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DV 2021 AOS Only

There is this information at top of the page 11 in Form I-944 instructions.

View attachment 2240

You need to read that paragraph “in context” of entire public charge paragraph; (to make it easier, from section 16 on the instruction form and the I-944 itself) - you can’t read or try to get an interpretation by reading the paragraph on its own. That is a document you’re required to provide if you’ve ever applied for some form of public benefit and you were denied based on being found to be ineligible in which case you’ll tick the box in front of this response on the form itself:
“No, I am not certified to receive ...”
 
I got stimulus 1,200 + 600 checks even though I'm on F1 visa with a work permit. The IRS considers them as Tax Credit for 2020. I'm worried that they might consider them as cash benefits and public charges. Should I pay them back?
I also have a student loan of 10,000 and Credit Cards of 3000 but I have good income
 
I got stimulus 1,200 + 600 checks even though I'm on F1 visa with a work permit. The IRS considers them as Tax Credit for 2020. I'm worried that they might consider them as cash benefits and public charges. Should I pay them back?
I also have a student loan of 10,000 and Credit Cards of 3000 but I have good income
Stimulus check are not problematic as long as you are eligible to receive. (Given that you are a F1 student, you may want to check your eligibility. Usually if you reside in US for less than 5 yeas you should have used non-resident tax which is not eligible to receive Stimulus check, but otherwise it will be fine)
If you have a loan or balance in your credit card you need to disclose it in I-944.
 
I was not eligible and I will pay it back. But I can’t pay my student loan or credit card debit. I hope will not be a problem
 
You need to read that paragraph “in context” of entire public charge paragraph; (to make it easier, from section 16 on the instruction form and the I-944 itself) - you can’t read or try to get an interpretation by reading the paragraph on its own. That is a document you’re required to provide if you’ve ever applied for some form of public benefit and you were denied based on being found to be ineligible in which case you’ll tick the box in front of this response on the form itself:
“No, I am not certified to receive ...”

That makes sense. Thank you!
 
Hello:

We will be visiting USA from Kazakhstan in April 2021with a current B visa. We are winners of the DV2021 with a 16K number. We are seeing that the number may not reach us on time since there are no consular interviews being scheduled. Could we just do an AOS in June our July while we are in the USA if our number is still not called for consular processing by that month? Can they deny us our AOS for having entered and later decide to do the AOS instead of the consular given the circumstance explained?
 
Hello:

We will be visiting USA from Kazakhstan in April 2021with a current B visa. We are winners of the DV2021 with a 16K number. We are seeing that the number may not reach us on time since there are no consular interviews being scheduled. Could we just do an AOS in June our July while we are in the USA if our number is still not called for consular processing by that month? Can they deny us our AOS for having entered and later decide to do the AOS instead of the consular given the circumstance explained?

No, you cannot use a NIV to enter the US with a preconceived intent of filing AOS, that is considered a fraudulent use of a NIV.
 
Hello:

We will be visiting USA from Kazakhstan in April 2021with a current B visa. We are winners of the DV2021 with a 16K number. We are seeing that the number may not reach us on time since there are no consular interviews being scheduled. Could we just do an AOS in June our July while we are in the USA if our number is still not called for consular processing by that month? Can they deny us our AOS for having entered and later decide to do the AOS instead of the consular given the circumstance explained?

Apart from mom’s correct response, if your number is not “called” it won’t be valid for AOS either.
 
I'm filling the I-485. Regarding the physical address for the last 5 years. I came to the USA on a tourism visa for about 2 months before I come again on a student visa. I was in multiple places over the USA that I can't remember. Should I provide an address in the USA during my 2 months visit or keep my address in Dubai where I came from?
 
I'm filling the I-485. Regarding the physical address for the last 5 years. I came to the USA on a tourism visa for about 2 months before I come again on a student visa. I was in multiple places over the USA that I can't remember. Should I provide an address in the USA during my 2 months visit or keep my address in Dubai where I came from?

You were a tourist during those 2 months, you were not living in the US, so the address for those periods should be your home address.
 
Hello mom,

My monthly bank statements have around 10 pages on average, among which only 3-4 pages have financial details like balance and transactions. So, my questions to you are:
1. Do we need to include all the pages of our bank statement documents?
2. Or instead can we just send only those that have our financial details?
3. Or instead is it okay to send a printout of the recent year-long transaction history of my accounts?

Thank you!
 
Hello mom,

My monthly bank statements have around 10 pages on average, among which only 3-4 pages have financial details like balance and transactions. So, my questions to you are:
1. Do we need to include all the pages of our bank statement documents?
2. Or instead can we just send only those that have our financial details?
3. Or instead is it okay to send a printout of the recent year-long transaction history of my accounts?

Thank you!

You'll have to use your discretion on how to proceed with this please.
 
Hello mom,

My monthly bank statements have around 10 pages on average, among which only 3-4 pages have financial details like balance and transactions. So, my questions to you are:
1. Do we need to include all the pages of our bank statement documents?
2. Or instead can we just send only those that have our financial details?
3. Or instead is it okay to send a printout of the recent year-long transaction history of my accounts?

Thank you!
I had the same issue, an agent at the bank said there is an option called mini statements which reduced the pages significantly ...i was able to get one of those which had much lesser pages with required details.. check with your bank..
 
Hi Mom,

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**.

I and my wife are doing AOS. I may need to graduate before May 2021. In this case our J visa allows us to stay in the US for 60 days before departure from US as far as I understand. Our green card interview is scheduled on Feb 23, 2021. How do you think is it risky for me to graduate by May 2021 in this situation, knowing that in this case we will have to leave US by July 31, 2021. Do I understand correct, if we do not receive green card by the time we leave US, even if are approved to get it on the Interview, leaving US would disqualify us to receive a green card? I would appreciate any advice on the situation!

Thank you very much!
 
Hi Mom,

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**.

I and my wife are doing AOS. I may need to graduate before May 2021. In this case our J visa allows us to stay in the US for 60 days before departure from US as far as I understand. Our green card interview is scheduled on Feb 23, 2021. How do you think is it risky for me to graduate by May 2021 in this situation, knowing that in this case we will have to leave US by July 31, 2021. Do I understand correct, if we do not receive green card by the time we leave US, even if are approved to get it on the Interview, leaving US would disqualify us to receive a green card? I would appreciate any advice on the situation!

Thank you very much!

You’re not required or expected to depart from the US if your current status expires while AOS adjudication is pending. You will automatically roll into what is known as adjustment pending - it is a valid status that allows you to remain while AOS is pending without accruing an illegal presence. If the AOS application gets denied after you’ve gone out of status, that is when you will have to leave the US.
 
You’re not required or expected to depart from the US if your current status expires while AOS adjudication is pending. You will automatically roll into what is known as adjustment pending - it is a valid status that allows you to remain while AOS is pending without accruing an illegal presence. If the AOS application gets denied after you’ve gone out of status, that is when you will have to leave the US.

Dear Mom,

Thank you very much for the quick response! It is great news, really.

So, it means, I can schedule my graduation by May 2021 and then once our status of J visa expires, and if we still do not have decision on GC yet, we are legal to stay in the US while AOS adjudication is pending?

Sorry for long sentences, just to make sure I understood the idea.
I appreciate you help, as always, VERY MUCH!!!

Thank you very much!!!
 
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A friend of mine is adjusting their status but the work permit is taking too long to get approval (about six months now). If they send an expedite request claiming sever financial loss, will this make them inadmissible on grounds of public charge?
 
Dear Mom,

Thank you very much for the quick response! It is great news, really.

So, it means, I can schedule my graduation by May 2021 and then once our status of J visa expires, and if we still do not have decision on GC yet, we are legal to stay in the US while AOS adjudication is pending?

Sorry for long sentences, just to make sure I understood the idea.
I appreciate you help, as always, VERY MUCH!!!

Thank you very much!!!

Yes
 
A friend of mine is adjusting their status but the work permit is taking too long to get approval (about six months now). If they send an expedite request claiming sever financial loss, will this make them inadmissible on grounds of public charge?

What is the basis of the AOS application?
 
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