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DV 2022 AOS (Adjustment of Status) Only

sk_silva

Member
Hi everyone!

I am on an F1 student visa and came to California for studies in 2019 august. I filed the 2019 and 2020 state tax returns as a non-resident. But today I got a mail from the state controller with a stimulus check named Golden State Stimulus II amounting to $600.

I checked the franchise tax board website and it says to be eligible for this you have to be a California resident for more than half a year in 2020. So my guess is I do not qualify for the payment since I am still a non-resident alien for tax purposes and I filled both the state and federal tax returns as a non-resident for the whole year 2020.

Would receiving this stimulus may impact my AOS application?

Would like to get an opinion from anyone who had a similar situation.
 

DV_AOS

New Member
Hi everyone!

I am on an F1 student visa and came to California for studies in 2019 august. I filed the 2019 and 2020 state tax returns as a non-resident. But today I got a mail from the state controller with a stimulus check named Golden State Stimulus II amounting to $600.

I checked the franchise tax board website and it says to be eligible for this you have to be a California resident for more than half a year in 2020. So my guess is I do not qualify for the payment since I am still a non-resident alien for tax purposes and I filled both the state and federal tax returns as a non-resident for the whole year 2020.

Would receiving this stimulus may impact my AOS application?

Would like to get an opinion from anyone who had a similar situation.
I would suggest you to check your State tax return again. Usually you are non resident alien for federal tax (fill 1040NR) but nonresident tax filling for state is something different, technically you are a resident for state. So, may be that's why you received this.
 

sk_silva

Member
I would suggest you to check your State tax return again. Usually you are non resident alien for federal tax (fill 1040NR) but nonresident tax filling for state is something different, technically you are a resident for state. So, may be that's why you received this.
Thanks for your reply. Earlier I thought so as well.

but in California the residency is determined by,

You’re a resident if either applies:

  • Present in California for other than a temporary or transitory purpose
  • Domiciled in California, but outside California for a temporary or transitory purpose

As far as I am aware F1 visa is considered a temporary/transient visa. usually, it takes 5 years to be considered as a resident for federal tax purposes under the F1 visa category. but for CA state taxes there is no defined time. So I guess I'm better off contacting the CA franchise tax board.
 

DV_AOS

New Member
Thanks for your reply. Earlier I thought so as well.

but in California the residency is determined by,

You’re a resident if either applies:

  • Present in California for other than a temporary or transitory purpose
  • Domiciled in California, but outside California for a temporary or transitory purpose

As far as I am aware F1 visa is considered a temporary/transient visa. usually, it takes 5 years to be considered as a resident for federal tax purposes under the F1 visa category. but for CA state taxes there is no defined time. So I guess I'm better off contacting the CA franchise tax board.
Yes you are correct, for the federal tax, it takes 5 years to be considered as a resident alien.
But usually for the State, 1. Resident: who lives and work in the state for the whole year (some states: majority of days)
2. Non-resident: who temporary lives in the state or has established a residency in another state and work in the current state.

So, that's why I believed you were resident from the beginning but yeah, you can verify this by contacting
 

sk_silva

Member
Yes you are correct, for the federal tax, it takes 5 years to be considered as a resident alien.
But usually for the State, 1. Resident: who lives and work in the state for the whole year (some states: majority of days)
2. Non-resident: who temporary lives in the state or has established a residency in another state and work in the current state.

So, that's why I believed you were resident from the beginning but yeah, you can verify this by contacting
thank you very much for sharing your opinion.

I'll ask them to verify the status. I think that's better rather than having doubts.
 

hailey.

New Member
hello everyone

I was hoping someone could help me with a couple of things I bumped into whilst gathering my documents

1) can anyone elaborate on how the medical exam works? What kind of medical history do you need to provide? Or is it just about proving vaccines?

2) a couple of years ago I came to the US with a F1 visa. I have those documents included in my package, but do I also need to include tourist 'visa' documents (ESTA) from past leisure trips to the USA? or is this not necessary?

3) some of the documents from my F1 visa (the one I mentioned above) are missing some signatures. this was never a problem in the past, but I just read on the USCIS website, that all submitted documents need a signature. should I sign those documents now or leave them as they are? I don't want to raise suspicion, but also don't want to send incomplete documents.

4) how do I send send proof of finances from the bank of my home country? should I translate these documents as well? as it is mostly number and not actual text? My bank only provides documents in the official languages of our country.

thank you!
 

BluePrint

New Member
Hello all. I have a question to those who already received their acceptance text or email after submitting their documents to USCIS Chicago office. When you check the status of your case, is it National Benefit Center who works on your case or somewhere else?
 

DV_AOS

New Member
hello everyone

I was hoping someone could help me with a couple of things I bumped into whilst gathering my documents

1) can anyone elaborate on how the medical exam works? What kind of medical history do you need to provide? Or is it just about proving vaccines?

2) a couple of years ago I came to the US with a F1 visa. I have those documents included in my package, but do I also need to include tourist 'visa' documents (ESTA) from past leisure trips to the USA? or is this not necessary?

3) some of the documents from my F1 visa (the one I mentioned above) are missing some signatures. this was never a problem in the past, but I just read on the USCIS website, that all submitted documents need a signature. should I sign those documents now or leave them as they are? I don't want to raise suspicion, but also don't want to send incomplete documents.

4) how do I send send proof of finances from the bank of my home country? should I translate these documents as well? as it is mostly number and not actual text? My bank only provides documents in the official languages of our country.

thank you!
1. In short, you need to make an appointment with a civil surgeon (my.uscis.gov/findadoctor). Bring any vaccination documents you have, may be you already have some documentation that you provided for your current school to establish immunization records (MMR, tdap, etc). Then the civil surgeon will tell you what vaccination are missing, and you need to get them (find out what you missing in advance and get them before you visit CS, that way you can save some money, your school healthcenter may have them for free or for a small fee). Then CS will do a physical examination and some blood/urine work. So even if you have all the vaccination record, you may need to visit CS at lease 2 times (some may mail the package).
2.Yes
3. All I-20 must me signed, if they not you can signed them now.
4.If anything is not in English you need translation
 

londonbritain

New Member
Hello all. I have a question to those who already received their acceptance text or email after submitting their documents to USCIS Chicago office. When you check the status of your case, is it National Benefit Center who works on your case or somewhere else?
Hey. Yes, for me it was NBC
 

lambodreamer

New Member
Okay, guys! Just got approved and the status already changed to 'New Card is being Produced'.

Interview experience:
Walked in after security check, checked in, and took an oath. The officer verified the name, DOB, address and asked yes/no questions. Then, he looked at the documents in the file again and again(6 or 7 times) as if he was looking for something. He was just typing something on his computer most of the time. Then, he said everything looks good and you will receive your GC in a couple of weeks in the mail.

This forum has been amazing, and thank you to all the mentors and fellow winners. Good luck to you all.
 

Sm1smom

Super Moderator
Okay, guys! Just got approved and the status already changed to 'New Card is being Produced'.

Interview experience:
Walked in after security check, checked in, and took an oath. The officer verified the name, DOB, address and asked yes/no questions. Then, he looked at the documents in the file again and again(6 or 7 times) as if he was looking for something. He was just typing something on his computer most of the time. Then, he said everything looks good and you will receive your GC in a couple of weeks in the mail.

This forum has been amazing, and thank you to all the mentors and fellow winners. Good luck to you all.
Cool. Congratulations!
 

Sm1smom

Super Moderator
Hello all. I have a question to those who already received their acceptance text or email after submitting their documents to USCIS Chicago office. When you check the status of your case, is it National Benefit Center who works on your case or somewhere else?
All cases gets sent from the Lockbox to the NBC from where they eventually get sent to the applicable FO. You can take a look at the NBC_Lockbox_FO tab of the AOS process spreadsheet for more on this.
 
My case number is OC14XX. I'm currently on a H1B in the U.S. Given the slow rate of case progression this year, I'm assuming that if my case is lucky enough to go current, it won't occur until very late. My worry is that I won't get an indication that my case will go current until late in the process, and then I won't have enough time to get everything done.

Assuming my case number goes current towards the end of 2022 processing, when is the latest that I could start the process? i.e. when should I submit the Admin fee to ensure I leave enough time to get interviewed?


Thanks in advance!
 

Audi5000

New Member
Hi Mom,

I am a winner DV22 from Ukraine. I'm currently in the US on a b2 visa. Due to the threat of hostilities in my homecountry, can I apply for an AOS here? And in the event of a war, do I need to wait 90 days before submitting 485 form? My cn is current already.

Thank you!
 

Sm1smom

Super Moderator
My case number is OC14XX. I'm currently on a H1B in the U.S. Given the slow rate of case progression this year, I'm assuming that if my case is lucky enough to go current, it won't occur until very late. My worry is that I won't get an indication that my case will go current until late in the process, and then I won't have enough time to get everything done.

Assuming my case number goes current towards the end of 2022 processing, when is the latest that I could start the process? i.e. when should I submit the Admin fee to ensure I leave enough time to get interviewed?


Thanks in advance!
No one can tell you when is the latest time to make the DV administrative fee payment because (1) it is possible to submit the AOS package while the DV administrative fee receipt is yet to be received and (2) payment receipt time varies - take a look at the timeline spreadsheet to get an idea of how long on average it’s been taking to get the payment receipt.

Therefore, this is a decision you need to make on your own considering the CN may subsequently end up not becoming current even if it looked like it could become current as at when you decided to go ahead and make the payment.
 

adam69

Member
One more thing, I tried to edit my address ( we moved recently ) in the DS 260. It seems not possible to edit the application. Is this okay?
 

londonbritain

New Member
Hello everyone :
Does the original passport is needed in any stage of the process, or copy is enough?
Yes, you need the original passport and original of all other documents as well because IO may ask to take a look at this during your interview. Plus when you'll go to your bio appointment, they can use it as your identification document.
One more thing, I tried to edit my address ( we moved recently ) in the DS 260. It seems not possible to edit the application. Is this okay?
I don't think so. The most important information is what you will write in your I-485

P.S. you couldn't edit your DS260 because it is automatically block after you submitted it. To edit DS260 you have to ask KCC to unlock it but IMO it is unnecessary because the most important is I-485.
 

londonbritain

New Member
Hi Mom,

I am a winner DV22 from Ukraine. I'm currently in the US on a b2 visa. Due to the threat of hostilities in my homecountry, can I apply for an AOS here? And in the event of a war, do I need to wait 90 days before submitting 485 form? My cn is current already.

Thank you!
Not Mom but I've read that last year there were people who applied on B1/B1 status and received their GK. If you came to US just recently it may look suspicious for IO and seems like you came here with idea to apply for AOS which is prohibited. But it is up to you if you want to try, I believe you can.

I can't make any comments about war and 90 days because not familiar with this, sorry
 

Sm1smom

Super Moderator
Hi Mom,

I am a winner DV22 from Ukraine. I'm currently in the US on a b2 visa. Due to the threat of hostilities in my homecountry, can I apply for an AOS here? And in the event of a war, do I need to wait 90 days before submitting 485 form? My cn is current already.

Thank you!
Yes you can, if the decision to process AOS was made after you came into the US due to changes in your circumstances. You should be prepared to demonstrate to the IO you did not enter the US on your visitor’s visa with the preconceived intent of filing AOS. And you can forget everything you’ve read about the so called “90 day rule” which is non binding or applicable to USCIS.
 
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