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DV 2021 AOS Only

Hi everyone!
My wife won DV 2021 and we are currently in the United States on B-2 status (more than 90 days). Our I-94 will expire 09/01/2020 and We have already filed the form I-539, I-539A for B-2 extension but have not received a decision on the extension yet.
In case visa bulletin will be "Current", we are going to apply for Adjustment of Status.
Unfortunately We have a little time for filling AOS application, between expected bulletin release date (15-20, August) and I-94 expiration date (1, September) .

In this regard I have some questions:

1. As indicated on the USCIS website:
"Have an immigrant visa immediately available at the time of filing an adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status); and Are admissible to the United States."
So at what point of time the application for AOS is considered as filed? At the date of sending the I-485 which is indicated on the postmark or The date we'll receive a Notice of Action (Form I-797C) ?

2. In case we file Form I-485 before I-94 will expire (September 1), but will receive a Notice of Action (Form I-797C) after I-94 expiration date.
Will it be mean that I-485 was timely filed?

3. As indicated in Instructions for Form I-539:
"You must submit an application for extension of stay or change of status before your current authorized stay expires.
Even if you are approved for another status in the future, you will be required to file a Form I-539 to “bridge” any gap that might arise between the expiration of your current status and validity of your future status."
In accordance with this paragraph, can we file I-485 in the period of time between I-94 expiration date and before the I-94 will be extended?
Is there any risk, that our AOS application would be considered as filed in out of status in case I-94 extension would be rejected?
 
M&K said:
Hi everyone!
My wife won DV 2021 and we are currently in the United States on B-2 status (more than 90 days). Our I-94 will expire 09/01/2020 and We have already filed the form I-539, I-539A for B-2 extension but have not received a decision on the extension yet.
In case visa bulletin will be "Current", we are going to apply for Adjustment of Status.
Unfortunately We have a little time for filling AOS application, between expected bulletin release date (15-20, August) and I-94 expiration date (1, September) .

In this regard I have some questions:

1. As indicated on the USCIS website:
"Have an immigrant visa immediately available at the time of filing an adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status); and Are admissible to the United States."
So at what point of time the application for AOS is considered as filed? At the date of sending the I-485 which is indicated on the postmark or The date we'll receive a Notice of Action (Form I-797C) ?

2. In case we file Form I-485 before I-94 will expire (September 1), but will receive a Notice of Action (Form I-797C) after I-94 expiration date.
Will it be mean that I-485 was timely filed?

3. As indicated in Instructions for Form I-539:
"You must submit an application for extension of stay or change of status before your current authorized stay expires.
Even if you are approved for another status in the future, you will be required to file a Form I-539 to “bridge” any gap that might arise between the expiration of your current status and validity of your future status."
In accordance with this paragraph, can we file I-485 in the period of time between I-94 expiration date and before the I-94 will be extended?
Is there any risk, that our AOS application would be considered as filed in out of status in case I-94 extension would be rejected?
Click to expand...
No, no, no, you can’t do this. You can’t file for an extension of a visitor status knowing you will AOS, you can’t file AOS while you are in a “pending” extension of status, and you can’t file AOS before your number is current in the visa bulletin. (What even is your case number?) You need to go home and do CP.
 
M&K said:
Hi everyone!
My wife won DV 2021 and we are currently in the United States on B-2 status (more than 90 days). Our I-94 will expire 09/01/2020 and We have already filed the form I-539, I-539A for B-2 extension but have not received a decision on the extension yet.
In case visa bulletin will be "Current", we are going to apply for Adjustment of Status.
Unfortunately We have a little time for filling AOS application, between expected bulletin release date (15-20, August) and I-94 expiration date (1, September) .

In this regard I have some questions:

1. As indicated on the USCIS website:
"Have an immigrant visa immediately available at the time of filing an adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status); and Are admissible to the United States."
So at what point of time the application for AOS is considered as filed? At the date of sending the I-485 which is indicated on the postmark or The date we'll receive a Notice of Action (Form I-797C) ?

2. In case we file Form I-485 before I-94 will expire (September 1), but will receive a Notice of Action (Form I-797C) after I-94 expiration date.
Will it be mean that I-485 was timely filed?

3. As indicated in Instructions for Form I-539:
"You must submit an application for extension of stay or change of status before your current authorized stay expires.
Even if you are approved for another status in the future, you will be required to file a Form I-539 to “bridge” any gap that might arise between the expiration of your current status and validity of your future status."
In accordance with this paragraph, can we file I-485 in the period of time between I-94 expiration date and before the I-94 will be extended?
Is there any risk, that our AOS application would be considered as filed in out of status in case I-94 extension would be rejected?
Click to expand...

What is your CN to start with? That is an important information which you seem to have omitted on purpose from your post.
 
M&K said:
Hi everyone!
My wife won DV 2021 and we are currently in the United States on B-2 status (more than 90 days). Our I-94 will expire 09/01/2020 and We have already filed the form I-539, I-539A for B-2 extension but have not received a decision on the extension yet.
In case visa bulletin will be "Current", we are going to apply for Adjustment of Status.
Unfortunately We have a little time for filling AOS application, between expected bulletin release date (15-20, August) and I-94 expiration date (1, September) .

In this regard I have some questions:

1. As indicated on the USCIS website:
"Have an immigrant visa immediately available at the time of filing an adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status); and Are admissible to the United States."
So at what point of time the application for AOS is considered as filed? At the date of sending the I-485 which is indicated on the postmark or The date we'll receive a Notice of Action (Form I-797C) ?

2. In case we file Form I-485 before I-94 will expire (September 1), but will receive a Notice of Action (Form I-797C) after I-94 expiration date.
Will it be mean that I-485 was timely filed?

3. As indicated in Instructions for Form I-539:
"You must submit an application for extension of stay or change of status before your current authorized stay expires.
Even if you are approved for another status in the future, you will be required to file a Form I-539 to “bridge” any gap that might arise between the expiration of your current status and validity of your future status."
In accordance with this paragraph, can we file I-485 in the period of time between I-94 expiration date and before the I-94 will be extended?
Is there any risk, that our AOS application would be considered as filed in out of status in case I-94 extension would be rejected?
Click to expand...

How did you deal with this part of the I539?

B-1, Visitor for Business, or B-2, Visitor for Pleasure
If you are filing for an extension/change, you must file your application with the original Form I-94 for each person included in your application. In addition, you must submit a typed or written statement explaining in detail:
A. The reasons for your request;
B. The reasons why your extended stay would be temporary, including what arrangements you have made to depart
from the United States; and
C. Any effect the extended stay may have on your foreign employment or residency.
 
SusieQQQ said:
No, no, no, you can’t do this. You can’t file for an extension of a visitor status knowing you will AOS, you can’t file AOS while you are in a “pending” extension of status, and you can’t file AOS before your number is current in the visa bulletin. (What even is your case number?) You need to go home and do CP.
Click to expand...

Thanks for your reply SuisieQQQ !

- "You can’t file for an extension of a visitor status knowing you will AOS"

But we applied for extension of status for another reason not related to AOC. And we couldn’t know at that time whether we would apply for the AOC and we still don’t know this, because the visa bulletin has not yet been published.
And for what cases this paragraph applies?
"You must submit an application for extension of stay or change of status before your current authorized stay expires.
Even if you are approved for another status in the future, you will be required to file a Form I-539 to “bridge” any gap that might arise between the expiration of your current status and validity of your future status."

- "you can’t file AOS while you are in a “pending” extension of status"

I think the same as you, although I have not found a source where this would be clearly indicated.

- "and you can’t file AOS before your number is current in the visa bulletin. (What even is your case number?)"

Yes of course. We are looking forward to the release of the visa bulletin in August. (Case number 18**)

- "You need to go home and do CP"

Thanks for the advice!
But as DV 2020 has shown, the CP may not begin. The proclamation may be extended.
 
M&K said:
Thanks for your reply SuisieQQQ !

- "You can’t file for an extension of a visitor status knowing you will AOS"

But we applied for extension of status for another reason not related to AOC. And we couldn’t know at that time whether we would apply for the AOC and we still don’t know this, because the visa bulletin has not yet been published.
And for what cases this paragraph applies?
"You must submit an application for extension of stay or change of status before your current authorized stay expires.
Even if you are approved for another status in the future, you will be required to file a Form I-539 to “bridge” any gap that might arise between the expiration of your current status and validity of your future status."

- "you can’t file AOS while you are in a “pending” extension of status"

I think the same as you, although I have not found a source where this would be clearly indicated.

- "and you can’t file AOS before your number is current in the visa bulletin. (What even is your case number?)"

Yes of course. We are looking forward to the release of the visa bulletin in August. (Case number 18**)

- "You need to go home and do CP"

Thanks for the advice!
But as DV 2020 has shown, the CP may not begin. The proclamation may be extended.
Click to expand...
1800 what region?

So you filed your i539 before the release of DV results? Going to look very suspicious if not.

You cannot adjust status if you are not in status. Beyond the end of your i94 pending change, you are no longer in status. This is clearly stated in the uscis info form for i539. “Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending.” https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf

Rejection for early filing seems to happen disproportionately more before the fiscal year begins, this is why the spreadsheet doesn’t recommend it for early months.

edit: oh, and the “bridge” is usually used for things like bridging from one H1 employer to another.
 
Last edited:
M&K said:
Hello Sm1smom!

Case number 18**
Click to expand...

M&K said:
Europe
Click to expand...

Filing for an extension with the mind of eventually prolonging your stay to enable you AOS is considered a fraudulent misuse of a NIV.

Your EOS will most likely be denied. You also cannot file for AOS while the EOS is pending as you will have no status to adjust from during that period (assuming your CN becomes current while the EOS is pending).

The FY starts in October which is already a month after the expiration of your granted status.
 
Sm1smom said:
Filing for an extension with the mind of eventually prolonging your stay to enable you AOS is considered a fraudulent misuse of a NIV.

Your EOS will most likely be denied. You also cannot file for AOS while the EOS is pending as you will have no status to adjust from during that period (assuming your CN becomes current while the EOS is pending).

The FY starts in October which is already a month after the expiration of your granted status.
Click to expand...

Thank you for reply Sm1smom!
 
Hi, Guys. Thank you for such a great forum.
I arrived to US in the middle of December 2019 with L1B visa and won a DV lottery.

I have a wife and 3 kids.
When I was filling taxes for previous year I didn't know about substantial presence test and filled it as Single instead of Married filling jointly. Also, my wife at the moment didn't ssn and my kids still don't have ITINs.

I have been in US 6 weeks in 2019 and in last 3 years I have been here not more then 120 days. I assume, had to file taxes as non resident and jointly with my wife and kids.

Is this going to be a problem during the DV interview? Should I talk to a accountant and file some kind of amendment?
Thank you.
 
Hello everyone, I hope you all are doing great.

I have a question regarding the I944, it's asking for Bank Statements but I personally don't have a big amount. I'm an F-1 so my bank pays my tuition straight to the University and my parents send me a monthly payment which is not a lot. However, I asked my parents to send me their bank statements showing they have enough money to cover my school's tuition. Further, I asked them to send me documents to show the different assets they own: house and lands. My question is, am I required to have the money for my tuition on my bank statement or is it ok if it's on my parent's statements? and would the documents of ownership for the house and lands of my parents be enough to prove that I won't be a public charge? I got confused because my friend told me that USCIS won't need my parent's bank statement and that the money should reflect on my bank statement. Thank you all for clearing this confusion for me!
 
HappyDV2021 said:
Hi, Guys. Thank you for such a great forum.
I arrived to US in the middle of December 2019 with L1B visa and won a DV lottery.

I have a wife and 3 kids.
When I was filling taxes for previous year I didn't know about substantial presence test and filled it as Single instead of Married filling jointly. Also, my wife at the moment didn't ssn and my kids still don't have ITINs.

I have been in US 6 weeks in 2019 and in last 3 years I have been here not more then 120 days. I assume, had to file taxes as non resident and jointly with my wife and kids.

Is this going to be a problem during the DV interview? Should I talk to a accountant and file some kind of amendment?
Thank you.
Click to expand...

If you filed as single when you’re indeed married, you need to amend your tax filing in that case. You should talk to a tax expert, not an “accountant”
 
jewelmerit1995 said:
Hello everyone, I hope you all are doing great.

I have a question regarding the I944, it's asking for Bank Statements but I personally don't have a big amount. I'm an F-1 so my bank pays my tuition straight to the University and my parents send me a monthly payment which is not a lot. However, I asked my parents to send me their bank statements showing they have enough money to cover my school's tuition. Further, I asked them to send me documents to show the different assets they own: house and lands. My question is, am I required to have the money for my tuition on my bank statement or is it ok if it's on my parent's statements? and would the documents of ownership for the house and lands of my parents be enough to prove that I won't be a public charge? I got confused because my friend told me that USCIS won't need my parent's bank statement and that the money should reflect on my bank statement. Thank you all for clearing this confusion for me!
Click to expand...

You cannot list your parents’s bank accounts, or documentary evidence of their assets and properties on your I944. They are not owned by you, they are not under your name. Fill the I-944 precisely as it pertains to you regardless of how much is in your bank account. You however can have your parents bank accounts on hand for your interview (or include them in your AOS package with a note if you like) to demonstrate you have a strong financial backing. USCIS isn’t to trying to use the I-944 to determine if you have enough money for your tuition in your personal account or not.

On the other hand, consider finding a qualified person to provide you with an I-134.
 
Sm1smom said:
You cannot list your parents’s bank accounts, or documentary evidence of their assets and properties on your I944. They are not owned by you, they are not under your name. Fill the I-944 precisely as it pertains to you regardless of how much is in your bank account. You however can have your parents bank accounts on hand for your interview (or include them in your AOS package with a note if you like) to demonstrate you have a strong financial backing. USCIS isn’t to trying to use the I-944 to determine if you have enough money for your tuition in your personal account or not.

On the other hand, consider finding a qualified person to provide you with an I-134.
Click to expand...

Hey mom, thank you for your answer. This is interesting because on the I944 instruction page it says "If you or a household member owns a home, you may include the net value of your or the household member’s home as an asset" It also says "If you list assets or resources, submit evidence of the value of your or your household member(s)’s assets. You must include the name of the asset holder, a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value." This is based on my understanding that family members are considered household (I live alone in the USA, my parents are back home).

Further, I own 25% of our house back home, is that something I can include then?

Thank you for your response, this is really confusing
 
jewelmerit1995 said:
Hey mom, thank you for your answer. This is interesting because on the I944 instruction page it says "If you or a household member owns a home, you may include the net value of your or the household member’s home as an asset" It also says "If you list assets or resources, submit evidence of the value of your or your household member(s)’s assets. You must include the name of the asset holder, a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value." This is based on my understanding that family members are considered household (I live alone in the USA, my parents are back home).

Further, I own 25% of our house back home, is that something I can include then?

Thank you for your response, this is really confusing
Click to expand...

from the instructions, page 6: Item Number 9. Assets. List only the assets that can be converted into cash within 12 months.

I guess you could list your share of the house if you want, but the chances of the family selling the house so you can convert your 25% into dollars for use in the US is probably pretty low, so it’s unlikely to count for much.
 
jewelmerit1995 said:
Hey mom, thank you for your answer. This is interesting because on the I944 instruction page it says "If you or a household member owns a home, you may include the net value of your or the household member’s home as an asset" It also says "If you list assets or resources, submit evidence of the value of your or your household member(s)’s assets. You must include the name of the asset holder, a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value." This is based on my understanding that family members are considered household (I live alone in the USA, my parents are back home).

Further, I own 25% of our house back home, is that something I can include then?

Thank you for your response, this is really confusing
Click to expand...

It helps if your read all the questions on the form and the instructions they’ve provided in relation to one another, and not in isolation based on the section that seems to work for you. The I-944 Self Sufficeincy form views household members (for US immigration purpose) as someone you can legally list as a dependent on your federal income tax, or someone who can claim or list you as a dependent on their federal income tax filings. Household member doesn’t necessarily mean family members which is how you are viewing this. Also since your parents are not based in the US, I believe that rules them out as household members.

If you believe your parents’ income qualifies to be listed on the I-944, you had better be ready to list all of your siblings and any other person they’re responsible for taking care of back at home on the form. You should also be ready to list all of their liabilities and debts as members of the same household. You can’t list their income without listing their liabilities and debts, otherwise the information you’re listing on the I-944 wouldn’t be complete and truthful, right?

Do you have documentary evidence backing your 25% ownership of this property? Can this property be considered readily convertible to cash in a reasonable amount of time without any objection from others with stake in the property should the need arise? If you can honestly answer “Yes” to these two questions and can back it up should you be required to do so, then yes, you can list it with your 25% share noted as the value of the property.
 
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