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DV 2021 AOS Only

Troy123 said:
Hello!

I currently have following two people who are willing to sponsor me with my DV 2021 application:
A) My cousin brother who's a naturalized US citizen and is currently working at an IT company at CA.
B) A very good friend of mine, my past US college academic advisor, who is from here (US born).

Over the past two years my cousin brother has sponsored 3 people: his mom and dad (both have GC now) and his brother-in-law in DV 2020 application. So this has lead me to ask following questions:
1. Under this circumstances, is it still advisable for me to continue with him as my sponsor?
2. Does having a sponsor who has sponsored multiple people weaken/affect(-ve) my application?

On the other hand, my friend i.e option 'B' has sponsored none but had received unemployment benefits from the US government like 20 years ago.
3. Is it recommendable to continue my application with him instead?

4. Lastly, after my sponsor fills the form I-134, do they submit it themselves or am I supposed to do it myself?

Thanks!
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1,2: if you sponsor’s income is enough to meet the applicable poverty guideline requirements for his household, plus the people he already sponsored and your household combined together, you can use him.
3. Is your friend currently earning an income, and does that income meet the applicable poverty guideline requirements for his household and yours combined together? If the answers to these 2 questions are yes, then he’s eligible to act as your sponsor regardless of having received unemployment benefits to which he’s entitled to (I assume) in the past.
4. Your sponsor provides you with the filled I-134 with the applicable supporting documents, you include those with your AOS package.
 
Sm1smom said:
1,2: if you sponsor’s income is enough to meet the applicable poverty guideline requirements for his household, plus the people he already sponsored and your household combined together, you can use him.
3. Is your friend currently earning an income, and does that income meet the applicable poverty guideline requirements for his household and yours combined together? If the answers to these 2 questions are yes, then he’s eligible to act as your sponsor regardless of having received unemployment benefits to which he’s entitled to (I assume) in the past.
4. Your sponsor provides you with the filled I-134 with the applicable supporting documents, you include those with your AOS package.
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Thank you much for your response!

1. For my cousin's, the number of people including his household, his parents, his previous sponsored people, and myself(single applicant) totals 7. Then according to the following screenshot he should be making at least $49,550.00/year, right?
1593718578523.png
2. That friend of mine is currently employed by a state college and public data for state employees shows that, his position earns around 35K/year. And he has total two people including himself in his household. BTW how important is it for both the petitioner and the applicant to be from a same country? He and I have been friends since last 4 years.
3. My sincere apology for this log post but I also have a following situation over which I wanted to get your advice.
I am in F-1 status and will be joining a masters program from Aug 2020 and at the same-time I will also be working part-time (20 hours/week) in my department as a GTA which includes a stipend of around $19K/9 months.
4. On this case (3), am I eligible to self-petition by bypassing others to be my sponsor?

I really appreciate your time and patience!
 
Troy123 said:
Thank you much for your response!

1. For my cousin's, the number of people including his household, his parents, his previous sponsored people, and myself(single applicant) totals 7. Then according to the following screenshot he should be making at least $49,550.00/year, right?
View attachment 1764
2. That friend of mine is currently employed by a state college and public data for state employees shows that, his position earns around 35K/year. And he has total two people including himself in his household. BTW how important is it for both the petitioner and the applicant to be from a same country? He and I have been friends since last 4 years.
3. My sincere apology for this log post but I also have a following situation over which I wanted to get your advice.
I am in F-1 status and will be joining a masters program from Aug 2020 and at the same-time I will also be working part-time (20 hours/week) in my department as a GTA which includes a stipend of around $19K/9 months.
4. On this case (3), am I eligible to self-petition by bypassing others to be my sponsor?

I really appreciate your time and patience!
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1. Bear in mind that is the minimum expected, the IO could very well decide, especially depending on the State involved, the amount is not enough even though it looks on paper like it meets the stated amount.
2. You can’t go by some public data, whoever is sponsoring you should be able to confirm their actual income meets the requirements. Where you both are from is irrelevant. The IO just needs to be convinced there is indeed an existing reliable relationship between the sponsor and the person being sponsored.
3. You should take a look at the I-944 which is what will largely be used in determining your self-sufficiency. Having an I-134 as a backup financial document can come in useful.
 
Thank you for your information.
In response to your answer# 3 above, I haven't yet been able to find the guidelines that closely matches my scenario. However, are AOSers through DV required to submit form I-944 along with form I-485? Can we bypass it if we have a sponsor who files form I-134?
Thanks again!
 
Troy123 said:
Thank you for your information.
In response to your answer# 3 above, I haven't yet been able to find the guidelines that closely matches my scenario. However, are AOSers through DV required to submit form I-944 along with form I-485? Can we bypass it if we have a sponsor who files form I-134?
Thanks again!
Click to expand...

Bottom line is you need an I-944 like every other AOSer, that’s why I mentioned it. Start from there. Forget about any other scenario that looks like yours. An I-134 is a backup additional financial document.
 
Sm1smom said:
1. Submitting the DS260 form is not the same as filing AOS, you haven’t filed for AOS at this point. It is however a demonstration of an immigrant intent which is not permitted on NIV, such as E, unless the NIV is a dual intent visa. That on its own is unlikely to cause an admission or re-admission denial, it however may play a role in that decision being arrived at. Admittedly I haven’t read or heard of an admission or re-admission denial dual to DS260 submission.
2. It shouldn’t.
3. A pending AOS application most likely will cause a visa denial. This however shouldn’t be a source of concern for you if your current visa is valid till 2024.
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Do we need to file a DS260 if you doing AOS???..is it a must?
 
Hello,
I have a few questions on AOS and immigrant intent (I currently have a J-1 visa).

1. My understanding is that as long I don't file the DS-260 or the i-485 form there is no evidence of immigrant intent, even if I know I am a DV lottery selectee. Is that correct?

2. Right know I cannot leave the US due to the Covid travel ban. But what if the ban is lifted let's say in September and I'haven't filed the DS-260 or the i-485 yet, could I go to my home country and re-enter the US without having any problem at the border?

3. If I will be able to re-enter, can I file my DS-260 and i-485 right after or do I have to follow the 90 day rule?

Thank you
 
fauchc said:
Hello,
I have a few questions on AOS and immigrant intent (I currently have a J-1 visa).

1. My understanding is that as long I don't file the DS-260 or the i-485 form there is no evidence of immigrant intent, even if I know I am a DV lottery selectee. Is that correct?

2. Right know I cannot leave the US due to the Covid travel ban. But what if the ban is lifted let's say in September and I'haven't filed the DS-260 or the i-485 yet, could I go to my home country and re-enter the US without having any problem at the border?

3. If I will be able to re-enter, can I file my DS-260 and i-485 right after or do I have to follow the 90 day rule?

Thank you
Click to expand...

1. There’s no demonstrated immigrant intent for as long as no formal step as (such as DS260 submission, AOS DV fee payment, I-485 filing, etc) been taken towards processing your DV selection.

2. Admission or re-admission to the US is guaranteed for USC only. No one can guarantee you will or will not have any trouble at the border while seeking re-admission.

3. First of all, when you become eligible to file AOS becomes largely dependent on when your CN becomes current. Having said that, filing AOS immediately following re-admission is not recommended.
 
Sm1smom said:
Bottom line is you need an I-944 like every other AOSer, that’s why I mentioned it. Start from there. Forget about any other scenario that looks like yours. An I-134 is a backup additional financial document.
Click to expand...
Oh wow! I was in a misimpression that DV applicants wouldn't need to file an I-944 may be that only applies to CPs.
Thank you for your information! This makes sense!
 
It's getting worse out there.

This week USCIS announced that they have notified approximately 13,400 of its employees (approximately 73% of its total workforce) that they will be furloughed starting August 3 and for at least 30 days if Congress does not allocate emergency funding. This is likely to mean almost no case processing, increase in delays and (another) premium processing service suspension.

1593800945638.png
 
Troy123 said:
Oh wow! I was in a misimpression that DV applicants wouldn't need to file an I-944 may be that only applies to CPs.
Thank you for your information! This makes sense!
Click to expand...

I-944 is not even applicable to anyone going the CP route to start to with.
 
Hi,
Hopefully this is an easy question that someone can help me with. We were lucky enough to be selected in DV2021, and have a low case number. Judging from previous years visa bulletin data, there's a good chance we will be able to file in the very first month.

What I'm trying to understand is exactly when that is.
From what I gather, when doing adjustment of status, they publish the following month's data in each bulletin. i.e. FY2021 1st month (October) is published in FY2020's final month (September). To compound things, it looks like each bulletin is published during the middle of the previous month (i.e. September is published mid-August).
So given all that, when would be the very earliest the i-485 can be filed? Approx August 16th? Or must we wait until September 1st? or Even October 1st?

Thanks for clearing up this confusion!
Paul
 
misterpaul said:
Hi,
Hopefully this is an easy question that someone can help me with. We were lucky enough to be selected in DV2021, and have a low case number. Judging from previous years visa bulletin data, there's a good chance we will be able to file in the very first month.

What I'm trying to understand is exactly when that is.
From what I gather, when doing adjustment of status, they publish the following month's data in each bulletin. i.e. FY2021 1st month (October) is published in FY2020's final month (September). To compound things, it looks like each bulletin is published during the middle of the previous month (i.e. September is published mid-August).
So given all that, when would be the very earliest the i-485 can be filed? Approx August 16th? Or must we wait until September 1st? or Even October 1st?

Thanks for clearing up this confusion!
Paul
Click to expand...

For DV cases, not just when doing AOS, current CNs are published 2 months in advance on the VB. For instance, DV 2021 FY starts on Oct. 1st. The VB that gets released in August will have the list of DV 2020 CNs current in Sept. The advanced notification section of that same VB will have the list of DV2021 CNs current in October. The VB that gets released in Sept. will have DV 2021 CNs current in October, the advanced notification section will have the list of those current in Nov.

For AOS filing, one may opt to file upto two months in advance, that is as soon as the VB shows the CN as being current under the advanced notification section. However, there could be a slight risk of AOS package rejection by the Chicago Lockbox or AOS denial by the FO as a result of this early filing. To guard against package rejection or denial, some choose to wait and not do early filing, ensuring their AOS package is received by the Chicago Lockbox no earlier than the 1st day of the month their CN is listed as current.

Possibility of package rejection by the Chicago Lockbox is a lot higher for those with very low CNs. Because the folks at the Chicago Lockbox have been used to receiving AOS packages for the current year, when a package shows up one or two months prior to the start of the applicable FY, the Chicago lockbox may decide to reject the package and return it to the sender. My recommendation for those whose CNs become current in October is to resist the urge to do early filing, and for them to wait and ensure their package isn’t received before October 1st. Of course some have successfully gone ahead and filed prior to the first day of their applicable FY with no issue.
 
Sm1smom said:
For DV cases, not just when doing AOS, current CNs are published 2 months in advance on the VB. For instance, DV 2021 FY starts on Oct. 1st. The VB that gets released in August will have the list of DV 2020 CNs current in Sept. The advanced notification section of that same VB will have the list of DV2021 CNs current in October. The VB that gets released in Sept. will have DV 2021 CNs current in October, the advanced notification section will have the list of those current in Nov.

For AOS filing, one may opt to file upto two months in advance, that is as soon as the VB shows the CN as being current under the advanced notification section. However, there could be a slight risk of AOS package rejection by the Chicago Lockbox or AOS denial by the FO as a result of this early filing. To guard against package rejection or denial, some choose to wait and not do early filing, ensuring their AOS package is received by the Chicago Lockbox no earlier than the 1st day of the month their CN is listed as current.

Possibility of package rejection by the Chicago Lockbox is a lot higher for those with very low CNs. Because the folks at the Chicago Lockbox have been used to receiving AOS packages for the current year, when a package shows up one or two months prior to the start of the applicable FY, the Chicago lockbox may decide to reject the package and return it to the sender. My recommendation for those whose CNs become current in October is to resist the urge to do early filing, and for them to wait and ensure their package isn’t received before October 1st. Of course some have successfully gone ahead and filed prior to the first day of their applicable FY with no issue.
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Thanks for your response. Its disappointing they might reject it (why publish advanced DV2021 in a FY2020 VB if its not ok.........)
Anyway I'll consider your advice. Thanks
 
misterpaul said:
Thanks for your response. Its disappointing they might reject it (why publish advanced DV2021 in a FY2020 VB if its not ok.........)
Anyway I'll consider your advice. Thanks
Click to expand...

That is how the VB operates regardless of the applicable year - 2 months’ listing. The rejection or denial can also happen with listings in the middle of the applicable FY.
 
Hello everyone,

I hope you guys are doing well, it's been a while since I haven't checked the forum. I was going through the forms earlier and I have questions that I hope you guys can answer, would really appreciate it :):

1)I lost my medical record from my home country, can the same surgeon give me the extra shots I need?. Also do I need a medical record for DV lottery or only the shots I’m missing to be included in the I-693?

2)Is there a time frame where I should have my birth certificate? or can I get it from now?

3)I know that a sponsor is not needed but in which case would a sponsor help with the decision? Because my mom’s friend agreed to sponsor me but I found online that the sponsor needs a certain salary for the sponsorship to be favorable or something like that and I don’t want to get a sponsor that’s going to hurt my application in the end.

4)As proof of residency (if im asked) can I provide a cellular bill, car insurance bill or bank statement? Because im just subleasing the apartment and I’m not allowed to have my name on the lease nor on the water/electricity/gas bills.

5)I read on the Form I-485 that as a DV applicant we do not need to submit evidence of financial support and on the spreadsheet it says we should still include it but I have an average credit score (660) with 2 reports (one of them a collection) and I was wondering if I should still submit the I-944 or not?

I appreciate the help guys, I hope we all get to go through this process successfully regardless of what's happening with immigration right now. You guys have an excellent day!
 
jewelmerit1995 said:
Hello everyone,

I hope you guys are doing well, it's been a while since I haven't checked the forum. I was going through the forms earlier and I have questions that I hope you guys can answer, would really appreciate it :):

1)I lost my medical record from my home country, can the same surgeon give me the extra shots I need?. Also do I need a medical record for DV lottery or only the shots I’m missing to be included in the I-693?

2)Is there a time frame where I should have my birth certificate? or can I get it from now?

3)I know that a sponsor is not needed but in which case would a sponsor help with the decision? Because my mom’s friend agreed to sponsor me but I found online that the sponsor needs a certain salary for the sponsorship to be favorable or something like that and I don’t want to get a sponsor that’s going to hurt my application in the end.

4)As proof of residency (if im asked) can I provide a cellular bill, car insurance bill or bank statement? Because im just subleasing the apartment and I’m not allowed to have my name on the lease nor on the water/electricity/gas bills.

5)I read on the Form I-485 that as a DV applicant we do not need to submit evidence of financial support and on the spreadsheet it says we should still include it but I have an average credit score (660) with 2 reports (one of them a collection) and I was wondering if I should still submit the I-944 or not?

I appreciate the help guys, I hope we all get to go through this process successfully regardless of what's happening with immigration right now. You guys have an excellent day!
Click to expand...

1. Form I-693 is the only medical report needed. Not having your immunization record is not an issue. The AOS spreadsheet already contains information about the medical exam.

2. You know you need a copy for your AOS package to start with right? A b/c has no expiration date AFAIK so I’m not sure what you mean by “timeframe”.

3. Having a sponsor whose income meets the applicable poverty guideline requirements is one of the ways of demonstrating you’re not inadmissible or likely to become a public charge.

4. I can’t seem to recollect - which of those forms requires proof of residence?

5. Regardless of what the I-485 form instructions says about DV not needing financial documents (which is a misleading statement from USCIS by the way), you are required to demonstrate you’re not inadmissible under INA section 212(a)(4) or likely to become a public charge once you become a LPR. Financial documents is one of the ways to overcome this. Failure to include the I-944 which is used in determining your self sufficiency in your AOS package will lead to the package being rejected by the Chicago Lockbox as this is a required form.
 
Hello again! I had a quick question (perhaps, jumping too far ahead too early). Do I need to provide the copy of the high school diploma even if I have undergraduate and two graduate degrees from the US? I see that spreadsheet mentions the high school diploma. Clarification would be appreciated. If I still need the high school diploma, it can be just a translation certified by a person who is competent in both languages, right?
 
Omoton said:
Hello again! I had a quick question (perhaps, jumping too far ahead too early). Do I need to provide the copy of the high school diploma even if I have undergraduate and two graduate degrees from the US? I see that spreadsheet mentions the high school diploma. Clarification would be appreciated. If I still need the high school diploma, it can be just a translation certified by a person who is competent in both languages, right?
Click to expand...

Including a copy of the HS diploma in the AOS package is highly recommended - we’ve had a few reports of some IOs requesting to see the HS diploma itself. If the diploma is not in English, the original copy (in the foreign language) and a certified translated copy by someone fluent in both English and the language the document was translated from need to be included.
 
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