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DV 2022 AOS (Adjustment of Status) Only

Xarthisius said:
Per "How To Fill Out Form I-485" from official I-485 instruction [1], point 3:

3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed.

Please don't upset @Sm1smom. Appreciate that you're getting accurate and right answers every time. Asking her to explain "why?" for a question that's being asked multiple times in each and every AOS thread every year takes away time that she could spent on answering more pressing questions. BTW, google suggests that she answered this specific question roughly 183 times.

[1] https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf
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I believe they are not so strict about it.
This is a general instruction given on many government forms.
However, I've seen from my colleagues I-485 and other forms with fields left blank if not applicable. There was no issue for them

In my case, I'm putting N/A in the first field of each not applicable item (e.g. name of the dependent, etc).
But I am avoiding to put N/A or None as my middle name. I would avoid the risk to have "None" as middle name in the GC
 
Guma77 said:
I believe they are not so strict about it.
This is a general instruction given on many government forms.
However, I've seen from my colleagues I-485 and other forms with fields left blank if not applicable. There was no issue for them

In my case, I'm putting N/A in the first field of each not applicable item (e.g. name of the dependent, etc).
But I am avoiding to put N/A or None as my middle name. I would avoid the risk to have "None" as middle name in the GC
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I filled the whole form out with pen, I just wrote N/A in every blank space, i guess everyone is doing it differently- we will see!
 
Guma77 said:
I believe they are not so strict about it.
This is a general instruction given on many government forms.
However, I've seen from my colleagues I-485 and other forms with fields left blank if not applicable. There was no issue for them
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The fact that most IOs use their discretion not to outright reject someone's I-485 even if it's incomplete, has nothing to do with following clearly written instruction how to fill out the form. Relying on someone's leniency when you can just do the right thing is beyond my comprehension.

Should you lose your sleep if you already sent your form and didn't put N/A or None where applicable? Probably not. However, if you're in the process of filling it out, why would you try to ignore the instruction? Why do we even discuss this?
 
sk_silva said:
Hi Everyone,

I got my green card today. Thank you everyone for the support and specially @Sm1smom @SusieQQQ and @Blade_ for taking their time to answer every question we get through this journey. I wish the rest of you good luck with your cases!

I have already updated the timeline and put my interview experience so I hope others would benefit from it.

Thank you!
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Awesome! Congratulations :)
 
Sm1smom said:
That is one less issue to contend with in that case as in the AOS case file remains with the same FO in this case. You may decide to not initiate a change of address in that case if you feel the new tenants are reliable and trustworthy. The other potential risk with not doing a change of address with USCIS is the possibility of UPS returning the mail as undeliverable if they figure out you no longer reside at the old address.

In general, USCIS requires a non-immigrant informs them within 10 days of moving from one address to a new one. They do recommend doing so especially when one has a pending case with them to ensure proper delivery of correspondence. We’ve however heard of cases where USCIS ended sending such correspondence to an applicant’s old address after they had already been provided with the new address. So yeah, it is a conundrum in terms of what to do.
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Sm1smom said:
Moving from the address used in filing for AOS to a new address which falls under the jurisdiction of another FO (after AOS application submission) will require the AOS application to be transferred from the initial FO with jurisdiction over the old address to another FO with jurisdiction over the new address.

No one can guesstimate what the timeline you’ll be facing in this scenario could potentially be. A lot will depend on the workload of the two FOs concerned such as when the first FO becomes aware they no longer have jurisdiction over the case, how soon they proceed with transferring the case file to the new FO with jurisdiction over the case, how busy the new FO is, their policy on how DV based AOS cases gets adjudicated, etc. Also, interview letter could still get sent to the old address (and subsequently gets lost) even after updating and providing USCIS with the new address.
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Thank you, can I give my friend's address in the I-485 form when I'm sending my package? She will not move.
 
Hesty said:
Thank you, can I give my friend's address in the I-485 form when I'm sending my package? She will not move.
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Yeah, I suppose you could list your friend’s address as your mailing address in Part 1 Section 12. You’ll need to list your friend’s name in 12a “Care of name” though since it is your friend’s address. You must then list your own physical address in Part 3 under the Address History section.
 
Hi! I am in the process of submitting my AOS package (EU21xxx) and I have a question. I am in USA as a visa E2 employed by a foreing company with investments and legal company established here. I am not the owner of the company, neither doing investments by myself, only working as an employee here. Do I have to submit with the package form I508?

Thank you in advance!
 
ervaro said:
Hi! I am in the process of submitting my AOS package (EU21xxx) and I have a question. I am in USA as a visa E2 employed by a foreing company with investments and legal company established here. I am not the owner of the company, neither doing investments by myself, only working as an employee here. Do I have to submit with the package form I508?

Thank you in advance!
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AFAIK, the Australian E3 speciality occupation worker is the only E visa exempt from submitting an I508 with their AOS package. It is the only E status that has no special rights, priviledge, immunities or exemptions to waive that I know of in that category.
 
Sm1smom said:
AFAIK, the Australian E3 speciality occupation worker is the only E visa exempt from submitting an I508 with their AOS package. It is the only E status that has no special rights, priviledge, immunities or exemptions to waive that I know of in that category.
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Thank you very much!
 
Is it okay if a person can't find their I-797 notices for an OPT? Already have scans of front and back of EAD card, and the I-20 with OPT endorsement.
 
Xarthisius said:
The fact that most IOs use their discretion not to outright reject someone's I-485 even if it's incomplete, has nothing to do with following clearly written instruction how to fill out the form. Relying on someone's leniency when you can just do the right thing is beyond my comprehension.

Should you lose your sleep if you already sent your form and didn't put N/A or None where applicable? Probably not. However, if you're in the process of filling it out, why would you try to ignore the instruction? Why do we even discuss this?
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It is not trying to ignore instructions.
Writing N/A (as per instructions) is prevented by the form itself, in some of the fields. So, perhaps N/A was not meant to be an option for those specific places, if they implemented that way.
I would rather leave it blank than tampering with the form.
Also, for the names, I would avoid "None" as it could be mistakenly taken as a legit name for people or places (and create further problems down the road).

Point being to use some judgement, prior attempting to put N/A where prevented by the form.
 
sk_silva said:
Hi Everyone,

I got my green card today. Thank you everyone for the support and specially @Sm1smom @SusieQQQ and @Blade_ for taking their time to answer every question we get through this journey. I wish the rest of you good luck with your cases!

I have already updated the timeline and put my interview experience so I hope others would benefit from it.

Thank you!
Click to expand...
Congratulations! Enjoy your new life!
 
Good Morning, I was selected DV Lotto no. 11,xxx
I might need a little bit your help, I need your advise about my F1 visa and Visa Lotto 2022.

My name is Far, I used to worked as Au Pair before and decided to change status here for applying school in the US. My time processing timeline is

•Done with Au Pair program on 16th Feb 2020

•Applied B2 (first time) around 29 Jan 2020 (6 months extended but case was pending)

•Applied F1 and B2 (second time) around 4th August 2020 (case was pending)

•Meanwhile I was selected the winner DV visa lotto 2022 (Announced on Sep 16th 2021, my case no.11,xxx)

• I decided to not applied B2 3rd time because of new law about F1

•I did adjust status and sent document to Chicago Lockbox on 29th Mar and they received my documents on 30th Mar

•On 7th April I received an email updated to requested more document about F1 which is I already submit once I applied F1 at first (Please see files as attached)

My concern is they asking for more Support sponsor because first time I did sponsor myself for my bank statement and if this time I need to have sponsor what should it be my parents back in Thailand or should I ask my host family to be my sponsor and for the period of time this is gonna be effect to DV Visa Lotto

Kindly see files as attached.
 

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Guma77 said:
It is not trying to ignore instructions.
Writing N/A (as per instructions) is prevented by the form itself, in some of the fields. So, perhaps N/A was not meant to be an option for those specific places, if they implemented that way.
I would rather leave it blank than tampering with the form.
Also, for the names, I would avoid "None" as it could be mistakenly taken as a legit name for people or places (and create further problems down the road).

Point being to use some judgement, prior attempting to put N/A where prevented by the form.
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It's a paper form that you're supposed to print out and fill out, not something you e-file. There's no javascript when you're using a black ink pen... They wanted to make it easier and allow you to prefill some fields on a computer. They implemented it badly. Not the first and not the last time.
 
Natnicha1994 said:
Good Morning, I was selected DV Lotto no. 11,xxx
I might need a little bit your help, I need your advise about my F1 visa and Visa Lotto 2022.

My name is Far, I used to worked as Au Pair before and decided to change status here for applying school in the US. My time processing timeline is

•Done with Au Pair program on 16th Feb 2020

•Applied B2 (first time) around 29 Jan 2020 (6 months extended but case was pending)

•Applied F1 and B2 (second time) around 4th August 2020 (case was pending)

•Meanwhile I was selected the winner DV visa lotto 2022 (Announced on Sep 16th 2021, my case no.11,xxx)

• I decided to not applied B2 3rd time because of new law about F1

•I did adjust status and sent document to Chicago Lockbox on 29th Mar and they received my documents on 30th Mar

•On 7th April I received an email updated to requested more document about F1 which is I already submit once I applied F1 at first (Please see files as attached)

My concern is they asking for more Support sponsor because first time I did sponsor myself for my bank statement and if this time I need to have sponsor what should it be my parents back in Thailand or should I ask my host family to be my sponsor and for the period of time this is gonna be effect to DV Visa Lotto

Kindly see files as attached.
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Oh wow! You filed series of COS applications one after the other while each previous one was still pending, then you subsequently filed for AOS. You actually had no status to adjust from as at when you filed for AOS on Mar. 29th 2022 and therefore where to eligible to file for AOS then - a pending application does not make one eligible to file for AOS while their current status has expired and they’re waiting for an approval of the EOS or COS. Your saving grace may be if the F1 application which you’ve now received a RFE for gets approved.

I typically do not comment or guide on anything outside of DV based process in this forum, but I will make an exception in this case. You’ve made the same mistake a lot of people make by erroneously believing as long as you keep filing an I-539, it is okay to remain in the US while those EOS/COS applications are pending. USCIS consider those to be frivolous filings, they can see through when applicants try to exploit the loopholes in immigration laws. I believe they’ve issued you with the RFE because they consider your filing to be a frivolous one hence the request for explanations (amongst others) as to why you’re going back to school now, why you wish to study ESL, request for an updated I-20 considering the start date on your initial one is long past, and the request for updated financial documents with explanation as to where the money in your account is coming from considering you’re not eligible to work and earn an income in the US since 2020. USCIS does not believe the financial information you provided in support of your F1 filing is adequate to see you through the program you’re applying for.

The requested financial evidence can be from your parents back in Thailand or from your hosts here in the US if they are willing to act as your sponsor. Bear in mind, the RFE requires evidence to show your sponsor can fully support your financial needs for the duration of your program.

As for the impact on your pending AOS application, like I already noted above, you had no status to adjust from when you filed for AOS. However, if you’re fortunate to get the F1 approved, your AOS application will probably get approved. I however have my doubts about the F1 being approved, even after submitting everything the RFE is asking you to provide because of your demonstrated immigrant intent. One is not supposed to have an immigrant intent while applying for a non-immigrant visa or status, the exception is if the non-immigration application is for a dual intent visa/status, of which F1 is not.
 
sk_silva said:
Hi Everyone,

I got my green card today. Thank you everyone for the support and specially @Sm1smom @SusieQQQ and @Blade_ for taking their time to answer every question we get through this journey. I wish the rest of you good luck with your cases!

I have already updated the timeline and put my interview experience so I hope others would benefit from it.

Thank you!
Click to expand...
Congratulations.
 
Hi Everyone,
I would like to ask you a few question. My wife and I are applying and waiting for DV-Lottery Green Card process. However, my wife lost the old Passport, but she received the new one already. I would like to know that we are supposed find the document to support that we really lost Passport or that is okay and acceptable to use all of Passports she owns, not including the lost Passport. I look forward to hearing from you. Thanks!
 
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