DV 2021 AOS Only

[Sm1smom]

I had selected the answer to this question "Yes". Because it says: If you answered yes to the Item Number 11., you mus have selected a family-based, employment-based, special immigrant, or Doversity Visa category listed above in Item Numbers 2.a.-8.e. as the basis for your application for adjusment of status.

If you had gone through the I-485 instructions itself, you would have seen where it says:
Exception Under INA section 245(i)
You may be able to adjust status under INA section 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA section 245(a). See separate instructions for adjusting status under INA section 245(i), titled “Instructions for Supplement A to Form I-485, Adjustment of Status Under Section 245(i).” INA section 245(i) is not an immigrant category by itself. In order to adjust status using INA section 245(i), you must be eligible for an immigrant visa under a family-based, employment-based, special immigrant, or Diversity Visa category. You must select one of the immigrant categories listed in Part 2., Item Numbers 1.a. - 1.g. as the basis for your application for adjustment of status. See the Additional Instructions for more information on your specific immigrant category

The note you're referring to is not instructing you to select YES because you previously selected DV as the basis of filing. The note (albeit not well explained) is intended to illustrate the fact that anyone who ordinarily does not qualify to file AOS may qualify to do so under the INA 245(i) exception if they're filing for AOS based on been a DV selectee, or filing a family based application, etc.

I hope you're yet to send in your AOS package, if you already sent it in, did you include Supplement A to form I-485, Adjustment of Status under Section 245(i) like the rest of the note you quoted above says with your AOS package? That is your clue to knowing you did not correctly answer that question.

 

[Sm1smom]

Dear Mom et al.,

We are currently EU22XXX and based on the information I have read we could potentially become current in June/July. We are therefore preparing our AOS package and your information/spreadsheet has been extremely valuable so thank you so much for this.

My wife won the DV Lottery and I will therefore be her derivative (our children are born here so they don't need to apply with us). I currently hold a G4 Visa (principle) working for an international organization and my wife has a G4 via me. She has worked in the US a few years ago (has an old EAD and some W2s), before our children were born (both born here in the US). I wanted to ask your advice on the following:

1. I am the primary financial support, therefore Bank Accounts, Investment Accounts and Credit Reports are mainly in my name (some joint like bank) via the SSN I have been provided. Which financial form do I fill out - still I-134? Should we include her old EAD card and W2s also?

2. We had planned to go home in May for 2 weeks since we haven't seen family (its not required) and wanted to see whether if we went home and returned (under the G4 visa) then applied for the AOS in June, whether this would fall under the intention to stay restriction or whether its better to just not go?

3. As a G4 visa holder do I need to complete both I-508 and I-566?

4. Should I include the US Birth Certificates / Passports for our children in the pack?

Thank you so much for your guidance and all the work you do helping so many!

1. You don't need to file out an I-134 for your wife. You financial documents will be treated as jointly owned/applicable.
2. I wouldn't make the trip if I was in your shoes.
3. Yes. This is called out on the AOS process spreadsheet.
4. Their Birth Certificates only.

 

[Youn]

If you had gone through the I-485 instructions itself, you would have seen where it says:
Exception Under INA section 245(i)
You may be able to adjust status under INA section 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA section 245(a). See separate instructions for adjusting status under INA section 245(i), titled “Instructions for Supplement A to Form I-485, Adjustment of Status Under Section 245(i).” INA section 245(i) is not an immigrant category by itself. In order to adjust status using INA section 245(i), you must be eligible for an immigrant visa under a family-based, employment-based, special immigrant, or Diversity Visa category. You must select one of the immigrant categories listed in Part 2., Item Numbers 1.a. - 1.g. as the basis for your application for adjustment of status. See the Additional Instructions for more information on your specific immigrant category

The note you're referring to is not instructing you to select YES because you previously selected DV as the basis of filing. The note (albeit not well explained) is intended to illustrate the fact that anyone who ordinarily does not qualify to file AOS may qualify to do so under the INA 245(i) exception if they're filing for AOS based on been a DV selectee, or filing a family based application, etc.

I hope you're yet to send in your AOS package, if you already sent it in, did you include Supplement A to form I-485, Adjustment of Status under Section 245(i) like the rest of the note you quoted above says with your AOS package? That is your clue to knowing you did not correctly answer that question.

Thank you very much for the detailed answer. No, I have not sent my AOS package yet. I am going to correct it before sending it.

 

[YouNeverKnow]

1. You don't need to file out an I-134 for your wife. You financial documents will be treated as jointly owned/applicable.
2. I wouldn't make the trip if I was in your shoes.
3. Yes. This is called out on the AOS process spreadsheet.
4. Their Birth Certificates only.

Thank you for such an informative and prompt response. So just one I-134 which includes the collective financial evidence?

 

[SusieQQQ]

I had selected the answer to question 1. "Yes". Because it says: If you answered yes to Item Number 11., you must have selected a family-based, employment-based, special immigrant, or Diversity Visa category listed above in Item Numbers 2.a.-8.e. as the basis for your application for adjustment of status.
Should I change my answer to "No" for the above questions?

It says if you answer yes then you have to have one of those as the underlying- it does not say that if you have one of those as the underlying you must answer yes.

 

[kolopoi0]

Hello Mom et al., thank you so much for your help. I have a question on Part 5) Item 10 of i-485 "Is your current spouse applying with you"? I am currently adjusting my status and she will apply for CP when I get my GC (I understand that is the correct way of doing things). Should I mark "Yes" as she will be applying for CP as part of the process after me getting my GC by AOS?

 

[Youn]

It says if you answer yes then you have to have one of those as the underlying- it does not say that if you have one of those as the underlying you must answer yes.

Got it, thank you.

 

[dv2021asrs]

See my response on your self created thread.

Hello @ @Sm1smom,

The payment has not yet gone through, and we asked from bank to cancel the payment. So my questions are;
1. Do we need to wait until we get the rejected package to send the new package?
2. As I can understand, we do not have to contact Chicago lockbox to withdraw our application since the payment has not yet gone through?

Thank you.

 

[SELisa]

I posted here earlier and was hoping someone knows what's legally correct.

I'm currently in the U.S. on a non-immigrate E2 status. My status (and I-94) will expire in June 2021. I have a pending marriage based I-485. Let's say my dv-lottery case number won't show up until July, would I still be eligible to file for AOS after my non-immigrant status has expired? Basically, is a pending I-485 consider to be acceptable "status" to file for dv-lottery AOS? I get different answers from different law experts.

 

[Sm1smom]

Thank you for such an informative and prompt response. So just one I-134 which includes the collective financial evidence?

You don't fill out an I-134 for yourself either. The I-134 is for those who may not be able to demonstrate they're financially stable enough to self support. If you're able to demonstrate that with your financial documents, you don't need an I-134 (which gets filled by someone else who is willing to support you by the way).

 

[Sm1smom]

Hello Mom et al., thank you so much for your help. I have a question on Part 5) Item 10 of i-485 "Is your current spouse applying with you"? I am currently adjusting my status and she will apply for CP when I get my GC (I understand that is the correct way of doing things). Should I mark "Yes" as she will be applying for CP as part of the process after me getting my GC by AOS?

The question is AOS focused, your spouse is not processing AOS, so you need to answer NO to that question.

 

[Sm1smom]

Hello @ @Sm1smom,

The payment has not yet gone through, and we asked from bank to cancel the payment. So my questions are;
1. Do we need to wait until we get the rejected package to send the new package?
2. As I can understand, we do not have to contact Chicago lockbox to withdraw our application since the payment has not yet gone through?

Thank you.

1. Nope, don't wait. Send in a new package now, it will take several weeks to get back the rejected package.
2. Correct.

 

[dv2021asrs]

1. Nope, don't wait. Send in a new package now, it will take several weeks to get back the rejected package.
2. Correct.

Thank you so much.

 

[Sm1smom]

I posted here earlier and was hoping someone knows what's legally correct.

I'm currently in the U.S. on a non-immigrate E2 status. My status (and I-94) will expire in June 2021. I have a pending marriage based I-485. Let's say my dv-lottery case number won't show up until July, would I still be eligible to file for AOS after my non-immigrant status has expired? Basically, is a pending I-485 consider to be acceptable "status" to file for dv-lottery AOS? I get different answers from different law experts.

You should consult with a highly experienced immigration lawyer on this for a legally correct response. Outside of that, anything you will be getting, including on this platform will be opinions that may not be legally correct.

 

[SELisa]

You should consult with a highly experienced immigration lawyer on this for a legally correct response. Outside of that, anything you will be getting, including on this platform will be opinions that may not be legally correct.

You're right, I feel desperate looking for the correct answer. Not sure who to believe when I get told different answers from lawyers. If anyone here have a highly experienced and trustworthy immigration lawyer to recommend, I'd be grateful! Thank you

 

[dhanu159]

i had my interview -FO said all good but they have to request my file from KCC to approve ...it been a week, nothing changed yet ...anyone went through this expereince..what should i do ..KCC doesnt reply to emails!

 

[SusieQQQ]

You're right, I feel desperate looking for the correct answer. Not sure who to believe when I get told different answers from lawyers. If anyone here have a highly experienced and trustworthy immigration lawyer to recommend, I'd be grateful! Thank you

The forum is hosted by an immigration lawyer.

Is your pending marriage based i485 to a citizen or LPR?

 

[Khalila]

The fees of AOS package were taken from my bank account last week, i did not get the receipt till now, is it possible to ask Emma for the case number??

 

[YouNeverKnow]

You don't fill out an I-134 for yourself either. The I-134 is for those who may not be able to demonstrate they're financially stable enough to self support. If you're able to demonstrate that with your financial documents, you don't need an I-134 (which gets filled by someone else who is willing to support you by the way).

Dear Mom,

Thank you for that clarity. It really helps.

Therefore the forms I would need to provide within the AOS pack are: I-485, G-1145, I-506 and I-566 (G4 Visa holders), and I-693? With these I would provide the necessary evidence per these forms plus Financial supporting evidence such as Employment Letter, Bank Statements, Investment Statements, Pension Account, Payslips etc. Am I correct? Not sure we need I-765, I-131 at this point

Please forgive me, I think I have spent so much time going over this its starting to confuse me.

 

[Sm1smom]

The fees of AOS package were taken from my bank account last week, i did not get the receipt till now, is it possible to ask Emma for the case number??

You just need to be patient for now.