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DV 2025 AOS (Adjustment of Status) Process Only

Kyawminkhant13 said:
What is like the worst scenarios of the violation of F1 like my case?
working on EAD based on TPS is also the same violation of F1 like asylum while active the F1 visa?
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1. Again, go talk to an experienced immigration lawyer.
2. Using a TPS based EAD is not a violation of F1 status because (a) your TPS needs to be approved before you can obtain a TPS based EAD (if I’m not mistaken), and (b) your new status becomes TPS (which is a valid status on its own), and not F1 at that point. Asylum pending however is not a valid status, it is merely a holding pattern that prevents the person with the pending asylum from accruing an illegal presence (if they have no other valid status while their asylum application is pending). Therefore using an asylum pending EAD card is a violation of F1 status.
 
Sm1smom said:
You do realize there’s an obligation to do so on your I-485 though as both income and value of assets,+ household liabilities must be declared on that firm, it is not optional. And if you’re already declaring your assets on the I-485, I don’t see what the issue is with the I-134.

Anyway, you can declare whatever you wish to declare, or simply stop over analyzing and provide the response to the questions being asked. Your case, your call.
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Thank you for taking the time to reply. I understand my obligation on the I-485.

1. Is there a requirement for how current the form must have been signed before submitting?

2. Does part 4 on the I-134 need to be filled in any way, like contact information, signature, all N/A or simply empty? Resources I found provided different information on this even when filled on behalf.

3. Must the original, wet signed I-134 be submitted with supporting documents only for the main, or does derivate get a photocopy?
 
I found a sponsor for I-134 :D

a couple of questions on the I-134 beneficiary side:

1. In the anticipated length of stay section, what date should I put under "To:"
2. I'm not sure what my (beneficiary) income should be. In 2023, I made 6,500 from my on-campus job. This year, I interned for 3 months and made 12K. Currently, I'm unemployed.

Thank you in advance
 
omarsn93 said:
I found a sponsor for I-134 :D

a couple of questions on the I-134 beneficiary side:

1. In the anticipated length of stay section, what date should I put under "To:"
2. I'm not sure what my (beneficiary) income should be. In 2023, I made 6,500 from my on-campus job. This year, I interned for 3 months and made 12K.

Thank you in advance
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1. You put the month your CN is current as from and no end date.
 
Xmb said:
Thank you for taking the time to reply. I understand my obligation on the I-485.

1. Is there a requirement for how current the form must have been signed before submitting?

2. Does part 4 on the I-134 need to be filled in any way, like contact information, signature, all N/A or simply empty? Resources I found provided different information on this even when filled on behalf.

3. Must the original, wet signed I-134 be submitted with supporting documents only for the main, or does derivate get a photocopy?
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1. Close enough to when it is being submitted.
3. Either way is fine.
 
omarsn93 said:
yeah, but I'm submitting my W2 and tax transcript too so putting 0 doesn't make much sense, I don't know.
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If you’re not currently working, your current income is zero. W2 and tax transcript are reflective of past income, not current income.
 
Sm1smom said:
If you’re not currently working, your current income is zero. W2 and tax transcript are reflective of past income, not current income.
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Thank you. My sponsor is in a different state. Can he sign the form, scan it, and email it to me, or must it be mailed?
 
Hello mom.

Im on F1 OPT right now. I have 3 i20’s, i took an initial transfer out from the school i came to the united States
-The I20 from the school i came on.
- the i20 from the school i studied a quarter.
- The i20 where i completed my masters.

Do i include all the transfer Forms with SEVIS release date from the DSO’s in my AOS package to show my transfers were well within the 30 day window? Do you suggest me to include any other documents with my package? Need your suggestion.
 
1. Part 2 #13 total number of dependends for household of two = 1, correct?
2. Assets table - same value for current cash value and TOTAL, correct?
3. Part 3 #8 does a naturalized citizen still have an A number, and if yes, relevant here?
 
Hi everybody and thank you so much for the useful information. I'm struggling to decide whether it would make more sense for me to process through AOS or CP, so I'm hoping that I can get some thoughts from the experts @Britsimon and @Sm1smom here. I hope that these questions are not too bothersome, I know that in the end it's all a personal decision but hopefully your insight helps me out.

I'm leaning more towards taking the CP path because it seems like a more straightforward path, puts less pressure on my side in terms of doing paperwork, makes me less dependent on my job (what if I'm very unlucky and I loose my job before the interview for whatever reason?) and my company allows me to work remotely from Spain so having to leave the country for a few months wouldn't be a problem in my case. Now, my main concerns regarding taking this path are:

1- Is there a higher risk of not getting scheduled an interview if I choose the CP option? I understand that it is impossible to predict what's better but I'm concerned of choosing the wrong option and hinder my chances. I have a CN relatively high (EU28XXX) and a delay in the processing might mean not getting the GC. My main worry is to be in a situation where my CN becomes current in June/July and then be frustrated because things take too long. Any recommendations regarding this? Would you say that one option is generally faster than the other or is this like tossing a coin?
2- Is it too late to take the CP path already? I haven't submitted my DS-260 yet for different reasons so I'm wondering if at this point it would just make more sense to do it through AOS.
3- If I choose the CP path, is there a way to reach the Embassy (after my CN becomes current) to make sure that my case gets scheduled sooner than latter? (I would be processing through the Embassy in Madrid).
4- Do you know how long would I have to stay out of the US if I choose this path? Is this a matter of a 1 or 2 months or could this take more than 6 months?
5- I see in the spreadsheet that I could be found inadmissible back into the US if the AP doesn't get cleared before the end of FY. I'm not sure if I understand this; would this be something permanent or temporary?

Thank you so much in advance for your help and sorry for the long post. I hope that these questions can help others in the future too.
 
Maximo Aurelio said:
Hi everybody and thank you so much for the useful information. I'm struggling to decide whether it would make more sense for me to process through AOS or CP, so I'm hoping that I can get some thoughts from the experts @Britsimon and @Sm1smom here. I hope that these questions are not too bothersome, I know that in the end it's all a personal decision but hopefully your insight helps me out.

I'm leaning more towards taking the CP path because it seems like a more straightforward path, puts less pressure on my side in terms of doing paperwork, makes me less dependent on my job (what if I'm very unlucky and I loose my job before the interview for whatever reason?) and my company allows me to work remotely from Spain so having to leave the country for a few months wouldn't be a problem in my case. Now, my main concerns regarding taking this path are:

1- Is there a higher risk of not getting scheduled an interview if I choose the CP option? I understand that it is impossible to predict what's better but I'm concerned of choosing the wrong option and hinder my chances. I have a CN relatively high (EU28XXX) and a delay in the processing might mean not getting the GC. My main worry is to be in a situation where my CN becomes current in June/July and then be frustrated because things take too long. Any recommendations regarding this? Would you say that one option is generally faster than the other or is this like tossing a coin?
2- Is it too late to take the CP path already? I haven't submitted my DS-260 yet for different reasons so I'm wondering if at this point it would just make more sense to do it through AOS.
3- If I choose the CP path, is there a way to reach the Embassy (after my CN becomes current) to make sure that my case gets scheduled sooner than latter? (I would be processing through the Embassy in Madrid).
4- Do you know how long would I have to stay out of the US if I choose this path? Is this a matter of a 1 or 2 months or could this take more than 6 months?
5- I see in the spreadsheet that I could be found inadmissible back into the US if the AP doesn't get cleared before the end of FY. I'm not sure if I understand this; would this be something permanent or temporary?

Thank you so much in advance for your help and sorry for the long post. I hope that these questions can help others in the future too.
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It’s ultimately your decision, but I would choose the AOS path. Just make sure to maintain your current status until you receive your physical green card.

Yes, the AOS process can be stressful, but in the end, it’s worth it.

Best of luck
 
Yousafzai said:
Hello mom.

Im on F1 OPT right now. I have 3 i20’s, i took an initial transfer out from the school i came to the united States
-The I20 from the school i came on.
- the i20 from the school i studied a quarter.
- The i20 where i completed my masters.

Do i include all the transfer Forms with SEVIS release date from the DSO’s in my AOS package to show my transfers were well within the 30 day window? Do you suggest me to include any other documents with my package? Need your suggestion.
Click to expand...
Not necessary, no need to include anything else.
 
Xmb said:
1. Part 2 #13 total number of dependends for household of two = 1, correct?
2. Assets table - same value for current cash value and TOTAL, correct?
3. Part 3 #8 does a naturalized citizen still have an A number, and if yes, relevant here?
Click to expand...
1&2. Please google how to fill the form.
3. Your sponsor, who is really supposed to fill out the form, should know the answer to this question.
 
Maximo Aurelio said:
Hi everybody and thank you so much for the useful information. I'm struggling to decide whether it would make more sense for me to process through AOS or CP, so I'm hoping that I can get some thoughts from the experts @Britsimon and @Sm1smom here. I hope that these questions are not too bothersome, I know that in the end it's all a personal decision but hopefully your insight helps me out.

I'm leaning more towards taking the CP path because it seems like a more straightforward path, puts less pressure on my side in terms of doing paperwork, makes me less dependent on my job (what if I'm very unlucky and I loose my job before the interview for whatever reason?) and my company allows me to work remotely from Spain so having to leave the country for a few months wouldn't be a problem in my case. Now, my main concerns regarding taking this path are:

1- Is there a higher risk of not getting scheduled an interview if I choose the CP option? I understand that it is impossible to predict what's better but I'm concerned of choosing the wrong option and hinder my chances. I have a CN relatively high (EU28XXX) and a delay in the processing might mean not getting the GC. My main worry is to be in a situation where my CN becomes current in June/July and then be frustrated because things take too long. Any recommendations regarding this? Would you say that one option is generally faster than the other or is this like tossing a coin?
2- Is it too late to take the CP path already? I haven't submitted my DS-260 yet for different reasons so I'm wondering if at this point it would just make more sense to do it through AOS.
3- If I choose the CP path, is there a way to reach the Embassy (after my CN becomes current) to make sure that my case gets scheduled sooner than latter? (I would be processing through the Embassy in Madrid).
4- Do you know how long would I have to stay out of the US if I choose this path? Is this a matter of a 1 or 2 months or could this take more than 6 months?
5- I see in the spreadsheet that I could be found inadmissible back into the US if the AP doesn't get cleared before the end of FY. I'm not sure if I understand this; would this be something permanent or temporary?

Thank you so much in advance for your help and sorry for the long post. I hope that these questions can help others in the future too.
Click to expand...
1. There’s always the risk of not getting scheduled for a CP interview, just like there’s always the risk of AOS application not getting adjudicated before the end of the FY. I can’t help you make the call for which risk is worth taking.
2. It’s not too late to do so.
3. You can’t influence when your case gets scheduled for a CP interview, if that was possible everyone would be doing the same thing.
4. Could be a couple weeks or several months.
5. Depends on what the inadmissible reason is.
 
Maximo Aurelio said:
Hi everybody and thank you so much for the useful information. I'm struggling to decide whether it would make more sense for me to process through AOS or CP, so I'm hoping that I can get some thoughts from the experts @Britsimon and @Sm1smom here. I hope that these questions are not too bothersome, I know that in the end it's all a personal decision but hopefully your insight helps me out.

I'm leaning more towards taking the CP path because it seems like a more straightforward path, puts less pressure on my side in terms of doing paperwork, makes me less dependent on my job (what if I'm very unlucky and I loose my job before the interview for whatever reason?) and my company allows me to work remotely from Spain so having to leave the country for a few months wouldn't be a problem in my case. Now, my main concerns regarding taking this path are:

1- Is there a higher risk of not getting scheduled an interview if I choose the CP option? I understand that it is impossible to predict what's better but I'm concerned of choosing the wrong option and hinder my chances. I have a CN relatively high (EU28XXX) and a delay in the processing might mean not getting the GC. My main worry is to be in a situation where my CN becomes current in June/July and then be frustrated because things take too long. Any recommendations regarding this? Would you say that one option is generally faster than the other or is this like tossing a coin?
2- Is it too late to take the CP path already? I haven't submitted my DS-260 yet for different reasons so I'm wondering if at this point it would just make more sense to do it through AOS.
3- If I choose the CP path, is there a way to reach the Embassy (after my CN becomes current) to make sure that my case gets scheduled sooner than latter? (I would be processing through the Embassy in Madrid).
4- Do you know how long would I have to stay out of the US if I choose this path? Is this a matter of a 1 or 2 months or could this take more than 6 months?
5- I see in the spreadsheet that I could be found inadmissible back into the US if the AP doesn't get cleared before the end of FY. I'm not sure if I understand this; would this be something permanent or temporary?

Thank you so much in advance for your help and sorry for the long post. I hope that these questions can help others in the future too.
Click to expand...
To add to what mom said:
1. This partly depends on your embassy and your field office. Britsimon may have more info, but I’m not aware of any delays at Madrid in scheduling interviews. The FO, you can get an idea from the timeline spreadsheets.
4. You will need to have your medical exam done in Spain if you interview there, this is country dependent (you can check with the panel doctor there) but usually you will need to be there approximately 1 week before the interview for the medical (note you will need your interview letter to schedule the medical) and then maybe up to a week or so after the interview to get your passport and visa back, assuming there are no complications (i.e. no need for AP). So a month would normally be more than adequate. I would not leave for Spain until you have an interview date.
5. Is there anything you have done that would lead to AP? Criminal record, travel to countries hostile to the US, etc? The vast majority of Western European applicants do not have to worry about AP.

as an aside, there are some other factors to think about. if you have ever been out of status (even for a day) you are ineligible to adjust status, but it will not be a problem for CP (as long as you don’t have a ban for overstay)., or any other factors you know about that may be a problem such as criminal record. The usual principle reason for doing aos is not disruption of work etc in the US,that doesn’t seem to be a problem for you. The usual rationale for choosing CP if you have the option is more certainty about interview timing and approval (since Covid obviously this doesn’t work for all embassies anymore so you should try find out if Madrid is running normally). Whereas aos sometimes people wait for many months after submission for interview, or weeks or months after that for card approval . The document requirements are a little different for each so also look at that (CP you need a police record, aos you need proof of maintaining status, income in the US etc).
I can’t really see a compelling reason personally one way or the other for you to choose, if it was me and the embassy was running normally I’d probably take the holiday at home + certainty of interview date route, others might prefer less disruption and stay in the US.
 
Hi Mom and DV family,

The FAQ mentions, "AOS is intended for people already residing in the US before the decision to file for AOS was made. Entering the US on a non-dual intent NIV with preconceived intent of filing for AOS is considered a fraudulent attempt at obtaining an immigration benefit."

I am a DV2025 lottery winner and currently on H1B. I plan to file I-485 with my husband when my CN AS15K becomes current. My husband is currently on F1 status, which will expire in January, after which he will return to his home country. He plans to apply for an H4 visa and re-enter the US around February or March.

Question 1:
Since the H4 visa allows for dual intent, will my husband face any issues during the H4 visa interview or at the port of entry when returning to the US? Should he declare any preconceived intent to file for AOS?

Question 2:
Given that completing the I-693 Medical Exam can be seen as showing immigration intent and the "60-Day Rule" has been removed, can we complete the medical exam now, or should we wait until after he re-enters the US on a valid H4 visa?

Thanks in advance for your advice!
 
fencer537 said:
Hi Mom and DV family,

The FAQ mentions, "AOS is intended for people already residing in the US before the decision to file for AOS was made. Entering the US on a non-dual intent NIV with preconceived intent of filing for AOS is considered a fraudulent attempt at obtaining an immigration benefit."

I am a DV2025 lottery winner and currently on H1B. I plan to file I-485 with my husband when my CN AS15K becomes current. My husband is currently on F1 status, which will expire in January, after which he will return to his home country. He plans to apply for an H4 visa and re-enter the US around February or March.

Question 1:
Since the H4 visa allows for dual intent, will my husband face any issues during the H4 visa interview or at the port of entry when returning to the US? Should he declare any preconceived intent to file for AOS?

Question 2:
Given that completing the I-693 Medical Exam can be seen as showing immigration intent and the "60-Day Rule" has been removed, can we complete the medical exam now, or should we wait until after he re-enters the US on a valid H4 visa?

Thanks in advance for your advice!
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1. If asked about a preconceived intent, he should declare it. He however does not need to volunteer such information in this case, he shouldn't have a problem with the declaration (if asked) since H4 is a dual intent visa.
2. You do not gain any advantage by completing the medical exam now, (unless either of your is TB positive and need enough time to complete the applicable treatment before you can file for AOS), you might as well wait.
 
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