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DV 2021 AOS Only

Sm1smom said:
No one can predict when you’re likely to receive the bio notice due to the backlog situation USCIS has been dealing with since June/July 2020. Take a look at the 2021 Timeline spreadsheet to see how fellow 2021 DV AOS filers are doing. You should also add your info to the timeline spreadsheet by the way, it is a lot more useful there.
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Thank you for your reply. And yes, I will send a request now to add my timeline to the spreadsheet.
 
NickN said:
Just after posting this reply, I went to check our mailbox and we found there two letters inviting us to the interview on Feb 23, 2021.

Dear Mom and other moderators,
Question for you. I am not sure, is it possible to go to the interview without biometrics and do biometrics later? Hopefully biometrics will be scheduled soon. I will keep you updated.

Another short clarification question, in the letter states to BRING WITH YOU:

* ...
* ...
* ...
* Completed form I-864, Affidavit of Support.

I saw the spread sheet states that it does not apply for DV visa and we should print out the 9 FAM 302.8 (U) Public Charge) to show on the interview if needed.
(https://fam.state.gov/fam/09fam/09fam030208.html)
Is it still true?

Thank you very much! I hope everybody waiting will get their letters soon!!! Hope for the better for all!!! :)
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Yes, it is possible. The NBC schedules the bio, the FO schedules the interview. Some FOs are not super busy like others, they tend to schedule the interviews very quickly, one of 4 things may happen when you show up for your interview prior to the bio being done:
1. Your IO may decide the interview cannot proceed as scheduled and will need to be rescheduled for a later date after your bio has been done.
2. Your IO may decide to proceed with the interview, following which he/she holds off on making a decision until after bio has been completed.
3. Your IO proceeds with the interview, schedules the bio for you on through the FO but the bio will be on a different day.
4. Your IO proceeds with the interview, schedules the bio for you on the same day at the FO

Ignore the I-864 request, your IL is a generic one used by your FO.
 
Sm1smom said:
Yes, it is possible. The NBC schedules the bio, the FO schedules the interview. Some FOs are not super busy like others, they tend to schedule the interviews very quickly, one of 4 things may happen when you show up for your interview prior to the bio being done:
1. Your IO may decide the interview cannot proceed as scheduled and will need to be rescheduled for a later date after your bio has been done.
2. Your IO may decide to proceed with the interview, following which he/she holds off on making a decision until after bio has been completed.
3. Your IO proceeds with the interview, schedules the bio for you on through the FO but the bio will be on a different day.
4. Your IO proceeds with the interview, schedules the bio for you on the same day at the FO

Ignore the I-864 request, your IL is a generic one used by your FO.
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Dear Mom,

Thank you very much for the detailed answer! It is very important to know for me the possibilities based on your experience. We will hope for number 4 or that they will send bio soon :), but prepare for any of the possibilities psychologically. Thank you for information on the I-864! Have a great day! I appreciate your and other moderators great motivation in helping us.
 
My husband and I have different opinions about the definition of household member(s) for the I-944. We think it might be better to ask for clarification from all the helpers here.

A little background :

My husband and I were both F1 students when we found out that I got selected for DV2021. He was on OPT at the time, but his work was in another state, so we did not physically live together. After his OPT ended last summer, he moved back to live with me for less than 2 months and left the US before his F1 grace period ended. He is currently in our home country and has a full-time job. I’m still a full-time F1 student here in the US, and I’ve been on a 50% Research Assistant appointment since the very beginning. We filed our 2019 tax as married filed jointly and will be filing 2020 tax as married filed jointly. I would say that my husband and I are financially independent (except that sometimes he would buy some electronics for me), although we file tax jointly. He will pursue FTJ after my AOS is approved.

Instruction of I-944 regarding household:

Item Number 1. Household. The following individuals are part of your household:

  1. If you are 21 years of age or older, or under the age of 21 and married, list the following household members in Part 2., as applicable:
    • You;
    • Your spouse, if physically residing with you;
    • Your children (under the age of 21 and unmarried) physically residing with you;
    • Your other children (under the age of 21 and unmarried) not physically residing with you for whom you provide or are required to provide at least 50 percent of financial support, as evidenced by a child support order or agreement, a custody order or agreement, or any other order or agreement specifying the amount of financial support to be provided by you;
    • Any other individuals (including a spouse not physically residing with you) to whom you provide, or are required to provide, at least 50 percent of the individual’s financial support, or who are listed as a dependent on your federal income tax return; and
    • Any individual who provides to you at least 50 percent of your financial support, or who lists you as a dependent on his or her federal income tax return.
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My questions:
  1. Should I list my husband as part of my household?
  2. If I don’t list my household as part of my household, would that negatively affect his eligibility to pursue FTJ?
  3. I'm thinking to include a copy of our marriage certificate in my AOS package even it is not asked. Would that lead to any problem?
I appreciate any feedback. Thank you all in advance!
 
Chuchuaaa said:
My husband and I have different opinions about the definition of household member(s) for the I-944. We think it might be better to ask for clarification from all the helpers here.

A little background :

My husband and I were both F1 students when we found out that I got selected for DV2021. He was on OPT at the time, but his work was in another state, so we did not physically live together. After his OPT ended last summer, he moved back to live with me for less than 2 months and left the US before his F1 grace period ended. He is currently in our home country and has a full-time job. I’m still a full-time F1 student here in the US, and I’ve been on a 50% Research Assistant appointment since the very beginning. We filed our 2019 tax as married filed jointly and will be filing 2020 tax as married filed jointly. I would say that my husband and I are financially independent (except that sometimes he would buy some electronics for me), although we file tax jointly. He will pursue FTJ after my AOS is approved.

Instruction of I-944 regarding household:



My questions:
  1. Should I list my husband as part of my household?
  2. If I don’t list my household as part of my household, would that negatively affect his eligibility to pursue FTJ?
  3. I'm thinking to include a copy of our marriage certificate in my AOS package even it is not asked. Would that lead to any problem?
I appreciate any feedback. Thank you all in advance!
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1. List him as a member of your household. His income, as reflected on the IRS transcripts is part of what will be taken into consideration in your being deemed as unlikely to become a public charge.
2. See 1 above.
3. Not a problem.
 
Sm1smom said:
1. List him as a member of your household. His income, as reflected on the IRS transcripts is part of what will be taken into consideration in your being deemed as unlikely to become a public charge.
2. See 1 above.
3. Not a problem.
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Thank you so much, Mom @Sm1smom , for your fast response as usual.

I have a quick follow-up question:

My husband will not be filing an I-485 with me as he is currently overseas. Instead, I will bring Form I-824 with me to the interview to request an FTJ for my husband.
Q: When I am asked in the I-944 about the household member: "Is this individual filing an application for an immigration benefit with you?", should I check "yes" or "no"?

Thank you again!
 
Chuchuaaa said:
Thank you so much, Mom @Sm1smom , for your fast response as usual.

I have a quick follow-up question:

My husband will not be filing an I-485 with me as he is currently overseas. Instead, I will bring Form I-824 with me to the interview to request an FTJ for my husband.
Q: When I am asked in the I-944 about the household member: "Is this individual filing an application for an immigration benefit with you?", should I check "yes" or "no"?

Thank you again!
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You can answer “no” because technically speaking, he’s not filing with you.
 
Which is the faster method of payment for the AOS fees? Money Order or Personal Check or Credit Card? I know a personal check might take longer than a credit card.
 
Hello mom,

Is it required to document that I am not eligible to receive any public benefits for Form I-944?

I currently hold a TA position that pays around 150% of the current federal poverty level for 1 and I am also filing Form I-134.

Thank you!
 
anasmid2020 said:
Which is the faster method of payment for the AOS fees? Money Order or Personal Check or Credit Card? I know a personal check might take longer than a credit card.
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This makes no difference to the entire process timeline as far as USCIS is concerned.
 
Troy123 said:
Hello mom,

Is it required to document that I am not eligible to receive any public benefits for Form I-944?

I currently hold a TA position that pays around 150% of the current federal poverty level for 1 and I am also filing Form I-134.

Thank you!
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Document you’re not eligible to receive any public benefit in what way? I don’t understand your question. Form I-944 is not for demonstrating wether one is eligible to receive public benefit or not.
 
Dear friends, I have a question about I-824 form. Instructions say that i-485 could be filled together with i-824. Anyone had any luck doing that? Would it save a time for my spouse while she waiting on her CP as my derivative?
 
Worker2020 said:
Dear friends, I have a question about I-824 form. Instructions say that i-485 could be filled together with i-824. Anyone had any luck doing that? Would it save a time for my spouse while she waiting on her CP as my derivative?
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You cannot file an I824 with a DV based I-485.
 
Worker2020 said:
Thank you Mom, I appreciate your advice.
Well, so the only one option is to file it right away after AOS will get approved? Or I could bring it to the interview like the other person mentioned above?
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My previous response may not be accurate, so I should have responded by saying I don’t know, and not categorically state “you cannot file an I-824” with a DV based I485. I have no idea if anyone has successfully done that in the past. I misread your previous post, I thought it was asking about filing an I-864 with the I-485, so apologies for that.

For a DV based FTJ, I only know of when the FTJ process was initiated AFTER the primary applicant’s AOS application had been approved.
 
Thank you
Sm1smom said:
My previous response may not be accurate, so I should have responded by saying I don’t know, and not categorically state “you cannot file an I-824” with a DV based I485. I have no idea if anyone has successfully done that in the past. I misread your previous post, I thought it was asking about filing an I-864 with the I-485, so apologies for that.

For a DV based FTJ, I only know of when the FTJ process was initiated AFTER the primary applicant’s AOS application had been approved.
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Thank you Mom
 
On i824, uscis specifically says they will not process it while an application is still pending, so I don’t see the value in including it with i485 as no action will be taken anyway before approval? ( I also dont see the specific part of the instructions that says you can file with i485 but may have missed that).
 
SusieQQQ said:
On i824, uscis specifically says they will not process it while an application is still pending, so I don’t see the value in including it with i485 as no action will be taken anyway before approval? ( I also dont see the specific part of the instructions that says you can file with i485 but may have missed that).
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Thank you Susie for your answer, appreciate it
 
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