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DV 2021 AOS Only

Welcome101 said:
Hello @Sm1smom @SusieQQQ
I tried to look for a sponsor but it's hard to find one in my area. However, I have a good paying job and I was wondering if my recent paychecks and employment letter could serve as evidence that I am unlikely to become a public charge.
Thanks
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You don’t need a sponsor if you have an income or personal savings you can use in demonstrating you’re unlikely to become a public charge. Yes you can use your pay slips and employment verification letter in this case.
 
bhanu_sigdel said:
@Sm1smom My Employer had filed I-140 in the past and my I-140 case was denied. In I-485 form, there is question about:

"Receipt Number of Underlying Petition".

Should I mention the receipt number of my I-140 case that was denied?

I notice that it is asking specifically about the underlying petition but DV category does not include any petition. I have put N/A as the response for this question, but just wanted to double check with you on whether my response is correct.
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The receipt number for the I-140 is not applicable to a DV based AOS application, it therefore should not be listed on the I485. Your N/A response is correct.
 
toto_ro said:
Hi everyone here!

I am so glad that I came across this forum with useful info. I have a question about whether I should go through AOS as a derivative now. So my husband who is the principal applicant is currently going through consular processing abroad (waiting to have his interview scheduled). As a derivative, I am working in the US on a work visa. I have contacted the USCIS and also read the eligibility to file AOS as a dependent. The answer seems to be if the visa bulletin is current, then I can go ahead and submit my application. But in I-485's instructions, it stated that USCIS cannot approve the form I-485 as a derivative applicant until the principal applicant has been granted lawful permanent resident status. So I am not sure if I should wait until he gets his interview or I should file now.

I wonder if any of you has any suggestion for a case like this. Many thanks in advance for any information!
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My first thought (without checking up everything that you’ve been reading) is that you may be confusing two different situations. “Dependents” (as opposed to “derivatives”) is usually used when the principal plus family are all adjusting in the US, as the term usually refers to those on dependent visas in the US (H4 dependent for H1 principal etc). In this instance yes they can submit when the VB is current as they all submit at the same time as or after the principal has an i485 submitted. But note that a dependent cannot submit with no i485 filed by the principal. As a derivative applicant of someone doing CP, you have no basis on which to adjust until your husband is a LPR. This means not only when he gets his interview, but that he has entered the US on his immigrant visa and become an LPR.
 
My case number is current for June. Is there anyone who has already submitted the AOS package for June? Just wanted to know, if it counts early filing or not, as case number is current for June?
 
HEM_NEPAL said:
My case number is current for June. Is there anyone who has already submitted the AOS package for June? Just wanted to know, if it counts early filing or not, as case number is current for June?
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Go over spreadsheet FAQ and you'll find a lot of info about early filing.
Also, check the spreadsheet timeline to see several cases of June who have done early filing so far.
(In general, when your package is received by lockbox before the 1st day of your current month, it is considered as early filing. whether it'd be 1 day or 1 month)
 
HEM_NEPAL said:
My case number is current for June. Is there anyone who has already submitted the AOS package for June? Just wanted to know, if it counts early filing or not, as case number is current for June?
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Yes lots of people who are current in June have already submitted - look at the timeline spreadsheet. And yes it's early filing if you file before you are current.
 
coffeemonster said:
Yes lots of people who are current in June have already submitted - look at the timeline spreadsheet. And yes it's early filing if you file before you are current.
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Thank you so much. When I read the past posts, some of them are saying there is a risk of your package being sent back. As June is very close, just wanted to know how risky it might be, if anyone has that experience?
 
HEM_NEPAL said:
Thank you so much. When I read the past posts, some of them are saying there is a risk of your package being sent back. As June is very close, just wanted to know how risky it might be, if anyone has that experience?
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One person here reported a rejection for early filing recently. I don't know how big the risk is. If your medical is very recent, then the risk is probably not too bad. If it gets rejected after a month, just file again. You would need your medical to have enough time to file, get rejected, receive the rejected package, and file again and still be within the 60 days. Otherwise you'll have to get another medical done. You could file your second attempt without a medical, but you'll still need one to bring to the interview, and with the amount of time that's still left in the fiscal year, there's not much sense in filing without one imo.

Personally I would not bother filing early for the sake of a week, given that it's still quite early in the FY. More than 1 week, I'd think about the medical expiry date first. More than a couple of weeks, I think I'd file early regardless (I filed on April 26th, current in June, no response yet).

Honestly I'm really bothered by this whole rejection business and I would like to know if anyone has ever sued USCIS over it. It's been going on for years. One person years ago had to send their package 3 times. There's no excuse for it - the policy is binding on all USCIS employees. That should apply to the Lockbox staff too even though they are contractors. I know that in most cases the simplest solution is just to file again but it bugs me that they keep getting away with it.
 
coffeemonster said:
One person here reported a rejection for early filing recently. I don't know how big the risk is. If your medical is very recent, then the risk is probably not too bad. If it gets rejected after a month, just file again. You would need your medical to have enough time to file, get rejected, receive the rejected package, and file again and still be within the 60 days. Otherwise you'll have to get another medical done. You could file your second attempt without a medical, but you'll still need one to bring to the interview, and with the amount of time that's still left in the fiscal year, there's not much sense in filing without one imo.

Personally I would not bother filing early for the sake of a week, given that it's still quite early in the FY. More than 1 week, I'd think about the medical expiry date first. More than a couple of weeks, I think I'd file early regardless (I filed on April 26th, current in June, no response yet).

Honestly I'm really bothered by this whole rejection business and I would like to know if anyone has ever sued USCIS over it. It's been going on for years. One person years ago had to send their package 3 times. There's no excuse for it - the policy is binding on all USCIS employees. That should apply to the Lockbox staff too even though they are contractors. I know that in most cases the simplest solution is just to file again but it bugs me that they keep getting away with it.
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Thank you so much for sharing this. I will wait to send it once my case is current then. I agree, filing, again and again, is a complete headache. I have done medical at the end of April, so I guess I have enough time before expiration for the submission. Thanks again.
 
If I am in Chicago, can I drop the AOS package in person or does it always have to be sent through a postal service?
 
coffeemonster said:
One person here reported a rejection for early filing recently.
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can you point to the post? There was one I recall that was a little unclear and it seemed like maybe using an outdated 485 form might have been the reason for rejection - not sure if this is the same one?

Also, what basis would you sue? There’s no monetary loss as they don’t accept the fee. It’s a bit of time delay that is an extra anyway. I totally get the frustration angle of they should accept but don’t - but that’s not a basis to sue?
 
SusieQQQ said:
can you point to the post? There was one I recall that was a little unclear and it seemed like maybe using an outdated 485 form might have been the reason for rejection - not sure if this is the same one?

Also, what basis would you sue? There’s no monetary loss as they don’t accept the fee. It’s a bit of time delay that is an extra anyway. I totally get the frustration angle of they should accept but don’t - but that’s not a basis to sue?
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This is the post I was talking about:

Rejection says: You have filed before the block of Case Numbers authorized...
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Although now that I read it again, they mentioned that they used an expired I-485. Maybe that's the real reason for the rejection, and the explanation given is just wrong. That kind of thing has happened before.

Regarding a basis to sue: you might have to pay for a medical exam again, you might go out of status after they wrongly reject your package and before they accept the second one. It might not be worth it in most cases, I was just curious really.
 
coffeemonster said:
This is the post I was talking about:



Although now that I read it again, they mentioned that they used an expired I-485. Maybe that's the real reason for the rejection, and the explanation given is just wrong. That kind of thing has happened before.

Regarding a basis to sue: you might have to pay for a medical exam again, you might go out of status after they wrongly reject your package and before they accept the second one. It might not be worth it in most cases, I was just curious really.
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Re going out of status - you don’t know until the actual VB is published if you will be current or not so that’s not really an excuse imo if you are cutting it so fine anyway. Not a legal argument but a practical one - if anyone is banking on that it’s just not smart.

Cost of suing is almost certainly bigger than the cost of a medical?

I think someone has mentioned before that the memo is not actually binding therefore no basis to sue...but that may be faulty memory too.

And yeah that was the post. It wasn’t really clear to me what the actual rejection reason was.
 
Sm1smom said:
You’ll not only have to wait until your spouse gets their interview, you actually cannot file for AOS until AFTER they get admitted to the US as a LPR. Here’s what the I-485 instructions says about someone in your situation (under “When Should I File” section):
“After the principal applicant obtained an immigrant visa and entered the United States as a lawful permanent resident if the principal applicant is still a lawful permanent resident and, at the time of the principal applicant’s entry, you were the principal applicant’s spouse or child.”
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Thank you @Sm1smom for your response! It is more clear to me now.
 
SusieQQQ said:
My first thought (without checking up everything that you’ve been reading) is that you may be confusing two different situations. “Dependents” (as opposed to “derivatives”) is usually used when the principal plus family are all adjusting in the US, as the term usually refers to those on dependent visas in the US (H4 dependent for H1 principal etc). In this instance yes they can submit when the VB is current as they all submit at the same time as or after the principal has an i485 submitted. But note that a dependent cannot submit with no i485 filed by the principal. As a derivative applicant of someone doing CP, you have no basis on which to adjust until your husband is a LPR. This means not only when he gets his interview, but that he has entered the US on his immigrant visa and become an LPR.
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Thank you @SusieQQQ ! It makes sense. And thank you for explaining the difference between dependents and derivatives.
 
SusieQQQ said:
Re going out of status - you don’t know until the actual VB is published if you will be current or not so that’s not really an excuse imo if you are cutting it so fine anyway. Not a legal argument but a practical one - if anyone is banking on that it’s just not smart.

Cost of suing is almost certainly bigger than the cost of a medical?

I think someone has mentioned before that the memo is not actually binding therefore no basis to sue...but that may be faulty memory too.

And yeah that was the post. It wasn’t really clear to me what the actual rejection reason was.
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Well this year in particular, you might have not have much of a choice but to cut it fine. One person posted recently that they were possibly going to lose their non-immigrant status due to the pandemic related downturn - losing a month on the AoS process could make all the difference to them, and they probably have no chance with CP.

The bottom line is, losing a month or more could cost you the green card, and if that's due to a clear error on the part of USCIS, you should be able to do something about it. I agree that if if you're not facing that risk then it's bound to be cheaper to just file again.

The memo states

Unless specifically exempted herein, this PM applies to and is binding on all U.S . Citizenship and Immigration Services (USCIS) employees
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I'm pretty sure the Lockbox is run by JPMorgan Chase who probably in turn use contractors, but don't think that should let USCIS off the hook.
 
coffeemonster said:
This is the post I was talking about:



Although now that I read it again, they mentioned that they used an expired I-485. Maybe that's the real reason for the rejection, and the explanation given is just wrong. That kind of thing has happened before.

Regarding a basis to sue: you might have to pay for a medical exam again, you might go out of status after they wrongly reject your package and before they accept the second one. It might not be worth it in most cases, I was just curious really.
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Just wanted to make sure about the most recent I485. I believe it is of the edition 03/10/21 at the end of the page right?
 
@Sm1smom hi mom - just wanted to check on this- so my wife is doing FTJ..if any case if she cannot get processed before the fiscal year then her case get dropped right ?....if so what path can i sponsor her since i have gotten my GC via AOS
 
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