DV 2021 AOS Only

[MILAT89]

Hi Mom,
I have a few questions regarding the filling of form I-485 (my DV CN 2021AS17XX)

1) In cases where the question is not applicable to me and/or DV category (e.g. Part 1. item 24: What is your current immigration status (if it has changed since your arrival)?) Another example (Part 2. item 12: Receipt number of underlying petition (if any)). Both of these questions are not relevant to my case. Would you write N/A for these sections or leave them blank? Do you know if USCIS has any preference with this regard?

2) If I want to use Part 14. the Additional Information section to add an extra address where I lived in the US (Part 3, starting at item 5.a), what is the preferred way of reporting the page number, part number, and item number in Part 14 to indicate the additional address I would like to add? I am thinking about writing the Page Number (5) and Part number (3) and keeping the item number blank.

Thanks a lot for all your help!

 

[Sm1smom]

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

1. If your CN gets listed as current in October, yes completing the medical exam mid Sept. is not a bad idea.
2. By monitoring the VB progression. Some CS do not require a two to three weeks wait to get an open slot. So it all depends.

 

[Sm1smom]

Hi Mom,
I have a few questions regarding the filling of form I-485 (my DV CN 2021AS17XX)

1) In cases where the question is not applicable to me and/or DV category (e.g. Part 1. item 24: What is your current immigration status (if it has changed since your arrival)?) Another example (Part 2. item 12: Receipt number of underlying petition (if any)). Both of these questions are not relevant to my case. Would you write N/A for these sections or leave them blank? Do you know if USCIS has any preference with this regard?

2) If I want to use Part 14. the Additional Information section to add an extra address where I lived in the US (Part 3, starting at item 5.a), what is the preferred way of reporting the page number, part number, and item number in Part 14 to indicate the additional address I would like to add? I am thinking about writing the Page Number (5) and Part number (3) and keeping the item number blank.

Thanks a lot for all your help!

1. Write N/A.
2. That suggestion should work.

 

[fauchc]

Hello,
I am thinking to file the I-131 with my AOS package in order to visit my family.
However, reading the instructions for I-131 seems that one must have educational, employment or humanitarian purposes to leave the country and evidences must be provided.

Does this mean that if I do not have any of these purposes I cannot request the advance parole? It looks like that a lot of people in this forum have requested and obtained it, so I'm a little bit confused...

 

[Sm1smom]

Hello,
I am thinking to file the I-131 with my AOS package in order to visit my family.
However, reading the instructions for I-131 seems that one must have educational, employment or humanitarian purposes to leave the country and evidences must be provided.

Does this mean that if I do not have any of these purposes I cannot request the advance parole? It looks like that a lot of people in this forum have requested and obtained it, so I'm a little bit confused...

The I-131 can be submitted without necessarily having any firm travel plans in place. The reason doesn’t get scrutinized either. Bear in mind though, applying for both the AP and/or EAD will no longer be free from October. You’ll need to pay the applicable fees in addition to your I-485 (AOS) fee once the fee change becomes effective.

 

[fauchc]

The I-131 can be submitted without necessarily having any firm travel plans in place. The reason doesn’t get scrutinized either. Bear in mind though, applying for both the AP and/or EAD will no longer be free from October. You’ll need to pay the applicable fees in addition to your I-485 (AOS) fee once the fee change becomes effective.

Thank you @Sm1smom

Question on the EAD: I am on a J1 visa which will expire in June. My case number is EU5xxx, so I should probably be current in November/December.
Do you think I need to request the EAD just in case I won't get my green card before June? Or is it possible to ask my sponsor a DS-2019 extension to maintain my J1 status? Your advice is very much appreciated.

 

[Sm1smom]

Thank you @Sm1smom

Question on the EAD: I am on a J1 visa which will expire in June. My case number is EU5xxx, so I should probably be current in November/December.
Do you think I need to request the EAD just in case I won't get my green card before June? Or is it possible to ask my sponsor a DS-2019 extension to maintain my J1 status? Your advice is very much appreciated.

1. It’s a personal choice. I cannot predict how long your processing may or may not take, I don’t even know your FO to start with, and I have no idea as to how long your background check may take, so I don’t know if your processing may be prolonged it not.
2. I don’t know your sponsor, so I don’t what is possible for you to ask your sponsor.

 

[fauchc]

1. It’s a personal choice. I cannot predict how long your processing may or may not take, I don’t even know your FO to start with, and I have no idea as to how long your background check may take, so I don’t know if your processing may be prolonged it not.
2. I don’t know your sponsor, so I don’t what is possible for you to ask your sponsor.

Yeah, I know there are several variables in this process, I tried. Thank you for your time though!
I think I'll ask my employer if it's possible to extend my DS-2019 during a pending AOS. If not, I will request the EAD, just to be on the safe side.

 

[88lucky21]

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.

Thank you mom!

To confirm, does this mean that OPT is not affected by my DS260 filing and two completely separate processes? Can I be waiting for my OPT to be processed and begin AOS or do I need to still wait for OPT status to be confirmed first?

Also if I get rejected at the border, and change from AOS to CP, will it affect my chances of winning the actual green card considered I was rejected at border once?

 

[Sm1smom]

Thank you mom!

To confirm, does this mean that OPT is not affected by my DS260 filing and two completely separate processes? Can I be waiting for my OPT to be processed and begin AOS or do I need to still wait for OPT status to be confirmed first?

Also if I get rejected at the border, and change from AOS to CP, will it affect my chances of winning the actual green card considered I was rejected at border once?

1. Yes. Yes. However, having OPT already approved and in place is recommend (note, this is not a must! - it is recommended) as this ensures a fall back status in the event the AOS application is denied for some reason.

2. No impact as long as you’re not placed under a ban for some other reason unrelated to being denied an admission due to a demonstrated immigrant intent.

 

[janu1990]

Hi , I am trying to understand the follwing from the excel sheet for the timelines
As per the screen shot below the number has become current on November however the "Chicago Lockbox" says 10/11/2019 ..curious to know how that person sent the package before the number became current?

 

[Sm1smom]

Hi , I am trying to understand the follwing from the excel sheet for the timelines
As per the screen shot below the number has become current on November however the "Chicago Lockbox" says 10/11/2019 ..curious to know how that person sent the package before the number became current?
View attachment 1922

The person utilized the early filing option. This is explained on the AOS process spreadsheet, please refer to it for more details on early filing.

 

[88lucky21]

1. Yes. Yes. However, having OPT already approved and in place is recommend (note, this is not a must! - it is recommended) as this ensures a fall back status in the event the AOS application is denied for some reason.

2. No impact as long as you’re not placed under a ban for some other reason unrelated to being denied an admission due to a demonstrated immigrant intent.

Thanks mom.

Does this mean that if my AOS application is denied for whatever reason while my OPT status is still pending, that my OPT application will thereby be cancelled after AOS denial?

 

[Sm1smom]

Thanks mom.

Does this mean that if my AOS application is denied for whatever reason while my OPT status is still pending, that my OPT application will thereby be cancelled after AOS denial?

Most likely.

 

[Milz]

Hi Mom,

Quick questions regarding form I-485 (Edition 10/15/19).

1) Part 8. #1. Does this include "mandatory military service" as well?
In my country (Iran), all males of 18 or over have to do this "Mandatory" period unless they're exempted for some reasons.

2) Form I-485. Part 8. #61 and 62. As DV lottery winners, what would be our answers?

Thank you so much in advance.

 

[Sm1smom]

Hi Mom,

Quick questions regarding form I-485 (Edition 10/15/19).

1) Part 8. #1. Does this include "mandatory military service" as well?
In my country (Iran), all males of 18 or over have to do this "Mandatory" period unless they're exempted for some reasons.

2) Form I-485. Part 8. #61 and 62. As DV lottery winners, what would be our answers?

Thank you so much in advance.

1. “YES”
2. “NO”, 62.l

 

[fauchc]

Hi,

Do I have to list my PhD as working experience in both DS-260 and I-485, or it goes only under the Education section?

 

[Gsan21]

Hi Mom,

Thanks for continuously helping everyone in this forum. This is my first post; however, I have been continuously following this forum for the last two months. This forum has been very helpful for me to understand the entire AOS process.

My situation is that I am selected in the DV lottery (CN: 2021AS000009xx) and I am in F1 status. I got married to my fiancee (currently in OPT status) just a few days back (we have been living together for more than two years now). The COVID situation completely changed our plans to travel back home to get married this year. In the meantime, I got selected in the DV lottery. While going through this forum, I came to know that we can get married here in the US, and then I would be able to include her (now, my wife) as a derivative in the AOS process. That is why we decided to get married and process AOS together.

Now, we are planning to fill out DS-260. But before starting, I wanted to make sure that it is safe for my wife to start the application process while waiting for her STEM OPT approval. Her OPT will expire in less than two weeks from now and she has "Form I-797C, Notice of Action", which allows her to work for up to 180 days from her OPT expiration date. However, the form I-797C clearly states "THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT." Because of this, we are concerned if we should wait until her STEM OPT is approved or we can submit DS-260. It would be great if you could suggest to us in this situation.

Thanks in advance for your response.

 

[Sm1smom]

Hi Mom,

Thanks for continuously helping everyone in this forum. This is my first post; however, I have been continuously following this forum for the last two months. This forum has been very helpful for me to understand the entire AOS process.

My situation is that I am selected in the DV lottery (CN: 2021AS000009xx) and I am in F1 status. I got married to my fiancee (currently in OPT status) just a few days back (we have been living together for more than two years now). The COVID situation completely changed our plans to travel back home to get married this year. In the meantime, I got selected in the DV lottery. While going through this forum, I came to know that we can get married here in the US, and then I would be able to include her (now, my wife) as a derivative in the AOS process. That is why we decided to get married and process AOS together.

Now, we are planning to fill out DS-260. But before starting, I wanted to make sure that it is safe for my wife to start the application process while waiting for her STEM OPT approval. Her OPT will expire in less than two weeks from now and she has "Form I-797C, Notice of Action", which allows her to work for up to 180 days from her OPT expiration date. However, the form I-797C clearly states "THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT." Because of this, we are concerned if we should wait until her STEM OPT is approved or we can submit DS-260. It would be great if you could suggest to us in this situation.

Thanks in advance for your response.

Congratulations on your DV selection and marriage. There’s no need to rush into submitting the DS260 form. You’ve waited this long, you might as well wait until after she gets the STEM extension approved before declaring she will be processing AOS. Once the OPT expires and while waiting for the STEM approval she technically has no status to adjust from during that period.

 

[NickN]

Hi Mom,

Thank you and other moderators very much for your great service!
My wife won DV lottery 2021, she is J2 I am J1 visa, CN 2021AS****15**.

I and my wife are doing AOS and have found out that we put wrong years of education (say instead of graduated 2008 put graduated 2007) and wrong address of parents (wrong region). Should we contact KCC to request to reopen DS-260 for us to make corrections? Can it result in processing delay? Or should we leave all as it is and just put all correct information on i-485 and i-944 (we have not yet submitted those forms)?
Thank you very much for your time and help!