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DV 2022 AOS (Adjustment of Status) Only

Sm1smom said:
2. Include same set of financial documents for both packages.

Regarding the tax filing, no problem filing separately as long as you both accurately listed your marital status and did not claim to be single.
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Sm1smom said:
1. Yes, $27,465 is the 150% PGL applicable to a household of 2 and should be okay. Do bear in mind though, that is really just the minimum amount, the more the income level is about that, the better.
2. Include same set of financial documents for both packages.

Regarding the tax filing, no problem filing separately as long as you both accurately listed your marital status and did not claim to be single.
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I checked my tax transcript right after I read your answer since my wife doesn’t have SSN. My filing status is “head of household”, but I can’t see my marital status listed anywhere on the transcript. I’m kind of worried because I filed through a tax preparer in a different state and I can’t reach him anymore to find out what marital status he entered in the system. Could this be an issue for my AOS?
 
Sm1smom said:
If you are not residing and/or working in the US, I believe you’re not eligible to file for AOS even if you currently have a valid O-1 visa stamp on your passport. However, assuming you are eligible to do so (which I do not think you are), your plan cannot work anyways. You most definitely will not be issued with an approved AP card within one month of filing for AOS. And once you depart from the US without an approved AP card while your AOS is pending, the application will be presumed abandoned and subsequently denied by USCIS.
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Ok thanks for the info.. I thought maybe it was a crazy idea. So if we both travel to the US on our O visas and apply for the AOS while staying in the country for the entire process we should be ok? Or are you saying you need proof you've been living and working in the US for a period of time before you apply for AOS?
 
AnasMD said:
I checked my tax transcript right after I read your answer since my wife doesn’t have SSN. My filing status is “head of household”, but I can’t see my marital status listed anywhere on the transcript. I’m kind of worried because I filed through a tax preparer in a different state and I can’t reach him anymore to find out what marital status he entered in the system. Could this be an issue for my AOS?
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Filing as head of household is fine.
 
Hi. About the filling single status in the tax returns 2020 and 2019 NR-1040 and I-1040. I always filled as a single as my husband was without SSN as he was without a job, We are in the J-1 /J-2 status. I thought that I was single for tax purposes as I married you can deduct more money and that was not okay. Now, he has a SSN and working here under EAD. This 2021 we are going to do as married join. is that going to be an issue?
 
Hi Sm1smom. Not sure if it’s the right thread for this question but I know that you have very broad experience.
I have a pending asylum case (i589). Have gone through the old posts and it was advised to withdraw the asylum application after getting the DV based GC.
The thing is my sibling has a pending asylum based AOS. When I withdraw my asylum application, is there a chance that it can negatively affect my sibling’s case?
Thank you in advance.
 
getty399 said:
Ok thanks for the info.. I thought maybe it was a crazy idea. So if we both travel to the US on our O visas and apply for the AOS while staying in the country for the entire process we should be ok? Or are you saying you need proof you've been living and working in the US for a period of time before you apply for AOS?
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I can’t tell you if you should be okay or not, below is the response I give (of late) when someone asks about entering the US for the sole purpose 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.
 
getty399 said:
Ok thanks for the info.. I thought maybe it was a crazy idea. So if we both travel to the US on our O visas and apply for the AOS while staying in the country for the entire process we should be ok? Or are you saying you need proof you've been living and working in the US for a period of time before you apply for AOS?
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Now, you may say my above canned response refers to non-dual immigrant visas, of which 0-1 visa is not one of those. According to 9 FAM "The O-1 visa holder must seek to enter for the purpose of continuing to work in the area of his or her extraordinary ability or achievement …" So should the question arise, will you be able to demonstrate to the IO who will adjudicate your AOS application that your original plan was not simply to file for AOS when you entered the US but the main reason was to work?

Don't get me wrong, I'm not trying to discourage or dissuade you from coming in to file AOS, (especially considering Sydney embassy's ongoing treatment of DV cases) I'm just trying to make you understand the answer to your question is not a simple yes or no. It's a risky move, you will need to determine your comfort level with the risks involved before making a move. And make sure you understand the steps involved with the AOS process by the way also before deciding to proceed as such.
 
Luci80 said:
Hi. About the filling single status in the tax returns 2020 and 2019 NR-1040 and I-1040. I always filled as a single as my husband was without SSN as he was without a job, We are in the J-1 /J-2 status. I thought that I was single for tax purposes as I married you can deduct more money and that was not okay. Now, he has a SSN and working here under EAD. This 2021 we are going to do as married join. is that going to be an issue?
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AFAIK, there's no such thing as "single for tax purposes". There are accurate and applicable options for filing while married to someone without a SSN. Anyway, you can still amend your previous tax filing to correct the wrongly listed information.
 
Luna P said:
Hi Sm1smom. Not sure if it’s the right thread for this question but I know that you have very broad experience.
I have a pending asylum case (i589). Have gone through the old posts and it was advised to withdraw the asylum application after getting the DV based GC.
The thing is my sibling has a pending asylum based AOS. When I withdraw my asylum application, is there a chance that it can negatively affect my sibling’s case?
Thank you in advance.
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Your asylum application is independent of your sibling's. Whatever happens to your asylum case has no bearing on your sibling's as in approval of one asylum case does not automatically equate to the other one being approved also - each case will be independently reviewed and assessed.

If your DV case gets approved, you should indeed withdraw your asylum case, even if you do not withdraw it, it will be denied anyways on the basis of already being a LPR. However, to ensure there are no complications with your immigration file years down the road, withdrawing the asylum application following the DV case approval is always recommended.
 
srbdragon said:
View attachment 3345

Well guys, firstly I would like to thank you all for all the support you have given me in the past few months to get to this point. This forum has been amazing and I am very thankful for all the assistance!

Seems like my interview was waived as this is the case status as of today :))

Best of luck to everyone else!
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Congrats on your new status! Enjoy your new life!
 
Hi , I checked the DV lottery website and I was selected with the AS5XX range. Now, I’m F1 student and I will have an interview in next 2 weeks l have some questions to ask:


According to the letter from USCIS
You must prove (and your derivatives must prove) you have maintained your status since entering the United States for your application to be approved. Please appear for interview with all passports, visas, entry documents. You are only eligible for a diversity visa for the fiscal year. Failure to bring the evidence with you may result in unnecessary delays and your visa may possibly regress. Please bring a copy of your Federal Income Tax Transcript for tax year 2020/2021 to your interview along with any W-2(s) for 2020/2021. If you did not file federal income taxes in 2020/2021, please bring copies of bank accounts, etc. as proof of financial support.

Because of I don’t have a Federal Income Tax Transcript for tax year 2020/2021
  1. What time period should I provide my bank account?
  2. Can I just use the same my bank statement and my sponsor statement as proof of financial support that I initially provided when I submitted the application? (I sent my application to USCIS in Nov 2021)

Thanks in advance and appreciated!
 
i applied for AOS based on dv lottery on 11/09/2021 and today received the appointmen notice for 03/17 , i m happy for it, i didn't submit my medical exams whe i filed the i-485, in the appointment notice in the " Bring with you" section do not say anything about it, should i take it anyway?

thanks
 
Good afternoon

i have the interview on 3/17 , i do not have the original of my hs diploma and i doubt i can get it , however i have a bachelor diploma from a usa university, i was wondering if that will be enough?
 
Ari_star said:
Hi all,
Did anyone got interview or invited on February?
I got invite on 17th. But no mail yet. Phoenix location.
When are we going to get it via mail? I saw it’s different but for every case. But anyone got update recent?
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i have the interview on 3/17 as well , and received the notificastion via mail , they sent in on 2/28 and i received on 3/3 .
 
Daviilz said:
Hi , I checked the DV lottery website and I was selected with the AS5XX range. Now, I’m F1 student and I will have an interview in next 2 weeks l have some questions to ask:


According to the letter from USCIS
You must prove (and your derivatives must prove) you have maintained your status since entering the United States for your application to be approved. Please appear for interview with all passports, visas, entry documents. You are only eligible for a diversity visa for the fiscal year. Failure to bring the evidence with you may result in unnecessary delays and your visa may possibly regress. Please bring a copy of your Federal Income Tax Transcript for tax year 2020/2021 to your interview along with any W-2(s) for 2020/2021. If you did not file federal income taxes in 2020/2021, please bring copies of bank accounts, etc. as proof of financial support.

Because of I don’t have a Federal Income Tax Transcript for tax year 2020/2021
  1. What time period should I provide my bank account?
  2. Can I just use the same my bank statement and my sponsor statement as proof of financial support that I initially provided when I submitted the application? (I sent my application to USCIS in Nov 2021)

Thanks in advance and appreciated!
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1. As much or as little as you wish - 12 months' worth is not too much IMO.
2. Recent statements preferable (to be on the safe side). Did your sponsor provide you with an I-134?
 
amanzano65 said:
i applied for AOS based on dv lottery on 11/09/2021 and today received the appointmen notice for 03/17 , i m happy for it, i didn't submit my medical exams whe i filed the i-485, in the appointment notice in the " Bring with you" section do not say anything about it, should i take it anyway?

thanks
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Yes, you should plan on taking the medical exam report with you.
 
Sm1smom said:
Your asylum application is independent of your sibling's. Whatever happens to your asylum case has no bearing on your sibling's as in approval of one asylum case does not automatically equate to the other one being approved also - each case will be independently reviewed and assessed.

If your DV case gets approved, you should indeed withdraw your asylum case, even if you do not withdraw it, it will be denied anyways on the basis of already being a LPR. However, to ensure there are no complications with your immigration file years down the road, withdrawing the asylum application following the DV case approval is always recommended.
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I will do that. Thank you so much for your response.
 
Hi everyone, happy to report my GC arrived in the mail today! Interview was waived, so frontloading definitely helps in my opinion.

Thank you @Sm1smom for always going above and beyond. I'm fairly new to this forum but truly amazed by how you never ignore a post, try to answer our questions no matter the complexity, length, or repetition, always congratulate everyone or at least hit like. The information you give is beyond valuable! You truly make this world a better place. Thank You! :)

Even though most of us never met in real life, just wanted to thank this awesome community for helping so many people navigate through one of the important (and stressful) chapters of their life. It means a lot! Wishing the very best to everyone who's waiting :)
 
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