Sm1smom
Super Moderator
Answer “NO”
DV 2023 AOS (Adjustment of Status) Only
- Thread starter Sm1smom
- Start date
SebastianNY
Member
HI
Can you help me with a couple of items of I-485 / I-693 :
Part 1 / 26c: Status/ Class of I-94 : in my case: L-1A - understand that 27: what is your current immigration status (if it has changed since your arrival) - doesn't apply to me - please confirm
Part 1 / 1.g.: Marked : Diversity Visa Program , 2. : are you applying for adjustment based on the Immigration and Nationality Act (INA) section 2459(I)? : sample of I-485 says "no" but there is a note that It should be "yes" if DV Program is marked. - please confirm
Part 3 / 14.b : my current employment is at this moment till 12/31/2024 (in line with my first extension ). Should I put this date or leave it blank as I'm still working there.
plus:
I-485 and I-693 for my child (4 yeas old ) because of her age she doesn't read or fully understand English ( obviously )
so both forms will be prepared by me and I'll fill out all sections for Preparer. / plus signature
In I-693 : I should leave the whole application statement blank and not marked (even 2: Applicant's Statement regarding the preparer: At my request , the preparer .....)? or should I put my name on it?
Thank you
Can you help me with a couple of items of I-485 / I-693 :
Part 1 / 26c: Status/ Class of I-94 : in my case: L-1A - understand that 27: what is your current immigration status (if it has changed since your arrival) - doesn't apply to me - please confirm
Part 1 / 1.g.: Marked : Diversity Visa Program , 2. : are you applying for adjustment based on the Immigration and Nationality Act (INA) section 2459(I)? : sample of I-485 says "no" but there is a note that It should be "yes" if DV Program is marked. - please confirm
Part 3 / 14.b : my current employment is at this moment till 12/31/2024 (in line with my first extension ). Should I put this date or leave it blank as I'm still working there.
plus:
I-485 and I-693 for my child (4 yeas old ) because of her age she doesn't read or fully understand English ( obviously )
so both forms will be prepared by me and I'll fill out all sections for Preparer. / plus signature
In I-693 : I should leave the whole application statement blank and not marked (even 2: Applicant's Statement regarding the preparer: At my request , the preparer .....)? or should I put my name on it?
Thank you
Thanks a lot for your help.
By the way, I would like to give an update on my situation, as it can help others. As you may remember, I tried to switch from CP to AOS, but KCC replied as my case has been prepared for the consulate, I have to work with them.
Surprisingly, I received another email from them 12 days later. They sent two attached letters, one of which states "Thank you for informing us that you plan to apply for AOS with USCIS etc." The other one is about sending DV lottery fee. So, they acknowledged it in the second email after some time
Sm1smom
Super Moderator
1. What am I supposed to confirm? I do not understand what it is you're asking about here.
2. No, the note does not say the answer should be "Yes" if DV program is marked. Please read the note again.
The sample I-485 is correctly filled out. However, if you believe you're applying for AOS based on INA 245(i), and you understand the note to mean you should select "Yes" if DV program is marked as the basis of AOS filing, feel free to mark "YES" in that case (although I recommend you google INA245(i) and make sure you understand what is it about, and don't forget to include the Supplement A to Form I-485 which the note says is required by the way with your AOS package if your answer is YES).
3. I would put "Present" in place of an actual date to demonstrate the employment is ongoing.
4. Since a parent is allowed to sign the form for a minor child (children under 14), you are not required to fill out the Preparer/Interpreter section in that case. USCIS is aware a minor cannot fully comprehend or fill out the forms on their own, a parent is allowed to act on their behalf as the minor themselves in that case.
p.s. number your questions if you have more than one per post.
Sm1smom
Super Moderator
Your question is rather confusing, by the person supporting the I-134, do you mean the person providing you with the I-134? If that is what you mean, yes it has to be someone based in the US. And a beneficiary in this case cannot be your immediate family living outside the US. Only yourself and your US based derivatives (if you have any) can be listed as beneficiaries of the I-134.
Sm1smom
Super Moderator
I'm not surprised by the update. Thanks for sharing nonetheless.Thanks a lot for your help.
By the way, I would like to give an update on my situation, as it can help others. As you may remember, I tried to switch from CP to AOS, but KCC replied as my case has been prepared for the consulate, I have to work with them.
Surprisingly, I received another email from them 12 days later. They sent two attached letters, one of which states "Thank you for informing us that you plan to apply for AOS with USCIS etc." The other one is about sending DV lottery fee. So, they acknowledged it in the second email after some time
SebastianNY
Member
Thank you Mom, all clear now
Thanks, I will wait for any feedback
Sm1smom
Super Moderator
You can consider the switch effective from the moment you email KCC to inform them you wish to switch from AOS to CP.
However, when you get scheduled for a CP interview depends on several factors such as when you CN becomes current, plus when the KCC completes processing your DS260 form(s), plus your applicable US embassy’s capacity to take on DV cases.
Sm1smom
Super Moderator
The spreadsheet does not mention an I-864 because it is not applicable to DV based AOS applications.
Thank you for your reply. I see the spreadsheet mentions I-134 to be included in the I-485 DV AOS. However, the instructions to I-485 do not mention that any sponsorship is required for DV AOS. Could you please clarify why the I-134 is mentioned in the AOS spreadsheet and whether it is mandatory? Thank you again.
Sm1smom
Super Moderator
1. Including the I-134, (or any of the other financial documents listed on the AOS Process Spreadsheet) with the AOS package is NOT mandatory.
2. However, including any or all of the listed financial documents (as applicable to each applicant) is recommended for the following reasons:
- INA 212(a)(4)[/B] requires ALL DV based AOS applicants (regardless of if they are working full time or not due to circumstance beyond their control) to be able to demonstrate they are not likely to become a public charge in order for their application to be approved. The adjudicator is empowered to find an applicant inadmissible and, therefore, ineligible for a visa if in their opinion, at the time of adjudication, the applicant is likely at any time to become a public charge.
- USCIS Policy Manual (Footnote 61) - the adjudicator manual which guides IOs says: "A winner of the Diversity Visa Program lottery has no petition or petitioner. Consequently, a Diversity Visa Program adjustment applicant does not need to file an Affidavit of Support. However, the applicant is still subject to the public charge ground of inadmissibility."
- Here's a link to a DV 2021 selectee F1 OPT status who received a RFE due to the IO having concerns about the possibility of their becoming a public charge. The RFE partly says: "An applicant for a diversity immigrant visa is not required to file an affidavit of support on form l-864 at the time he or she applies for the visa. However, the Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge". This applicant h[/ICODE]ad to present an I-134 to overcome this.
- In addition to all of the above, there are reported instances (on past threads in this forum) of applicants with interview letters that specifically requested the applicants to attend their DV based AOS interview with an I-134. I could go on and on, but I'm going to stop here as this post is already much longer than intended.
Thank you. Would it be fine if I leave A-number blank and put the USCIS# from previous EAD Cards in the last page of i485 as a note?
Thanks!
Hi @Sm1smom, thank you for all your efforts to help us out. I've gained a lot from reading responses on this forum. My questions are:
1. When preparing my I-134 financial support document, do you recommend that I fill it out and sign it myself or should my relative (who agrees to help financially) do it. My concern with having the relative sign it is that they live in another state and I do not want to have them print it out and send me the form (signed in ink) over mail as it is a hassle and might take time. If I fill it out with info (and supporting documents) they give me and sign it myself, it would be a lot more convenient. Or better yet, can they fill the form, print it, sign it then send me a scanned version over email?
2. When filling out the I-485 form, I am not able to reply with "N/A" on most of the items due to it being an XFA file format (one reason is that I should only respond with numbers for some of the prompts). I wanted to know if it would be problematic if I were to leave questions which do not relate to me blank, or should I print it out and write "N/A" with ink before sending it out?
1. When preparing my I-134 financial support document, do you recommend that I fill it out and sign it myself or should my relative (who agrees to help financially) do it. My concern with having the relative sign it is that they live in another state and I do not want to have them print it out and send me the form (signed in ink) over mail as it is a hassle and might take time. If I fill it out with info (and supporting documents) they give me and sign it myself, it would be a lot more convenient. Or better yet, can they fill the form, print it, sign it then send me a scanned version over email?
2. When filling out the I-485 form, I am not able to reply with "N/A" on most of the items due to it being an XFA file format (one reason is that I should only respond with numbers for some of the prompts). I wanted to know if it would be problematic if I were to leave questions which do not relate to me blank, or should I print it out and write "N/A" with ink before sending it out?
Sm1smom
Super Moderator
1. You signing the form yourself with someone else’s information is fraud, don’t do it. I don’t see what the hassle is with the document being printed and mailed anywhere within the US, should that be necessary. However the good news is with the scanned version is acceptable if they’re unable to mail it to you.
2. You can download the form and handprint N/A in those sections. Alternatively, you can disable JavaScript on the form if you prefer to type it out.
Sm1smom
Super Moderator
The USCIS # on the EAD card is your non immigrant A#, you can either write it on the sections asking for your A# or leave it off the form completely. Serves no purpose writing it out as a note on the last page of your form, I wouldn’t recommend that.