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DV 2022 AOS (Adjustment of Status) Only

AlmostDone said:
Hello,

I sent my AOS package today. I just wanted to share the pic of the files in case it might be an example who are planning to prepare their packages too. I didn't write a cover letter. I tried to add all the documents that they would want to see. I hope we will have a chance to be waived the interview.
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This’s so neat! I didn’t know that we can punch hole our documents!

Good luck
 
Hello, this is my first post and I wanted to say I'm really grateful for all the information in the forum!

1. Is having a $25,500 W-2 and a bank statement with nearly half that amount is enough for a two-person household, considering 150% PGL is $27,465? It's highly likely that I won't be able to find anyone for I-134.

2. If I file this way (without I-134) will my case be automatically denied?

3. If possible can you point out to me the official document that states the requirement of the applicable poverty guideline for AOS?
 
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GCBender said:
Hello, this is my first post and I wanted to say I'm really grateful for all the information in the forum!

1. Is having a $25,500 W-2 and a bank statement with nearly half that amount is enough for a two-person household, considering 150% PGL is $27,465? It's highly likely that I won't be able to find anyone for I-134.

2. If I file this way (without I-134) will my case be automatically denied?

3. If possible can you point out to me the official document that states the requirement of the applicable poverty guideline for AOS?
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In 1485 instructions says :
"Evidence of Financial Support
If you are filing Form I-485 as a DV applicant, you do not need to submit evidence of financial support. "

In my opinion, as long as you have an income regardless of how much it is or whether it is below 150% PGL or no. I do not believe they look at the poverty level. They must be aware of the fact this source of income is by working 20 hours only as an F1 ( I assume ) and right now you are not allowed to work more than 20 hours.

In summary, the DV lottery has nothing to do with financial sponsorship.
 
AnasMD said:
This’s so neat! I didn’t know that we can punch hole our documents!

Good luck
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Thank you. Yes, they especially encourage you to punch the documents. This is from USCIS website: "Use fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated."
 
GCBender said:
Hello, this is my first post and I wanted to say I'm really grateful for all the information in the forum!

1. Is having a $25,500 W-2 and a bank statement with nearly half that amount is enough for a two-person household, considering 150% PGL is $27,465? It's highly likely that I won't be able to find anyone for I-134.

2. If I file this way (without I-134) will my case be automatically denied?

3. If possible can you point out to me the official document that states the requirement of the applicable poverty guideline for AOS?
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1. The IOs typically look at the "totality of the circumstance" in making a public charge determination. So my guess is they will look at the financial evidence you're providing plus your current status (currently employed?), etc. in deciding if you may need an affidavit of support or not.
2. Of course not. If the IO is not satisfied with what you've provided, you will be given an opportunity to address it.
3. You already mentioned the Poverty Guideline, so I'm not quite sure which other official document dealing with the applicable poverty guideline for AOS you're asking about. Or maybe I have misunderstood your question here.
 
adam69 said:
In 1485 instructions says :
"Evidence of Financial Support
If you are filing Form I-485 as a DV applicant, you do not need to submit evidence of financial support. "

In my opinion, as long as you have an income regardless of how much it is or whether it is below 150% PGL or no. I do not believe they look at the poverty level. They must be aware of the fact this source of income is by working 20 hours only as an F1 ( I assume ) and right now you are not allowed to work more than 20 hours.

In summary, the DV lottery has nothing to do with financial sponsorship.
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Because I highly believe in diversity of opinion, I was going to ignore this post. But then I realized if I ignore the broad assertion made here, this could unintentionally create problems for some applicants who could have easily provided the recommended financial documents in support of their application (but subsequently decide to not do so because "the DV lottery has nothing to do with financial sponsorship"), and such applicants end up finding out their IO is requiring such documents from them, or that similar applicants from their FOs got approved without an interview while they have been invited to attend an interview.

So while I respect your personal opinion on this, the points I will be making below are for the benefit of other selectees/members of this forum who may be reading this post now or in the future:

INA 212(a)(4) requires ANY applicant (regardless of if they are working full time or not due to circumstance beyond their control) to be able to demonstrate they are not likely to become a public charge in order for their application to be approved. The adjudicator is empowered to find an applicant inadmissible and, therefore, ineligible for a visa if in their opinion, at the time of adjudication, the applicant is likely at any time to become a public charge.

Here's a link to a DV 2021 selectee F1 OPT status who received a RFE due to the IO having concerns about the possibility of their becoming a public charge. The RFE partly says: "An applicant for a diversity immigrant visa is not required to file an affidavit of support on form l-864 at the time he or she applies for the visa. However, the Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge". This applicant had to present an I-134 to overcome this.

DV 2020 AOSer (F1 status) who got asked for financial documents at the time of their interview - fortunately for them, they already had the I-134 on hand when they showed up for their interview.

DV 2018 AOSer (F1 status) who got asked for financial documents at the time of their interview

USCIS Policy Manual (Footnote 61) - the adjudicator manual which guides IOs says: "A winner of the Diversity Visa Program lottery has no petition or petitioner. Consequently, a Diversity Visa Program adjustment applicant does not need to file an Affidavit of Support. However, the applicant is still subject to the public charge ground of inadmissibility."

In addition to all of the above, there are reported instances (on past threads in this forum) of applicants with interview letters that specifically requested the applicants to attend their DV based AOS interview with an I-134. I could go on and on, but I'm going to stop here as this post is already much longer than intended.
 
Hi, I am doing AOS and not quite sure to whom should I order the $330. DOS or DHS? Since my wife and my daughter are my derivatives, can I write a single money order in the amount of $990 or I should have separate money order for each of us?

Thanks
 
Hi, one quick question, can we do staple documents such as staple photos with paper when we file AOS?
 
AlmostDone said:
Thank you. Yes, they especially encourage you to punch the documents. This is from USCIS website: "Use fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated."
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Thank you!
Could you please provide the link?
 
ivanze said:
Good news, finally. Our case is ready to be scheduled for the interview (as per USCIS status update). Patiently waiting for the letter to arrive by mail.
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Congrats! What is your timeline? When did you send your application and go to the biometrics appointment? Hope you don’t mind me asking!
 
BluePrint said:
Congrats! What is your timeline? When did you send your application and go to the biometrics appointment? Hope you don’t mind me asking!
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Thanks. The timeline is in the signature portion of my every message on the forum :cool:

10/11 - Package sent to USCIS
10/13 - Delivered to the Chicago lockbox
10/21 - Acceptance text message received
10/21 - Checks cashed
11/7 - Bio letter received
11/26 - Bio appointment completed
 
I have a small question mom , in any case USCIS accept your case without being current? One of my friend's AOS package got accepted and gave his interview as well, but unfortunately they put him on hold because of his old medical form. Is it consided to be his fortune or USCIS mistake??
The case number was not even close ..
 
Hi! Would there be a possibility to come to the US in late June / early July and file an adjustment of status? I've heard there's some 30 days rule before I can file, but I'm not sure if 2 months is enough to complete such a process. Thank you in advance :)
 
Dave076 said:
I have a small question mom , in any case USCIS accept your case without being current? One of my friend's AOS package got accepted and gave his interview as well, but unfortunately they put him on hold because of his old medical form. Is it consided to be his fortune or USCIS mistake??
The case number was not even close ..
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It is hard for me to answer your questions as asked considering medical reports are currently valid for two year, more details required:
1. Is your friend’s case a DV2022 AOS based application?
2. When did your friend file, when did they become current?
3. When was the interview?
4. Was your friend told to submit a new medical report at the end of the interview?
 
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