Hi all, we are from Ukraine and my husband (main applicant DV-2022) was in the US when the war started. We decided him to file for AOS in the US. He paid fee 330$ to KCC, then fee- 1340$ for I-485 form, and later send expedite request in order me and our son will have time to make a follow to join at the consulate out of the US. Today the officer from USCIS called our lawyer to say that they will expedite our case, but we need to pay 330 dollars fee for me (wife) and for the child and send money order to KCC. I don’t understand how is this possible if we are not in the USA and we don’t apply for AOS? Or may be it's connected with our future procedure "Follow to join"? Please, has anyone got such requirements? What purpose of payment should we write in the transmittal letter as it won't be adjusting of status for us? And what address should we write in the transmittal letter as we are out of the US? Isn't it a mistake to pay 330$ fee for family members out the US? Our lawyer can't explain us if its correct. We are afraid to do smth wrong.
DV 2022 AOS (Adjustment of Status) Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
Your lawyer needs to get back to the IO and inform him/her you are not supposed to send in the payment like your husband did since you are processing FTJ. You get to make the payment at the embassy when you go in for your interview as a derivative. Send the below US DOS Bureau of Consular Affairs' link (which talks about Adjustment of Status for DV selectees) to your lawyer. Your lawyer should forward it to the IO, and point out the section that says:
"Family members living overseas will pay the diversity immigrant visa fees at the U.S. Embassy or Consulate where they will receive their visa. The fee for these family members must not be paid in the United States"
Adjustment of Status in the United States
I thought the AOS fee is $1225 ($1140 form fee+$85 biometric fee). Could you or anyone please explain how it became $1340?
Thank you
JoeDan
New Member
Hey Poi, Hope you are doing good. Any update on your side I noticed we were both current Feb and processing in ATL and I have not heard back from them. I already contacted the congressional liaison but I have not heard back from them. BTW I still don't know how to update my Timeline on the spreadsheet.
Hi, I have some questions about I-485 Part 8, "Have you EVER been a member of, involved in, or in any way associated with any organization, association, fund, foundation, party, club, society, or similar group in the United States or in any other location in the world including any military service?"
- Should I include the name of the ESL (free language class) that I attended in the past?
- Should I include the name of the chorus group I used to involved in?
- Should I include the name of my internship organization? (or should I put it into the Employment History? I am not hired as an employee but as an intern, and working without payment so I assume that is not the case)
Also, should I fill ALL blanks with N/A? I can see some blanks left in the sample I-485 pdfs.
Thank you for your help!
- Should I include the name of the ESL (free language class) that I attended in the past?
- Should I include the name of the chorus group I used to involved in?
- Should I include the name of my internship organization? (or should I put it into the Employment History? I am not hired as an employee but as an intern, and working without payment so I assume that is not the case)
Also, should I fill ALL blanks with N/A? I can see some blanks left in the sample I-485 pdfs.
Thank you for your help!
Sm1smom
Super Moderator
It’s probably a typo.
Hey @JoeDan,
I am still waiting for the update from the USCIS. Glad to hear that I have a companion at ATL FO + Feb CN.
I guess the IO would probably batch our interviews closely; hopefully it would be soon. I was planning to request congressional inquiry, but I might wait a week or two more. (moderators, do you think I should wait a bit more before contacting a congressman?)
With regards to spreadsheet, sign into your google account and request access directly from the sheet. mom will then give you the access to edit.
Zion_Hope_Alive
Member
I perfectly share in your sentiments @Sm1smom. We pay the lawyers and go away probably never remembering them again, but we hold you in our hearts forever. We will always remember that @Sm1smom is everyone’s mum. Indeed she’s every DV winners mum.So why did you hire the lawyer in the first place if he has no DV experience, or if you've had to be guiding him with materials which you researched. I mean you are paying someone to guide you while using the materials I make available free of charge. So what is my % cut from this lawyer?
You're right with your observation, I've been quite brusque or curt in some of my responses to you precisely because you have a lawyer whom you are already paying. When someone processing DV based AOS decides to hire a lawyer (which is their prerogative in the first place, I don't begrudge them of that) as against just following the step by step guide available free of charge, I expect them to direct all their questions/concerns to this source which they trust more; and if this lawyer is as good as they claim to be, they should be providing a far more superior service to their clients as against the simple layman support which we provide here. And to think you actually had to send links to my materials to this lawyer
Anyway, to answer your question regarding the medical exam. Your options at this point are:
1) to either mail in the medical report, you will need to include a copy of your NOA with it and hope the Lockbox forwards the report to the rest of your AOS file which may either be at the NBC or the FO, depending on when the medical report is received. This is not an option I personally would utilize because of the possibility of the medical report being misplaced or getting lost in transit (however, a 2021 DV selectee (I think) successfully did it),
2) or wait for your FO to either send you a RFE for the medical report,
3) or wait for your FO to send your your IL in which they will request you bring it along to your interview.
Thanks for the guidance
Zion_Hope_Alive
Member
You’re scaring me !
Hello, finally my CN is available on August so, my question is, is better to file my AOS now? i read some answers say there are big chances to deny my package if i sent it earlier, but since there is no enough time, still not a good thing to file it now? also i read that on the USCIS website "Section C contains a chart showing the Diversity Immigrant category rank cut-offs for the following month, which represents the advance notification of Diversity Immigrant visa availability. As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status." so i'd really appreciate if anyone went thro that, to tell their experience.
Sm1smom
Super Moderator
Yes time is not on your side and you probably should do early filing. However before you do so, take a look at the AOS-FAQs section of the AOS process spreadsheet and make your own decision on what to do.
Hello Everyone!
My CN will become current in August. I have not yet filled DS-260 or paid DV administrative fee as I was planning to change my status from H4 to F1 and wasn't sure if my case number would go current (Nepal, AS0012***). How do I proceed further? Please help me with some specific queries:
1. I am planning to pay DV administrative fee by COB tomorrow. Is it okay if I can submit DS-260 only in couple of days. I also saw that DS-260 was optional. Is it really optional?
2. Our H1B and H4 renewal is happening right now. We do not want to disclose our DV selection to my husband's employer. In the ongoing renewal application, we have checked NO for the following questions:
a. Are you or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition EVER been filed for you or for any other person included in the application?
c. Has Form I-485, Application to Register Permanent Residence or Adjust Status, EVER been filed by you or by any other person included in this application?
Will this affect our AOS or H1B/H4 renewal?
Looking forward to your suggestions.
Thank you so much.
@Sm1smom replied:
1. DS260 submission is optional for AOS.
2. The information was correct as at the time of filing for H1/H4 renewal, so that is not a problem.
p.s. post subsequent questions on the 2022 AOS only thread as that is your applicable year, and not the 2021 thread like you did here.
My CN will become current in August. I have not yet filled DS-260 or paid DV administrative fee as I was planning to change my status from H4 to F1 and wasn't sure if my case number would go current (Nepal, AS0012***). How do I proceed further? Please help me with some specific queries:
1. I am planning to pay DV administrative fee by COB tomorrow. Is it okay if I can submit DS-260 only in couple of days. I also saw that DS-260 was optional. Is it really optional?
2. Our H1B and H4 renewal is happening right now. We do not want to disclose our DV selection to my husband's employer. In the ongoing renewal application, we have checked NO for the following questions:
a. Are you or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition EVER been filed for you or for any other person included in the application?
c. Has Form I-485, Application to Register Permanent Residence or Adjust Status, EVER been filed by you or by any other person included in this application?
Will this affect our AOS or H1B/H4 renewal?
Looking forward to your suggestions.
Thank you so much.
@Sm1smom replied:
1. DS260 submission is optional for AOS.
2. The information was correct as at the time of filing for H1/H4 renewal, so that is not a problem.
p.s. post subsequent questions on the 2022 AOS only thread as that is your applicable year, and not the 2021 thread like you did here.
Thank you so much for your response.
1. If DS 260 submission is optional, how will I get my 2nl? What might be the consequences of not submitting DS 260 other than not being able to switch from AOS to CP?
2. That makes sense. Felt such a relief.
3. I will be moving to another state in August for my graduate studies. Can I still maintain my address as current address where my husband lives?
4. What might be my further steps after sending DV administrative fee cashier's cheque?
* Fill out I-485
* Prepare documents for AOS package to be sent in August or is early filing (immediately after receiving DV fee receipt) possible in my case?
* Get medicals done
Am I thinking in the right direction?
SusieQQQ
Well-Known Member
There is a spreadsheet link in the first post of this thread that answers almost all your questions.
re 3. that sounds like a permanent home address and would be easier all round so I’d say yes keep it , obviously assuming you can get back for interview, possibly at short notice
@Sm1smom Thank you!
How do you think if my child and I enter the US with humanitarian parole (we've got Travel Authorization Document according Uniting for Ukraine program as we live in active hostilities area) - can we adjust our status in the US? Will it be the separate case or should we join my husband's AOS case? And have we chance to be issued immigrant visas before September 30? Or it's a bad idea as we have not only humanitarian reasons for coming but immigration intentions as family members of DV-winner and the only chance for us to join the family -is processing FTJ or family reunion in future (in case we'll not get FTJ visas because of lack of time)? It's very hard and not safe for us to stay alone in Ukraine. Thank you for your help
How do you think if my child and I enter the US with humanitarian parole (we've got Travel Authorization Document according Uniting for Ukraine program as we live in active hostilities area) - can we adjust our status in the US? Will it be the separate case or should we join my husband's AOS case? And have we chance to be issued immigrant visas before September 30? Or it's a bad idea as we have not only humanitarian reasons for coming but immigration intentions as family members of DV-winner and the only chance for us to join the family -is processing FTJ or family reunion in future (in case we'll not get FTJ visas because of lack of time)? It's very hard and not safe for us to stay alone in Ukraine. Thank you for your help
Hi i have a question in affidavit of support is its necessary for your sponsor to be in the same state for example if I’m staying in Ohio and my relatives staying in Iowa..and i want her to be my sponsor and i want her to be my sponsor?? Someone tells me it should be in the same state and I’m not sure!!
Sm1smom
Super Moderator
1. Previously answered. You however should take a look at the AOS-FAQs tab of the AOS Process Spreadsheet for more information.
3. List your husband's address as your mailing address, that ensures you both get interviewed together if you file for AOS after you move to the new address. You will need to list your new address under the physical address section in this case. If filing before you move, then list your current/husband's address for both mailing and physical address - the information will be correct as at the time of filing.
4. Take a look at the AOS Process Spreadsheet, the steps are listed there. This is something you really ought to have done while waiting for your CN to become current. You will also see the answers to your question re early filing on the AOS-FAQs tab of that spreadsheet.
Sm1smom
Super Moderator
Doesn't need to be in the same State.
Sm1smom
Super Moderator
Below is my standard response to anyone asking if they could enter the US on a non-immigrant, non-dual intent visa with the preconceived intent of filing for AOS:
"AOS is intended for people already residing in the US before the decision to file for AOS was made. Entering the US on a non-dual intent NIV with a preconceived intent of filing for AOS is considered a fraudulent attempt at obtaining an immigration benefit, which is frowned upon. However, if you declare this preconceived intent of filing AOS at the POE and you are subsequently admitted into the US following that declaration, filing for AOS after that will most likely not be considered a fraudulent attempt at obtaining an immigration benefit.
CAVEAT: The IO, at the time of the AOS can still ask why you decided to enter the US and process AOS even if this intent was disclosed at the POE. You will need to be prepared for this.
DISCLOSURE: We’ve had previous cases of DV selectees who entered the US on a visitor’s who subsequently successfully processed their selection via AOS without declaring their preconceived AOS intent at the POE. NOTE: Should you decide to proceed with entering the US to file for AOS, do make sure you understand the AOS process before doing so. I highly recommend you go through the AOS process spreadsheet to ensure you understand the steps involved."
If however you decide to proceed with entering the US with your humanitarian parole travel authorization and process AOS, note:
- your application will not be fast-tracked to catch up with your husband's which is already at his FO I believe. Yours will still need to go through the required process which your husband's went through before it got to the FO.
- there is the possibility of your husband's case file already being sent to your applicable embassy for the FTJ interview by the time your AOS application gets to your applicable FO which will create some additional delay in getting an AOS approval.
- your husband has a lawyer already helping him with his application, right? What does he/she recommend you do?