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DV 2023 AOS (Adjustment of Status) Only

Totoy said:
Thanks for taking the time to reply my message. In his first correspondence, the IO indicated that he reached out to KCC however he did not reach any satisfaction (his own words, I am guessing that means he did not hear back). However his second correspondence was that he was not allowed to reach out to KCC, but I can reach out to them. That informed my first correspondence to KCC requesting that my KCC file be transferred to mu local uscis office only to be told that since I adjusting status in US, KCC cannot continue to process my file and that USCIS has to continue. This morning, I recent KCC an email and I included the correspondence from the IO. I am waiting to see if I get any better response. I guess I will keep doing this till the IO gets the KCC file to continue my case. My worry is that I have not even received BM appointment and yet I am facing KCC transfer issues.
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The IO does not seem to know what he’s doing in that case. His claim about not being allowed to reach out to KCC is ridiculous! Which FO has jurisdiction over your case by the way?

Having not yet received the bio notice is not an issue IMO, considering USCIS received your package like two weeks ago? The NBC is yet to schedule the appointment in that case. I have to say I’m surprised though your FO already got your AOS file, assigned the case to an IO, and this IO already contacted the KCC twice within those two/three weeks? Quite intriguing to say the least!

Care to forward the two correspondence by email to me for review?
 
Sm1smom said:
The IO does not seem to know what he’s doing in that case. His claim about not being allowed to reach out to KCC is ridiculous! Which FO has jurisdiction over your case by the way?

Having not yet received the bio notice is not an issue IMO, considering USCIS received your package like two weeks ago? The NBC is yet to schedule the appointment in that case. I have to say I’m surprised though your FO already got your AOS file, assigned the case to an IO, and this IO already contacted the KCC twice within those two/three weeks? Quite intriguing to say the least!

Care to forward the two correspondence by email to me for review?
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I just sent you all the correspondence to you personally. Thanks
 
Hi @Sm1smom

My wife is the primary winner and she doesn't have any source of income and hasn't filed any taxes before. Should I file form I-134 for her and make myself her sponsor? I'm employed through my university and have my paystubs, W2 form, and job contract in my application. Are those documents sufficient in my application or do I still need to submit them with the I-134 form in her application?

Thank you so much!
 
AA17 said:
Hi @Sm1smom

My wife is the primary winner and she doesn't have any source of income and hasn't filed any taxes before. Should I file form I-134 for her and make myself her sponsor? I'm employed through my university and have my paystubs, W2 form, and job contract in my application. Are those documents sufficient in my application or do I still need to submit them with the I-134 form in her application?

Thank you so much!
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Your income and financial documents will be treated as her income/financial documents as your dependent even though she is the main DV selectee and you are her derivative.
 
Hi @Sm1smom!

My (J1 graduate student) partner (J2, has EAD, also a graduate student a.t.m.) won DV lottery. Our CN becomes current in April, and we are thinking to submit AOS application. We are supposed to graduate in the summer of 2024 (exactly when our DS-2019 is set to expire).

I've read through the AOS spreadsheet, and there is one aspect that is not clear to me.
What happens to our status if our AOS gets denied? I see that if one has an OPT, then they fall back to their OPT, but we are still way before OPT.

Thank you!
 
justwonit said:
Hi @Sm1smom!

My (J1 graduate student) partner (J2, has EAD, also a graduate student a.t.m.) won DV lottery. Our CN becomes current in April, and we are thinking to submit AOS application. We are supposed to graduate in the summer of 2024 (exactly when our DS-2019 is set to expire).

I've read through the AOS spreadsheet, and there is one aspect that is not clear to me.
What happens to our status if our AOS gets denied? I see that if one has an OPT, then they fall back to their OPT, but we are still way before OPT.

Thank you!
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You don’t fall back to any status. You remain in whatever status you were in prior to filing for AOS as long as that status remains valid, and you’ve not taken any action such as using an AOS based EAD or AP while AOS application is pending as doing so makes you fall out of that previous status and you don’t get to fall back into it if the AOS application is denied for some reason.
 
Sm1smom said:
You don’t fall back to any status. You remain in whatever status you were in prior to filing for AOS as long as that status remains valid, and you’ve not taken any action such as using an AOS based EAD or AP while AOS application is pending as doing so makes you fall out of that previous status and you don’t get to fall back into it if the AOS application is denied for some reason.
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So, as long as we do not submit I-131 and/or i-765 with our AOS package we remain in our respective J1/J2, right?
 
Hi @Sm1smom and thank you for the work you do!

If you have time I would like to ask a few questions about my case.

I have visa number 28*** and I hope the number will become current in April or May. But my current "status" (Humanitarian parole) ends on 21st of April. I am afraid whether I will have time to receive a notice of action from USCIS before 21st April.

My question is that if I file I-485 and receive NOA will this be count as legal presence or do I have to be in legal status until I get my green card?
 
justwonit said:
So, as long as we do not submit I-131 and/or i-765 with our AOS package we remain in our respective J1/J2, right?
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As long as you do not use an AOS based EAD and/or AP to work or travel, you remain in your current status for as long it is currently valid. Big difference between submitting/applying and using.
 
teyura said:
Hi @Sm1smom and thank you for the work you do!

If you have time I would like to ask a few questions about my case.

I have visa number 28*** and I hope the number will become current in April or May. But my current "status" (Humanitarian parole) ends on 21st of April. I am afraid whether I will have time to receive a notice of action from USCIS before 21st April.

My question is that if I file I-485 and receive NOA will this be count as legal presence or do I have to be in legal status until I get my green card?
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The NOA will be enough for demonstrating you're in "adjustment pending" status (an authorized stay pending the outcome of the AOS application). Note, you will have no authorized stay/status to fall back on if the AOS application gets denied (after your HP has expired) for some unfortunate reason though.
 
Sm1smom said:
The NOA will be enough for demonstrating you're in "adjustment pending" status (an authorized stay pending the outcome of the AOS application). Note, you will have no authorized stay/status to fall back on if the AOS application gets denied (after your HP has expired) for some unfortunate reason though.
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Thank you!

My wife, who is the main selectee, received two J1 visas in the past but never came to the US based on them (she was unable to come due to her health in one case and have not been selected for participation in sponsor program in other case). Does she need to include to AOS package Forms IAP-66 and/or Forms DS-2019, which she doesn’t have and doesn’t know where to get them?
 
teyura said:
Thank you!

My wife, who is the main selectee, received two J1 visas in the past but never came to the US based on them (she was unable to come due to her health in one case and have not been selected for participation in sponsor program in other case). Does she need to include to AOS package Forms IAP-66 and/or Forms DS-2019, which she doesn’t have and doesn’t know where to get them?
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The instruction says: "If you previously held or currently hold J-1 (principal) or J-2 (dependent) nonimmigrant exchange visitor status, you must submit copies of all relevant Forms IAP-66 and/or Forms DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, ever issued to you (if available)." If you use never used the J1 visas to enter the US, she never held a J1 status in that case (even though she had the visa). So no, she is not required to include Forms IAP-66 and/or Forms DS-2019 with her AOS package IMO.
 
Hi need help! I paid fee of 330 dollars but haven't received receipt from KCC. It's been now two weeks. I am actively checking the tracking number for the return mail I sent but it says the label is created but not in the system yet.

This morning I got email from KCC stating that I can apply for adjustment of status and sent me 'adjustment letter'. I emailed them and they responded that ' your adjustment of status receipt' was sent to current postal address today. Do they mean the payment receipt was sent today? If so, why I am not able to view the tracking number.
 
Hello mom, hope you’re doing well.

As per USCIS policy manual Pursuant to INA 245(c X2), an applicant's failure to maintain lawful immigration status or violation of nonimmigrant status may be excused only for the particular period of time under consideration if the applicant's failure to maintain status was through no fault of his or her own or for technical reasons.

Could you please help me figure out if my case is eligible to apply for AOS

Class : B1/B2
Date of Entry: 2015 September 27
Admit Until Date: 03/26/2016

Applied for asylum :03/23/2016

USCIS received the package : 03/28/2016

USCIS sent back the package due missing photocopies of i589.

Submitted all documents and got the receipt letter with 05/02/2016 as received date.

I have documents and proof showing I’ve filed for asylum before my 6 months visa expires.

Do you recommend i should give it a try coz it’s been 7 years I haven’t had a single interview yet.


Thanks
Reeta
 
Merobau said:
Hi need help! I paid fee of 330 dollars but haven't received receipt from KCC. It's been now two weeks. I am actively checking the tracking number for the return mail I sent but it says the label is created but not in the system yet.

This morning I got email from KCC stating that I can apply for adjustment of status and sent me 'adjustment letter'. I emailed them and they responded that ' your adjustment of status receipt' was sent to current postal address today. Do they mean the payment receipt was sent today? If so, why I am not able to view the tracking number.
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Two weeks is not enough to start panicking. Exercise some patience for the payment receipt to show up (yes, I know you have a tracker for the return mail which is not yet showing up as active even though KCC says they mailed out the receipt to you 'today')
 
reeta.s said:
Hello mom, hope you’re doing well.

As per USCIS policy manual Pursuant to INA 245(c X2), an applicant's failure to maintain lawful immigration status or violation of nonimmigrant status may be excused only for the particular period of time under consideration if the applicant's failure to maintain status was through no fault of his or her own or for technical reasons.

Could you please help me figure out if my case is eligible to apply for AOS

Class : B1/B2
Date of Entry: 2015 September 27
Admit Until Date: 03/26/2016

Applied for asylum :03/23/2016

USCIS received the package : 03/28/2016

USCIS sent back the package due missing photocopies of i589.

Submitted all documents and got the receipt letter with 05/02/2016 as received date.

I have documents and proof showing I’ve filed for asylum before my 6 months visa expires.

Do you recommend i should give it a try coz it’s been 7 years I haven’t had a single interview yet.


Thanks
Reeta
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You were already out of status as at the time USCIS accepted your asylum application. The clause about failure to maintain status was through no fault of of the applicant or for technical reasons is not applicable in your case - your original package sent on 03/23/2016 was an incomplete package which got rightly rejected. And even if the original package was complete, and not rejected, it was received on 03/28/2016 - two days after you had gone out of status. So you did not fall out of status or failed to maintain status through no fault of yours or for technical reasons.

In terms of if you should proceed with a DV based AOS application or not, I wouldn't discourage it, if you can afford it of courses, knowing the application could end up being denied for not having a valid status to AOS from. At the same time, your asylum application could end up being approved while your DV based AOS application is pending - which will effectively nullify the out of status issue in that case.
 
Hello everyone. Quick question. According to the newest VB prediction for Apr 2022 cutoff number for EU is 30k. My number is in 306xx. If i send package in April, will it be considered as an early filling? Do I need to put the note in the package that this would be an early filling?
Thank you
 
briansmith19950 said:
Hello everyone. Quick question. According to the newest VB prediction for Apr 2022 cutoff number for EU is 30k. My number is in 306xx. If i send package in April, will it be considered as an early filling? Do I need to put the note in the package that this would be an early filling?
Thank you
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Your CN has to be below the listed cutoff number on the VB in order to be considered early filing. EU30,6XX is above the EU30,000 cut off for April, so you’re not eligible to file even as early filing in that case.
 
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