DV 2021 AOS Only

[Sm1smom]

@Sm1smom on the topic of Form I-134, is it a must (I see that almost everyone's mentioning it here)? Or would one's W-2s, Tax transcripts and bank statements suffice? Especially considering that my wife (the main applicant) is on F-2 status so she does not work atm (although she does have a graduate degree so she would be able to make an income once authorized to work).

You don’t need an I-134 if you have other means of convincing the IO you’re unlikely to become a public. Note, it’s not simply a matter of submitting a W2 or IRS transcripts. Does your current income meet the applicable poverty guideline level or are you able to present a bank account with significant savings? Does are some of the things the IO can use in determining if an applicant is likely to become a public charge or not.

 

[Chathu]

Hi,
I'm a F1 student and working as a Research Assistant. For the purpose of I-134 can I be my own sponsor?

 

[A_D_123]

You don’t need an I-134 if you have other means of convincing the IO you’re unlikely to become a public. Note, it’s not simply a matter of submitting a W2 or IRS transcripts. Does your current income meet the applicable poverty guideline level or are you able to present a bank account with significant savings? Does are some of the things the IO can use in determining if an applicant is likely to become a public charge or not.

Thanks for replying so promptly @Sm1smom ^_^.
My current income (based on 2020 W-2s) is around ~140% of the FPG level for a family size of 2 (ie: me and my wife) with ~$2-3k of savings. That being said, that's the income I'm coming up with on my own. My main concern is: do IOs consider the fact that we're in our 20s with university degrees as a positive 'they will probably come up with more income once his wife's allowed to work' point or do they just look at the given numbers in the documents I provide?
Would I need to get some funds transferred to my account as a 'nonreturnable gift' from family? or is the amount above reasonable given that we've been in the US for a couple of years now with no issues financially?

I know that there isn't a solid 'yes this will work' or 'no this won't work' answer to my question since it's mainly dependant on the assessment of the IO. But I'd like to get an insight based on your experience and what you've seen over the years if you're comfortable providing me with one ^_^

Edit: also, would a letter from the company I'm currently interning at (on CPT) stating that they are willing to hire me full-time help?

 

[Chathu]

Thanks for replying so promptly @Sm1smom ^_^.
My current income (based on 2020 W-2s) is around ~140% of the FPG level for a family size of 2 (ie: me and my wife) with ~$2-3k of savings. That being said, that's the income I'm coming up with on my own. My main concern is: do IOs consider the fact that we're in our 20s with university degrees as a positive 'they will probably come up with more income once his wife's allowed to work' point or do they just look at the given numbers in the documents I provide?
Would I need to get some funds transferred to my account as a 'nonreturnable gift' from family? or is the amount above reasonable given that we've been in the US for a couple of years now with no issues financially?

I know that there isn't a solid 'yes this will work' or 'no this won't work' answer to my question since it's mainly dependant on the assessment of the IO. But I'd like to get an insight based on your experience and what you've seen over the years if you're comfortable providing me with one ^_^

Edit: also, would a letter from the company I'm currently interning at (on CPT) stating that they are willing to hire me full-time help?

Thanks a lot

 

[Sm1smom]

Thanks for replying so promptly @Sm1smom ^_^.
My current income (based on 2020 W-2s) is around ~140% of the FPG level for a family size of 2 (ie: me and my wife) with ~$2-3k of savings. That being said, that's the income I'm coming up with on my own. My main concern is: do IOs consider the fact that we're in our 20s with university degrees as a positive 'they will probably come up with more income once his wife's allowed to work' point or do they just look at the given numbers in the documents I provide?
Would I need to get some funds transferred to my account as a 'nonreturnable gift' from family? or is the amount above reasonable given that we've been in the US for a couple of years now with no issues financially?

I know that there isn't a solid 'yes this will work' or 'no this won't work' answer to my question since it's mainly dependant on the assessment of the IO. But I'd like to get an insight based on your experience and what you've seen over the years if you're comfortable providing me with one ^_^

Edit: also, would a letter from the company I'm currently interning at (on CPT) stating that they are willing to hire me full-time help?

The IO will look at the totality of your circumstances in making their determination. Yes, an employment letter from a potential employer can help.

Just to be clear, I don’t advice on the issue of making a sudden transfer of some large sum of money with a letter claiming the transfer is some “nonreturnable gift” as a means of overcoming being deemed a public charge, so please don’t ask me about it again. That is why I did not list that as option on the spreadsheet, it is simply not something I do.

 

[Sm1smom]

Hi,
I'm a F1 student and working as a Research Assistant. For the purpose of I-134 can I be my own sponsor?

I’m not sure what you mean by being your own sponsor. You certainly can’t fill out an I-134 for yourself. Take a look at the AOS process spreadsheet for a list of financial documents (which could be your own) you may use in supporting your case.

 

[A_D_123]

The IO will look at the totality of your circumstances in making their determination. Yes, an employment letter from a potential employer can help.

Just to be clear, I don’t advice on the issue of making a sudden transfer of some large sum of money with a letter claiming the transfer is some “nonreturnable gift” as a means of overcoming being deemed a public charge, so please don’t ask me about it again. That is why I did not list that as option on the spreadsheet, it is simply not something I do.

Thank you for your answer. This helped me understand the requirement better. I was under the impression that in my situation an affidavit of support was a 'its not officially required but you would need to do it' kind of thing before your explanation ^_^

My brain was going 'if two university graduates in their 20s would possibly be financial burdens on the government...then who wouldn't?'

My apologies for mentioning money transfer option. I simply saw it in Simon's video about the public charge issue and thought it was standard procedure.

 

[Sm1smom]

My brain was going 'if two university graduates in their 20s would possibly be financial burdens on the government...then who wouldn't?'

There are lots and lots of non university graduates LPRs or USC who have never utilized any form of public benefits and are doing well. Being a young university graduate does not automatically equate to the likelihood of not becoming a public charge. Two “young university graduates” not interested in working or self support can definitely become a financial burden on the system. A hard working person with no college degree on the other hand with a remarkable work experience can definitely end up never resorting to public benefits to sustain themselves.

 

[A_D_123]

There are lots and lots of non university graduates LPRs or USC who have never utilized any form of public benefits and are doing well. Being a young university graduate does not automatically equate to the likelihood of not becoming a public charge. Two “young university graduates” not interested in working or self support can definitely become a financial burden on the system. A hard working person with no college degree on the other hand with a remarkable work experience can definitely end up never resorting to public benefits to sustain themselves.

Precisely! Which is why i felt that I was freaking out over the affidavit of support form for no valid reason. Thanks again @Sm1smom, your advice and logic (as always) make complete sense!

 

[Sm1smom]

Precisely! Which is why i felt that I was freaking out over the affidavit of support form for no valid reason. Thanks again @Sm1smom, your advice and logic (as always) make complete sense!

I don’t think you fully got my point. It wouldn’t be unusual for the IO to ask someone on F1 visa to present an affidavit of support. Being a college graduate does not automatically rule it out, hence advice to always over prepare and get an I-130 as a back up financial evidence document. We’ve had cases in the past where the IO someone selectees with student status for the I-130.

 

[A_D_123]

I don’t think you fully got my point. It wouldn’t be unusual for the IO to ask someone on F1 visa to present an affidavit of support. Being a college graduate does not automatically rule it out, hence advice to always over prepare and get an I-130 as a back up financial evidence document. We’ve had cases in the past where the IO someone selectees with student status for the I-130.

Hmm...But what would someone with no relatives in the US do
Any recommendations?

 

[raphael1899]

Hmm...But what would someone with no relatives in the US do
Any recommendations?

If you don't know any USC or LPR who can be your sponsor for the i134 then you simply can't submit that form and have to find another way to prove you won't become a public charge. If you have substantial savings or a good income, use that. I don't think there's any other way. If you suddenly transfer a large amount of money to your account, the IO will almost certainly ask you about that transfer.

As you said in your previous post, the i134 is mentioned a lot here because it is probably the easiest way to show you won't become a public charge. But if filing that form is not an option for you (it wasn't for me), then you have to prove you won't become a public charge with what you already have.

 

[dv2021asrs]

See my response on your self created thread.

Hello @ @Sm1smom,

Though we requested from our bank to stop the payment last week (3/22/2021), the checks had been cashed yesterday. However, we have not received the text or email yet. We already sent the new package, and it was delivered to the Chicago lockbox on 3/29/2021. So my question is;
1. What options we have right now?

I really appreciate any help you can provide.

 

[Sm1smom]

Hello @ @Sm1smom,

Though we requested from our bank to stop the payment last week (3/22/2021), the checks had been cashed yesterday. However, we have not received the text or email yet. We already sent the new package, and it was delivered to the Chicago lockbox on 3/29/2021. So my question is;
1. What options we have right now?

I really appreciate any help you can provide.

Sorry to learn your Bank ignored your stop payment request and the second package has already been delivered. Since the first payment has been cashed, it means the Chicago Lockbox as accepted the package “as is”. So next steps/options?
- Wait for the acceptance notification for the first package.
- Once you have the acceptance notification, contact your bank to request they cancel the second payment (let’s hope they follow through this time around) which should subsequently lead to that package being rejected.
- Once you have the receipt number for the first package, contact the USCIS 1800 number and inform them there’s an error on your form which you’ll like to correct.
- If the stop payment doesn’t work (again) and the second payment goes through like the first, then you’ll need to write a withdrawal letter to the Chicago Lockbox to formally withdraw the second package, the payment unfortunately will not be refunded. You’ll need to wait until you receive the NOA (for the second package) before sending in the withdrawal letter as you’ll have to include a copy of it with that letter.

 

[dv2021asrs]

Sorry to learn your Bank ignored your stop payment request and the second package has already been delivered. Since the first payment has been cashed, it means the Chicago Lockbox as accepted the package “as is”. So next steps/options?
- Wait for the acceptance notification for the first package.
- Once you have the acceptance notification, contact your bank to request they cancel the second payment (let’s hope they follow through this time around) which should subsequently lead to that package being rejected.
- Once you have the receipt number for the first package, contact the USCIS 1800 number and inform them there’s an error on your form which you’ll like to correct.
- If the stop payment doesn’t work (again) and the second payment goes through like the first, then you’ll need to write a withdrawal letter to the Chicago Lockbox to formally withdraw the second package, the payment unfortunately will not be refunded. You’ll need to wait until you receive the NOA (for the second package) before sending in the withdrawal letter as you’ll have to include a copy of it with that letter.

Thank you very much @Sm1smom for your response.

 

[dv2021asrs]

Sorry to learn your Bank ignored your stop payment request and the second package has already been delivered. Since the first payment has been cashed, it means the Chicago Lockbox as accepted the package “as is”. So next steps/options?
- Wait for the acceptance notification for the first package.
- Once you have the acceptance notification, contact your bank to request they cancel the second payment (let’s hope they follow through this time around) which should subsequently lead to that package being rejected.
- Once you have the receipt number for the first package, contact the USCIS 1800 number and inform them there’s an error on your form which you’ll like to correct.
- If the stop payment doesn’t work (again) and the second payment goes through like the first, then you’ll need to write a withdrawal letter to the Chicago Lockbox to formally withdraw the second package, the payment unfortunately will not be refunded. You’ll need to wait until you receive the NOA (for the second package) before sending in the withdrawal letter as you’ll have to include a copy of it with that letter.

Hello @Sm1smom ,

I have two more questions;
1. How could we know that they have been corrected our mistake after calling them?
2. If we would like to process the second package, can we send a letter to withdraw the first package (after receiving NOA) before accepting the second package? Does it have any negative impact on the second package?

Thank you in advance.

 

[Sm1smom]

Hello @Sm1smom ,

I have two more questions;
1. How could we know that they have been corrected our mistake after calling them?
2. If we would like to process the second package, can we send a letter to withdraw the first package (after receiving NOA) before accepting the second package? Does it have any negative impact on the second package?

Thank you in advance.

1. They will let you know if they’re able to correct it or not when you call. If they’re unable to make the correction on the phone, you’ll have another opportunity to make the change when you go in for your interview.
2. Yes, you can do that if you like. I can’t say for certain if doing so may negatively impact the second package it however isn’t an option I would personally explore. Withdrawing the first package sends you back to the end of the processing queue though as the second package will be treated as a new one (it wouldn’t be inserted into the previous slot where the first one was).

 

[dv2021asrs]

1. They will let you know if they’re able to correct it or not when you call. If they’re unable to make the correction on the phone, you’ll have another opportunity to make the change when you go in for your interview.
2. Yes, you can do that if you like. I can’t say for certain if doing so may negatively impact the second package it however isn’t an option I would personally explore. Withdrawing the first package sends you back to the end of the processing queue though as the second package will be treated as a new one (it wouldn’t be inserted into the previous slot where the first one was).

Thank you very much @Sm1smom.

 

[anasmid2020]

you can’t just lose a name. 2 in the middle (or two first names, some people do that)

But My DV letter (1NL) includes only three names (First, second, and family), all other documents include 4 names (First, second, third and family)

 

[SusieQQQ]

But My DV letter (1NL) includes only three names (First, second, and family), all other documents include 4 names (First, second, third and family)

What was on your entry form? Your entry was supposed to be the same as your passport.

And anyway a letter from KCC is hardly a name change document, they may have had space limitations or just made a mistake.