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DV 2021 AOS Only

Papacho1978 said:
Thank you for getting back to me. I did enter last Nov, have applied for extension and fingerprints have already been taken.
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So you are not currently in status (albeit in authorised stay) and awaiting a decision? When did you request your extension? What’s your CN? What have you been doing all this time?
 
SusieQQQ said:
So you are not currently in status (albeit in authorised stay) and awaiting a decision? When did you request your extension? What’s your CN? What have you been doing all this time?
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Thank you for getting back to me. I came for holidays and was planned to leave on March, however airports got lock down and I could not go back. The extension was requested end of April. I have been spending time with the family. CN 2021SA33XX. So, basically if you have a status here you will be able to apply for the AOS, right? or it depends on the type of visa you have?
 
Papacho1978 said:
Thank you for getting back to me. I came for holidays and was planned to leave on March, however airports got lock down and I could not go back. The extension was requested end of April. I have been spending time with the family. CN 2021SA33XX. So, basically if you have a status here you will be able to apply for the AOS, right? or it depends on the type of visa you have?
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I already answered this question in response to your first post.
 
Papacho1978 said:
Thank you for getting back to me. I came for holidays and was planned to leave on March, however airports got lock down and I could not go back. The extension was requested end of April. I have been spending time with the family. CN 2021SA33XX. So, basically if you have a status here you will be able to apply for the AOS, right? or it depends on the type of visa you have?
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It partly depends on the type of visa/when you entered but nope, no way you’ll be able to apply for AOS anyway with that CN. If you entered November last year, even if you get granted the extension it won’t go longer than November this year (6 months past your initial i94 date, assuming that was 6 months’ stay granted). There is no way your CN will be current by then, and you cannot apply for AOS before its published in the visa bulletin.
 
SusieQQQ said:
It partly depends on the type of visa/when you entered but nope, no way you’ll be able to apply for AOS anyway with that CN. If you entered November last year, even if you get granted the extension it won’t go longer than November this year (6 months past your initial i94 date). There is no way your CN will be current by then, and you cannot apply for AOS before its published in the visa bulletin.
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Thank you SusieQQQ! All the best
 
Hello,

When I arrived in the US I lived for a month in a shared apartment and the following month in another shared apartment, then I finally settled down.
Should I list those as previous addresses?
 
fauchc said:
Hello,

When I arrived in the US I lived for a month in a shared apartment and the following month in another shared apartment, then I finally settled down.
Should I list those as previous addresses?
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From what you’ve said, you were “living” in those apartments. So yes.
 
Hi, and thanks for the amazing community. I'm currently in F2 status and planning to prep my AOS package to be able to file as soon as my DV CN becomes current, the excel spreadsheet has been a go-to source of information for me so far. I've been trying to determine which of the documents mentioned in the AOS package apply to my and my spouse's situation. Mostly a simple google search hands quick answer. However, I found USCIC descriptions of I-797 form to be rather vague. Is this something that a person in my situation needs to provide in their package? We are an F1/F2 couple with no change of status since we entered the US.

2- My second question is about DOS fee payment, I did get excited and paid the $660 fee (for two people) way in advance. Now I have a single receipt of a $660 fee payment. Do I put a copy of the same $660 payment in both packages for myself and my spouse? Or should I have made two separate $330 payments?
 
pooyan said:
Hi, and thanks for the amazing community. I'm currently in F2 status and planning to prep my AOS package to be able to file as soon as my DV CN becomes current, the excel spreadsheet has been a go-to source of information for me so far. I've been trying to determine which of the documents mentioned in the AOS package apply to my and my spouse's situation. Mostly a simple google search hands quick answer. However, I found USCIC descriptions of I-797 form to be rather vague. Is this something that a person in my situation needs to provide in their package? We are an F1/F2 couple with no change of status since we entered the US.

2- My second question is about DOS fee payment, I did get excited and paid the $660 fee (for two people) way in advance. Now I have a single receipt of a $660 fee payment. Do I put a copy of the same $660 payment in both packages for myself and my spouse? Or should I have made two separate $330 payments?
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1.If you haven't dealt with USCIS before, then you shouldn't have any I-797.
2. What you did was correct, single payment for both of you. You don't need to send the original receipt, so make two copies and attach in each AOS.
 
Hi there everybody!

First of all, my gratitude to @Sm1smom

My case is a little bit complicate since I have a pending DS-160 to be processed for my L-1A visa. I got stuck in Spain because of the COVID when I was back for renewing my visa stamp (L-1A already extended by USCIS).

I certainly need a lawyer in here to see what's my best course of action. May I have a recommendation for an immigration lawyer?

Thank you very much in advance for the help!
 
BCNbySEA said:
Hi there everybody!

First of all, my gratitude to @Sm1smom

My case is a little bit complicate since I have a pending DS-160 to be processed for my L-1A visa. I got stuck in Spain because of the COVID when I was back for renewing my visa stamp (L-1A already extended by USCIS).

I certainly need a lawyer in here to see what's my best course of action. May I have a recommendation for an immigration lawyer?

Thank you very much in advance for the help!
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This forum is hosted by a highly reputable immigration attorney, Rajiv Khanna. However AFAIK, Rajiv doesn’t take on DV based cases. You can reach out to them if the immigration situation you need guidance on is non-DV.
 
Sm1smom said:
This forum is hosted by a highly reputable immigration attorney, Rajiv Khanna. However AFAIK, Rajiv doesn’t take on DV based cases. You can reach out to them if the immigration situation you need guidance on is non-DV.
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Any DV based cases attorney you could recommend?
 
Hi Mom,

My case number is AS17XX and live in US on F-1 visa. Planning to go for AOS.

I am guessing that my visa number will become current on November. I understand that you usually recommend against early filing for those who become current on October or November. But what if, when the next visa bulletin is published (say Sep 15th) and I find that my number is current on November as per the advanced notice, what if I file on October 1st? Isn't it less of a problem if I file on October 1st since this is the beginning of the new fiscal year meaning that USCIS officers are less likely to make the mistake of rejecting my application due to early filing?

I understand that nothing is guaranteed, but I wanted to hear your opinion.

Thanks a lot for the great forum!
 
MILAT89 said:
Hi Mom,

My case number is AS17XX and live in US on F-1 visa. Planning to go for AOS.

I am guessing that my visa number will become current on November. I understand that you usually recommend against early filing for those who become current on October or November. But what if, when the next visa bulletin is published (say Sep 15th) and I find that my number is current on November as per the advanced notice, what if I file on October 1st? Isn't it less of a problem if I file on October 1st since this is the beginning of the new fiscal year meaning that USCIS officers are less likely to make the mistake of rejecting my application due to early filing?

I understand that nothing is guaranteed, but I wanted to hear your opinion.

Thanks a lot for the great forum!
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You already wrote what my opinion is regarding early filing when it comes to Oct/Nov CNs, not sure which additional opinion you’re seeking.

Take advantage of the early filing option if you like, it is your your case, your call.
 
I have a question re evidence of financial sufficiency in our AOS package. I was wondering what documents I should include in my and my spouse's packages, according to our backgrounds e.g bank statements, W2's, I-134, m0rtgage records?

We have held F2 (DV applicant) and F1 (derivative) status since entered the US. As main applicant I have never had income or filed for tax while in the US, I am a medical graduate with a doctorate degree. Wife is studying her PhD and has been receiving funding from her school.

Should we include any documents regarding our home-ownership in addition to bank statements? Do you suggest finding a sponsor for i-134?
 
pooyan said:
I have a question re evidence of financial sufficiency in our AOS package. I was wondering what documents I should include in my and my spouse's packages, according to our backgrounds e.g bank statements, W2's, I-134, m0rtgage records?

We have held F2 (DV applicant) and F1 (derivative) status since entered the US. As main applicant I have never had income or filed for tax while in the US, I am a medical graduate with a doctorate degree. Wife is studying her PhD and has been receiving funding from her school.

Should we include any documents regarding our home-ownership in addition to bank statements? Do you suggest finding a sponsor for i-134?
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Attaching an I-134 will strengthen your AOS application in terms of avoiding public charge rule (given that your family has only one income, i-134 will help for sure).
P.S. keep an eye on public charge rule, the requirement of I-944 is temporally suspended but if it become effective by the time you send your AOS package you may need to fill I-944 and send supporting documents.
 
rabey said:
Attaching an I-134 will strengthen your AOS application in terms of avoiding public charge rule (given that your family has only one income, i-134 will help for sure).
P.S. keep an eye on public charge rule, the requirement of I-944 is temporally suspended but if it become effective by the time you send your AOS package you may need to fill I-944 and send supporting documents.
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Thanks, I am aware of the current I-944 situation and keeping an eye on it. There is no wonder attaching an i-134 helps avoiding public charge rule, but getting somebody to fill out the form can be a bit of a challenge for me, due to our limited contact circle. Is the I-134 something that is a requirement for AOS package to be considered? It is true that we've had only one source of income in the US, but there are several positive points in our financial situation too. We are both 35 and highly educated, home-owners, and have sufficient savings account. My understanding was that the officer would consider all the evidence together to determine whether you are likely to become a public charge, and providing (or lack of) I-134 does not necessarily qualify/disqualify the applicant on financial grounds. Is this accurate?
 
pooyan said:
Thanks, I am aware of the current I-944 situation and keeping an eye on it. There is no wonder attaching an i-134 helps avoiding public charge rule, but getting somebody to fill out the form can be a bit of a challenge for me, due to our limited contact circle. Is the I-134 something that is a requirement for AOS package to be considered? It is true that we've had only one source of income in the US, but there are several positive points in our financial situation too. We are both 35 and highly educated, home-owners, and have sufficient savings account. My understanding was that the officer would consider all the evidence together to determine whether you are likely to become a public charge, and providing (or lack of) I-134 does not necessarily qualify/disqualify the applicant on financial grounds. Is this accurate?
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I-134 is not required. As you already mentioned, the IO will consider overall application. In my case (F1 student with an assistantship), I didn't submit I-134 since I couldn't find anyone who could sponsor me. But I've got approved without any issue (again, each applicant are different and carry different weights on the facts). So, if you can not find one, it's what it is.
 
Hello Everyone. And congratulations.

I have won the Dv for 2021 and elected to go with the AOS which I have already paid the $330 and gotten the receipt with stamp.
However, my current visa will expire at the end of May 2021 (I-94 expires 2022) and my case number is OC 1350+.

Going of the last 5 years of visa bulletins, my case number will not be ready until July/August perhaps June best case.

I am still conflicted as wether I should stay in the USA to file once my visa has expired or return back to Australia to file from there.

Is it possible to go back from AOS to CP?
Is it a fast process?
I am in two minds at the moment in regards to which would be the fastest and easiest way for myself.


Any advice or information would be greatly appreciated.
 
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