DV 2021 AOS Only

[Sm1smom]

Hello Mom! Thank you for organizing such a helpful forum
Here we have some questions:
1) our number became current in June, does this mean that our documents will not be processed before June? Or is it possible to send documents earlier, in May?
2) we have a student visa until 23, but the course ends in May 21. What is the best way for us to maintain status, get OPT or enroll in additional courses? Which option does not call the officer's questions?
3) we did not have any income during our stay in the United States, and did not work. Do we have to submit a tax return even in the absence of income, etc.? And if we did not submit, how can we replace financial documents? What documents we must confirm the financial condition. Can we indicate the property that is located in the home country.

Thank you so much!

1. Please take a look at AOS process spreadsheet, you should pay close attention to the FAQ tab in particular.
2. This is a personal decision, you’ll need to decide on if you wish to proceed with OPT which you’re eligible to apply for or get a new I-20.
3. You wouldn’t have an IRS tax return if you’ve never filled an income tax. I recommend you get an I-134 to include with your package

 

[Sm1smom]

Maybe they are trying to say that I can change the address in the interview?. My case is still in NVC Sorry for the confusion

No, that’s not what they’re trying to say. Again, the address on the DS260 is irrelevant at this point for AOS.

 

[Sm1smom]

hi @Sm1smom,
If your name is changed at age under one year old (like ten months), do you need to provide it in i-576 and ds160? In those they are asking for names that you used (like nickname, religious, etc), but in i-485 it is asking for name at birth directly. Am I right?

You’ll need to list that name in the Other Names section of all the forms you’re filling out/submitting.

p.s. I don’t know what an I-576 is or why you’re filing out a DS160.

 

[IgorMirs]

Hello everyone, this is my first message on this forum. Thank you all for that. It is possible to find all the required info if you petitioned enough.

For those of you who already sent their AOS packages, did you include originals of certified translations or copies? I am asking because I am not sure should I wait while my original translations will be mailed to me, or I can just print the scanned copies? I searched in the forum, and I found a couple of answers where people say that copies are ok and you need original translations only on the interview.

But I also find couple posts from Mom, who is the boss here, that you need to submit the originals. Most likely I've already answered my question with the previous sentence, but maybe one more confirmation will help others to find this info.

 

[Missa]

You’ll need to list that name in the Other Names section of all the forms you’re filling out/submitting.

p.s. I don’t know what an I-576 is or why you’re filing out a DS160.

sorry that I had a typo: it was i-765 (EAD for OPT). Those forms (i-765 and ds160: both non-immigrant applications) did not ask for name at birth. So, I think ( and now, hope! ) that if someone had a name just at birth and never used it, it is ok to not to mention that in those forms. Is my understanding right?

 

[Sm1smom]

Hello everyone, this is my first message on this forum. Thank you all for that. It is possible to find all the required info if you petitioned enough.

For those of you who already sent their AOS packages, did you include originals of certified translations or copies? I am asking because I am not sure should I wait while my original translations will be mailed to me, or I can just print the scanned copies? I searched in the forum, and I found a couple of answers where people say that copies are ok and you need original translations only on the interview.

But I also find couple posts from Mom, who is the boss here, that you need to submit the originals. Most likely I've already answered my question with the previous sentence, but maybe one more confirmation will help others to find this info.

The requirement used to be to include the translated original with the AOS package and keep the copy for yourself. However with technological advancements, considering translation can be done electronically and one can print as many copies of such as possible (- meaning there’s technically speaking no original version in that case), it is okay to include copies of translated documents as long as they are clear and legible.

 

[SusieQQQ]

sorry that I had a typo: it was i-765 (EAD for OPT). Those forms (i-765 and ds160: both non-immigrant applications) did not ask for name at birth. So, I think ( and now, hope! ) that if someone had a name just at birth and never used it, it is ok to not to mention that in those forms. Is my understanding right?

No, you are taking the instruction in a strangely literal interpretation. if it is on your birth certificate it was used by you even if you were too young to realize it. List it anywhere a form asks for other names used.
Why are you filling out a DS160?

PS yes the DS160 does ask for other names used, see page 7 of the exemplar form https://travel.state.gov/content/dam/visas/PDF-other/DS-160-Example_11012019.pdf ...although I still don’t see how it’s relevant here

 

[DV21M]

Hi,
KCC has not replied my email about changing from CP To AOS. the money order that you are talking about, it is Dv fee $330? can we pay it before we change it to aos? Thank you!

I sent the fee the same day I sent the email to KCC. I was ready to schedule too but the embassy in my country is not working so I didn’t have a date (I still don’t) and my case still showed at NVC (still does)

 

[Missa]

No, you are taking the instruction in a strangely literal interpretation. if it is on your birth certificate it was used by you even if you were too young to realize it. List it anywhere a form asks for other names used.
Why are you filling out a DS160?

I am not filling ds160 now. It was before coming to US. How can I fix it?

 

[DV21M]

Yes, you can send in the payment. You don't need to wait for an acknowledgement for the change request in order to proceed with the AOS. Bear in mind though, if KCC already forwarded your case file to your applicable home embassy (I think you previously indicated your already got the ready to schedule email from KCC?), you will need to work with the embassy to get your case file transferred back to the FO in order to complete the AOS process. And once you make the DV administrative fee payment here in the US, that payment is non-refundable should you decide to continue with CP.

Go through the AOS process spreadsheet to better prepare yourself for the AOS process.

Just to confirm, (1) my case has not been forwarded yet if the embassy is still not scheduling DV, I have not been scheduled yet and CEAC says my case is at NVC, right?
Just trying to determine if I should contact the embassy, while I wait for KCC to email back.
Also, (2) even if my case has been forwarded, KCC should still reply to my inquiry?

Thank you Mom.

 

[SusieQQQ]

I am not filling ds160 now. It was before coming to US. How can I fix it?

Obviously you can’t. If they ask about the discrepancy at interview you will just have to explain why you left it out.

 

[Sm1smom]

sorry that I had a typo: it was i-765 (EAD for OPT). Those forms (i-765 and ds160: both non-immigrant applications) did not ask for name at birth. So, I think ( and now, hope! ) that if someone had a name just at birth and never used it, it is ok to not to mention that in those forms. Is my understanding right?

No, it is not okay to not list it. The name should be listed in the other names section like I previously responded.

I am not filling ds160 now. It was before coming to US. How can I fix it?

You should have clearly stated this is the issue you're faced with in your original post, which would have prevented all these back and fort posts! Anyway, you cannot fix what was on the DS160 which you submitted in the past. All you can do going forward is to follow instructions and make sure you correctly fill out your forms. In this particular case, the omission or failure to list that name on the DS160 is a minor issue, which can be explained should it come up.

 

[Sm1smom]

Just to confirm, (1) my case has not been forwarded yet if the embassy is still not scheduling DV, I have not been scheduled yet and CEAC says my case is at NVC, right?
Just trying to determine if I should contact the embassy, while I wait for KCC to email back.
Also, (2) even if my case has been forwarded, KCC should still reply to my inquiry?

Thank you Mom.

1. May be, may be not.
Contact the embassy for what? To request they send a file you're not sure has been sent to them back to USCIS considering KCC file needs to be sent to a specific FO with jurisdiction over specific a case and you don't currently have an assigned FO?
2. Yes.

 

[DV21M]

1. May be, may be not.
Contact the embassy for what? To request they send a file you're not sure has been sent to them back to USCIS considering KCC file needs to be sent to a specific FO with jurisdiction over specific a case and you don't currently have an assigned FO?
2. Yes.

Ooooohhhh, I thought the file had to be sent back to KCC first, nevermind then. Wait and see if KCC catches up to my emails then. Thank you!

 

[luiscorona]

Hello @Sm1smom,
I was wondering how long does the I-765 takes to get processed once you submit the AOS package. I am currently on Post competition OPT, but it expires on July 1st, 2021. I could apply for OPT STEM extension for 2 more years, but I will be submitting my AOS package very soon. I am hoping I can submit the AOS package by May 15th. Should I submit the I-765 as part of the AOS or submit it now as OPT STEM extension. I cannot stop working, therefore, I have to pick the options that allow me to continue working, which means I must get a new EAD by July 1st. 2. If I were to submit the I-765 as part of my AOS package what would be my eligibility category. I read the instructions and I think it is c 9, but I am not sure.
Thanks,
Luis

 

[Sm1smom]

Hello @Sm1smom,
I was wondering how long does the I-765 takes to get processed once you submit the AOS package. I am currently on Post competition OPT, but it expires on July 1st, 2021. I could apply for OPT STEM extension for 2 more years, but I will be submitting my AOS package very soon. I am hoping I can submit the AOS package by May 15th. Should I submit the I-765 as part of the AOS or submit it now as OPT STEM extension. I cannot stop working, therefore, I have to pick the options that allow me to continue working, which means I must get a new EAD by July 1st. 2. If I were to submit the I-765 as part of my AOS package what would be my eligibility category. I read the instructions and I think it is c 9, but I am not sure.
Thanks,
Luis

1. There's no guarantee you'll get the EAD by July 1st - you can check USCIS Processing Times yourself to get a better idea.
2. C9.

 

[SusieQQQ]

Ooooohhhh, I thought the file had to be sent back to KCC first, nevermind then. Wait and see if KCC catches up to my emails then. Thank you!

Once KCC has scheduled an interview and sent a file on it takes no more responsibility for the case. Any change of embassy needs the file transfer to be negotiated between the applicant and the 2 embassies. I’m assuming that same process would hold if a file is at an embassy and you want to change to AOS.

 

[Sm1smom]

Once KCC has scheduled an interview and sent a file on it takes no more responsibility for the case. Any change of embassy needs the file transfer to be negotiated between the applicant and the 2 embassies. I’m assuming that same process would hold if a file is at an embassy and you want to change to AOS.

Yup! Correct.

 

[SusieQQQ]

1. There's no guarantee you'll get the EAD by July 1st - you can check USCIS Processing Times yourself to get a better idea.
2. C9.

I would go further and say there is almost no chance of getting an EAD in two months, which is essentially what is needed.

 

[ritallight]

Yes, there was no need to request the DS260 unlock for address update if you already got the AOS 2NL after informing KCC of your processing change. You probably got that other response which I think is generic since all the CNs are now current and KCC doesn’t want to be bothered with unlock requests again.

Ok Thank you Mom