DV 2021 AOS Only

Sm1smom

Super Moderator
Hi.
My CN is AS22*** and I’m in the US on H1b visa. Since my CN is high, I plan to do CP first. But if the ongoing proclamation is extended after January, can I switch to AOS? I’m assuming my CN will not be current soon anyway, so changing from CP to AOS won’t be a problem or does it make a delay in process?
Or rather, should I plan to do AOS first and decide whether I should switch to CP or not, when my CN seems to be cutoff due to high number? Any comments, suggestions is appreciated.
Yes you can switch from CP to AOS. If you’re yet to submit yourDS260 form, you might as well wait and see to get a better feel of how things are proceeding.
 

Sm1smom

Super Moderator
Heads UP DV2021 AOSers : be aware of upcoming fee changes effective Oct. 2nd,

I-485 (adult) gets reduced from $1,140 to $1,130. - 1% price reduction = -$10
I-485 (minor) gets increased from $750 to #1,140 (same as an adult). - 51% price increase = +$380
Biometric Services reduced from $85 to $30. 65% price reduction -$55 -65

This new fee structure is effective Oct. 2nd, 2020. Any application postmarked on or after this date must be accompanied by the new payment structure or your package will be rejected the Chicago Lockbox.

USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements

USCIS Adjusts Fees to Help Meet Operational Needs
In addition, filing an I-131 or I-765 with the I-458 will no longer be free:

I-131 (previously free when filed with an I-485 increased from $575 to $590 - 3% price increase = $15 (or 103% price increase since it used to be free when filed with the I485).
I-765 (previously free when filed with an I-485 increased from $410 to $550 - 34% price increase = $140 (or 134% price increase since it used to be free when filed with the I485).
 
In addition, filing an I-131 or I-765 with the I-458 will no longer be free:

I-131 (previously free when filed with an I-485 increased from $575 to $590 - 3% price increase = $15 (or 103% price increase since it used to be free when filed with the I485).
I-765 (previously free when filed with an I-485 increased from $410 to $550 - 34% price increase = $140 (or 134% price increase since it used to be free when filed with the I485).
thank you for your updated!
 
Hi ,
I read that there was an injunction on public charge ( form I-944). As per USCIS i 485 postmarked after july does not need the form I-944 however they say that they will refer to following :
" In any public charge inadmissibility determination, USCIS will consider the receipt of public benefits consistently with prior public charge guidance – the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1. (PDF, 77.92 KB)"

Does this mean there is a OLD form that we need to submit instead of the new I944?
 

Sm1smom

Super Moderator
Hi ,
I read that there was an injunction on public charge ( form I-944). As per USCIS i 485 postmarked after july does not need the form I-944 however they say that they will refer to following :
" In any public charge inadmissibility determination, USCIS will consider the receipt of public benefits consistently with prior public charge guidance – the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1. (PDF, 77.92 KB)"

Does this mean there is a OLD form that we need to submit instead of the new I944?
Form I-134 was heavily relied on for DV based AOSers who are unable to demonstrate personal financial strength. So take a look at the AOS process spreadsheet, “Evidence of Financial Support” under the “AOS Package” tab for what may be used outside of the I-944.

On a side note, please be aware this injunction could be overturned at any time. My recommendation is to continue to gather the listed documents for the I-944 in advance. If the injunction is still in place when you’re ready to file, then you can ignore the I-944. You don’t want to be caught off guard or unprepared when the injunction suddenly gets lifted.
 

M&K

New Member
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?
 

SusieQQQ

Well-Known Member
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?
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.
 

Sm1smom

Super Moderator
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?
What is your CN to start with? That is an important information which you seem to have omitted on purpose from your post.
 

SusieQQQ

Well-Known Member
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?
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.
 

M&K

New Member
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.
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.
 

SusieQQQ

Well-Known Member
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.
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.
 
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Sm1smom

Super Moderator
Hello Sm1smom!

Case number 18**
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.
 

M&K

New Member
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.
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!
 
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