DV 2023 AOS (Adjustment of Status) Only

[AMolHel]

Okay. So based on the above information, you were out of status and accrued unlawful presence from May 26th to June 10th which makes you ineligible to file AOS IMO. You however can ask your lawyer to confirm if you’re eligible to file for AOS based on the above history (he doesn’t need to be DV based AOS knowledge in order to make an assessment and determine your AOS eligibility).

If your lawyer tells you you’re eligible and you trust his opinion, then you can go ahead and file for AOS with your spouse. If you’re deemed ineligible, then you and your spouse can either both switch to CP (which will involve you both attending your interview together outside the US), or your spouse files AOS while you process FTJ. Be aware the FTJ option can be quite stressful, and it involves been highly proactive.

1. The reason why I have applied EOS/ COS back in 2020 is because that's what USCIS was suggeting if we have trouble leaving in time in Covid situation. I guess there was nothing else I could gave done so I would not have issues now.I was stressing not to overstay so I filer thinking it will help.

2. Our lawyer suggest from the start I -130 after he received the GC. He said that if I keep my legal status I can do that. Although I am worried that issue from 2020 will come up. He says it wont matter with different AOS.(not DV AOS). What do you think?

3. I wished for CP because thats what I knew it worked for others from my country. My husband wanted to try AOS.
If we are so close to be current and we have a job to finish here.. isn't to late to file for DS , go though CP, arrive in home country april-may and have the Medical and Police Certificate for the interview?
I tend to leave FTJ as last option..I am afraid I wont make it by september and then I will also be denied NIV if I try to reaply.

 

[Sm1smom]

1. The reason why I have applied EOS/ COS back in 2020 is because that's what USCIS was suggeting if we have trouble leaving in time in Covid situation. I guess there was nothing else I could gave done so I would not have issues now.I was stressing not to overstay so I filer thinking it will help.

2. Our lawyer suggest from the start I -130 after he received the GC. He said that if I keep my legal status I can do that. Although I am worried that issue from 2020 will come up. He says it wont matter with different AOS.(not DV AOS). What do you think?

3. I wished for CP because thats what I knew it worked for others from my country. My husband wanted to try AOS.
If we are so close to be current and we have a job to finish here.. isn't to late to file for DS , go though CP, arrive in home country april-may and have the Medical and Police Certificate for the interview?
I tend to leave FTJ as last option..I am afraid I wont make it by september and then I will also be denied NIV if I try to reaply.

2. Your lawyer’s I-130 recommendation tells me they also believe your overstay makes you ineligible to file a DV based AOS application. This ineligibility however will also apply to a spousal based AOS application since an overstay is not forgiven for the spouse of a LPR, (this is only forgiven for the spouse of a USC). So your lawyer is wrong in saying it wouldn’t matter when you file based on an I-130, unless of course you plan on waiting until your spouse becomes a USC before filing which makes no sense.
3. Submitting the DS260 now for CP is not too late. Yes your CN is current in February and you will not get scheduled for a CP interview immediately or for a couple of months more (no guarantee you’ll be scheduled for a CP interview April-May), however there’s still plenty of time left before the FY runs out at the end of September.

 

[AMolHel]

2. Your lawyer’s I-130 recommendation tells me they also believe your overstay makes you ineligible to file a DV based AOS application. This ineligibility however will also apply to a spousal based AOS application since an overstay is not forgiven for the spouse of a LPR, (this is only forgiven for the spouse of a USC). So your lawyer is wrong in saying it wouldn’t matter when you file based on an I-130, unless of course you plan on waiting until your spouse becomes a USC before filing which makes no sense.
3. Submitting the DS260 now for CP is not too late. Yes your CN is current in February and you will not get scheduled for a CP interview immediately or for a couple of months more (no guarantee you’ll be scheduled for a CP interview April-May), however there’s still plenty of time left before the FY runs out at the end of September.

Appreciate you !! If I wouldn't have asked I would have make wrong decision (or go to the AOS interview and be denied and keep my H2b visa?).

So CP looks like the best option (FTJ worries be that I will be stuck at home if I don't make it by the end of FY).
One more thing, If we go through CP, this issue with overstay won't come up?
I know it didn't create any problems when I got a new H2b but I wanna make sure I don't ruin the chance for my husband too.

Thank you for everything

 

[Sm1smom]

Appreciate you !! If I wouldn't have asked I would have make wrong decision (or go to the AOS interview and be denied and keep my H2b visa?).

So CP looks like the best option (FTJ worries be that I will be stuck at home if I don't make it by the end of FY).
One more thing, If we go through CP, this issue with overstay won't come up?
I know it didn't create any problems when I got a new H2b but I wanna make sure I don't ruin the chance for my husband too.

Thank you for everything

Shouldn’t be a problem.

 

[Ajup]

Yes, the pending COS application will need to be approved first before the AOS application can be approved. I’m sorry I cannot help you decide if you should switch to CP or go get H4. That’s a decision you need to make on your own.

I have already filed ds260, Will that be a problem getting H4 visa in my home country?
And if going through CP, for EDV; will my current visa H1B also be cancelled if I get rejected in green card interview?
Can me and my wife stay in USA and inform KCC for changing to CP and go at the time we get our interview schedule? Or when should I leave USA if I decide to do CP.
I feel like I am stuck in pool of questions. Thank you guiding me with your answers.

 

[Sm1smom]

I have already filed ds260, Will that be a problem getting H4 visa in my home country?
And if going through CP, for EDV; will my current visa H1B also be cancelled if I get rejected in green card interview?
Can me and my wife stay in USA and inform KCC for changing to CP and go at the time we get our interview schedule? Or when should I leave USA if I decide to do CP.
I feel like I am stuck in pool of questions. Thank you guiding me with your answers.

1. It shouldn’t be a problem as H1/H4 is a dual intent visa.
2. It depends on the reason for the GC interview rejection/denial.
3. Yes you can remain in the US while waiting for your CP interview for as long as you have a valid status.

p.s. number your questions when you have more than one per post.

 

[Rise__Above]

Hi all,

My fellow AOSers please be careful which I485 form you use. Here is what the USCIS have on their website:

"ALERT: If you file Form I-485, Application to Register Permanent Residence or Adjust Status, on or after Dec. 23, 2022, you must use the 12/23/22 edition of Form I-485 or we will reject your filing. If you file Form I-485 before Dec. 23, 2022, you must use the 07/15/22 edition of Form I-485 or we will reject your filing."

What I understand is that there is no transition period.

 

[Do_Kmy2]

Hi all,

My fellow AOSers please be careful which I485 form you use. Here is what the USCIS have on their website:

"ALERT: If you file Form I-485, Application to Register Permanent Residence or Adjust Status, on or after Dec. 23, 2022, you must use the 12/23/22 edition of Form I-485 or we will reject your filing. If you file Form I-485 before Dec. 23, 2022, you must use the 07/15/22 edition of Form I-485 or we will reject your filing."

What I understand is that there is no transition period.

Thank you so much for the update !!

 

[Do_Kmy2]

Hello !! I have a question in regards to question number 23. an and 23. b on the I-485. The question asks for the city/ Town and State of the last arrival into the U.S
On my travel document from the CBP website, here is what appears as port of entry ( and btw, I haven’t left the U.S yet since I arrived):


However, I remember that when I entered the U.S, my port of entry was at the Washington Dulles airport meaning my City of last arrival was Dulles and the State Virginia right ? But I don’t understand why on my travel document from the CBP it says WAS (Washington D.C??). I am a little bit confused and don’t know what to write on my I-485 for that specific question.
Could you please help ??

 

[wadzanai]

Hello, lam so sorry if this is an obvious question, but l want get this right. if l already got a social security card (issued when l was on my F1) it's valid forever right? l don't need to ask for new one? Thank you in advance for your assistance

 

[Rise__Above]

Hello,

I have a question regarding the certified translation of documents. My documents are translated in my country by a legal translator. Its the original document and the translation stapled together (name of the legal translator, phone, email, signature, and date are included in the document). However, there is no "certified statement" page. Is that acceptable or do I need to contact a legal translator (in the U.S.) to add a certification page ?

Thanks,

 

[Sm1smom]

Hello !! I have a question in regards to question number 23. an and 23. b on the I-485. The question asks for the city/ Town and State of the last arrival into the U.S
On my travel document from the CBP website, here is what appears as port of entry ( and btw, I haven’t left the U.S yet since I arrived):
View attachment 3868

However, I remember that when I entered the U.S, my port of entry was at the Washington Dulles airport meaning my City of last arrival was Dulles and the State Virginia right ? But I don’t understand why on my travel document from the CBP it says WAS (Washington D.C??). I am a little bit confused and don’t know what to write on my I-485 for that specific question.
Could you please help ??

Your I-94 is showing WAS because the airport is known as Washington Dulles Airport. There’s nothing wrong with what is listed on your I-94. Goggle the address of IAD, use that information to list your City/Town and State of arrival.

 

[Sm1smom]

Hello, lam so sorry if this is an obvious question, but l want get this right. if l already got a social security card (issued when l was on my F1) it's valid forever right? l don't need to ask for new one? Thank you in advance for your assistance

SSN is issued for life, the number will not change after you become a LPR. You however can request for a replacement card (after becoming a LPR) to enable you have a new copy of the SSN card without DHS restrictions written on it.

 

[Sm1smom]

Hello,

I have a question regarding the certified translation of documents. My documents are translated in my country by a legal translator. Its the original document and the translation stapled together (name of the legal translator, phone, email, signature, and date are included in the document). However, there is no "certified statement" page. Is that acceptable or do I need to contact a legal translator (in the U.S.) to add a certification page ?

Thanks,

Such translated versions have been accepted in the past.

 

[Rise__Above]

Such translated versions have been accepted in the past.

Thanks! Sm1smom

 

[AMolHel]

2. Your lawyer’s I-130 recommendation tells me they also believe your overstay makes you ineligible to file a DV based AOS application. This ineligibility however will also apply to a spousal based AOS application since an overstay is not forgiven for the spouse of a LPR, (this is only forgiven for the spouse of a USC). So your lawyer is wrong in saying it wouldn’t matter when you file based on an I-130, unless of course you plan on waiting until your spouse becomes a USC before filing which makes no sense.
3. Submitting the DS260 now for CP is not too late. Yes your CN is current in February and you will not get scheduled for a CP interview immediately or for a couple of months more (no guarantee you’ll be scheduled for a CP interview April-May), however there’s still plenty of time left before the FY runs out at the end of September.

Hello again,
So we've started filling the DS 260 while I am trying to read all posts, making sure I dont make mistakes.
Q1. My current adress is in US but for the purpose of CP, should I put the home adress from Romania ( instead of unlocking later and make this change? )

My husband (principal) is still not sure is CP the best path. So he managed to talk to a live agent at USCIS and he will get a call back in 30 days to check the eligibility for AOS in my case.
He also consulted a different lawyer who said that my overstay in 2020 is a gray area and believes he can make my case in front of the officer- especially that I am not the DV selectee.
For me the USCIS is clear, like you said.. I am not eligible due to unlawful presence. I dont wanna risk getting denied at the AOS interview.
Q2. A denial at AOS interview wont make FTJ possible, right ?
Q3. If I have to do FTJ because be wants to go through AOS and I won't make it by deadline.. is consular I 130 a posibility? ( since you mentioned earlier I130 wont be possible through Aos- same bar of adjustment applies)

 

[Sm1smom]

Hello again,
So we've started filling the DS 260 while I am trying to read all posts, making sure I dont make mistakes.
Q1. My current adress is in US but for the purpose of CP, should I put the home adress from Romania ( instead of unlocking later and make this change? )

My husband (principal) is still not sure is CP the best path. So he managed to talk to a live agent at USCIS and he will get a call back in 30 days to check the eligibility for AOS in my case.
He also consulted a different lawyer who said that my overstay in 2020 is a gray area and believes he can make my case in front of the officer- especially that I am not the DV selectee.
For me the USCIS is clear, like you said.. I am not eligible due to unlawful presence. I dont wanna risk getting denied at the AOS interview.
Q2. A denial at AOS interview wont make FTJ possible, right ?
Q3. If I have to do FTJ because be wants to go through AOS and I won't make it by deadline.. is consular I 130 a posibility? ( since you mentioned earlier I130 wont be possible through Aos- same bar of adjustment applies)

1. Current address should be listed as wherever you currently are as at the time of filling and submitting the DS260 form.
2. You only have one shot. If AOS is denied, that is the end.
3. Yes to I-130 via CP.

So basically you guys are going to waste 30 days twiddling your fingers and waiting for a call back? Good luck getting a call back from USCIS clarifying AOS eligibility. Even if your husband gets the call as promised, he needs to realize only the IO responsible for adjudicating the case will have the final say, whatever the agent tells him will be irrelevant at that point. As for the lawyer that thinks he can argue your AOS eligibility because you’re not the DV selectee (an explanation I find rather ridiculous), ask him if he’s willing to refund your fees if you end up being denied on the basis of not being eligible. If he’s willing to do that, then maybe you should consider hiring him to help you process AOS.

 

[AMolHel]

1. Current address should be listed as wherever you currently are as at the time of filling and submitting the DS260 form.
2. You only have one shot. If AOS is denied, that is the end.
3. Yes to I-130 via CP.

So basically you guys are going to waste 30 days twiddling your fingers and waiting for a call back? Good luck getting a call back from USCIS clarifying AOS eligibility. Even if your husband gets the call as promised, he needs to realize only the IO responsible for adjudicating the case will have the final say, whatever the agent tells him will be irrelevant at that point. As for the lawyer that thinks he can argue your AOS eligibility because you’re not the DV selectee (an explanation I find rather ridiculous), ask him if he’s willing to refund your fees if you end up being denied on the basis of not being eligible. If he’s willing to do that, then maybe you should consider hiring him to help you process AOS.

Haha. Yes..charging quiet a lot of money to roll the dice with my case. Thank you for your time and patience to explain all this.I will post updates on our case on the CP thread.

 

[Jarsh]

Almost at the point of sending the aos pack, but still have dumb questions so that I don't make any mistakes :

1. for michigan which address I should mail to as uscis link does not show DV category
2. whose name the money order 1000 + 225 is to be made to ? (is it different then DV fee of 330)

 

[Sm1smom]

Almost at the point of sending the aos pack, but still have dumb questions so that I don't make any mistakes :

1. for michigan which address I should mail to as uscis link does not show DV category
2. whose name the money order 1000 + 225 is to be made to ? (is it different then DV fee of 330)

1. DV falls under the family based category. Find the applicable family based address for Michigan:

Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status | USCIS

www.uscis.gov

2. How to write your check:

Filing Fees | USCIS

www.uscis.gov