Even if your current status, you can legally remain in the US without accruing an illegal presence because of your pending family based AOS application. However, if you wish to explore/proceed with the DV based AOS, you’ll need to send in that application ASAP before your current E2 based status expires.Great news with all regions being current in June already! This solved 90% of my problems. But I'm still stressing about the process.
My I-94 and current immigration status (E2) expires June 9, 2021.
The only thing that is missing in my AOS package is my dv-fee payment receipt. I sent the payment on April 20th and looking at the recent statistics it will more or less take a month to receive the dv-receipt.
Since my status expires June 9th, USCIS must receive and approve my package before June 9th in order for me to lawfully be in the U.S. and move on with my AOS, correct?
From reading about other cases it sounds like I should just go ahead and file my AOS package asap without the dv-receipt. I could include a copy of my cashier check receipt if that would help? I don't know how big of a risk it is to file without the dv-receipt but I don't have much of a choice right now, do I?
Maybe, maybe not. It isn’t unusual for USCIS to schedule the bio with another ASC with lesser workload than the one that should originally have been assigned to you. Same thing with the FO.I am living in Massachusetts, but my bio and fingerprint appointment came to me in another state near to me. Is that means that the interview will take place in the same place?
1. Not a problem.Hi mom, quick question about i765 and i131, i know that if i file with i485 there is no fee for both. 1.
Would that be a problem that if i just apply the i765 and i131 for my spouse (F2 currently)? I am currently on OPT so not sure whether it will be a good idea if i apply again for the i765.
2. Would my case be delay if i apply for the i765 and i131 concurrently with the i485 since they have to process extra documents?
Thanks.
Thanks. Would you recommend me applying as well in case my OPT expires next year?1. Not a problem.
2. AP/EAD processing doesn’t impact the AOS processing timeline. The NBC process the AP/EAD, FOs adjudicate the AOS application.
1. DV AOS based EAD/AP becomes invalid once the GC is issued, or close of business Sept. 30th if the AOS application is still pending by then. It is not something either of you can use beyond Sept. 30th, 2021. And there’s no guarantee they will even by issued by then as matter of fact. They tend to be useless documents for most DV based AOS applicants because of how long it takes to get and the fact that DV based AOS applications are time limited. You can decide if you still want to go ahead and apply for both of you.Thanks. Would you recommend me applying as well in case my OPT expires next year?
And for the documents print out, do you recommend stapling the forms together like the i485 or just use a paper clip?
And for i485, my last arrival place (CBP inspected) is from Vancouver Canada, do i write Vancouver in the box 20a and leave the "state" blank 20b?
Thank you. For the state box, there was no option for British Columbia or BC, should i write it on by hand?1. DV AOS based EAD/AP becomes invalid once the GC is issued, or close of business Sept. 30th if the AOS application is still pending by then. It is not something either of you can use beyond Sept. 30th, 2021. And there’s no guarantee they will even by issued by then as matter of fact. They tend to be useless documents for most DV based AOS applicants because of how long it takes to get and the fact that DV based AOS applications are time limited. You can decide if you still want to go ahead and apply for both of you.
2. Avoid stapling the documents.
3. Vancouver for the City, British Columbia for the State.
1. You can handwrite it.Thank you. For the state box, there was no option for British Columbia or BC, should i write it on by hand?
And for AP document, it said to attach a separate sheet of paper to explain why i want to apply. Can i just write i want to visit my parents back home or need to be more specific and extensive explanation? For the date of travel, i am not sure yet whether i will travel for sure but just want to have this card in hand just in case i need to travel, should i put an approximate date and location where i am intend to travel?
View attachment 2478
Please read and follow the instructions provided by USCISI am applying only for me so I should leave this blank ? am I right?View attachment 2479
It shouldn’t be.Hi Mom,
I send the DV administration fee to the correct address on 20th April with SASE and the filled form with CN. But I forgot to write my CN in the money order memo section. However the money order was cashed on 23rd April. The lack of having CN on the money order can be a problem in receiving the receipt ?
Thank you so much.
Thank you so much mom.It shouldn’t be.
After the i94 has expired and before the i539 is approved, they are not in status. When did you (they) file the 539, and which service center were you assigned?Hi,
When I knew about my selection as a DV2021 winner in June 2020, I immediately got all documents together and sent my them for AOS. I was hoping to adjust status for me, my wife and our kid. I’m on an L1 visa and hence my wife and kid on L2. Unfortunately, I filed too early, even before my CN became current (that was before I found this forum and mom’s spreadsheet, thanks for it!) and so my package was returned back to me. My CN goes current in June as does almost everyone but my wife and kid’s i94 have expired. An i539 was filed for them and is pending adjudication.
My question is:
(1) are my wife and kid considered out of status and hence cannot adjust status?