DV 2022 AOS (Adjustment of Status) Only

[96320026]

Which folks here do not recommend filing immediately? Can you be more specific as to the posts that gave you the impression that folks here are recommending for someone who recently entered the US to wait for 90 days before filing for AOS? I’m not sure you’ve come across the recent responses provided to selectees asking about the 90 day rule on this thread.

Which folks here do not recommend filing immediately? Can you be more specific as to the posts that gave you the impression that folks here are recommending for someone who recently entered the US to wait for 90 days before filing for AOS? I’m not sure you’ve come across the recent responses provided to selectees asking about the 90 day rule on this thread.

Sorry I’m having trouble with the spam filters so I can’t seem to directly link the post but in the 2020 thread you said “

• Your AOS petition itself may get denied if you file for AOS immediately following your return to the US from an international trip.” (Reply #818)

I may just be overthinking or misinterpreting it so apologies in advance

 

[Ckb]

Thanks! Just a follow up question - I’m on an E3 (been in the US for most of the past 2 years but went for a short trip and got back in early Jan). My number will be current in April. I know the 90 day rule only applies to consular officers, however I know folks here don’t recommend immediately filing an AOS.
Do folks think it’ll be an issue making the DV fee payment now (~2 months since last entry) and submitting in April (~3 months since last entry). Thanks again!

You've been here for almost 2 years, your trip doesn't override the time you had already spent in the US, especially if your E3 was still valid when you travelled and came back, and even if it had- the stamp on your passport/ i94 would now just say E3R instead of E3.

 

[adam69]

Sorry I’m having trouble with the spam filters so I can’t seem to directly link the post but in the 2020 thread you said “

• Your AOS petition itself may get denied if you file for AOS immediately following your return to the US from an international trip.” (Reply #818)

I may just be overthinking or misinterpreting it so apologies in advance

Why do you read post from 2020 !! , rules changes everyday !

 

[Sm1smom]

Sorry I’m having trouble with the spam filters so I can’t seem to directly link the post but in the 2020 thread you said “

• Your AOS petition itself may get denied if you file for AOS immediately following your return to the US from an international trip.” (Reply #818)

I may just be overthinking or misinterpreting it so apologies in advance

This is what I see as post 818 on the DV2020 thread, it is quite different from what you quoted above. I therefore cannot comment on it since I’m unable to see the exact post or the context in which it was made. Also for the 2020 FY, the USCIS manual did reference the 90 day rule in the DOS 9FAM even though USCIS is not subject to the DOS, (the non-reference is something I already discussed a couple of times on this thread, so I wouldn’t go into details again here). So yes, rules do change (like another poster already mentioned) and they’ve indeed changed.

Anyway to directly answer your question, considering you were previously legally residing in the US and only left for a short trip abroad, there should be no issue with making the DV payment or completing your medical exam immediately following your return should you choose to do so.

p.s. I don’t see anything wrong with you going over the 2020 or any other previous AOS thread as a matter of fact. While the current thread is the one everyone should endeavor to keep abreast of, going over previous threads better prepares and enhances your understanding of the process. You get an insight into what others went through or how they handled certain situations. You just need to bear in mind some responses may no longer be applicable due to new updates or changes. Overall, yes, there’s value in taking a look at the available historical data.

 

[Karan_B]

Hi, question on filling my father’s first and last name. On his passport his full name is printer under first name field and the last name field is empty. How should I fill the DS 260 and form I485 ?

 

[Sm1smom]

Hi, question on filling my father’s first and last name. On his passport his full name is printer under first name field and the last name field is empty. How should I fill the DS 260 and form I485 ?

Same as with your own name. Your father has a first name and a last name, so fill out his name in that same other: FirstName, LastName on the forms.

 

[yadman]

Hey Everyone! Please see below a screenshot out of the instructions for form i-485. I just wanted to confirm that instead of leaving blanks on cells/questions that are not applicable to the petitioner, the petitioner should put "N/A"s wherever the question doesn't apply? I can see that the instruction is straightforward but just wanted to see what everyone else is doing when filling Form I-485. Additionally, I hadn't seen this instruction on the AOS process spreadsheet.

 

[sk_silva]

Hey Everyone! Please see below a screenshot out of the instructions for form i-485. I just wanted to confirm that instead of leaving blanks on cells/questions that are not applicable to the petitioner, the petitioner should put "N/A"s wherever the question doesn't apply? I can see that the instruction is straightforward but just wanted to see what everyone else is doing when filling Form I-485. Additionally, I hadn't seen this instruction on the AOS process spreadsheeYesty t.
View attachment 3337

Yes, you should put N/A or None as appropriate. But I remember someone mentioned in this thread not to put N/A to the middle name field as there were cases of getting the GC with N/A as your middle name.

you can get an idea of filling the forms by looking at the sample forms uploaded by @Sm1smom

 

[nawinner22]

Yes, you should put N/A or None as appropriate. But I remember someone mentioned in this thread not to put N/A to the middle name field as there were cases of getting the GC with N/A as your middle name.

you can get an idea of filling the forms by looking at the sample forms uploaded by @Sm1smom

So just to be clear, you put N/A for literally everything that did not apply and left nearly no blank answers unless it stated you can skip a section if you answered no?

Also, in the i-485 is okay to combine both typing and handwritten ink as some sections do not allow numbers or the slashes in "N/A"?

 

[yadman]

Yes, you should put N/A or None as appropriate. But I remember someone mentioned in this thread not to put N/A to the middle name field as there were cases of getting the GC with N/A as your middle name.

you can get an idea of filling the forms by looking at the sample forms uploaded by @Sm1smom

Hello, could you please point me to the appropriate samples you mentioned?

 

[Luna P]

Hello, could you please point me to the appropriate samples you mentioned?

Please see post #451 by Sm1smom for filled out I-485 samples (Sorry I couldn't link it).

 

[sk_silva]

So just to be clear, you put N/A for literally everything that did not apply and left nearly no blank answers unless it stated you can skip a section if you answered no?

Also, in the i-485 is okay to combine both typing and handwritten ink as some sections do not allow numbers or the slashes in "N/A"?

yes for most of them. you can type in anything if you disable javascript in adobe acrobat or you can use pdf viewer in a browser to type in numbers or slashes too.
I had to actually write down my address in black as it's longer than the provided space as well.

 

[sk_silva]

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

Hello, could you please point me to the appropriate samples you mentioned?

here are the samples

 

[nomiii]

Hi,

I am DV-2022 selectee from Nepal, came to US in F-1 (visa expired) and currently on H1B (no stamping on passport yet). My Case Number AS00075**. I plan to apply for AOS. I have paid the DV fees ($330) and received an email receipt (the receipt is a scanned paper I sent to them. They have stamped PAID on it). I have also already submitted DS-260 form (I am already in H1B, thought DS-260 won't hurt!). I have following questions.

1. Is the email receipt the official one this year?
2. The visa bulletin shows that case number up to 4350 are eligible for April 2022. I was wondering if there is a way to check how many cases have been approved (or are in the process) from Nepal so far. Is there a way to track this all? Previously, the case number was moving fast, and it has been slow for 3 months. I am just trying to predict if my case number will be current?
3. How do I track where my case is? On DS-260 it shows it is in KCC. Moreover, The DS-260 says it expires in April 2022 (because I submitted it in May 2021). Do I need to submit a new one after April?

Thank you very much for your effort putting all the materials in one place and making easier to track.

Thank you again!

Hi @roshan2142 ,
Thank you for sharing your experience. I'm wondering how long it took for you to receive the emailed receipt from the KCC after they cashed the money order? I forgot to include a self-addressed stamped envelope and emailed them a week ago asking for an emailed receipt. I'm trying to be patient since it's only been a week. I thought it would be helpful to get an idea of other people's timeline. Thank you!!

 

[chuanyao]

Hi,
I'm DV-2022 selectee from Asia (case# AS00014XXX).
I'm current F-1 student in the US, and my wife is working as F-1 OPT from 06/2021 to 06/2022.
Below are the questions after checking the old post and the spreadsheet, hope if anyone can answer them.

1. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN APRIL of ASIA is 17000 ( 8300 on March),
will it be recognized as the early filing if I filed the AOS package this month?

2. Since I just applied the OPT online on 2/28/2022, could I skip filing the DS-260 and pay the DV administrative fee directly?
(I'm worried that there is a conflict if I filed the DS-260 after applying the OPT)

3. Since my spouse will go with me, does that mean I'll pay $330 x2 = $660 for the DV administrative fee?

4. About the Add applicant in the Immigration visa page as following, can I skip this and pay the $660 DV administrative fee instead?
(I'm worried that if I missed this step than my wife can not go AOS with me)



5. After clicking the INCOMPLETE in above photo, if I answered "Yes, send my case to USCIS" in the following question, does that mean I filed the DS-260 and switch my case to the AOS?
Since I just applied the OPT, so I've not answered it and not sure what will happen after answering this question.(or if I can just skip this?)

6. Should I tell my school if I filed DS-260 or AOS package? I'm not sure if above actions will affect my status since I'm applying the OPT.
Thanks!

 

[Karan_B]

Same as with your own name. Your father has a first name and a last name, so fill out his name in that same other: FirstName, LastName on the forms.

Thank you. I know these questions might sound silly but I’m just trying to make sure I don’t end up messing my case due to this small things. Anyway I had another question on the same lines, for my mother’s “name at birth”, all her documents before marriage only have her first name. She obviously had a last name but it’s not printed anywhere. What should I do in this case, leave last name empty, put “n/a”, fill it any way (even though there is no doc to support it)?

 

[Sm1smom]

Hi,
I'm DV-2022 selectee from Asia (case# AS00014XXX).
I'm current F-1 student in the US, and my wife is working as F-1 OPT from 06/2021 to 06/2022.
Below are the questions after checking the old post and the spreadsheet, hope if anyone can answer them.

1. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN APRIL of ASIA is 17000 ( 8300 on March),
will it be recognized as the early filing if I filed the AOS package this month?

2. Since I just applied the OPT online on 2/28/2022, could I skip filing the DS-260 and pay the DV administrative fee directly?
(I'm worried that there is a conflict if I filed the DS-260 after applying the OPT)

3. Since my spouse will go with me, does that mean I'll pay $330 x2 = $660 for the DV administrative fee?

4. About the Add applicant in the Immigration visa page as following, can I skip this and pay the $660 DV administrative fee instead?
(I'm worried that if I missed this step than my wife can not go AOS with me)
View attachment 3338


5. After clicking the INCOMPLETE in above photo, if I answered "Yes, send my case to USCIS" in the following question, does that mean I filed the DS-260 and switch my case to the AOS?
Since I just applied the OPT, so I've not answered it and not sure what will happen after answering this question.(or if I can just skip this?)
View attachment 3339
6. Should I tell my school if I filed DS-260 or AOS package? I'm not sure if above actions will affect my status since I'm applying the OPT.
Thanks!

1. Sending in the AOS package in March with a CN that falls under the April cutoff number in the VB is Early Filing.
2. You can skip the DS260 submission if you would rather not submit the form. The submission though has no bearing your your pending OPT application.
3. Yes.
4. Just like 2 above, you can skip the DS260 form submission if you would rather not submit it, non submission will not preclude your spouse from filing AOS with you. Follow up question on this though, we’re you single when you submitted your eDV entry/registration back in 2020?
5. It’s not enough to select an option. You’ll actually need to filling out the form and hit the submit button in order for your DS260 to be formally considered filed.
6. Not a good idea to inform your school until after you’ve successfully completed the process and received your GC to ensure your DSO does not prematurely terminate you in SEVIS (this has happened before).

 

[Sm1smom]

Thank you. I know these questions might sound silly but I’m just trying to make sure I don’t end up messing my case due to this small things. Anyway I had another question on the same lines, for my mother’s “name at birth”, all her documents before marriage only have her first name. She obviously had a last name but it’s not printed anywhere. What should I do in this case, leave last name empty, put “n/a”, fill it any way (even though there is no doc to support it)?

You’re not required to submit any document for your mother. If she had a last name, list it.

 

[chuanyao]

1. Sending in the AOS package in March with a CN that falls under the April cutoff number in the VB is Early Filing.
2. You can skip the DS260 submission if you would rather not submit the form. The submission though has no bearing your your pending OPT application.
3. Yes.
4. Just like 2 above, you can skip the DS260 form submission if you would rather not submit it, non submission will not preclude your spouse from filing AOS with you. Follow up question on this though, we’re you single when you submitted your eDV entry/registration back in 2020?
5. It’s not enough to select an option. You’ll actually need to filling out the form and hit the submit button in order for your DS260 to be formally considered filed.
6. Not a good idea to inform your school until after you’ve successfully completed the process and received your GC to ensure your DSO does not prematurely terminate you in SEVIS (this has happened before).

@Sm1smom
Thanks for your reply!
About the following question you asked, yes, I'm single when I submitted the eDV entry/registration back in 2020, we're married in Aug 2021 after we knew I won the lottery in May 2021, will that be any problem?

 

[Sm1smom]

@Sm1smom
Thanks for your reply!
About the following question you asked, yes, I'm single when I submitted the eDV entry/registration back in 2020, we're married in Aug 2021 after we knew I won the lottery in May 2021, will that be any problem?

It shouldn't be a problem. You may be required to demonstrate your marriage is genuine and not a GC marriage, so be prepared to do so.