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DV 2023 AOS (Adjustment of Status) Only

I am lucky enough to get an info pass this morning and get my advance parole after four hours of waiting.
1. My i131 case status didn't update. Will it be possible if the USCIS to abandon my i485 if they ignore the fact that I got an AP from info pass?
2. How accurate is the USCIS case status? Can I rely on it when I'm abroad or I have to ask live chat on Emma everyday?
 
wesnewyork said:
I am lucky enough to get an info pass this morning and get my advance parole after four hours of waiting.
1. My i131 case status didn't update. Will it be possible if the USCIS to abandon my i485 if they ignore the fact that I got an AP from info pass?
2. How accurate is the USCIS case status? Can I rely on it when I'm abroad or I have to ask live chat on Emma everyday?
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1. No they wouldn’t treat your case as abandoned as long as you have a valid AP on hand before leaving the US.
2. Some FOs provide updates, some do not. Emma may not have access to case updates if your FO is not updating the general database for cases.

p.s. congrats on getting the expedited AP.
 
Sprinker said:
Question: do you have to submit I566 for each applicant even if they are minors? Can you separate your application for AOS by submitting your documents first and latter submitting your children application?
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1. Yes.
2. Yes you can. Although I wonder why anyone would think of doing that considering it is cheaper for a minor to file for AOS if their application is submitted together with the parents. Plus doing so could potentially lead to your case being adjudicated before your children’s.
 
Hi Mom,

My spouse and I are subject to J1 2-year home country presence requirement (we both have J1s). We applied for the waiver 3 months ago, but there is no activity so far.

Do you think it is a good idea to send I-485s without waivers? As far as I know, in the case of RFE, we have three months to provide the document. Would it make sense to start process without one or should we wait at least for the favorable recommendation in your opinion?

Thank you in advance for your time.
 
Yecoww said:
Hi Mom,

My spouse and I are subject to J1 2-year home country presence requirement (we both have J1s). We applied for the waiver 3 months ago, but there is no activity so far.

Do you think it is a good idea to send I-485s without waivers? As far as I know, in the case of RFE, we have three months to provide the document. Would it make sense to start process without one or should we wait at least for the favorable recommendation in your opinion?

Thank you in advance for your time.
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I don’t know if filing without the required waiver is a idea or not, that’s a call you’ll have to make on your own. There’s no guarantee you’ll receive a RFE with a 3 month window response time considering DV based AOS applications go through an expedited process.
 
Hi!! My case number is AS18k. I can only send AOS when Asia region goes to current even for Nepal. I got the AOS eligibility letter. I have few questions:

1. Can I pay the DV fee? I got the receipt in AOS eligibility letter.
2. As soon as Asia region goes current, can I send the AOS package or early filing?

Thanks Smoms!!
 
Abhishek Sharma said:
Hi!! My case number is AS18k. I can only send AOS when Asia region goes to current even for Nepal. I got the AOS eligibility letter. I have few questions:

1. Can I pay the DV fee? I got the receipt in AOS eligibility letter.
2. As soon as Asia region goes current, can I send the AOS package or early filing?

Thanks Smoms!!
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1. You can make the payment now if you like as long as you understand the implications of doing so should your CN not become current.
2. You will not be eligible to send in your AOS package if you’re chargeable to Nepal and Nepal continues to be limited in the except category when the rest of the AS region goes current.

Did you bother to go through the AOS process spreadsheet as recommended in response to your previous post on Jan. 4th?
 
Good evening Mom,

1. Do I need to provide a certificate of non-criminal record from any place where I have lived for more than 3 or 6 months (I don't remember the exact number)? I know you have to provide this for the CP process, but don't know about AOS.
 
Sam_1993 said:
Good evening Mom,

1. Do I need to provide a certificate of non-criminal record from any place where I have lived for more than 3 or 6 months (I don't remember the exact number)? I know you have to provide this for the CP process, but don't know about AOS.
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Not required for AOS unless you’ve ever been arrested or charged, in which case you must include a police report or court disposition documents.
 
Sm1smom said:
1. You can make the payment now if you like as long as you understand the implications of doing so should your CN not become current.
2. You will not be eligible to send in your AOS package if you’re chargeable to Nepal and Nepal continues to be limited in the except category when the rest of the AS region goes current.

Did you bother to go through the AOS process spreadsheet as recommended in response to your previous post on Jan. 4th?
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Yes, I went through the AOS process spreadsheet. There were certain things I was not clear. Is sending DV fee receipt without current a part of early filling? I dont want to take the risk of early filing!!
 
Abhishek Sharma said:
Yes, I went through the AOS process spreadsheet. There were certain things I was not clear. Is sending DV fee receipt without current a part of early filling? I dont want to take the risk of early filing!!
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Early filing is well defined in the AOS-FAQ section of the AOS process spreadsheet. If you already went through the spreadsheet and did not see that, I suggest you go through it again.
 
Thank you so much for building this community. Absolutely priceless.

Just confirming as I'm currently an O-3 visa holder, on form I-485, Part 2, Application Type or filing category it is asking to attach a copy of the form I-797 so I marked 1g. Additional Options - Diversity Visa Program but I ATTACH a copy of my I-797 that I currently hold for my O-3 visa?

Is that correct?
 
sallyoz said:
Thank you so much for building this community. Absolutely priceless.

Just confirming as I'm currently an O-3 visa holder, on form I-485, Part 2, Application Type or filing category it is asking to attach a copy of the form I-797 so I marked 1g. Additional Options - Diversity Visa Program but I ATTACH a copy of my I-797 that I currently hold for my O-3 visa?

Is that correct?
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As long as you did not select any of the options under (Part 2) questions1a-1f or indicate you have an underlying petition in questions 2 and 3 (or 8 and 9 for a derivative), yes what you've done is correct. You do need to include a copy of your I-797 as that is one of the documents for demonstrating you've continuously maintained a legal status in the US.
 
Hi,

can you please provide me with a list of recommendations for lawyers who are familiar with AOS since.

Thank you for your great work
 
Musta94 said:
Hi,

can you please provide me with a list of recommendations for lawyers who are familiar with AOS since.

Thank you for your great work
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Sorry can’t. This is a DIY forum. If you feel your case is quite complicated such that you’ll need the assistance of a lawyer, you’ll need to find one on your own.
 
I am writing this message to serve as an information for future applicants. I have found this forum very helpful, so I believe this is my small way of giving back to the community. My DV became current in January. On January 3rd I sent my I-485 application, and the Elgin lockbox received it on January 5th. I was only able to see who signed for my i-485 package because I used FedEx and requested that it should be signed on delivery. On January 23, I received a text from USCIS that they had accepted my I-485 application and added receipt numbers for both for me and my spouse. I quickly checked the status on USCIS using the receipt numbers and it indicated that the National Benefit Center is working on my I-485 application. However, the personal check was not cashed until today; January 24th. Like I said, I am posting this to serve as information for future applicants. packaging the I-485 application was really overwhelming and tiring but I am glad I am done with that stage. Moving forward, I am hoping to hear about biometric appointment. I will keep you all posted. Thanks for everything and special thanks to the organizers of this forum. In the meantime, if you need any information about the packaging, I entreat you to go over the resources provided in this forum. Additionally, it is important to read the USCIS website for the up-to-date information. Because prior to submitting my I-485 application two important communique were released by USCIS and if I had not paid attention to that, my case would have been denied. If you are wondering what those communiques were, one had to do with a revised version of form I-485 and the other had to do with how to package your I-485 application to avoid delays. I wish us all the best with the application process and hopefully we may all get GC before the fiscal year ends.
 
Hi Mom,

My daughter is a DV2023 winner and is currently in the US on F1 Student Visa (STEM Field). We are 100% contributing to her financially. However, placed a substantial deposit in her US account. When filling out I-485, there is a question on Public charge. "Are you subject to the public charge grounds of inadmissibility under INA section 212(a)(4)? should she answer Yes or No?

I would like to hear from winners who have already filled I-485
 
DILUAE said:
Hi Mom,

My daughter is a DV2023 winner and is currently in the US on F1 Student Visa (STEM Field). We are 100% contributing to her financially. However, placed a substantial deposit in her US account. When filling out I-485, there is a question on Public charge. "Are you subject to the public charge grounds of inadmissibility under INA section 212(a)(4)? should she answer Yes or No?

I would like to hear from winners who have already filled I-485
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First, I am going to say that take this as just an advice and not a legal one. My understanding on the public charge grounds as defined by USCIS is that if you have received financial help/grants from US organizations such as IRS (Stimulus Check), State (SNAP,) just to mention a few. So, I would have chosen no because these financial aids are not from US institutions but instead from my family who aren't even in the US. But like I said, it is my opinion and not a legal advice. There are more experts in these forums that can add to this discussion.
 
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