Blackeagles
New Member
I live in the US, applied for AOS and my CN is 2022EU2xxx
DV 2022 AOS (Adjustment of Status) Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
“An applicant is barred from adjustment of status if the applicant is in an unlawful immigration status on the date of filing the adjustment application” An applicant is eligible to file for AOS if at the time of filing the person is still in a legal status and there’s a visa immediately available to them (as in their CN is listed as current when file).
USCIS Manual
There’s no requirement to remain in a valid status up until the interview. The only time failing out of status may become a problem is if the AOS package is rejected for some other reason by the Chicago Lockbox or denied by the FO also for some other reason, you’ll have no fall back status and will not be able to re-file, you will also be deemed to have accrued an illegal presence from when you initial authorized presence expired.
Sm1smom
Super Moderator
Filing category is Diversity visa.
wuffer_duffer
New Member
Hello everyone, I have one confusion while filling out the I485 form on Part 2 (5a-9). I am the principal applicant and no one is applying with me as a derivative applicant. So which one (Left or Right) is a better way to fill out these sections?
Thank you in advance.
Thank you in advance.
Sm1smom
Super Moderator
You should be able to figure this out without second guessing yourself. Honestly! The instructions says “If you are a derivative applicant … provide the following information for the principal applicant”.
SusieQQQ
Well-Known Member
Please read the AOS spreadsheet.
short version: Your status only neede to be valid when accepted by the lockbox
potential problems for you : (1) as mom mentioned, potential rejection of the package by lockbox that leaves you with no status - you will not be able to refile if that happens as you will have no status at that point (2) you will not be able to work or travel out the US until you either receive a green card or EAD/AP (if you don’t know what those are, read the AOS spreadsheet). Note that just because your number is current in November (if it is), does not mean you will necessarily get a green card in November. It could be many months after that before you get one. Any working will be a violation of status and you will not be able to adjust. So you have already presumably been here nearly 6 months without working, you need to be prepared to spend more months like that, possibly many more. You may get lucky with an earlier GC, but you very well may not.
wuffer_duffer
New Member
Yeah right. I might be just overthinking. Thank you.
leolandivar
Member
Just read this thread and putting my 2 cents... Was your actual VISA given for 6 months? Or is it the time you are allowed to stay in the country as a tourist (which I believe is 6 months).
If your case is the first one, wouldn't a solution be for you to leave the country for a few weeks and come back as a tourist again? This would extend your 6 month stay since you will have a new "start date"? This of course if you have not submitted the DS-260.
Just trying to help the community with an additional opinion
SusieQQQ
Well-Known Member
You think CBP would not be incredibly suspicious about immigrant intent by someone who stayed for 6 months as a tourist, left for a few weeks and tried to come back again? A B visa is for tourist purposes. The poster entered originally before DV selection, that is genuine change of intent after they entered. DS260 or not, they can be (and probably would be in this instance) refused entry under 214b trying to do what you suggest.
Sm1smom
Super Moderator
Entering the US on a tourist visa with a preconceived intent of filing AOS is considered a fraudulent attempt at obtaining an immigration benefit. Encouraging people to do that is a violation of the TOS of this forum.
Sm1smom
Super Moderator
Every year, we often get questions on how to fill out the I-485. The form is really easy and simple to fill out, USCIS is not trying to use it as a “gotcha” for denying AOS applications. You guys just need to carefully read the questions (plus instructions) and truthfully answer as applicable to you.
For those still struggling to fill out this form on their own, here’s a sample Single Applicant’s pre-filled I-1485 for Mary Jane Smith. Please note, in this scenario, Mary is a student with no derivative. She has received some form of public assistance in the past, she has also been cited/pled guilty to some traffic offense. All of these have been disclosed on the form. What is applicable to Mary may not be applicable to you, this form is intended to be a guide on how you can fill out the I-485 (some sections were hand-printed by the way). Fill out your own form as applicable to your specific situation.
Additional Samples
Sample 2: Pre-filled I-485:
Michelle Jill - Main Applicant With Derivatives
OR
Sample 3: Pre-filled I-485:
Arya Stark - Main Applicant With Derivatives
For those still struggling to fill out this form on their own, here’s a sample Single Applicant’s pre-filled I-1485 for Mary Jane Smith. Please note, in this scenario, Mary is a student with no derivative. She has received some form of public assistance in the past, she has also been cited/pled guilty to some traffic offense. All of these have been disclosed on the form. What is applicable to Mary may not be applicable to you, this form is intended to be a guide on how you can fill out the I-485 (some sections were hand-printed by the way). Fill out your own form as applicable to your specific situation.
Additional Samples
Sample 2: Pre-filled I-485:
Michelle Jill - Main Applicant With Derivatives
OR
Sample 3: Pre-filled I-485:
Arya Stark - Main Applicant With Derivatives
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Blackeagles
New Member
Thank you!
leolandivar
Member
Hello everyone one question,
In the DS-260 form I wrote my US address and that I would like to receive my mails on that same address. However, since I am usually out of town because of work, I think it would be a better idea for me to receive my USCIS docs in my cousin's house so he can notify me.
1) Would this cause any trouble consistency wise since my US Mailing Address will be different between my DS-260 and I-485? Or would this be unimportant since DS 260 section is not relevant for AOS.
Thank you!
Leo
In the DS-260 form I wrote my US address and that I would like to receive my mails on that same address. However, since I am usually out of town because of work, I think it would be a better idea for me to receive my USCIS docs in my cousin's house so he can notify me.
1) Would this cause any trouble consistency wise since my US Mailing Address will be different between my DS-260 and I-485? Or would this be unimportant since DS 260 section is not relevant for AOS.
Thank you!
Leo
coffeemonster
Well-Known Member
The address you put on the I-485 is what matters. Just think carefully and make sure that you use an address that you will have access to until at least September 30th 2022. You really don't want to change addresses in the middle of the AoS process if you can possibly avoid it.
Hi everyone. This is my first message here, and I wanted to thank Simon, Mom, Susie, and others who help us not to blow this golden ticket.
My wife is the winner of DV-22 with CN EU700, and she's a college student (F-1) here with me as a derivative (F-2). We paid our fee with KCC and received back the same sheet of paper stamped with PAID, which I assume is now proof of payment. 3 weeks later we received the document containing 58 pages (56 were blank) and my guess it is 2NL. As we proceed with our application, I have some questions.
1. 1NL is the confirmation page from DV LOTTERY website, or there should've been another document from KCC? We didn't receive anything from them.
2. We didn't fill DS260, and as we got 2NL and KCC is aware that we decided to go with AOS, should we skip this step, or is it still better to fill it?
3. Now to the interesting stuff. In Russia, where we are from, patronymics are widely used in official papers, but they never put them into the travel documents in English. Our US visas have our names with patronymics (I guess they just transliterated them from Russian "Name in native alphabet" section), but other documents don't (driver's license, i-94, i20, etc). We didn't use patronymics in our DV Lottery applications. Should we include them in the Other Names Used section just in case? To make things more complicated - my wife's different US visas (B1 and F1) have the different spellings of patronymic.
4. I have an expired passport with F-2 visa and current passport that contains a latest admission stamp from the CBP. Should I include both with my application?
Thank you in advance for all the information.
My wife is the winner of DV-22 with CN EU700, and she's a college student (F-1) here with me as a derivative (F-2). We paid our fee with KCC and received back the same sheet of paper stamped with PAID, which I assume is now proof of payment. 3 weeks later we received the document containing 58 pages (56 were blank) and my guess it is 2NL. As we proceed with our application, I have some questions.
1. 1NL is the confirmation page from DV LOTTERY website, or there should've been another document from KCC? We didn't receive anything from them.
2. We didn't fill DS260, and as we got 2NL and KCC is aware that we decided to go with AOS, should we skip this step, or is it still better to fill it?
3. Now to the interesting stuff. In Russia, where we are from, patronymics are widely used in official papers, but they never put them into the travel documents in English. Our US visas have our names with patronymics (I guess they just transliterated them from Russian "Name in native alphabet" section), but other documents don't (driver's license, i-94, i20, etc). We didn't use patronymics in our DV Lottery applications. Should we include them in the Other Names Used section just in case? To make things more complicated - my wife's different US visas (B1 and F1) have the different spellings of patronymic.
4. I have an expired passport with F-2 visa and current passport that contains a latest admission stamp from the CBP. Should I include both with my application?
Thank you in advance for all the information.
Sm1smom
Super Moderator
1. See “Abbreviations” of the AOS process spreadsheet
2. See “FAQ” tab of the AOS process spreadsheet.
3. List Patronymics (including different spelling variations you’ve used in the past) in the Other Names field.
4. Yes.
Thanks, Mom!
Two more questions.
1. My wife doesn't have any IRS transcripts, as international students, we're exempt from taxes and she submitted the exemption form in the past. Should we include it with our financial documents?
2. She, however, has an SSN number, as pre-pandemic, she applied for a campus job, and started the process, which got interrupted by the lockdown and she never got that job. Should we include all the documents as well (letter from DSO, receipt from SSA)?
Sm1smom
Super Moderator
1. No, don't submit the 8843 form in place of the tax transcript. Those two forms serve different purpose.
2. No. The DSO letter, SSA receipt, etc. are irrelevant to the AOS process.
DV_Winner_Husband
Member
We're filling our i-485 and there are things we are confused about and googling doesn't help.
1. we are from Russia. In our birth certificates our country of birth is RSFSR. What should we write in the fields about ours and our parents' birth country? Russia, USSR or RSFSR?
2. my wife's father's city of birth was renamed several years ago. What should we write? New name or the old one?
3. in the last 5 years we lived at more than 3 addresses. We wrote them all in Part 14 using "Page Number 5", "Part Number 3". What should we use as "Item Number"? Can we leave it blank?
My wife had a car accident here in the US. It was without injuries, but both cars were totaled. She paid a bond and on the court date the bond was forfeited (her attendance was unnecessary in this case). She got a certified copy of the court records.
5. does she also need a certified copy of police records or court records is enough?
6. On question "25. Have you ever been arrested, cited, or charged.... ?" she answered "YES" and briefly described it in Part 14. On question "26. Have you ever committed a crime of any kind...?" she answered "NO", because the citation is not a crime. And on question "27. Have you ever plead guilty or been convicted of a crime or offence...?" she also answered "NO", because googling told us that the bond forfeiture is not a conviction. Did she answered correctly?
Thank you very much for the help!
1. we are from Russia. In our birth certificates our country of birth is RSFSR. What should we write in the fields about ours and our parents' birth country? Russia, USSR or RSFSR?
2. my wife's father's city of birth was renamed several years ago. What should we write? New name or the old one?
3. in the last 5 years we lived at more than 3 addresses. We wrote them all in Part 14 using "Page Number 5", "Part Number 3". What should we use as "Item Number"? Can we leave it blank?
My wife had a car accident here in the US. It was without injuries, but both cars were totaled. She paid a bond and on the court date the bond was forfeited (her attendance was unnecessary in this case). She got a certified copy of the court records.
5. does she also need a certified copy of police records or court records is enough?
6. On question "25. Have you ever been arrested, cited, or charged.... ?" she answered "YES" and briefly described it in Part 14. On question "26. Have you ever committed a crime of any kind...?" she answered "NO", because the citation is not a crime. And on question "27. Have you ever plead guilty or been convicted of a crime or offence...?" she also answered "NO", because googling told us that the bond forfeiture is not a conviction. Did she answered correctly?
Thank you very much for the help!
Sm1smom
Super Moderator
1. I’m guessing you guys must have listed “Russia” as birth country on the e-DV registration you submitted back in 2020 because that was the only option available to you and the instruction under the “Country where you were born” section did say “Use the name of the country currently used for the place where you were born”, right? So same will apply to the I-485.
2. Same logic as one above.
3. Leave it blank.
4. Err on the side of caution, be over prepared, don’t plan on providing the minimum. I said all of this to say “get the police report in addition to the court disposition records”.
5. Didn’t you previously state you guys paid a fine for this incident? Well, agreeing to pay a fine is an admission of guilty IMO (I could be wrong). Which means question 27 be a YES in this case. Anyway, that is how I would answer if this were my case, I will rather be upfront. Admitting to pleading guilty is not a show spoiler in this case, it is not a crime of moral turpitude.