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DV 2021 AOS Only

teitake said:
Hi.
1. For form I-131, when filing together in AOS package with I-485, what document do I need in order to show that I am filing on the basis of a pending AOS application?
Does the same person who processes I-485 also process I-131 and the separate evidence is not needed?
Otherwise since at the time of sending/compiling the document, the I-485 is not technically pending and I have nothing to show.
Am I overthinking this?

Thank you.
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1. Both forms being filed together is all that is required (mailed in the same package)
2. The same person does not process both forms - NBC process the I-131, FO process I-485 - refer to the AOS process spreadsheet for more on this.
3. Each form is required to be accompanied by the applicable set of supporting documents
 
Lee
I saw that you had an interview today in SJ and got approved.
Could you share a little more about your interview?
 
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Sm1smom said:
1. Both forms being filed together is all that is required (mailed in the same package)
2. The same person does not process both forms - NBC process the I-131, FO process I-485 - refer to the AOS process spreadsheet for more on this.
3. Each form is required to be accompanied by the applicable set of supporting documents
Click to expand...
Thank you!
 
Good afternoon!
I wanted to ask how we can get 2nd NL? We resubmitted our DS-260 and wrote to KCC with asking them switch our case from CP to AoS? They responded with standardized letter that we have to contact with USCIS and to find out that if we are eligible for AoS. Is there any action needed if we know that we are eligible?
 
Lyazzat said:
Good afternoon!
I wanted to ask how we can get 2nd NL? We resubmitted our DS-260 and wrote to KCC with asking them switch our case from CP to AoS? They responded with standardized letter that we have to contact with USCIS and to find out that if we are eligible for AoS. Is there any action needed if we know that we are eligible?
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You need to go through the AOS process spreadsheet which is linked to the first post on page one of this thread.
 
Another I134 question.
Right now I make enough to support myself but it’s not enough to meet the poverty guidelines, so I am using an sponsor just to be on the safe side. However, he won’t be making any specific contributions, which is what we selected in the form where it asks if he intends to make specific contributions to support me.
I just want to double check that, indeed, he does not need to do so and we selected the correct one?
 
DV21M said:
Another I134 question.
Right now I make enough to support myself but it’s not enough to meet the poverty guidelines, so I am using an sponsor just to be on the safe side. However, he won’t be making any specific contributions, which is what we selected in the form where it asks if he intends to make specific contributions to support me.
I just want to double check that, indeed, he does not need to do so and we selected the correct one?
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Selecting I do not intend to make specific contributions doesn’t mean the sponsor is not obligated or expected to provide for the sponsor should the need arise. It simply means sponsor isn’t limiting their sponsorship obligations to some specific contributions.
 
DV21M said:
Hopefully it won’t have that much of an impact since AOS cases aren’t that many to begin with.
I am also still waiting for the DV fee receipt to add it to my package if possible, it was cashed on April 21st and I sent it with an overnight SASE, but it has not been sent back yet.
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Same like me, I am waiting my invoice too, check was cashed April 20st and doesnt appear in the tracking not yet I expect it to the May 10th or 11th
 
Blade_ said:
@ishmog Quick question about your dv payment timeline: what type of postal service did you use for sending the payment and for SASE? Did you use overnight both? Thanks!
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As for me, I sent my DV Fee on April 20th (USPS first class mail with a certified mail receipt (white and green small paper with a tracking number). However, after two weeks my mail wasn't delivered. Nobody can find it. I have made a money order inquiry to refund it and sent a new one with a priority express USPS (should be delivered the next day). I put priority mail (white red envelope) as a self-addressed envelope. It has a tracking number too. Hope this time everything will be delivered. Do not want to send AOS package without a receipt.
 
Sm1smom said:
Selecting I do not intend to make specific contributions doesn’t mean the sponsor is not obligated or expected to provide for the sponsor should the need arise. It simply means sponsor isn’t limiting their sponsorship obligations to some specific contributions.
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Awesome! I wasn’t sure if he was supposed to and selecting “do not” would make the I134 void or something.
Thank you!
 
Hi sm1smom,

I have H1-B, and my wife is under H4. What is the eligibility category to file the I-765 form? I believe it is (c)(9). Am I correct?
 
Hello Sm1smom,

First of all thank you for this forum and all of the information provided in it.

I am currently in France, and thinking of switching from CP to AOS given the current climate.
For info, I am EU21*** with a valid O-1 Visa until Dec 27, 2021 + named plaintiff in a recent DV2021 Mandamus lawsuit.
France doesn't currently allow me to leave the territory, but this policy is supposed to be lifted either early June or early July at the latest.

1) Will my O-1 status allow me to bypass the 90-day rule once I return to the US? I heard the dual intent aspect of an O-1 is not as black-or-white as some other dual intent visas. If yes, is it something that would need to be mentioned in the AOS filing, or can I trust the Officers to put 2 and 2 together?

2) Given the fact that the receipt of DV administrative fee payment takes 4 to 8 weeks to receive, will there be enough time to file on time or would you consider it to be a little too risky?

Thank you very much.
 
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YoYo-2021 said:
Hello Sm1smom,

First of all thank you for this forum and all of the information provided in it.

I am currently in France, and thinking of switching from CP to AOS given the current climate.
For info, I am EU21*** with a valid O-1 Visa until Dec 27, 2021 + named plaintiff in a recent DV2021 Mandamus lawsuit.
France doesn't currently allow me to leave the territory, but this policy is supposed to be lifted either early June or early July at the latest.

1) Will my O-1 status allow me to bypass the 90-day rule once I return to the US? I heard the dual intent aspect of an O-1 is not as black-or-white as some other dual intent visas. If yes, is it something that would need to be mentioned in the AOS filing, or can I trust the Officers to put 2 and 2 together?

2) Given the fact that the receipt of DV administrative fee payment takes 4 to 8 weeks to receive, will there be enough time to file on time or would you consider it to be a little too risky?

Thank you very much.
Click to expand...
And one last question that came to mind (sorry about that):

3) Can I pay the DV administrative fee without officially switching from CP to AOS? I would be ready to do this financially. This could give me time to see how CP is moving forward until receiving the receipt 4-8 weeks later and be ready to file.

Thanks again.
 
YoYo-2021 said:
Hello Sm1smom,

First of all thank you for this forum and all of the information provided in it.

I am currently in France, and thinking of switching from CP to AOS given the current climate.
For info, I am EU21*** with a valid O-1 Visa until Dec 27, 2021 + named plaintiff in a recent DV2021 Mandamus lawsuit.
France doesn't currently allow me to leave the territory, but this policy is supposed to be lifted either early June or early July at the latest.

1) Will my O-1 status allow me to bypass the 90-day rule once I return to the US? I heard the dual intent aspect of an O-1 is not as black-or-white as some other dual intent visas. If yes, is it something that would need to be mentioned in the AOS filing, or can I trust the Officers to put 2 and 2 together?

2) Given the fact that the receipt of DV administrative fee payment takes 4 to 8 weeks to receive, will there be enough time to file on time or would you consider it to be a little too risky?

Thank you very much.
Click to expand...
There’s no such thing as 90 day rule. It is basically some guideline provided by DOS to consular officers, it is not binding on USCIS. The IO will review the totality of the circumstances, regardless of the so called 90 day rule in determining if you’re attempting to circumvent the immigration process.

Some of the things the IO will be looking at includes if you were already in the US when you found out about your DV selection, how long you’ve been out of the US before returning to file a DV based AOS application, what was the duration of stay granted when you originally came to the US on your O1 and the purpose/event for which the visa was granted, has it already concluded? Did you return to the US for another event or simply to process a DV based AOS?

The fact that you already submitted your DS-260 with the mind of processing AOS and your being a named plaintiff in a recently filed mandamus are clear indications of an attempt at circumventing the immigration process which the IO can hold on to.

While I really do empathize with you and other selectees processing CP whose embassies are not processing DV based applications, or who are not likely to make it through because KCC is not scheduling them for interviews, I’m sorry I cannot provide you with DV based AOS guidance based on my knowing you are indeed trying to circumvent the immigration process.
 
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