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DV 2021 AOS Only

HappyDV2021 said:
Hi,
I am in US on L1B, won a lottery and have sufficient income for my family.

1. I tried to find form I-944 dicrectly on USCIS web site, but I can't find it there. Basically search doesn't return any results. I still can find this form through google, but it looks like links to it were removed from USCIS web site. Should I file this I-944 with my i-485?

2. Also, what evidence should I provide for my wife for declaration of self sufficiency? She has EAD, but doesn't work because I make enough money and we have 3 kids. Should I write I-134 for her?

3. The same for each child, how should we file this declaration of self sufficiency or provide I-134?

4. What is an employment letter? If I don't want my employer to know, that I am filing i-485, can I provide copy of my work agreement? Or should I just ask for employment letter but do not provide details, why I need it?
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1. Utilization of the I-944 to demonstrate self sufficiency or that one isn’t likely to become a public charge is currently suspended. So if you cannot find it on USCIS’s website, it is not required to be submitted with the I-485.

2&3. Whatever is used to assess you will be applicable to your and all of your derivatives.

4. Get your employer to issue you with an employment verification letter. The employer should be able to generate this without you having to disclose why you need it.
 
Hi @Sm1smom and @Britsimon

I was born in South Africa , immigrated to Australia as a Juvenile.

I entered the DV 2021 and got assigned a case #OC 12XX

I listed South Africa as the country of Birth , but Australia as the country of charge-ability. As I was a juvenile when I left South Africa and don’t have an adult passport.

I submitted my Australian passport details on the DV 2021 as it’s the only passport I have. My work visa E3 is attached to it.

I’m going to be applying for AOS as I’m currently working in the U.S on an E-3 Visa.

My question is : at the interview for the AOS I have with the Officer , do I have anything to worry about given my above Birth/Passport situation ?
 
BlueFox89 said:
Hi @Sm1smom and @Britsimon

I was born in South Africa , immigrated to Australia as a Juvenile.

I entered the DV 2021 and got assigned a case #OC 12XX

I listed South Africa as the country of Birth , but Australia as the country of charge-ability. As I was a juvenile when I left South Africa and don’t have an adult passport.

I submitted my Australian passport details on the DV 2021 as it’s the only passport I have. My work visa E3 is attached to it.

I’m going to be applying for AOS as I’m currently working in the U.S on an E-3 Visa.

My question is : at the interview for the AOS I have with the Officer , do I have anything to worry about given my above Birth/Passport situation ?
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Yup, you should expect a denial. Your chargeability country should have been AF, not OC regardless of when you left SA or which passport you currently hold. You gained an undue advantage being selected under the OC region.
 
BlueFox89 said:
Hi @Sm1smom and @Britsimon

I was born in South Africa , immigrated to Australia as a Juvenile.

I entered the DV 2021 and got assigned a case #OC 12XX

I listed South Africa as the country of Birth , but Australia as the country of charge-ability. As I was a juvenile when I left South Africa and don’t have an adult passport.

I submitted my Australian passport details on the DV 2021 as it’s the only passport I have. My work visa E3 is attached to it.

I’m going to be applying for AOS as I’m currently working in the U.S on an E-3 Visa.

My question is : at the interview for the AOS I have with the Officer , do I have anything to worry about given my above Birth/Passport situation ?
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unfortunately this is grounds for denial. Your birth country is your country of chargeability, regardless whether you hold or have ever held passport or even nationality there. You cannot claim Australia as your country of chargeability.
 
Xarthisius said:
Are you married to a person born in Australia?
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Even if he/she was, that's still a tricky route because (1) the current wording of the instructions implies you can only choose that route if you are born in a non-eligible country (although an AOS IO may not get the subtlety but also) (2) if you choose a country other than the one you are born in you are instructed to explain the reasoning in the entry form. It's not supposed to be a way out of a mistake you made. But - moot here anyway.
 
SusieQQQ said:
Even if he/she was, that's still a tricky route because (1) the current wording of the instructions implies you can only choose that route if you are born in a non-eligible country (although an AOS IO may not get the subtlety but also) (2) if you choose a country other than the one you are born in you are instructed to explain the reasoning in the entry form. It's not supposed to be a way out of a mistake you made. But - moot here anyway.
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Well, that was the only slim chance he had, so I thought it was worth asking.
 
Xarthisius said:
Well, that was the only slim chance he had, so I thought it was worth asking.
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sure... it's just a pity that people don't read the instructions properly. We get these every year ...must be so sad after the excitement of being selected.
 
I do have a very high powered immigration lawyer onto it at the moment , managing all my paperwork . I guess it is what it is ,will see how it goes.
 
BlueFox89 said:
I do have a very high powered immigration lawyer onto it at the moment , managing all my paperwork . I guess it is what it is ,will see how it goes.
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Your “high powered immigration attorney” will make USCIS disregard the rule you clearly didn’t follow? This immigration attorney you’re banking so highly on either clearly doesn’t understand the DV rules, or couldn’t care less and is simply seeing you as another meal ticket. But hey, your case you’re money.
 
Sm1smom said:
Your “high powered immigration attorney” will make USCIS disregard the rule you clearly didn’t follow? This immigration attorney you’re banking so highly on either clearly doesn’t understand the DV rules, or couldn’t care less and is simply seeing you as another meal ticket. But hey, your case you’re money.
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Not banking on anything , nor am I trying to bend any rules , appreciate your advice , as well as others , but neither of you guys are immigration attorneys (it’s in your disclaimer beneath your responses) . So again I appreciate your input , my questions have been answered. I will wait on my immigration attorney for a qualified and definite no.
 
BlueFox89 said:
Not banking on anything , nor am I trying to bend any rules , appreciate your advice , as well as others , but neither of you guys are immigration attorneys (it’s in your disclaimer beneath your responses) . So again I appreciate your input , my questions have been answered. I will wait on my immigration attorney for a qualified and definite no.
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The definite no is in the instructions, copied and pasted below. I get you’re desperate but you’re honestly just throwing money away. Best you can hope for at this stage is that he/she is honest and tells you that, rather than trying to get you spend more to “represent” you through the process. Every possible instance of eligibility revolves around who is born where, nothing to do with citizenship or passports. Enter again in October, and put the correct country of chargeability this time.

Eligibility
Requirement #1: Individuals born in countries whose natives qualify may be eligible to enter.
If you were not born in an eligible country, there are two other ways you might be able to qualify.
-Was your spouse born in a country whose natives are eligible? If yes, you can claim your spouse’s country of birth – provided that both you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States simultaneously.
-Were you born in a country whose natives are ineligible, but in which neither of your parents was born or legally resident at the time of your birth? If yes, you may claim the country of birth of one of your parents if it is a country whose natives are eligible for the DV-2021 program.

Listing an incorrect country of eligibility or chargeability (i.e., one to which you cannot establish a valid claim) will disqualify your entry.
 
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BlueFox89 said:
Not banking on anything , nor am I trying to bend any rules , appreciate your advice , as well as others , but neither of you guys are immigration attorneys (it’s in your disclaimer beneath your responses) . So again I appreciate your input , my questions have been answered. I will wait on my immigration attorney for a qualified and definite no.
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Why do people come here asking questions then as soon as they get an answer they dont like they tell us that we dont know what we're talking about. If you won't listen to our advise, don't bother asking in the first place!
I'm sorry to say it BlueFox but you messed up on your application and as Mom already pointed out, any immigration attorney that has any morals will tell you that you are wasting your time and money
 
Quick question folks

I’ve observed in other pages of this forum (dv2020 AOS) people expressing concerns about the “early filing”.

Isn’t it true that it’s been mentioned on USCIS website?! (Basically their own recommendation)
(I know there might have been cases being denied but isn’t it true that majority of early filings are fine?!)
Footnote: My field office is Milwaukee (WI) and I talked to 2 friends who won the dv of 2019 and 2016. Both said they’ve done early filings without any issues! Based on that isn’t it safe (at least with my field office)?!
Many thanks in advance
 
Kong58 said:
Hi everyone

I am new to this forum and I am grateful for the google sheet information. I am currently on F-1 status. I have taken internships for school credits. My team and I were working under supervision of local companies. These internships were unpaid so I assumed it was not an employment. I did not have OPT or CPT when I took those internships. My question is if I am still eligible for applying AOS in my situation?
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Hi, sorry to bother everyone again. I didn't see anyone answered my question. I am not sure if this is the right place to ask or it is just that no one know the answer? Thanks in advance for answering my question!
 
Milz said:
Quick question folks

I’ve observed in other pages of this forum (dv2020 AOS) people expressing concerns about the “early filing”.

Isn’t it true that it’s been mentioned on USCIS website?! (Basically their own recommendation)
(I know there might have been cases being denied but isn’t it true that majority of early filings are fine?!)
Footnote: My field office is Milwaukee (WI) and I talked to 2 friends who won the dv of 2019 and 2016. Both said they’ve done early filings without any issues! Based on that isn’t it safe (at least with my field office)?!
Many thanks in advance
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Take a look at the FAQ section of the AOS spreadsheet.
 
Kong58 said:
Hi, sorry to bother everyone again. I didn't see anyone answered my question. I am not sure if this is the right place to ask or it is just that no one know the answer? Thanks in advance for answering my question!
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Ask your school’s DSO. If they confirm the unpaid internship is allowed, then your good.
 
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