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DV 2021 AOS Only

SusieQQQ said:
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.
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Hey Susie :) I hope you are doing well! I read that part but I thought it meant to include assets that can be converted into cash not must be converted. It just doesn't make any sense if they're asking me to prove that I won't be a financial burden on the government whereas I'm an F-1 meaning im completely dependent on my parents and not allowed to work so I have nothing aside from what my parents have.

Further, I looked into the poverty guidelines to see how much money I should have on my bank statement and it was a bit confusing, it says for 1 household its $12,760. So is that the amount I need to have on my account to prove? I can ask my parents to send me some their money.

I appreciate your time answering my question, really. I went through the form I944 and its asking bunch of documents from assets to insurance and im just super confused..
 
jewelmerit1995 said:
Hey Susie :) I hope you are doing well! I read that part but I thought it meant to include assets that can be converted into cash not must be converted. It just doesn't make any sense if they're asking me to prove that I won't be a financial burden on the government whereas I'm an F-1 meaning im completely dependent on my parents and not allowed to work so I have nothing aside from what my parents have.

Further, I looked into the poverty guidelines to see how much money I should have on my bank statement and it was a bit confusing, it says for 1 household its $12,760. So is that the amount I need to have on my account to prove? I can ask my parents to send me some their money.

I appreciate your time answering my question, really. I went through the form I944 and its asking bunch of documents from assets to insurance and im just super confused..
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Yep! Precisely why the Trump administration introduced the self sufficiency form - the intent of the form is to make it as difficult as possible to become a LPR.

The PGL is not about how much one has to have in their account, it refers to income currently being earned. However, if you can demonstrate you already have such an amount in your bank account, then that is a plus for you. Remember the form will be reviewed in its totality in order to make the self sufficiency determination, they will review the plus/minus of each factor in making a public charge determination.

Knowing how difficult this form will be for most F1 students is precisely why I previously suggested you look into getting an I-134.
 
fauchc said:
Hi guys,

I checked online and actually I found out that for making the evaluation agencies want original documents mailed to them plus the price for each document is quite high; so I was wondering whether would make sense to have evaluated only my HS diploma (to be on the safe side as you guys suggested) and my PhD degree, skipping my Bachelor and Master Degree.

In your experience, would this be a good idea?
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You can evaluate your degrees at ECE using the orignals
 
Sm1smom said:
You should also be ready to list all of their liabilities and debts as members of the same household.
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Mom, Not supporting his/her definition of household but just to clarify something. According to the instructions, it's asking the petitioner's liabilities not the household's.
 
Sm1smom said:
Yep! Precisely why the Trump administration introduced the self sufficiency form - the intent of the form is to make it as difficult as possible to become a LPR.

The PGL is not about how much one has to have in their account, it refers to income currently being earned. However, if you can demonstrate you already have such an amount in your bank account, then that is a plus for you. Remember the form will be reviewed in its totality in order to make the self sufficiency determination, they will review the plus/minus of each factor in making a public charge determination.

Knowing how difficult this form will be for most F1 students is precisely why I previously suggested you look into getting an I-134.
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Got it, makes sense now. However, would you please tell me more about that poverty guidelines? does it show the income expected for the number of households? Also, what does my sponsor need to have in order to support my document? because I don't want to get someone who would make things worse.. Thank you mom!
 
jewelmerit1995 said:
Got it, makes sense now. However, would you please tell me more about that poverty guidelines? does it show the income expected for the number of households? Also, what does my sponsor need to have in order to support my document? because I don't want to get someone who would make things worse.. Thank you mom!
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Sponsor’s income must be enough to meet the minimum displayed amount applicable to the number of people in their (sponsor’s) household plus the number of people in the household of the person being sponsored.
 
When it comes to tax return transcripts, are the free ones you can order from the IRS website ok?

This site claims that "some agencies" require a thing called a certified tax transcript that you get by filling out form 4506-T. But there's no mention of the word "certified" that I can find on the IRS website. I used the Get Transcripts link on that page and they sent me hard copies for free. But they look basically the same as something you would print yourself. Will USCIS accept these?
 
coffeemonster said:
When it comes to tax return transcripts, are the free ones you can order from the IRS website ok?

This site claims that "some agencies" require a thing called a certified tax transcript that you get by filling out form 4506-T. But there's no mention of the word "certified" that I can find on the IRS website. I used the Get Transcripts link on that page and they sent me hard copies for free. But they look basically the same as something you would print yourself. Will USCIS accept these?
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Yeah, those free ones are acceptable
 
coffeemonster said:
When it comes to tax return transcripts, are the free ones you can order from the IRS website ok?

This site claims that "some agencies" require a thing called a certified tax transcript that you get by filling out form 4506-T. But there's no mention of the word "certified" that I can find on the IRS website. I used the Get Transcripts link on that page and they sent me hard copies for free. But they look basically the same as something you would print yourself. Will USCIS accept these?
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Yes, those are the right ones. The irs is not going to charge you for them, not sure why are worried about them being free?
 
When we evaluate our foreign education, do we need to go with a NACES registered organization to get the evaluation done or any education evaluating organization is accepted?

Thank you
 
Hey guys, 3 questions. Appreciate the help in advance!

1. I am currently on an F1 visa and submitted my DS260 while I was in US and they offered AOS which I selected and then submitted. I then left the country due to the virus. Only after I left did I find this forum and realise I shouldn't have submitted my DS260 since it might prevent me from coming back to the US on my F1 (signifying intent).

However, I now have to go back to finish school and then have to apply for OPT. I know it's hard for anyone to say, but what are the chances they won't let me back in considering I have now submitted my DS260 (does anyone know if it's very impossible etc. or is it truly case by case)?

And
2. If they DON'T let me back in, is this going to affect my ability to complete the interview through CP later when my case number becomes current?

And
3. If they DO let me back in to complete my degree, I will be applying for OPT, which I now learned is also AOS. Will I be able to apply for OPT, and then apply for AOS again to get on my green card once approved for OPT? And is there a time limit to how soon I can apply for the second AOS (from OPT to green card)?

Thank you!
 
janu1990 said:
When we evaluate our foreign education, do we need to go with a NACES registered organization to get the evaluation done or any education evaluating organization is accepted?

Thank you
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There are reports of AOSers who have used non NACES registered organizations without any issue.
 
88lucky21 said:
Hey guys, 3 questions. Appreciate the help in advance!

1. I am currently on an F1 visa and submitted my DS260 while I was in US and they offered AOS which I selected and then submitted. I then left the country due to the virus. Only after I left did I find this forum and realise I shouldn't have submitted my DS260 since it might prevent me from coming back to the US on my F1 (signifying intent).

However, I now have to go back to finish school and then have to apply for OPT. I know it's hard for anyone to say, but what are the chances they won't let me back in considering I have now submitted my DS260 (does anyone know if it's very impossible etc. or is it truly case by case)?

And
2. If they DON'T let me back in, is this going to affect my ability to complete the interview through CP later when my case number becomes current?

And
3. If they DO let me back in to complete my degree, I will be applying for OPT, which I now learned is also AOS. Will I be able to apply for OPT, and then apply for AOS again to get on my green card once approved for OPT? And is there a time limit to how soon I can apply for the second AOS (from OPT to green card)?

Thank you!
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1. Admission or re-admission to the US is never guaranteed (even without an already demonstrated immigrant intent), it is on a case by case basis as you already noted.

2. No. You’ll just have to contact KCC and let them know you wish to change to CP.

3. OPT IS NOT AOS! Not sure where you learnt that from. There’s no such thing as “second AOS from OPT”. If you’re allowed back and you successfully complete your program, you remain eligible to apply for OPT regardless of the previously submitted DS260. And if you’re still in status when your CN becomes current, you can proceed with filing AOS at that point.
 
Hi Mom.

Got a few friends that won this year, some of which don't really do the forum thing. Sorry if it was previously answered...

After applying for a nonimmigrant visa renewal in country through the USCIS, there appears to be a 240 day extension that is granted to give them time to adjudicate the application. Can someone adjust status during this 240 day extension period?

Thanks :)
 
damo1089 said:
Hi Mom.

Got a few friends that won this year, some of which don't really do the forum thing. Sorry if it was previously answered...

After applying for a nonimmigrant visa renewal in country through the USCIS, there appears to be a 240 day extension that is granted to give them time to adjudicate the application. Can someone adjust status during this 240 day extension period?

Thanks :)
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Congratulations to your friends on their selections. If your friends don’t do forum thing, it means they have their case under control (they already know what to do or are working with some lawyers) and you shouldn’t be worrying on their behalf. If they are relying on you since you’ve gone through the process yourself and you’re coming across questions or situations you can’t handle on your own, maybe you need to encourage them to start doing this same forum thing you’re doing.

Now to your question, I’m sorry I can’t answer as is because
1. USCIS does not issue NIV, this is done by the embassies, so I don’t think it is possible for your friends to apply for NIV renewal “in country through the USCIS”
2. The question is rather broad, comes across like a hypothetical question which I typically do not answer. You’ll need to be a bit more specific as to the exact situation such as visa or status, expiry date, what is done to date regarding that status, CN, etc. I like to have specifics as it ensures the provided response is directly related to the case. I don’t want to find myself in a situation where someone assumes a “generic” response to a “generic” question is also applicable to their situation and it turns out to not be so. Plus being specific affords someone else who may be in a similar situation to chime in.
 
Sm1smom said:
Congratulations to your friends on their selections. If your friends don’t do forum thing, it means they have their case under control (they already know what to do or are working with some lawyers) and you shouldn’t be worrying on their behalf. If they are relying on you since you’ve gone through the process yourself and you’re coming across questions or situations you can’t handle on your own, maybe you need to encourage them to start doing this same forum thing you’re doing.

Now to your question, I’m sorry I can’t answer as is because
1. USCIS does not issue NIV, this is done by the embassies, so I don’t think it is possible for your friends to apply for NIV renewal “in country through the USCIS”
2. The question is rather broad, comes across like a hypothetical question which I typically do not answer. You’ll need to be a bit more specific as to the exact situation such as visa or status, expiry date, what is done to date regarding that status, CN, etc. I like to have specifics as it ensures the provided response is directly related to the case. I don’t want to find myself in a situation where someone assumes a “generic” response to a “generic” question is also applicable to their situation and it turns out to not be so. Plus being specific affords someone else who may be in a similar situation to chime in.
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Yeah, I know. I'm trying. I promise no more questions by proxy.

Anyway, to clarify...

The Visa is E-3, the CN is OC5xx, i-94s expire in July.

They filed an I-129 to "request an extension of stay" with the USCIS.

The reason I asked the question and became a little worried for them was because of this leaflet:
https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf

The paragraph at the bottom of page 3 states:

What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires?

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.

Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94. Although you are out of status, you may be permitted, depending on your classification, to continue your previously authorized employment for a maximum period of 240 days while your extension application is pending if USCIS receives your application before your Form I-94 expires, and you have not violated the terms of your nonimmigrant status.
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As far as I know, a valid status is required to process via DV AOS, so this seems to indicate that they must wait for the I-129 to be approved before they can submit their AOS package?
 
damo1089 said:
Yeah, I know. I'm trying. I promise no more questions by proxy.

Anyway, to clarify...

The Visa is E-3, the CN is OC5xx, i-94s expire in July.

They filed an I-129 to "request an extension of stay" with the USCIS.

The reason I asked the question and became a little worried for them was because of this leaflet:
https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf

The paragraph at the bottom of page 3 states:



As far as I know, a valid status is required to process via DV AOS, so this seems to indicate that they must wait for the I-129 to be approved before they can submit their AOS package?
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Thanks for clarifying, the information you’ve provided helps out things in actual perspective.

Yes your friend is currently out of status and is therefore not eligible to file AOS because they currently have no status to adjust from. They are however however not accruing an unlawful presence on the basis of the pending I-129. They need to wait for its approval before filing AOS. What you read on the leaflet is correct, “a pending application to extend or change status (Form I-129 or I-153) does not confer a lawful immigration status on an alien”.

See USCIS Policy Manual - Effect of Pending Application or Petition
 
Sm1smom said:
Thanks for clarifying, the information you’ve provided helps out things in actual perspective.

Yes your friend is currently out of status and is therefore not eligible to file AOS because they currently have no status to adjust from. They are however however not accruing an unlawful presence on the basis of the pending I-129. They need to wait for its approval before filing AOS. What you read on the leaflet is correct, “a pending application to extend or change status (Form I-129 or I-153) does not confer a lawful immigration status on an alien”.

See USCIS Policy Manual - Effect of Pending Application or Petition
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Thank you mom. :)
 
Hello ,
  1. So my case number is AS26XX , i have scheduled a medical for sept 16 ....given the 60 days validity of the medical documents do you think Sept 16 a good date based on my case number becoming current.
  2. Out of curiousity how would a person plan on getting their medical done to fit the 60 day validity period, because there is no way for them to know when their case would get current prior....and also for medical appoinments we need to wait at least 2-3 weeks to get an appoinment date
    Advice and thoughts greatly appreciated - thank you
 
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