DV 2021 AOS Only

[Sm1smom]

Hi @Sm1smom, the excel sheet lists Form I-944 as currently suspended. Do we still need to submit this form for the evidence of financial self-sufficiency?

Although the USCIS websites shows I-944 implementation is currently suspended, my recommendation will be to still include the I-944 form in the AOS package considering the I-485 form instruction (p. 13) still has the form listed as required. You don't want the Chicago Lockbox to reject and return your package as incomplete for that reason:

Who Must Submit Form I-944 ...?​

If you are a principal or derivative applicant, you must submit Form I-944 with your Form I-485 if you are applying under one of the following immigrant categories:​

A. Widow or widower of a U.S. citizen;​

B. Alien worker under the employment-based preference categories (Exception: You may also need to file Form I-864 if a relative filed Form I-140 for you or has five percent or more ownership interest in the business that filed Form I-140 for you. See the list above for more details.);​

C. Alien entrepreneur;​

D. Diplomats or high ranking officials unable to return home (Section 13 of the Act of September 11, 1957);​

E. S nonimmigrants and qualifying family members (Form I-485 can only be filed by law enforcement agencies, not by an individual);​

F. Diversity Visa program;​

 

[Gsan21]

Thanks for your response, @Sm1smom. I will include it in my AOS package.

 

[NickN]

Hi Mom and other moderators,

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**. Sorry if that question duplicates questions before but I could not find any answer on that using website's search.

Question:
How to answer question 16 of i-944 (Have you EVER received, or are currently certified to receive in the future any of the following public benefits? (select all that apply) if I and my wife received stimulus checks related to Covid-19 around May 2020 (we received it since I am present in US more than 5 years and we filed recently taxes as a residents for tax purposes, so IRS automatically deposited Covid-19 checks to my bank account).
Should we check Yes and then check "Any Federal, State, local or tribal cash assistance for income maintenance"?

Thank you very much!

 

[EleniAnnM]

I would like to file my DS-260 as soon as possible as I have a low case number OC<100 so that I receive the earliest possible appointment once I file my AOS on October 1. I have been waiting on approval on a request for my in country E3 visa extension. The USCIS confirmed that it was approved on September 1, 2020 and to submit an e-request if the Approval Notice was not received by September 16. I know i will need this form to file the AOS so i am following up with them.

My question is if I can file my DS-260 noting intention to file AOS and using the visa number for the last E3 issued in my passport (which expired May 2020 and now extended)? Or will they assign a different number in the extension that i will need to reference. Alternatively can I file DS-260 with my last E3 number and then later amend? Or does none of this matter once AOS is filed with the receipt notice?

I also wanted to confirm in the DS-260 - is it correct when listing the last 5 trips to the US that you list the 5 entries and departures even if you were on an E3 visa at the time. I have assumed this is the case but wanted to confirm!

thanks so much!!

 

[Sm1smom]

I would like to file my DS-260 as soon as possible as I have a low case number OC<100 so that I receive the earliest possible appointment once I file my AOS on October 1. I have been waiting on approval on a request for my in country E3 visa extension. The USCIS confirmed that it was approved on September 1, 2020 and to submit an e-request if the Approval Notice was not received by September 16. I know i will need this form to file the AOS so i am following up with them.

My question is if I can file my DS-260 noting intention to file AOS and using the visa number for the last E3 issued in my passport (which expired May 2020 and now extended)? Or will they assign a different number in the extension that i will need to reference. Alternatively can I file DS-260 with my last E3 number and then later amend? Or does none of this matter once AOS is filed with the receipt notice?

I also wanted to confirm in the DS-260 - is it correct when listing the last 5 trips to the US that you list the 5 entries and departures even if you were on an E3 visa at the time. I have assumed this is the case but wanted to confirm!

thanks so much!!

DS260 form submission date is irrelevant to how soon you get an AOS interview appointment. You’ve waited this long, your CN is super low, why not wait a bit more to fully tie up the loose ends regarding your E3 extension before demonstrating an immigrant intent. This ensures you’re providing the same consistent and accurate information once you embark on the immigrant processing. Just wait! That’s what I will do.

 

[EleniAnnM]

DS260 form submission date is irrelevant to how soon you get an AOS interview appointment. You’ve waited this long, your CN is super low, why not wait a bit more to fully tie up the loose ends regarding your E3 extension before demonstrating an immigrant intent. This ensures you’re providing the same consistent and accurate information once you embark on the immigrant processing. Just wait! That’s what I will do.

Thanks. Sensible advice (As always). Appreciate it, def calms the DV lotto nerves!

 

[Troy123]

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.

@Bankrupt Pilot how long did it take to you to receive the receipt after you sent the dv fee?
thank you

 

[Sm1smom]

Hi Mom and other moderators,

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**. Sorry if that question duplicates questions before but I could not find any answer on that using website's search.

Question:
How to answer question 16 of i-944 (Have you EVER received, or are currently certified to receive in the future any of the following public benefits? (select all that apply) if I and my wife received stimulus checks related to Covid-19 around May 2020 (we received it since I am present in US more than 5 years and we filed recently taxes as a residents for tax purposes, so IRS automatically deposited Covid-19 checks to my bank account).
Should we check Yes and then check "Any Federal, State, local or tribal cash assistance for income maintenance"?

Thank you very much!

Most immigration attorneys are of the opinion that the stimulus check is not means-tested and is therefore not a public benefit. They have argued that for most people, the money will either be direct-deposited into their checking account or they will receive it electronically or in the mail, with no option for them to decline or return it. They also say the stimulus check is technically a 2020 tax credit paid in advance, it therefore does not fall under the income maintenance category per chapter 10 of the USCIS Policy Manual, where it states, “USCIS considers any other federal, state, and local tribal cash assistance for income maintenance" as public benefit.

 

[Adam15]

1. Does anyone know when will the October 2020 Visa Bulletin be available?

2. If I remember correctly September 2020 VB was available around August 18. What does the "August 10" date in the State Gov webpage mean?

Visa Bulletin For September 2020
Department of State Publication 9514
CA/VO: August 10, 2020

 

[MILAT89]

Hi MOM,

I have been going through the PDF posted by USCIS for the fee changes that are effective October 2nd. My understanding is that for filing I-485 through DV category (on or after October 2nd), the new fee is $1130 which already includes the biometric fees. Is my understanding correct that we do not need to pay a separate biometric fee?

Thanks for your kind help.

 

[Sm1smom]

Hi MOM,

I have been going through the PDF posted by USCIS for the fee changes that are effective October 2nd. My understanding is that for filing I-485 through DV category (on or after October 2nd), the new fee is $1130 which already includes the biometric fees. Is my understanding correct that we do not need to pay a separate biometric fee?

Thanks for your kind help.

Yes that is correct.

 

[NickN]

Most immigration attorneys are of the opinion that the stimulus check is not means-tested and is therefore not a public benefit. They have argued that for most people, the money will either be direct-deposited into their checking account or they will receive it electronically or in the mail, with no option for them to decline or return it. They also say the stimulus check is technically a 2020 tax credit paid in advance, it therefore does not fall under the income maintenance category per chapter 10 of the USCIS Policy Manual, where it states, “USCIS considers any other federal, state, and local tribal cash assistance for income maintenance" as public benefit.

Hi Mom,

Thank you very much for the information! It makes sense to me. As always, I appreciate a lot what you and other moderators do in this forum.

Have a great weekend!

 

[Troy123]

Mom,
When may we get the 2nd NL for dv aosers? I submitted my ds-260 and only follow up I have had so far is an email from KCC stating that I need to confirm with USCIS whether I am eligible for AOS and then pay the dv fee to DoS.
thanks,

 

[Sm1smom]

Mom,
When may we get the 2nd NL for dv aosers? I submitted my ds-260 and only follow up I have had so far is an email from KCC stating that I need to confirm with USCIS whether I am eligible for AOS and then pay the dv fee to DoS.
thanks,

That is your 2NL.

 

[pooyan]

Hi, I have a question regarding the DOS fee payment. I sent out the check along with the form and received an email confirmation within a week. It was only yesterday that I realized that I also needed to include a stamped return envelope along with the form, which I didn't, and no wonder I never received the original receipt in my mail. I was wondering if anyone else has had a similar experience and if there was a way to reach out to the DOS and possibly retrieve the original receipt?

 

[Sm1smom]

Hi, I have a question regarding the DOS fee payment. I sent out the check along with the form and received an email confirmation within a week. It was only yesterday that I realized that I also needed to include a stamped return envelope along with the form, which I didn't, and no wonder I never received the original receipt in my mail. I was wondering if anyone else has had a similar experience and if there was a way to reach out to the DOS and possibly retrieve the original receipt?

You can’t rectify that BUT the email confirmation you received is good enough as evidence of having made the administrative fee payment.

 

[Chuchuaaa]

Hi, I have two questions regarding DS-260. Just a brief background: I'm an F1 student and will adjust my status here in the U.S.. My husband has returned to the home country after his F1 OPT grace period ended therefore he will interview at the consulate (follow-to-join).

1. There is a question asking if "your spouse is immigrating to the U.S. with you" and a follow-up question if "your spouse is immigrating to the U.S. at a later date to join you." I believe, as the principal applicant, my answer to these questions would be "No; Yes." However, how should my husband answer these questions?
2. I understand that as an AOSer, I will have to replace my SSN card once my GC is approved. My husband also has a restricted SSN. Does he need to request a new SSN card on his DS-260?

Thank you in advance!

 

[onero]

My CN is EU18XXX.
Summary:
I received a document request email from KCC for CP, but I am AoS. What to do?

In details:
I submitted DS-260 3 months ago, and then since CP way is banned at least for a while, I decided to update my case from CP to AoS. I re-open my DS-260 after 10-20 days of submitting, but I was not able to change the location. I emailed KCC to update my case as AoS and they told me it is already AoS. I resubmit my Ds-260.

Today, I received a document request email from KCC for CP.
Is not it that I am supposed to be AoS case after my request and update? Why is KCC asking for documents from me?

Should I send documents for CP?
Should I contact KCC again to ask whether or not my case is AoS or CP? It appears it is not AoS.

 

[SusieQQQ]

My CN is EU18XXX.
Summary:
I received a document request email from KCC for CP, but I am AoS. What to do?

In details:
I submitted DS-260 3 months ago, and then since CP way is banned at least for a while, I decided to update my case from CP to AoS. I re-open my DS-260 after 10-20 days of submitting, but I was not able to change the location. I emailed KCC to update my case as AoS and they told me it is already AoS. I resubmit my Ds-260.

Today, I received a document request email from KCC for CP.
Is not it that I am supposed to be AoS case after my request and update? Why is KCC asking for documents from me?

Should I send documents for CP?
Should I contact KCC again to ask whether or not my case is AoS or CP? It appears it is not AoS.

It sounds like they still have you listed as CP. contact them again to clarify.
What status are you on in the US?

 

[onero]

It sounds like they still have you listed as CP. contact them again to clarify.
What status are you on in the US?

I am doing my Ph.D. here in the US. F1 visa status. I obtain F1 visa 2-3 years ago and still have 2 years of visa.

I have another question: Before sending AoS documents to USCIS, can I travel to my country and back to the US? It seems that my case will not be current until 2-3 months, I was planning to visit my family.