DV 2022 AOS (Adjustment of Status) Only

[Supernova_]

1. What did you select in Part 2 Question 1 as the Application Type/Filing Category on your I-485 form?
2. Did you fill out questions Part Questions 3 to 9?
3. Did you reference your pending I-140 in any section of the I-485?

1. I selected "Diversity Visa program" in section 1.g. Additional Options.
2. No. For Questions 3-9 in Part 2, I just wrote N/A for Receipt Number and Priority Date, for myself and the derivative applicant.
3. No, not in any section of Form I-485. However, I had included a copy of the Notice of Action (I-797C) of I-140 among the attached documents in the package. Moreover, I used the A-Number that I had received on the Notice of Action (I-797C) of I-140 in Form I-485.

In the cover letter and also the cover pages for both applications, we have clearly, several times, mentioned that this is for Diversity Visa Lottery-Based Adjustment of Status. Do you think that they have made a mistake in sending the package? What should we do now?

 

[Sm1smom]

1. I selected "Diversity Visa program" in section 1.g. Additional Options.
2. No. For Questions 3-9 in Part 2, I just wrote N/A for Receipt Number and Priority Date, for myself and the derivative applicant.
3. No, not in any section of Form I-485. However, I had included a copy of the Notice of Action (I-797C) of I-140 among the attached documents in the package. Moreover, I used the A-Number that I had received on the Notice of Action (I-797C) of I-140 in Form I-485.

In the cover letter and also the cover pages for both applications, we have clearly, several times, mentioned that this is for Diversity Visa Lottery-Based Adjustment of Status. Do you think that they have made a mistake in sending the package? What should we do now?

Yeah, I think they somehow assumed the I485 was tied to your I-140 as I haven’t read of any current load redistribution amongst the service centers. I suggest you call the 1800 number and try your best to either get connected to a Tier 2 agent, or get scheduled for a call back from a Tier 2 agent. Tier 2 agents have access to information which the frontline reps do not.

 

[Supernova_]

Yeah, I think they somehow assumed the I485 was tied to your I-140 as I haven’t read of any current load redistribution amongst the service centers. I suggest you call the 1800 number and try your best to either get connected to a Tier 2 agent, or get scheduled for a call back from a Tier 2 agent. Tier 2 agents have access to information which the frontline reps do not.

Thank you for your suggestion. Should both packages be transferred to NBC from Nebraska or can Nebraska handle DV cases as well?

 

[refredem]

1. I can’t tell you if you “need” to apply for an AP and/or EAD card or not, that’s something you’ll need to decide on your own.
2. The EAD is a work authorization card that allows one to work (upon issue) while the AOS application is pending.
3. The reason as to why some apply or not is their personal choice, I don’t know why they do.
4. Take a look at the past timeline spreadsheets to get an idea of which AOSers filed for those in the past.

I recommend you take a look at the AOS process spreadsheet, start with the “AOS Package” tab (lines 89/90 where you can find more detailed explanation on this, and a link to USCIS’s FAQ website on frequently asked AP EAD questions). Also take a look at the “AOS FAQ” tab of the AOS process spreadsheet - you’ll find several questions and answers regarding AP/EAD.

p.s. number your questions if you have more than one in a post.

Thank you for the answers !

 

[Sm1smom]

Thank you for your suggestion. Should both packages be transferred to NBC from Nebraska or can Nebraska handle DV cases as well?

You probably want to get your DV based AOS processing handled by the NBC. I don’t know if Nebraska is familiar with DV cases, the NBC on the other hand is a lot more familiar with those and are aware DV based AOS applications are time limited and should be fast-tracked in terms of scheduling the bio appointment and subsequently forwarding the case file to the applicable FO with jurisdiction over the case.

 

[lcopp13]

Hey y'all, I received my NOA letter on 3/21. I have USPS informed delivery and it showed a letter from USCIS last Friday (4/1) which never arrived. Assuming that it's my biometric appointment letter, how can I get another copy sent or see when it is? I don't know the appointment date/time and my case status is still just saying that my fingerprint fee was received.

I ended up chatting with a live agent - they didn't tell me anything I didn't already know. Had to call USCIS who finally confirmed it was my biometrics letter and then she gave me my appointment info. Hopefully it comes in a couple days

 

[Sm1smom]

I ended up chatting with a live agent - they didn't tell me anything I didn't already know. Had to call USCIS who finally confirmed it was my biometrics letter and then she gave me my appointment info. Hopefully it comes in a couple days

Glad to know calling the 1800 number worked for you as against the Chat option which worked for several others in the past. The live agents via chat and those who answer the 1800 phone calls are all USCIS tier 1 agents, so I guess it really doesn't matter. The most important thing is being able to get the needed information.

 

[Udu2022]

Hi,

I am currently in STEM OPT and I have the Both the EAD cards (Initial OPT and STEM OPT extension). However, I only have I-797 notice for STEM OPT, but I-797 for initial OPT has been misplaced. Is it required to send all the I-797 forms even when I am presenting two EAD cards? If it is required, how should I address this issue. Please advise me.

Thank you!

 

[Udu2022]

1. Please use your own discretion on whether to select Yes or No for this. However, whichever option you select, I recommend you provide additional inform about the case in Part 14 Additional Information section of your form.
2. It shouldn’t. It however doesn’t mean one should refrain from disclosing pertinent information (if asked) because it will negatively affect their application.

Thank you very much for your kind help!

 

[Sm1smom]

Hi,

I am currently in STEM OPT and I have the Both the EAD cards (Initial OPT and STEM OPT extension). However, I only have I-797 notice for STEM OPT, but I-797 for initial OPT has been misplaced. Is it required to send all the I-797 forms even when I am presenting two EAD cards? If it is required, how should I address this issue. Please advise me.

Thank you!

Just send what you have.

 

[Mali534]

Sorry, only to confirm- a DV AOS sponsor needs to submit form i-134, along with their last 3 years tax transcripts, pay stubs, W-2, and their driver's license?

 

[Guma77]

Sorry, only to confirm- a DV AOS sponsor needs to submit form i-134, along with their last 3 years tax transcripts, pay stubs, W-2, and their driver's license?

To my understanding, DV does not strictly requires an I-134.
Also, there is no strict requirement about how many W-2 or Tax Returns to submit.

However, it helps, and it is in your best interest to submit substantial proof of self sufficiency, so to show that you won't likely become a public charge in the future.

As far as it goes for my case, I am not submitting an I-134, but I am including the past 3 years W-2s, IRS Tax Transcripts, a Bank official Statement, plus the Employment Contract signed.

@Sm1smom , a couple of questions about the tax returns:
1) Is there a preference, from USCIS between a Tax Transcript over the actual 1040?
2) I recently downloaded the Tax Transcripts, but I see my name, surname and address are all cutoff after 4 letters. On the IRS account instead, are all fully visible. Is that a normal thing? (I just recently got familiar with the format of the transcripts).

 

[Sm1smom]

Sorry, only to confirm- a DV AOS sponsor needs to submit form i-134, along with their last 3 years tax transcripts, pay stubs, W-2, and their driver's license?

For the I-134, sponsor’s most recent W-2, most recent paystubs over the past 3 months, and a government issued ID are good enough. If your sponsor wants to throw in their tax transcripts in addition, that’s fine.

 

[Dunya]

Hello dear forum users, I need a recommendation, my husband is a DV22 selectee, and I am derivative, currently with him in US on tourist visa.
We want to do two AOS separately because I need to leave US for some time. Can you help us choose between scenarios (or maybe there is something better):
1) My husband files for AOS first , then I return to US (in few months) and try to do AOS too (I will declare AOS intent at the entry). Can my actions cause denial of my husband GC in this case? Maybe there is a chance that we can still go to interview together?
2) My husband waits for me and we file together.
3) My husband files first and then I do Follow to join. Not sure how many months will take to do follow to join process, but probably more than 3 months.
We would like at least his visa issued, so that later we get reunited in 2-3 years, I hope we don't have to live separately so long?
Thank you for any advices

 

[Sm1smom]

To my understanding, DV does not strictly requires an I-134.
Also, there is no strict requirement about how many W-2 or Tax Returns to submit.

However, it helps, and it is in your best interest to submit substantial proof of self sufficiency, so to show that you won't likely become a public charge in the future.

As far as it goes for my case, I am not submitting an I-134, but I am including the past 3 years W-2s, IRS Tax Transcripts, a Bank official Statement, plus the Employment Contract signed.

@Sm1smom , a couple of questions about the tax returns:
1) Is there a preference, from USCIS between a Tax Transcript over the actual 1040?
2) I recently downloaded the Tax Transcripts, but I see my name, surname and address are all cutoff after 4 letters. On the IRS account instead, are all fully visible. Is that a normal thing? (I just recently got familiar with the format of the transcripts).

1. Preference is for the IRS tax transcript.
2. I don’t know.

 

[Sm1smom]

Hello dear forum users, I need a recommendation, my husband is a DV22 selectee, and I am derivative, currently with him in US on tourist visa.
We want to do two AOS separately because I need to leave US for some time. Can you help us choose between scenarios (or maybe there is something better):
1) My husband files for AOS first , then I return to US (in few months) and try to do AOS too (I will declare AOS intent at the entry). Can my actions cause denial of my husband GC in this case? Maybe there is a chance that we can still go to interview together?
2) My husband waits for me and we file together.
3) My husband files first and then I do Follow to join. Not sure how many months will take to do follow to join process, but probably more than 3 months.
We would like at least his visa issued, so that later we get reunited in 2-3 years, I hope we don't have to live separately so long?
Thank you for any advices

You should not be planning on entering the US with the mindset of filing AOS, that is considered a fraudulent use of the NIV. If you are already in the US and your CN is already current, you can go ahead and file for AOS in that case as the argument could be made you had a change of mind after being admitted. Right, the plan to leave and return to file for AOS does not meet the purpose AOS filing is intended for. Once you leave the US, you should plan on doing FTJ in that case via CP after your husband completes his AOS.

 

[Dunya]

Thank you @Sm1smom . We are already in US, what I am worried about it is that we need to separate for so long, maybe I could try to enter again and say that I want to do AOS and see my husband, because I was reading recommendation spreadsheet where people said it and they were let inside the country or could my actions cause problems also for my husband in this case? I am just afraid consulate will be very slow if at all responsive this year. If he gets his green card in July or August, I have only two months left, is it enough time?

 

[Sm1smom]

Thank you @Sm1smom . We are already in US, what I am worried about it is that we need to separate for so long, maybe I could try to enter again and say that I want to do AOS and see my husband, because I was reading recommendation spreadsheet where people said it and they were let inside the country or could my actions cause problems also for my husband in this case? I am just afraid consulate will be very slow if at all responsive this year

Where did you see or read about anyone who actually declared their intention of filing for AOS at the POE and was subsequently admitted into the country? Are you sure you read that on the spreadsheet from this forum? You most definitely will be turned back at the POE with such a declaration, that much I can tell you.

 

[Dunya]

Thank you @Sm1smom , probably I misunderstood something. thank you for your explanation , I will probably try to contact my consulate once my husband gets visa and beg them to give me interview. I looked at unique situations, and there are people who got interview at consulate 1 month after their spouse did AOS if I understood correctly

 

[Sm1smom]

Thank you @Sm1smom , probably I misunderstood something. thank you for your explanation , I will probably try to contact my consulate once my husband gets visa and beg them to give me interview. I looked at unique situations, and there are people who got interview at consulate 1 month after their spouse did AOS if I understood correctly

Yes that is correct. What is your husband’s current status and his is CN current?