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DV 2023 AOS (Adjustment of Status) Only

Sm1smom said:
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.
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Thanks mom for an honest reply. I appreciate it.

Nevertheless, I will definitely give it a shot and i hope I’ll get lucky.
I didn’t quite understand how would my asylum case get approved like you’ve mentioned above if i get called for AOS Interview.

Thanks again
 
reeta.s said:
Thanks mom for an honest reply. I appreciate it.

Nevertheless, I will definitely give it a shot and i hope I’ll get lucky.
I didn’t quite understand how would my asylum case get approved like you’ve mentioned above if i get called for AOS Interview.

Thanks again
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I never said your asylum case could get approved if you get called for the AOS interview. I wrote about the possibility of the pending asylum case being approved (considering it's been pending for so long), while the DV based AOS application is still pending.
 
Hi Mom,
1- DV fee has been cashed, but I did not get the receipt yet. Can I proceed with it.
2- The max amount of money order is 1000$, so I will do a personal check as attached.
3- Please review it and comment if there anything needs to be updated.
4- USCIS needs my phone number to be added to the check. There is no space for it; where can I add it?
 

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afou2d85 said:
Hi Mom,
1- DV fee has been cashed, but I did not get the receipt yet. Can I proceed with it.
2- The max amount of money order is 1000$, so I will do a personal check as attached.
3- Please review it and comment if there anything needs to be updated.
4- USCIS needs my phone number to be added to the check. There is no space for it; where can I add it?
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1. You can proceed, or you can wait for the receipt - it is your call. To help you decide on what you to do, I suggest you take a look at the FAQ section of the AOS Process Spreadsheet.
2. Yes, maximum amount for a single money order is $1,000. You however can purchase two and put the rest of the amount on the second money order if you prefer using a money order. You can also use a personal check of course.
3. You can follow the guidance as provided in the How to Write Your Check section of the USCIS Filing Fees website
4. Adding a phone number to the check if it is not already pre-filled is not a must.
 
Sm1smom said:
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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Thank you for the response! I am a bit confused, as I thought an early filing is where you send package before your number is listed . When is the "normal time for filing" then? I would like to clarify again that I wanted to send package in April. And as the spreadsheet says- early filling is done prior to 30-60 days before my number is current.Thanks!
 
briansmith19950 said:
Thank you for the response! I am a bit confused, as I thought an early filing is where you send package before your number is listed . When is the "normal time for filing" then? I would like to clarify again that I wanted to send package in April. And as the spreadsheet says- early filling is done prior to 30-60 days before my number is current.Thanks!
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Early filing is not sending your package “before your number is listed” I just explained “early filing” in my response which you actually quoted. If you’re still confused as to the meaning of early filing, I suggest you take a look at the FAQ tab of the AOS Process Spreadsheet where this has been further explained with a link to the actual early filing memo itself.
 
briansmith19950 said:
Thank you for the response! I am a bit confused, as I thought an early filing is where you send package before your number is listed . When is the "normal time for filing" then? I would like to clarify again that I wanted to send package in April. And as the spreadsheet says- early filling is done prior to 30-60 days before my number is current.Thanks!
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From my understanding, we are expecting your CN to be current in May, which would be available in the March Visa Bulletin. So if you were to send your application in April, you would be categorized under "early-filing", given that you would be only a month away from your case number being current at that time.

But if you sent it out today (60+ days from your CN current date), you would not qualify for "early-filing" privileges.
 
Hi @Sm1smom,

I have a question about financial supporting documents and public charge. If you would have time to answer you will save us.

We came to the USA with my wife and two young children in April 2022 as refugees (humanitarian parole) fleeing the war in Ukraine.

Ukrainians fleeing war and received humanitarian parole are eligible for benefits and are not subject to the public charge rule based on 401(b)(1) Additional Ukraine Supplemental Appropriations Act, 2022.
Public Charge Ground of Inadmissibility, Final Rule
Additional Ukraine Supplemental Appropriations Act, 2022

It was a difficult year, and we waited 7 months for work permits. We needed help, so we took help from the state in the form of TANF, FOODSTAMPS and MEDICAL. But as soon as we learned about the concept of public charge, we immediately abandoned TANF (we were receiving TANF 2 months). CALFRESH was received until December. And we still get Medical because the income does not allow us to refuse yet. Now the I-485 form includes a section about public charge and I suppose we need to fill it because we do adjustment of status based on DV lottery and not on refugee/asylum status. Maybe we can add letter why we use benefits or add something else that will convince the officer we will not do this again in the future?

The case is difficult and we want to do our best to increase our chances of getting a green card. My wife have already found a job (~43000$/year for family 2 kids and 2 adults) but I am still looking for a job. We didn't file taxes yet. Theoretically we can ask friend to file I-134 for us but will it work in our case or will it only get worse.

Thank you for any advice!
 
Hello, my case number is EU24xxx. I am currently on an F1 Visa. I have received a letter from KCC on September starting with this line:
Thank you for informing us that you plan to apply for adjustment of status with U.S. Citizenship and Immigration
Services (USCIS)., and they had attached the administrative fee form.

-Does this mean they are aware that I am going for adjustment of status?

So far I have received the administrative fee receipt and I did the medical exam. I am waiting for the doctor to send I-693 back to me. I had a couple of questions

- Do I include the sealed envelope from my doctor to my AOS package or send it separately?
- My case number gets active in march. Should I send my package on March 1st or around the first week of march?
-How do you know where is your lock box? Does it depend on the location?
-If I call USCIS would they answer and have a conversation through phone? \

Thanks in advance.
 
teyura said:
Hi @Sm1smom,

I have a question about financial supporting documents and public charge. If you would have time to answer you will save us.

We came to the USA with my wife and two young children in April 2022 as refugees (humanitarian parole) fleeing the war in Ukraine.

Ukrainians fleeing war and received humanitarian parole are eligible for benefits and are not subject to the public charge rule based on 401(b)(1) Additional Ukraine Supplemental Appropriations Act, 2022.
Public Charge Ground of Inadmissibility, Final Rule
Additional Ukraine Supplemental Appropriations Act, 2022

It was a difficult year, and we waited 7 months for work permits. We needed help, so we took help from the state in the form of TANF, FOODSTAMPS and MEDICAL. But as soon as we learned about the concept of public charge, we immediately abandoned TANF (we were receiving TANF 2 months). CALFRESH was received until December. And we still get Medical because the income does not allow us to refuse yet. Now the I-485 form includes a section about public charge and I suppose we need to fill it because we do adjustment of status based on DV lottery and not on refugee/asylum status. Maybe we can add letter why we use benefits or add something else that will convince the officer we will not do this again in the future?

The case is difficult and we want to do our best to increase our chances of getting a green card. My wife have already found a job (~43000$/year for family 2 kids and 2 adults) but I am still looking for a job. We didn't file taxes yet. Theoretically we can ask friend to file I-134 for us but will it work in our case or will it only get worse.

Thank you for any advice!
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As a refugee, you are exempt from the public charge rule. The totality of the circumstances will be applied when reviewing your AOS application. I recommend you get an I-134 (plus applicable supporting documents from the sponsor). Include that, in addition to your wife's job offer letter with your AOS package. I don't see a need for some letter explaining your use of public benefits or a promise stating you will no use those resources again in the future - the letter bears no weight IMHO.
 
Mira22 said:
Hello, my case number is EU24xxx. I am currently on an F1 Visa. I have received a letter from KCC on September starting with this line:
Thank you for informing us that you plan to apply for adjustment of status with U.S. Citizenship and Immigration
Services (USCIS)., and they had attached the administrative fee form.

-Does this mean they are aware that I am going for adjustment of status?

So far I have received the administrative fee receipt and I did the medical exam. I am waiting for the doctor to send I-693 back to me. I had a couple of questions

- Do I include the sealed envelope from my doctor to my AOS package or send it separately?
- My case number gets active in march. Should I send my package on March 1st or around the first week of march?
-How do you know where is your lock box? Does it depend on the location?
-If I call USCIS would they answer and have a conversation through phone? \

Thanks in advance.
Click to expand...
1. Yes.
2. Include the sealed envelope with the AOS package.
3. Either is fine.
4. Your lockbox is based on the State you are filing from. Take a look at the USCIS Lockbox Filing Location to find the address for your State:
www.uscis.gov

USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms | USCIS

www.uscis.gov
5. Not really.

p.s. spend some quality time going over the AOS Process Spreadsheet to enhance your understanding of the steps involved with the process.
p.s. use actual numbers when you have multiple questions in a post.
 
hello! My case will become current in March 2023. I am currently on F1 visa. I graduate in May 2023. I would like to file for AOS but I was wondering should I file for OPT as well just so that I can remain in status after graduating just in case of a long processing timeline for the AOS?
 
abc1 said:
hello! My case will become current in March 2023. I am currently on F1 visa. I graduate in May 2023. I would like to file for AOS but I was wondering should I file for OPT as well just so that I can remain in status after graduating just in case of a long processing timeline for the AOS?
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Yes you should.
 
Sm1smom said:
Yes you should.
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Got it! Thank youu!! Is there anything I need to keep in mind or be cautious about as I make both applications? And something totally unrelated- including proof of a financial sponsor is optional as an F1 student for AOS is optional, right?
 
abc1 said:
Got it! Thank youu!! Is there anything I need to keep in mind or be cautious about as I make both applications? And something totally unrelated- including proof of a financial sponsor is optional as an F1 student for AOS is optional, right?
Click to expand...
Not doing anything to jeopardize current status, such as undertaking unauthorized employment or using an AOS based benefit (such as AOS based AP or EAD), are things to keep in mind.

Including proof of a financial sponsor is optional (for all applicants, not just F1 students), if you have some other means of demonstrating you’re unlikely to become a public charge.
 
Sm1smom said:
Not doing anything to jeopardize current status, such as undertaking unauthorized employment or using an AOS based benefit (such as AOS based AP or EAD), are things to keep in mind.

Including proof of a financial sponsor is optional (for all applicants, not just F1 students), if you have some other means of demonstrating you’re unlikely to become a public charge.
Click to expand...
Can I begin to work with my OPT if my AOS application will still be pending after graduating in May 2023?
 
1. For biometric appointment, it asks me to bring photo id so will my passport work ?
2. It says code 3, what does that mean do I need to take photograph or anything else too ?
 
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