True apologies
DV 2025 AOS (Adjustment of Status) Process Only
- Thread starter Sm1smom
- Start date
My spouse’s study program end date is April 3rd, 2025 and not eligible to apply for OPT.
We already did the biometrics and the case now is at Santa Ana FO (they seem to take longer time to process dv as per last year timeline)
We don’t want to get out of status at any time.
So If we didn’t get the approval by then,
1. when should i initiate congressional inquiry?
2. And Could he just transition to another school or that will be not possible while pending AOS?
It might be early to think of that. I just wanted to be ready for the worst scenario to happen.
Thank you
We already did the biometrics and the case now is at Santa Ana FO (they seem to take longer time to process dv as per last year timeline)
We don’t want to get out of status at any time.
So If we didn’t get the approval by then,
1. when should i initiate congressional inquiry?
2. And Could he just transition to another school or that will be not possible while pending AOS?
It might be early to think of that. I just wanted to be ready for the worst scenario to happen.
Thank you
Last edited:
Sm1smom
Super Moderator
1. You can proceed with initiating a congressional case inquiry from late February to early March.
2. He can transition to another school if eligible to do so.
Aren't you protected from being out of status when your AOS is pending, if filed before visa expiration?
Sm1smom
Super Moderator
While it is indeed true that an applicant whose current status expires while their AOS application is pending is protected from being deemed OOS during that period, OP’s plan of not wanting to fall OOS is a great plan considering AOS approval is not guaranteed for any applicant. This plan enables the OP to have a fall back status should in case the AOS application is not successful for one reason or the other.
Got it. I am graduating in December 20th and have not applied for my OPT yet. I still have 60 days after graduation to apply. I am probably gonna apply mid December or early January, depending on when my interview is going to be scheduled. Do you think my plan make sense or I should drop every thing and apply now? I also have a pending tps case.
Sm1smom
Super Moderator
I’m sorry I can’t guide you on this, you’ll need to figure it out your plan on your own.
I guess you're recommending not to include this in the employment section and to only include the previous three years of W-2s issued by my school as evidence of income.
Another question I have is: Can applicants translate their birth certificates themselves and sign an affidavit they are proficient in that language? What do you think qualifies as a certified translation?
Xarthisius
Well-Known Member
Important change in AOS processes: medical (I-693) is now required to be submitted with I-485, otherwise AOS package might be rejected.
[1] https://www.uscis.gov/newsroom/aler...nation-and-vaccination-record-to-be-submitted
[1] https://www.uscis.gov/newsroom/aler...nation-and-vaccination-record-to-be-submitted
Sm1smom
Super Moderator
No, my response was not a recommendation of what to include or not include in terms of your W-2s. I answered your question based on what was asked.
It is recommended for document translation to be carried out by an unrelated third party (a friend could do translation). However I do know of some forums that do suggest an applicant could translate the document themselves (certainly not something I recommend). Certified translation is simply a signed statement from whoever translated attesting to their fluency in English and the language the document has been translated from. Sample below:
I (translator's full name) certify that I am fluent (conversant) in English and (language(s) translated from), and that the attached document is a complete and accurate translation of the attached (name of document).
Signature
[Date]
[Name]
[Address]
I framed the question poorly. The plan is to include the past 3 years of W2s, pay stubs from the past 6 months, and the I-20 showing the stipend amount and demonstrate status in US. The employment section will be marked N/A since no job has been held in the past five years, other than being in graduate school. Would that be sufficient as evidence for financial sufficiency and good justification for lack of employment? Or is something missing?
Nishri
New Member
Hi, I am currently working with an employer who won’t be able to apply my stem opt. My opt ends in Feb and my VB is current in January. What are my options? Should I file for EAD along with all the documents? Right now I hold an F1opt EAD. Will there be any problem? I do not want to be out of status. Any suggestion? Or anyone with a similar case?
Sm1smom
Super Moderator
I cannot categorically say if that will be enough or not for demonstrating you’re not likely to become a public charge. Find someone to provide you with an I-134 (and the applicable supporting documents) if you want to be certain.
Sm1smom
Super Moderator
I’m not sure I understand what you mean by you’re working for an employer who is unable to apply for your STEM OPT. Isn’t that something you apply for yourself if you’re eligible for it?
Anyway, an AOS based EAD card will not stop you from falling out of status if your current status ends in February. The AOS based EAD is simply a document that enables you to keep working while your AOS application is pending, you’ll still be technically out of status at that point but it wouldn’t matter if your AOS application was already pending before your current status expired.
Sm1smom
Super Moderator
The company not being in the E-Verify program is not the same as them not being able to apply for your STEM OPT since employers do not apply for STEM OPT. If your employer is not in the E-Verify program, it just means you’re not eligible to apply for STEM OPT.
If you apply for AOS and your AOS package is accepted before your current status expires, you are allowed to remain in the country and work with an AOS based EAD while your AOS application is pending, that is how you can legally work while OOS.
Hi mom and all,
After completing DS-260 form as the FO supervisor (apparently) asked us, I called them back to make sure there is nothing outstanding. During our short conversation the supervisor informed me that our application will need to be sent back and "repackaged" (presumably at the NVC). Which sounds like a lengthy process in which something can go wrong in many different ways. In any case, just wanted to share the update.
After completing DS-260 form as the FO supervisor (apparently) asked us, I called them back to make sure there is nothing outstanding. During our short conversation the supervisor informed me that our application will need to be sent back and "repackaged" (presumably at the NVC). Which sounds like a lengthy process in which something can go wrong in many different ways. In any case, just wanted to share the update.
LASORAZSH
New Member
Hi Mom!
Firstly, thank you for this amazing forum!
My wife is a DV selectee with a rank number of OC-15XX.
We've started the AOS process for myself, my wife, and our daughter. We've completed the DS-260 and submitted the DV payment.
I recently came across the photos I originally uploaded for the DV entry. I noticed a shadow in my wife's picture. It's not too dark, but it is noticeable.
Should we be concerned that this might cause the application to be denied?
Thanks in advance
Firstly, thank you for this amazing forum!
My wife is a DV selectee with a rank number of OC-15XX.
We've started the AOS process for myself, my wife, and our daughter. We've completed the DS-260 and submitted the DV payment.
I recently came across the photos I originally uploaded for the DV entry. I noticed a shadow in my wife's picture. It's not too dark, but it is noticeable.
Should we be concerned that this might cause the application to be denied?
Thanks in advance
Sm1smom
Super Moderator
That’s not something to be concerned about.
LASORAZSH
New Member
Thank you!