DV 2021 AOS Only

[Sm1smom]

Hello mom,
One more question if you allow. Is applying for the asylum EAD without applying for TPS not a good idea too?
Many thanks

I don’t provide guidance on asylum or TPS based process. However, I can tell you once you use an asylum based EAD card to work, your status automatically becomes asylum pending, which means you no longer have a valid status to adjust from. This is why I stated over and over in my previous response the need for you to maintain your current valid status, which in your case is your F1 status. You cannot file for AOS if you have no valid status regardless of if you have some other pending petition.

 

[zagakhal]

I don’t provide guidance on asylum or TPS based process. However, I can tell you once you use an asylum based EAD card to work, your status automatically becomes asylum pending, which means you no longer have a valid status to adjust from. This is why I stated over and over in my previous response the need for you to maintain your current valid status, which in your case is your F1 status. You cannot file for AOS if you have no valid status regardless of if you have some other pending petition.

Thanks a lot again for taking the time to respond to me!

 

[jewelmerit1995]

1. No, the 8834 does not serve the same purpose an IRS tax return does for immigration purpose. The tax return is one of the documents used in not only determine if taxes are being filed but to also show earned income and to help in overcoming public charge. Form 8834 is basically an exemption form, provided no help to immigration filing.

2. Your CN is low enough (assuming you’re not chargeable to Egypt), likely to become current in the first 3 to 4 months of the FY. My recommendation will be to suspend your trip until after your GC approval which will be sometime in 2021. My take is you’ve already waited for 4 years to see your family, a few more months of waiting wouldn’t hurt. Plus I recall reading in one of your previous posts, your current visa stamp is expired or close to expiring, which means if you travel now, you’ll need a new visa stamp. There’s no guarantee the embassy will issue you with a new F1 visa, especially with your current DV selection, you don’t want to take unnecessary risks and find yourself stuck outside the US.

3. Immigrant intent is considered demonstrated by the submission of either the DS260 or AOS form.

Clear as water, thank you Mom!

 

[Adam15]

I have never been convicted, so I do not have any Court and Prison record.

Do I need a document that states that I have never been convicted? (there is such a document in my country)
If yes, how many months before the interview I can obtain it?

 

[JuanPB]

Depends what you mean by “simple“. It’s not as simple as either a straightforward AOS or straightforward CP case. It’s fairly simple if everything works the way it should, though. You go to your AOS interview (obviously indicating that she will follow to join); once you are approved for a green card, then you have to request uscis for the case to be sent to the embassy/consulate where your future wife will interview. She may then need to contact them to set up an interview - they may proactively contact her but it’s not something you can rely on, this is definiteiy a process you will need to stay on top of, especially if you interview later in the fiscal year, and if it’s a busy consulate that is not easy to get interview slots at. (Remember that with AOS, even with a low case number you may not get an interview early in the fiscal year, depending how your FO handles DV cases.)

^ if there was anything I didn’t get quite right there I’m sure mom will correct it!

Thanks SusieQQQ for your response and mom for the ratification. Also apologies in advance to BritSimmons because I asked a similar question in his site before realizing you followed up here.

But anyway, the CP+AOS option for me and my future spouse seems a bit too complicated and it is looking like CP for both would actually be better. Since I am in the USA currently with a non-immigrant visa, how late through the process could I stay here? I understand I'll have to relocate to interview in our home country, but can I file and stay around until then?

Thanks again to all the amazing moderators and contributors to this forum. I very much hope life treats you with the same consideration and goodwill that you display in here.

 

[SusieQQQ]

Thanks SusieQQQ for your response and mom for the ratification. Also apologies in advance to BritSimmons because I asked a similar question in his site before realizing you followed up here.

But anyway, the CP+AOS option for me and my future spouse seems a bit too complicated and it is looking like CP for both would actually be better. Since I am in the USA currently with a non-immigrant visa, how late through the process could I stay here? I understand I'll have to relocate to interview in our home country, but can I file and stay around until then?

Thanks again to all the amazing moderators and contributors to this forum. I very much hope life treats you with the same consideration and goodwill that you display in here.

you could indeed, you really only need to be back there for the medicals, interview, and wait for visa to be returned. Depending on the country and assuming no complication, this could take anywhere from 2-4 weeks.

 

[JuanPB]

you could indeed, you really only need to be back there for the medicals, interview, and wait for visa to be returned. Depending on the country and assuming no complication, this could take anywhere from 2-4 weeks.

Thanks, SusieQQQ! Truly the most helpful community in the whole internet right here. So according to this and all the info I have studied on the process, as soon as my number is current my interview would be happening shortly after. So the wiggle room I have here is that I can decide to file my DS260/CP petition anytime after my number is current. For example if my number is current in november, but I want to stay in the US until end of the year, I can still wait until January 2021 to file and go to my country of origin then as required by the medical/interview.

 

[Sm1smom]

Thanks, SusieQQQ! Truly the most helpful community in the whole internet right here. So according to this and all the info I have studied on the process, as soon as my number is current my interview would be happening shortly after. So the wiggle room I have here is that I can decide to file my DS260/CP petition anytime after my number is current. For example if my number is current in november, but I want to stay in the US until end of the year, I can still wait until January 2021 to file and go to my country of origin then as required by the medical/interview.

This thread is reserved for discussion AOS related questions. Post CP related questions here

 

[SusieQQQ]

Thanks, SusieQQQ! Truly the most helpful community in the whole internet right here. So according to this and all the info I have studied on the process, as soon as my number is current my interview would be happening shortly after. So the wiggle room I have here is that I can decide to file my DS260/CP petition anytime after my number is current. For example if my number is current in november, but I want to stay in the US until end of the year, I can still wait until January 2021 to file and go to my country of origin then as required by the medical/interview.

Just remember that you don’t really have any control over how long KCC will take to process your DS and documents, so you don’t really know how long after you submit your DS your interview would be. Minimum 2 months, more like 3-4. So yes you can delay it, but beyond knowing that you have delayed it beyond a certain date you don't know exactly when it will be.

 

[SusieQQQ]

This thread is reserved for discussion AOS related questions. Post CP related questions here

Whoops sorry please move my response too!

 

[Chuchuaaa]

Questions about I-944 (and I-485):

I've read through the AOS google sheets but it's still unclear to me about the required academic documents:

1. In I-944, it says that "Foreign education should include an evaluation of equivalency to education or degrees acquired at accredited colleges, universities, or educational institutions in the United States." I'm planning to apply for the evaluation of equivalency report through some companies. Our schools issued diplomas in both our official language and English. Some companies mentioned that sometimes UCCIS challenges the English version of a diploma issued by the university. Is this common?
2. Following my first question, when preparing the AOS package, could I just include the English versions of diplomas issued by the university, or I'll have to bring the academic documents in both official language and English to be certified and notarized?
3. How many copies of the diploma should be included in the AOS package? Two copies (one for I-944 and one for I-485) or one copy is enough?

Thank you!

 

[rabey]

Questions about I-944 (and I-485):

I've read through the AOS google sheets but it's still unclear to me about the required academic documents:

1. In I-944, it says that "Foreign education should include an evaluation of equivalency to education or degrees acquired at accredited colleges, universities, or educational institutions in the United States." I'm planning to apply for the evaluation of equivalency report through some companies. Our schools issued diplomas in both our official language and English. Some companies mentioned that sometimes UCCIS challenges the English version of a diploma issued by the university. Is this common?
2. Following my first question, when preparing the AOS package, could I just include the English versions of diplomas issued by the university, or I'll have to bring the academic documents in both official language and English to be certified and notarized?
3. How many copies of the diploma should be included in the AOS package? Two copies (one for I-944 and one for I-485) or one copy is enough?

Thank you!

1. If your university issue an official English version of diploma, then it shouldn't be a problem. ( Websites says different things to sell their products, but might be true for EB based categories. These requirements are new to DV category)
2. Include a copy of your English version in AoS package. ( or you can add both, wouldn't hurt).
3. You only need to attach one copy, no need to attach same document multiple times.

 

[Sm1smom]

1. If your university issue an official English version of diploma, then it shouldn't be a problem. ( Websites says different things to sell their products, but might be true for EB based categories. These requirements are new to DV category)

While the use of the I-944 is new to DV, degree evaluation is not. Some FOs do send DV focused IL which specifically calls out the need to attend the interview with a degree evaluation report from one of the recognized agencies charged with evaluating diplomas/degrees.

 

[Sm1smom]

Questions about I-944 (and I-485):

I've read through the AOS google sheets but it's still unclear to me about the required academic documents:

1. In I-944, it says that "Foreign education should include an evaluation of equivalency to education or degrees acquired at accredited colleges, universities, or educational institutions in the United States." I'm planning to apply for the evaluation of equivalency report through some companies. Our schools issued diplomas in both our official language and English. Some companies mentioned that sometimes UCCIS challenges the English version of a diploma issued by the university. Is this common?
2. Following my first question, when preparing the AOS package, could I just include the English versions of diplomas issued by the university, or I'll have to bring the academic documents in both official language and English to be certified and notarized?
3. How many copies of the diploma should be included in the AOS package? Two copies (one for I-944 and one for I-485) or one copy is enough?

Thank you!

1&2: Include both the versions. There’s no requirement for the documents to be notarized.
3. Additional copies of documents already being sent in support of the I-485 do not need to be duplicated for the I-944 (if those same documents are required in support of the I-944 also).

 

[Adam15]

Hi again, I guess you missed my previous post.

In my country, there is a document which states that you have never been convicted (do not have Court and Prison record ). The EU requires it for some long-term visas. Many DV applicants from my country take it to the US embassy even though it is not clearly stated that they need it.
From AOS spreadsheet it seems that I do not need it. I simply wanted to double-check with you if such a document is required or not?

 

[Lucky0n3]

Hi guys,

the videos and the blog from BritSimon guided me to this forum, I read through a lot of threads and the spreadsheet and I wanted to thank you all so much for pulling all this information together.
However I have a question which I was not able to find the answer to and it is about the eligibility to file AOS.

What is the defining date for eligibility or is it necessary to have a visa throughout the whole process?

Would someone who's visa (E2) is expired or about to expire within the next two or three months of the CN becoming current still eligible for filing AOS when the I94 is still good for a year? In the spreadsheet it just says "you are not currently out of status" and I am not sure if this means visa or I94.

Also I would like to know, with the current travel ban in place, is there a way to renew an I94 without leaving the country?

I tried to ask the questions as general as possible, because I am sure you guys get annoyed by the "what about me" questions

 

[Sm1smom]

Hi again, I guess you missed my previous post.

In my country, there is a document which states that you have never been convicted (do not have Court and Prison record ). The EU requires it for some long-term visas. Many DV applicants from my country take it to the US embassy even though it is not clearly stated that they need it.
From AOS spreadsheet it seems that I do not need it. I simply wanted to double-check with you if such a document is required or not?

Not required for DV, it makes no difference to the background check that will be conducted following bio completion. Submit it if you like.

 

[Sm1smom]

Hi guys,

the videos and the blog from BritSimon guided me to this forum, I read through a lot of threads and the spreadsheet and I wanted to thank you all so much for pulling all this information together.
However I have a question which I was not able to find the answer to and it is about the eligibility to file AOS.

What is the defining date for eligibility or is it necessary to have a visa throughout the whole process?

Would someone who's visa (E2) is expired or about to expire within the next two or three months of the CN becoming current still eligible for filing AOS when the I94 is still good for a year? In the spreadsheet it just says "you are not currently out of status" and I am not sure if this means visa or I94.

Also I would like to know, with the current travel ban in place, is there a way to renew an I94 without leaving the country?

I tried to ask the questions as general as possible, because I am sure you guys get annoyed by the "what about me" questions

1. The information of the I-94 determines the granted duration status.
2. I-94 is typically issued upon admission into the US.

 

[Lucky0n3]

1. The information of the I-94 determines the granted duration status.
2. I-94 is typically issued upon admission into the US.

So AOS without visa, but with a good I94 is possile, great.
However I guess in case of an unsucessful AOS process the I94 is no good anymore either?

 

[Chuchuaaa]

While the use of the I-944 is new to DV, degree evaluation is not. Some FOs do send DV focused IL which specifically calls out the need to attend the interview with a degree evaluation report from one of the recognized agencies charged with evaluating diplomas/degrees.

Thank you both so much, rabey and Sm1smom! These are all very helpful suggestions. Yes, I'll include the reports of degree evaluation along with my diplomas in both languages in the AOS package.