DV 2025 AOS (Adjustment of Status) Process Only

[Xmb]

Form 1040NR is a variation of Form 1040, which taxpayers use to file their Annual Tax Return. This variation is for individuals who are not American citizens and who do not pass the Substantial Presence Test. If you feel there's an issue with your previously filed tax return, you can file a tax amendment to address it, or can choose to ignore it.

Amended return is ready and will be mailed today.
On F-1, an individual is “exempt” from counting days towards substantial presence, so the correct form is 1040-NR.

1. I was wondering about the experience regarding such mistakes, can USCIS make an issue out of that or even deny?

2. The amended return will most certainly not be processed by the time of filing for AOS. Do we just send the tax transcript stating 1044 was filled, or the transcript and a printout of the amended return we sent to IRS to show the mistake is being corrected?

 

[Sm1smom]

Amended return is ready and will be mailed today.
On F-1, an individual is “exempt” from counting days towards substantial presence, so the correct form is 1040-NR.

1. I was wondering about the experience regarding such mistakes, can USCIS make an issue out of that or even deny?

2. The amended return will most certainly not be processed by the time of filing for AOS. Do we just send the tax transcript stating 1044 was filled, or the transcript and a printout of the amended return we sent to IRS to show the mistake is being corrected?

1. I haven’t monitored how big of an issue it could be or if USCIS has denied any case due to tax related issues. I simply recommend for anyone with tax related issues to ensure they fix those and leave it at that from my end.

2. I’ll leave it to you to use your own discretion on this.

 

[mzo]

Yes our case number is current in October.
Thanks for your wishes.

As you all advised, below 18 years old is minors and I feel safe for previous 9 days that he attend.
He is really wanting to go school since he can play with kids. He loves school.

I am thinking whether to send him school in this September or wait until our AOS complete.

May

Hello Mom and Susie

I have decided to proceed AOS by myself after running through all the spreadsheet and upon all you advices.
I have paid DV fee and arrange medical and preparing all the documents to send by 1st Oct 24 since current visa number is on October 24.
I do update the spreadsheets too

But I am not sure how to fill up the Public Charge section. Since we are on B2 Visa, we do not have current employment in US and we are taking long vacation leave from native country company. Thus, we do bring some amount of money and keep in US Bank since we decide to stay longer for AOS process.

If that's the case, what should I answer? Yes or No.
If Yes,
- For indicate the household income, we do have the prior employment history and pay slips before we came to US.
- For household assets, we do have house in native country. Do we have to show prove of documents since we did not bring and it's complicated due to our country nature.
- Instead can we show our US Bank Statements for both me and my husband?

Many thanks for your kindness.
Regards,
May

 

[Sm1smom]

Hello Mom and Susie

I have decided to proceed AOS by myself after running through all the spreadsheet and upon all you advices.
I have paid DV fee and arrange medical and preparing all the documents to send by 1st Oct 24 since current visa number is on October 24.
I do update the spreadsheets too

But I am not sure how to fill up the Public Charge section. Since we are on B2 Visa, we do not have current employment in US and we are taking long vacation leave from native country company. Thus, we do bring some amount of money and keep in US Bank since we decide to stay longer for AOS process.

If that's the case, what should I answer? Yes or No.
If Yes,
- For indicate the household income, we do have the prior employment history and pay slips before we came to US.
- For household assets, we do have house in native country. Do we have to show prove of documents since we did not bring and it's complicated due to our country nature.
- Instead can we show our US Bank Statements for both me and my husband?

Many thanks for your kindness.
Regards,
May

1. Answer YES to the Public Charge question.
2. Household income is about US based income.
3. Asset section is about US based assets
4. You can use only your US bank statements, if you have a substantial amount in it to show you're not likely to become a public. Otherwise, look into finding a USC or LPR to provide you with the I-134.

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

 

[s_l_i_m]

I think Medical Exam section of the AOS process spreadsheet is quite clear on this as it says “Required only if medical exam is done during Flu season (Oct. 1 - Mar. 31st)”

Hi @Sm1smom!

I began my medical exam today, and the civil surgeon identified the vaccines I’m missing, asking me to update them. These include the COVID vaccine, for which I received 2 doses in 2021. However, as I learned from this forum, a booster shot is required, even though the CDC only recommends it. The civil surgeon explained that my medical exam might be requested for resubmission if I refuse the booster now.

What’s even more confusing is that the surgeon also said the flu vaccine is required, even though it's not October yet. He explained that the requirement depends on the vaccine’s availability, which typically doesn't occur during the summer. However, since the flu vaccine is already available, it’s now required. This aligns with the CDC’s guidelines, which state: "The influenza vaccine is required when available in the United States."

Based on your knowledge and experience, what are the chances of my I-693 being rejected or returned for not having the flu vaccine administered in September, especially since it’s already widely available in my state (I checked at CVS, and they are offering it)? Are there any known cases of such rejections historically?

 

[Sm1smom]

Hi @Sm1smom!

I began my medical exam today, and the civil surgeon identified the vaccines I’m missing, asking me to update them. These include the COVID vaccine, for which I received 2 doses in 2021. However, as I learned from this forum, a booster shot is required, even though the CDC only recommends it. The civil surgeon explained that my medical exam might be requested for resubmission if I refuse the booster now.

What’s even more confusing is that the surgeon also said the flu vaccine is required, even though it's not October yet. He explained that the requirement depends on the vaccine’s availability, which typically doesn't occur during the summer. However, since the flu vaccine is already available, it’s now required. This aligns with the CDC’s guidelines, which state: "The influenza vaccine is required when available in the United States."

Based on your knowledge and experience, what are the chances of my I-693 being rejected or returned for not having the flu vaccine administered in September, especially since it’s already widely available in my state (I checked at CVS, and they are offering it)? Are there any known cases of such rejections historically?

I think the question you should be asking is will the CS be willing to sign off on your I-693 if those two mentioned vaccines are not included on your report? Unfortunately, I don't provide an analysis of what the chances are with something happening or not happening. So you can ask yourself how risk averse you are and make you own decision if you will be going with the CS's recommendations or not.

 

[SusieQQQ]

Hi @Sm1smom!

I began my medical exam today, and the civil surgeon identified the vaccines I’m missing, asking me to update them. These include the COVID vaccine, for which I received 2 doses in 2021. However, as I learned from this forum, a booster shot is required, even though the CDC only recommends it. The civil surgeon explained that my medical exam might be requested for resubmission if I refuse the booster now.

What’s even more confusing is that the surgeon also said the flu vaccine is required, even though it's not October yet. He explained that the requirement depends on the vaccine’s availability, which typically doesn't occur during the summer. However, since the flu vaccine is already available, it’s now required. This aligns with the CDC’s guidelines, which state: "The influenza vaccine is required when available in the United States."

Based on your knowledge and experience, what are the chances of my I-693 being rejected or returned for not having the flu vaccine administered in September, especially since it’s already widely available in my state (I checked at CVS, and they are offering it)? Are there any known cases of such rejections historically?

Bottom line, the civil surgeon is the one who ultimately decides what you need. He’s following the CDC guidelines, which I am quite certain he understands better than you do. And as sm1smom says, he may simply refuse to sign as by law he is only supposed to sign it after you have the required vaccinations. You clearly don’t have a moral issue with vaccinations, and there is already wide availability to get a Covid booster + flu shot (same appointment) so…why don’t you just get it done rather than risk rejection?

 

[Yousafzai]

Hello mom.

I got my medical examination done, my CS suggested me to get 3 vaccines which i was missing. I wanted to ask.

1. In my I-693, its asking me my ‘alien registration number’ my CS asked for my EAD card and wrote the ‘USCIS#’ number present on it. Is it supposed to be empty or The CS did it correct?

2. During my Interview will my IO ask me about the whole series of the vaccines or initial doses are sufficient?

 

[Sm1smom]

Hello mom.

I got my medical examination done, my CS suggested me to get 3 vaccines which i was missing. I wanted to ask.

1. In my I-693, its asking me my ‘alien registration number’ my CS asked for my EAD card and wrote the ‘USCIS#’ number present on it. Is it supposed to be empty or The CS did it correct?

2. During my Interview will my IO ask me about the whole series of the vaccines or initial doses are sufficient?

1. What the CS did is fine.
2. Initial doses are sufficient for immigration purpose. However, be sure to complete the remaining doses as at when due on your own.

 

[Yousafzai]

Thank you for your guidance, i also wanted to ask about my COVID shot, i was vaccinated in 2022 (2 Doses) my CS did not ask me to get any booster, however she kept a copy of my old covid vaccination record. What is your opinion mom?

 

[Sm1smom]

Thank you for your guidance, i also wanted to ask about my COVID shot, i was vaccinated in 2022 (2 Doses) my CS did not ask me to get any booster, however she kept a copy of my old covid vaccination record. What is your opinion mom?

I’m sorry I have no opinion on this.

 

[Sm1smom]

USCIS LOCKBOX LOCATION/ADDRESS

Pre-emptively putting up this post in anticipation of folks that will soon be asking about the lockbox address information. Use the below table to determine which USCIS lockbox you should send DV based AOS package based on where you live. I realize the table says "certain family-based...", please note DV based cases also fall under this category.

 

[zhamkhalilov]

Hi, I have a question. the visa bulletin updates every 9th date of a month, I am assuming my case will be current on the Advance Notification section for November, so do I mail my package as soon as I see it on that website?

 

[Sm1smom]

Hi, I have a question. the visa bulletin updates every 9th date of a month, I am assuming my case will be current on the Advance Notification section for November, so do I mail my package as soon as I see it on that website?

Snippet from the "AOS Process" tab/sheet of the AOS Process Spreadsheet:



You should also take a look at the FAQ Section of the AOS Process Spreadsheet.

p.s. the VB doesn't always update on the 9th of every month; could be earlier, could be later than the 9th.

 

[azatinusa]

F1 student here again. I expect to be current In Feb/March 2025. As a student, I basically have no money, not working, and no family in the U.S. :-( Of course, I will need a sponsor. QUESTIONS: 1. can my parents, right now, deposit some "magic" amount in my U.S. bank account so that USCIS will be satisfied that a I-134 sponsor would NOT be needed? 2. If this is possible, what red flags to watch out for (like, does USCIS want to see the transaction history...i.e., money should be in the account 6+ months before applying)?

 

[Sm1smom]

F1 student here again. I expect to be current In Feb/March 2025. As a student, I basically have no money, not working, and no family in the U.S. :-( Of course, I will need a sponsor. QUESTIONS: 1. can my parents, right now, deposit some "magic" amount in my U.S. bank account so that USCIS will be satisfied that a I-134 sponsor would NOT be needed? 2. If this is possible, what red flags to watch out for (like, does USCIS want to see the transaction history...i.e., money should be in the account 6+ months before applying)?

USCIS utilizes what is know as totality of circumstance in making a determination as to if someone is likely to become a public charge. A 17 year old student, with no income presenting a bank a/c with some sudden "magic" amount is not likely to pass the smell test IMO.

 

[tnisplyr]

1. Answer YES to the Public Charge question.
2. Household income is about US based income.
3. Asset section is about US based assets
4. You can use only your US bank statements, if you have a substantial amount in it to show you're not likely to become a public. Otherwise, look into finding a USC or LPR to provide you with the I-134.

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

Sm1mom, regarding substancial amount do you have any estimate or range ? Best Regards

 

[Sm1smom]

Sm1mom, regarding substancial amount do you have any estimate or range ? Best Regards

I usually stay away from giving folks who ask this question an estimate. Going forward, I can say maybe a saving equivalent to the applicable 125% poverty guideline level could be considered.

2024 HHS Poverty Guidelines for Affidavit of Support

Use the HHS Poverty Guidelines to complete Form I-864, Affidavit of Support Under Section 213A of the INA.

www.uscis.gov

 

[mzo]

1. Answer YES to the Public Charge question.
2. Household income is about US based income.
3. Asset section is about US based assets
4. You can use only your US bank statements, if you have a substantial amount in it to show you're not likely to become a public. Otherwise, look into finding a USC or LPR to provide you with the I-134.

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

Many thanks and noted.

Last questions for my doubt and worry for our valid status.

1. Our B2 Visa will expire on Nov 20th 2024 and package will deliver to reach by 1st Oct 2024.
Can our AOS decision will affect due to out of status If our interview schedule is after our B2 expiration?
2. Since our country is valid for TPS application now, although it will not approve before Nov 20th 2024, should we also try TPS?

Always thanks for your time and suggestions.
Regards,
May

 

[Sm1smom]

Many thanks and noted.

Last questions for my doubt and worry for our valid status.

1. Our B2 Visa will expire on Nov 20th 2024 and package will deliver to reach by 1st Oct 2024.
Can our AOS decision will affect due to out of status If our interview schedule is after our B2 expiration?
2. Since our country is valid for TPS application now, although it will not approve before Nov 20th 2024, should we also try TPS?

Always thanks for your time and suggestions.
Regards,
May

1. It shouldn't.
2. It wouldn't be a bad idea to do so now, to ensure you have a fall back status in case your AOS application gets rejected or denied.