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DV 2022 AOS (Adjustment of Status) Only

Your wife is not “on F2 visa” from what you’ve described above, she has F2 visa which she uses to visit the US. Since she’s not based in the US, she is not eligible to file for AOS with you. AOS is an option for someone already based in the US on a NIV when the decision to file for AOS is made. Your wife will have to process FTJ (follow to join) as your derivative in this case.

Thank you for your reply! Really appreciate it! A couple of follow-up questions:

+ What's the criterion for her to be "based in the US"?
+ She's lived with me in the US over the past 4 years and is included in my rental lease and has a state ID. Is that the deciding factor?
+ What if she lives here and studies remotely from the US?
+ Will she have to be in the US during the entire process of AOS?
 
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Thank you for your reply! Really appreciate it! A couple of follow-up questions:

+ What's the criterion for her to be "based in the US"?
+ She's lived with me in the US over the past 4 years and is included in my rental lease and has a state ID. Is that the deciding factor?
+ What if she lives here and studies remotely from the US?
+ Will she have to be in the US during the entire process of AOS?
1&2. Physically living in the US, not just maintaining a presence on paper (by having a State ID or being listed on your lease) or “visiting” now and then for a couple of months.
3. That could make her eligible, provided that is done right away (as in establishing a history of physical presence well in advance) and not just before you file for AOS.
4. Yes once the AOS application has been filed, until she gets an approved AP (Advance Parole) card which enables one to travel out and return back to the US without the AOS application being considered abandoned.
 
1&2. Physically living in the US, not just maintaining a presence on paper (by having a State ID or being listed on your lease) or “visiting” now and then for a couple of months.
3. That could make her eligible, provided that is done right away (as in establishing a history of physical presence well in advance) and not just before you file for AOS.
4. Yes once the AOS application has been filed, until she gets an approved AP (Advance Parole) card which enables one to travel out and return back to the US without the AOS application being considered abandoned.
Thanks again Sm1smom!

Do you know where I can get information about the FTJ process and how long it takes?
 
Thanks again Sm1smom!

Do you know where I can get information about the FTJ process and how long it takes?
Take a look at the FAQ section of the AOS process. FTJ requires being proactive and a lot of follow up. It can only be initiated after you have successfully completed your AOS process.
 
Hello i am 2022AS00000XXX winner.
I am in the US on F1 status and was waiting for my 140 to get approved and file 485 accordingly that I found i have been selected.
I read the spreadsheet and I have few questions which I would be happy to get answers for:
1- I have been studying in the US for four years now, do I need to have Form I-134 - Affidavit of Support?
2- In terms of processing time and since DV is time-sensitive to get approved which one of them (140 based or DV based ) 485 is recommended?
3- Can I have two 485 forms being processed at the same time? i read that it is possible but what would be the downside of it.
Thanks
 
Hello i am 2022AS00000XXX winner.
I am in the US on F1 status and was waiting for my 140 to get approved and file 485 accordingly that I found i have been selected.
I read the spreadsheet and I have few questions which I would be happy to get answers for:
1- I have been studying in the US for four years now, do I need to have Form I-134 - Affidavit of Support?
2- In terms of processing time and since DV is time-sensitive to get approved which one of them (140 based or DV based ) 485 is recommended?
3- Can I have two 485 forms being processed at the same time? i read that it is possible but what would be the downside of it.
Thanks
1. If you have some other means of demonstrating you’re unlikely to become a public charge, you don’t have to submit an I-134.
2. That’s your call to make.
3. (a) Whatever payment you’ve made is non-refundable, (b) there may be a slight delay with the IO needing to see and review the 2nd application before approving the one originally assigned to them. Other than that, no harm with having multiple AOS applications in the system at the same time
 
1. If you have some other means of demonstrating you’re unlikely to become a public charge, you don’t have to submit an I-134.
2. That’s your call to make.
3. (a) Whatever payment you’ve made is non-refundable, (b) there may be a slight delay with the IO needing to see and review the 2nd application before approving the one originally assigned to them. Other than that, no harm with having multiple AOS applications in the system at the same time
Thank you for your reply.
What are other means of demonstration? If i have letter from my advisor indicating that he/she might want to hire my after my graduation would that work? What documents are required

regarding the processing time, the 140 based 485 processing is historically 8-17 months. However, Im not sure of processing time for DV program

And since i have applied for 140 , the Receipt number would be the A - number in 485 form? If not what should i enter in that box
:) thanks for your time
 
Thank you for your reply.
What are other means of demonstration? If i have letter from my advisor indicating that he/she might want to hire my after my graduation would that work? What documents are required

regarding the processing time, the 140 based 485 processing is historically 8-17 months. However, Im not sure of processing time for DV program

And since i have applied for 140 , the Receipt number would be the A - number in 485 form? If not what should i enter in that box
:) thanks for your time
I admit I am a little confused here - an I140 is an employment based application, so what does it mean that they “might” want to hire you? Depending on category you should either have a job offer or the kind of resume that shows getting a job will be easy if self-sponsoring; in other words, someone with a valid I140 should really not have a problem with the public charge angle. Anyway to answer the question directly, no, a letter saying they might want to hire you does not help. A proper job offer will.

DV processing can only happen within the fiscal year. You may or may not get a DV visa sooner than one via an already filed I140, bearing in mind i140s may involve RFEs and have a higher burden of proof than DV. Because I am the kind of person who likes to keep my options open, if this were me I would have both filed.
 
r the kind of resume that shows getting a job will be easy if self-sponsoring; in other words, someone with a valid I140 should really not have a problem with the public charge angle. Anyway to answer the question directly, no, a letter saying they might want to hire you does not help. A proper job offer will.

DV processing can only happen within the fiscal year. You may or may not get a DV visa sooner than one via an already filed I140, bearing in mind i140s may involve RFEs and have a higher burden of proof than DV. Because I am the kind of person who likes to keep my options open, if this were me I would have both filed.
Thank you for your reply. 140 is self petitioned and is based on niw and 140 is not approved yet. So the required documentation is resume and job offer?
 
Thank you, and about the A-number or online account number in 485 form, are any of these related to the self petitioned 140 form Receipt number under processing in USCIS?
If you have an existing USCIS online account (regardless of the application it was created for), you list it on the I-485. Same thing with the A#, (not the receipt number) if one is listed on the NOA from your I-140, list it on the I-485.
 
If you have an existing USCIS online account (regardless of the application it was created for), you list it on the I-485. Same thing with the A#, (not the receipt number) if one is listed on the NOA from your I-140, list it on the I-485.
Thank you for your reply. I do have an existing online account which i created myself and it was not on the notice. But it doesnt have a number. And my NOA doesnt have a A-number as well. So i would need to leave these sections empty?
 
Thank you for your reply. I do have an existing online account which i created myself and it was not on the notice. But it doesnt have a number. And my NOA doesnt have a A-number as well. So i would need to leave these sections empty?
Again, if you have an existing online USCIS account, list it - I didn't say the USCIS online account number gets listed by USCIS on the NOA. My reference to the NOA in my previous response is with regards to the A#. USCIS does not create the online account, applicants with pending application create those (like you did) after receiving the NOA. If you don't have an A#, leave the section blank.
 
Again, if you have an existing online USCIS account, list it - I didn't say the USCIS online account number gets listed by USCIS on the NOA. My reference to the NOA in my previous response is with regards to the A#. USCIS does not create the online account, applicants with pending application create those (like you did) after receiving the NOA. If you don't have an A#, leave the section blank.
Thank you very much for your reply. Sorry I was confused and wanted to make sure I'm understanding it correctly. Shall I ask another question, if I decide to send my DV in ocb later on if my 140 gets approved send my 485 for an approved 140. Is there a way to know what are the centers in which my 140 based 485 will go? I read the spread sheet and for dv it goes to Chicago, then NBC then field office but I don't know about 140 based 485. I consulted with a lawyer and said filling two different 485 will delay your application and it may cause confusion for officers reviewing it. As she said , she has seen cases in which the action that should have been updated for one case was sent to another one by mistake. I was thinking if they go in different centers then that might not be the case for me maybe
 
Thank you very much for your reply. Sorry I was confused and wanted to make sure I'm understanding it correctly. Shall I ask another question, if I decide to send my DV in ocb later on if my 140 gets approved send my 485 for an approved 140. Is there a way to know what are the centers in which my 140 based 485 will go? I read the spread sheet and for dv it goes to Chicago, then NBC then field office but I don't know about 140 based 485. I consulted with a lawyer and said filling two different 485 will delay your application and it may cause confusion for officers reviewing it. As she said , she has seen cases in which the action that should have been updated for one case was sent to another one by mistake. I was thinking if they go in different centers then that might not be the case for me maybe
The guidance I provide here is limited to DV based process only, I can’t comment on your I-140 process. Nonetheless I stand by what I already said re having multiple applications in the system at the same time not being a problem because I have also seen applicants with multiple applications who did not run into any unusual delay. You’ll need to make the call on your own on whose word to go by.
 
Hello.

I have a small question about Financial Support Evidence.
My wife won the DV lottery and we are in the US with my L-visa.
She doesn't work (homemaker), but I do.

The Spreadsheet lists "Evidence of Financial Support" for the Main Selectee, but she could not provide it (except statements from out joint checking account), but I (spouse) can (statements, paystubs, W-2).

Does it matter which package of documents (her or mine) contains this evidence?
If it does, what should we do?

Thank you!
 
Hello.

I have a small question about Financial Support Evidence.
My wife won the DV lottery and we are in the US with my L-visa.
She doesn't work (homemaker), but I do.

The Spreadsheet lists "Evidence of Financial Support" for the Main Selectee, but she could not provide it (except statements from out joint checking account), but I (spouse) can (statements, paystubs, W-2).

Does it matter which package of documents (her or mine) contains this evidence?
If it does, what should we do?

Thank you!
Your income is considered jointly earned for immigration purpose. So the financial documents can be included in both packages.
 
Thank you for the answer!

We started to fill DS-260 and got confused what to do with children.
We have two and both of them (1 and 2 years old) were born in the United States (US citizens). We listed them in the DV application and therefore we are asked to fill DS-260 for them. Do we need to do it?

Thank you for all the help!
 
Thank you for the answer!

We started to fill DS-260 and got confused what to do with children.
We have two and both of them (1 and 2 years old) were born in the United States (US citizens). We listed them in the DV application and therefore we are asked to fill DS-260 for them. Do we need to do it?

Thank you for all the help!
Don't fill out the separate DS260 forms for your kids, they are already USC. The DS260 forms automatically got created for them because you listed them on your entry form, you can safely ignore the forms.
 
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