happen to be in time to submit I-485 package before my F-1 OPT status expires, and receives the I-797 in time, would it be an issue if I then move onto H-1B cap gap extension?

This seems to affect many information on both the DS-260 and I-485 due to the status change, however I also understand the usual AOS process is generally accepted as long as it is submitted before the nonimmigrant status expires.

If you file and your AOS application has been accepted before F-1 OPT status expires, you’re deemed to have timely filed for AOS, which is not a problem.

 

[omgastro]

Is the field offie assigned based on mailing address or physical address?

 

[Sm1smom]

Is the field offie assigned based on mailing address or physical address?

USCIS has been inconsistent in this area. I believe it should be based on the physical address, we’ve had cases when the FO got assigned based on the mailing address, especially when both fall under two different States. A recent case is that of @LandOfTheFree who got assigned to their FO based on the mailing address

 

[FORESTWOOD]

Good Afternoon,
I just changed from CP to AOS and emailed KCC to notify them about this change. Do I need to request to have my previously submitted DS-260 unlocked, so I change my request from CP to AOS on that form as well? I have my medical exam scheduled for tomorrow and submitted the DV Administrative Fee on Friday. My case has been current since this month. I will go ahead and send my AOS package once I have gathered all of the necessary documents, however I will not wait for my 2NL to receive and plan to submit it during my interview (I want to send out my AOS package asap and not lose any time waiting for my 2NL). However if I understood correctly from your spreadsheet, that shouldn't be a problem?
My last question is in regards to the A-number, I previously had a B1/2, J1 and O-1 visa, per my knowledge this means I never applied for an immigrant visa and neither would have received an Alien Registration Number in the past. As an A number only gets issued for immigration applications, correct? Do I need to leave it blank or fill out N/A for the A-number line items?
Thank you