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DV 2021 AOS Only

Veunouss9 said:
Also, for a person who leaves alone ( only one person in the household), how much does she need to have on her bank statement, tax records?
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For a one person household, having assets and resources valued at or above 250% of the Federal Poverty Guideline (FPG), which is $12,760 is considered a positive factor (there is a higher amount applicable for applicants living in Alaska or Hawaii by the way).

Having said that, the truth is this should not be taken as a magic number for overcoming public charge perception. The determination of an alien’s likelihood of becoming a public charge at any time in the future is a prospective determination that is based on the totality of the alien’s circumstances and by weighing all of the factors (both positive and negative) that are relevant to the alien’s case - meaning several factors are taken into consideration when adjudicating each case. Some of these factors include the applicant's age; health; assets, resources, and financial status; education and skills; etc.
 
bookofsecrets said:
Hi Mom,

Just wanted to ask everyone here if they have received their DOS receipt yet I have sent it via USPS a month ago and still don't have a reply from them. Any way I can contact the DOS to check if they have received it?

Thanks,
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Did you include a SAE with your payment?

One way to find out is to check from your end if your payment as been cashed or not. You can also follow up on this by contacting the KCC.
 
Hello you guys,
I’m new on this forum and I have a couple of questions concerning my aos 2021.
Before going further, the information about me are:

My CN is 2021AF7xx3
I’m an international student about to graduate (Bsc Finance). I’m entirely financed by my family back home and I do have some funds on my bank account as well.
I was able to fill out the required forms (i485, i765, i693, i944).

My question is: Since my parents finance me, I have my own appartement where I live and an on-campus job, Do I need to find a sponsor in the usa to fill the i134? (I have no relative here, I also have proof that my parents finance me)
 
Minnesotan507 said:
Hello you guys,
I’m new on this forum and I have a couple of questions concerning my aos 2021.
Before going further, the information about me are:

My CN is 2021AF7xx3
I’m an international student about to graduate (Bsc Finance). I’m entirely financed by my family back home and I do have some funds on my bank account as well.
I was able to fill out the required forms (i485, i765, i693, i944).

My question is: Since my parents finance me, I have my own appartement where I live and an on-campus job, Do I need to find a sponsor in the usa to fill the i134? (I have no relative here, I also have proof that my parents finance me)
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Your parents financing your education doesn’t necessarily isn’t necessarily an indication of the likelihood of your not becoming a public charge upon becoming a LPR. The determination of an alien’s likelihood of becoming a public charge at any time in the future is a prospective determination that is based on the totality of the alien’s circumstances and by weighing all of the factors (both positive and negative) that are relevant to the alien’s case - meaning several factors are taken into consideration when adjudicating each case. Some of these factors include the applicant's age; health; assets, resources, and financial status; education and skills; etc.

I suggest you use the Totality of the Circumstance Worksheet to pre-assess yourself - this gives you an insight to your positive and negative factors and how heavily you weigh.

To directly answer your question, having an I-134 from a USC or LPR as a backup financial document to overcome being perceived a public charge is often recommended.
 
Hi

My current number is available on November. I almost done with my documents. But i have a question. I came legally here with my j1 visa. My ds2019 is gonna expire on 25 november. My agency is gonna send me my new ds2019 at the end of November. My question is should I wait until i get my new ds2019 (my new ds is gonna expire 25 -may-2021)?. Or i should send my documents before my current ds expire. Now I'm just waiting my medical record. Thank you in advance.
 
Snow27 said:
Hi

My current number is available on November. I almost done with my documents. But i have a question. I came legally here with my j1 visa. My ds2019 is gonna expire on 25 november. My agency is gonna send me my new ds2019 at the end of November. My question is should I wait until i get my new ds2019 (my new ds is gonna expire 25 -may-2021)?. Or i should send my documents before my current ds expire. Now I'm just waiting my medical record. Thank you in advance.
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Is the new DS2019 approved and issued? If yes, I recommend you get it first before the current one expires following which you can now file AOS. Recommending you go this route as you need to ensure you’ve never fallen out of status prior to your AOS filing, and this also ensures a fall back status in case the AOS petition gets denied.

If you will not have confirmation of your new status before the present one expires, then you have no choice but to file now and hope USCIS accepts your AOS package before the current one expires. You don’t want to be in a situation where there might be the slightest doubt as to if you were still in status as at the time of filing AOS.

By the way, I hope your J1 is not subject to a 2YHRR.
 
Thanks a lot mom for your detailed and complete answer, another concern:

I’ll graduate in May 2021. I’m probably going to file in April 2021. In January 2021, I will apply for a post completion OPT, that means after I graduate I’m likely to find a job before I get scheduled for an interview at the local USCIS. Even though I didn’t file a form i134, can I just take my new work documents (paystubs and everything) at the interview to prove that I’m working?
 
Sm1smom said:
Is the new DS2019 approved and issued? If yes, I recommend you get it first before the current one expires following which you can now file AOS. Recommending you go this route as you need to ensure you’ve never fallen out of status prior to your AOS filing, and this also ensures a fall back status in case the AOS petition gets denied.

If you will not have confirmation of your new status before the present one expires, then you have no choice but to file now and hope USCIS accepts your AOS package before the current one expires. You don’t want to be in a situation where there might be the slightest doubt as to if you were still in status as at the time of filing AOS.

By the way, I hope your J1 is not subject to a 2YHRR.
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Thank you for your answer. Yes, my new ds is already approved. The agency is gonna mail the new ds2019 to me, one week before my current ds expire. So i will wait for this document.
 
Minnesotan507 said:
Thanks a lot mom for your detailed and complete answer, another concern:

I’ll graduate in May 2021. I’m probably going to file in April 2021. In January 2021, I will apply for a post completion OPT, that means after I graduate I’m likely to find a job before I get scheduled for an interview at the local USCIS. Even though I didn’t file a form i134, can I just take my new work documents (paystubs and everything) at the interview to prove that I’m working?
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Yes you can.
 
Hi! My case number is AS21xxx and I know its still very early and I have not even filled up the DS260 yet. But I hope to get the documents ready so that I could fill out the DS-260 at the right time. I was not married last year when I applied for the lottery and I married on Last January when I went to home country for a short break. However, since my spouse is living in my home country, I want to know whether she needs any additional documents (such as police reports) when I am going to add her to my DS260?
 
hap3158 said:
Hi! My case number is AS21xxx and I know its still very early and I have not even filled up the DS260 yet. But I hope to get the documents ready so that I could fill out the DS-260 at the right time. I was not married last year when I applied for the lottery and I married on Last January when I went to home country for a short break. However, since my spouse is living in my home country, I want to know whether she needs any additional documents (such as police reports) when I am going to add her to my DS260?
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Yes, your spouse will need the PCC and any other applicable documents for derivatives processing via CP.
 
zeroboy said:
https://twitter.com/i/web/status/1323313744710160385
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Public charge consideration is still going to be taken into consideration when adjudicating AOS cases. The expanded definition of what constitutes a public charge and how it is being applied is what has been the bone of contention. So public charge ruling on it's own is not suspended. Anyway, now we wait and see how USCIS interprets/reacts to the new court injunction.
 
Hello everyone, my number is 2021 EU00016XXX. Is this a very large number? I was unaware of this bulletin and completed the DS-260 in August. Is this a big mistake? I found out about the choice in the status of a tourist and my status will end in November, but in November my husband submits Form I-589 and I, in his case, can change the status later. I am with my husband, and my choice is my husband, my daughter is with us, she will be 21 in April and she is in our cases. Can we get through? Which way is more correct for us?
 
leno4kakitten said:
Hello everyone, my number is 2021 EU00016XXX. Is this a very large number? I was unaware of this bulletin and completed the DS-260 in August. Is this a big mistake? I found out about the choice in the status of a tourist and my status will end in November, but in November my husband submits Form I-589 and I, in his case, can change the status later. I am with my husband, and my choice is my husband, my daughter is with us, she will be 21 in April and she is in our cases. Can we get through? Which way is more correct for us?
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You will not be AOS eligible if your current status expires before your CN becomes current. You cannot file for AOS while an extension of status application is pending, and there's no guarantee the extension of status request will be approved. Right now, the only option for you and your family appears to be CP. If your extension of status request gets approved, then you may be AOS eligible (assuming your CN becomes current during the duration of the granted stay/extension).
 
Sm1smom said:
You will not be AOS eligible if your current status expires before your CN becomes current. You cannot file for AOS while an extension of status application is pending, and there's no guarantee the extension of status request will be approved. Right now, the only option for you and your family appears to be CP. If your extension of status request gets approved, then you may be AOS eligible (assuming your CN becomes current during the duration of the granted stay/extension).
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Poster said i589, which is asylum, but it’s a little confusing as she said husband only will file, not clear what will happen to her status in the interim.

@leno4kakitten you cannot file AOS for DV if you are not in status. I can’t comment more on your case as I can’t figure out from your post exactly what you are planning to do to stay in status.
 
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