DV 2025 AOS (Adjustment of Status) Process Only

[Sm1smom]

Hello Sm1smom ! Thank you for taking the time to answer our questions. I was selected as a winner of DV-2025, and the reason I could apply was because my husband was born in one of the eligible countries (not myself). Since I was selected but not my husband, am I considered the main applicant for the AOS process? I am on H1B visa and my husband is on F1 visa.

Also, my CN is AS15XXX. Do you think we should pay the DV administrative fees now? Look forward to hearing from you.

Susie’s response re both you and your husband being considered as main selectee is correct. This however is in terms of meeting the eligibility requirements. For the AOS process, you will fill out your I-485 and file as the main applicant while your spouse fills out their I-485 and file as your derivative.

I can’t help you decide on when to make the DV payment. This is a decision you’ll need to make on your own since the payment is non-refundable.

 

[yoloyolo]

Susie’s response re both you and your husband being considered as main selectee is correct. This however is in terms of meeting the eligibility requirements. For the AOS process, you will fill out your I-485 and file as the main applicant while your spouse fills out their I-485 and file as your derivative.

I can’t help you decide on when to make the DV payment. This is a decision you’ll need to make on your own since the payment is non-refundable.

Thank you. Since I am currently on H1B visa, do I need to submit my past I-20s, or will I-797 be sufficient?

And how high do you think my CN AS15XXX is? Thanks!!

 

[Sm1smom]

Thank you. Since I am currently on H1B visa, do I need to submit my past I-20s, or will I-797 be sufficient?

And how high do you think my CN AS15XXX is? Thanks!!

1. Please use your discretion in submitting documents that help demonstrate you’ve continually maintained a legal presence in the US.

2. I don’t analyze CNs, so I can’t tell you how high your CN is, which is why I earlier on responded by letting you know I can’t help you determine the right time to make the DV payment.

 

[K_U_USA]

Dear Mom,

I have a question about current immigration status section of I-485. A family came to US under U4U, however, before U4U extension was announced they filed TPS (approved), and when U4U extension was announced they also filed for extension and got is approved. During all this period they never went out of status. What should they indicate in section for current status? U4U and TPS? should they provide any explanation on their current status at the end of application in designated space?

Thank you in advance

 

[Sm1smom]

Dear Mom,

I have a question about current immigration status section of I-485. A family came to US under U4U, however, before U4U extension was announced they filed TPS (approved), and when U4U extension was announced they also filed for extension and got is approved. During all this period they never went out of status. What should they indicate in section for current status? U4U and TPS? should they provide any explanation on their current status at the end of application in designated space?

Thank you in advance

Last approved status is U4U, so that is there current status.

 

[azatinusa]

Not sure why the new form didn’t get uploaded as intended. Will look into it later on. Here’s a direct link in the interim:

Pre-filled Sample I-485 Form

Just an observation on the new pre-filled I-485 form. Part 1, Q19 asks if you have an SSN. The sample answer is 'Yes" but the space to enter the SSN number is blank, whereas on the old pre-filled sample, a dummy SSN was entered here (not left blank).

Of course, it's mindlessly obvious to enter your SSN if you answer Q19 'yes', but thought I'd point it out since some people might be confused why a pre-filled sample leaves this unfilled.

Anyway, what a fantastic resource and thank you for providing it.

 

[yoloyolo]

Susie’s response re both you and your husband being considered as main selectee is correct. This however is in terms of meeting the eligibility requirements. For the AOS process, you will fill out your I-485 and file as the main applicant while your spouse fills out their I-485 and file as your derivative.

I can’t help you decide on when to make the DV payment. This is a decision you’ll need to make on your own since the payment is non-refundable.

Sorry I have another question. If for some reasons my spouse cannot apply, would I still be able to submit AOS application without him? He was born in the eligible country but not me. Thank you

 

[SusieQQQ]

Sorry I have another question. If for some reasons my spouse cannot apply, would I still be able to submit AOS application without him? He was born in the eligible country but not me. Thank you

No. Your eligibility is dependent on him. You both have to apply and be approved. This is clear in the DV instructions as well.

 

[yoloyolo]

Sorry I have another question. If for some reasons my spouse cannot apply, would I still be able to submit AOS application without him? He was born in the eligible country but not me. Thank you

I also want to add that I got picked and not my spouse, but I could apply for DV because he was born in an eligible country.

 

[Sm1smom]

I also want to add that I got picked and not my spouse, but I could apply for DV because he was born in an eligible country.

Yes, it is understood that you got picked by cross charging to your spouse's country of birth since yours was not eligible. You have been provided with accurate information to date. Like Susie already stated, this information was clearly presented in the DV instructions:

Can I still apply if I was not born in a qualifying country?

There are two circumstances in which you still might be eligible to apply. First, if your derivative spouse was born in an eligible country, you may claim chargeability to that country. As your eligibility is based on your spouse, you will only be issued an immigrant visa if your spouse is also eligible for and issued an immigrant visa. Both of you must enter the United States together, using your DVs.

https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/dv-2025-instructions-translations/DV-2025_Instructions_Accessible%207.8.2024.pdf

 

[SusieQQQ]

I also want to add that I got picked and not my spouse, but I could apply for DV because he was born in an eligible country.

Yes,you said that already and all subsequesent responses were based on that. If your spouse is not eligible on other criteria and/or not willing to apply for a green card ,your selection is dead in the water.

 

[Huzzah900]

1. File was received before the beginning of the FY, so they assumed it was for the 2023 FY. This is quite common, which is why I often recommend for selectees with lower CN to not send in AOS package prior to the start of their applicable FY.
2 & 3. I cannot effectively respond to either of these questions without seeing the denial notice. You can share the notice your friend received by PM with me, or post it in the forum here if you like (be sure to redact all person details on the notice before sharing).

this was their response. If you think they made a mistake what would be your suggestion. And thank for your help always. On October 15, 2024, you filed a Form 1-485, Application to Register Permanent Residence or Adjust Status, with U.S, Citizenship and Immigration Services (USCIS) under section 245 of the Immigration and Nationality Act (INA).
You must demonstrate that you are eligible to adjust status to a lawful permanent resident (LPR). See Title 8, Code of Federal Regulations (8 CFR), section 245.1.
Statement of Facts and Analysis, Including Reason(s) for Decision
An applicant adjusting under INA 245(a) based on the Diversity Visa (DV) Program must apply and adjust status during the fiscal year for which the principal beneficiary was selected for a diversity visa, and before diversity visa numbers for the relevant fiscal year are exhausted. See INA 203(c). The U.S. Department of State DV website at http://travel.state.gov/visa/immigrants/types/types_1322.html has details. A DV adjustment of status application cannot be approved after midnight on September 30 of the relevant fiscal year or after all diversity visas have been exhausted, whichever occurs first. Beginning October 1, 2024, USCIS must deny any DV adjustment application that remains pending from the prior fiscal year, even if the U.S.Department of State has already allocated the visa number. Unfortunately, the U.S.Department of State has exhausted all diversity visas for the fiscal year for which the principal beneficiary was selected.
Therefore, we cannot grant adjustment of status to you based on your diversity visa selection. You have provided no evidence to indicate that an immigrant visa is immediately available to you on any other basis. See INA 245(a). Thus, you are not qualified to adjust status,
You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your Form I-485.
You may not appeal this decision. However, if you believe that the denial of your Form I-485 is in error, you may file a motion to reopen or a motion to reconsider using Form I-290B, Notice of Appeal or Motion. The grounds for a Motion to Reopen and Motion to Reconsider are explained in 8 CFR

 

[Sm1smom]

this was their response. If you think they made a mistake what would be your suggestion. And thank for your help always. On October 15, 2024, you filed a Form 1-485, Application to Register Permanent Residence or Adjust Status, with U.S, Citizenship and Immigration Services (USCIS) under section 245 of the Immigration and Nationality Act (INA).
You must demonstrate that you are eligible to adjust status to a lawful permanent resident (LPR). See Title 8, Code of Federal Regulations (8 CFR), section 245.1.
Statement of Facts and Analysis, Including Reason(s) for Decision
An applicant adjusting under INA 245(a) based on the Diversity Visa (DV) Program must apply and adjust status during the fiscal year for which the principal beneficiary was selected for a diversity visa, and before diversity visa numbers for the relevant fiscal year are exhausted. See INA 203(c). The U.S. Department of State DV website at http://travel.state.gov/visa/immigrants/types/types_1322.html has details. A DV adjustment of status application cannot be approved after midnight on September 30 of the relevant fiscal year or after all diversity visas have been exhausted, whichever occurs first. Beginning October 1, 2024, USCIS must deny any DV adjustment application that remains pending from the prior fiscal year, even if the U.S.Department of State has already allocated the visa number. Unfortunately, the U.S.Department of State has exhausted all diversity visas for the fiscal year for which the principal beneficiary was selected.
Therefore, we cannot grant adjustment of status to you based on your diversity visa selection. You have provided no evidence to indicate that an immigrant visa is immediately available to you on any other basis. See INA 245(a). Thus, you are not qualified to adjust status,
You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your Form I-485.
You may not appeal this decision. However, if you believe that the denial of your Form I-485 is in error, you may file a motion to reopen or a motion to reconsider using Form I-290B, Notice of Appeal or Motion. The grounds for a Motion to Reopen and Motion to Reconsider are explained in 8 CFR

If only you had posted the actual notice, as against the copy and paste of some sections of the notice your friend received.

Oh well! Based on the information you've provided and if you're certain your friend is a DV2025 selectee, then yes the denial is wrong. In terms of what your friend can do:
- They can reach out to their congress person and request assistance with reaching out to USCIS to review their case.
- They can file a to motion to reconsider (and argue that the initial decision was based on a misapplication of law or policy), and motion to re-open (and present any other new (not previously presented) information demonstrating they are a DV 2025 selectee at the same time.
- They can file a new AOS application.

And if you friend requires additional help, I recommend they actually join this forum on their own as against utilizing a go-between, because I feel there may be a bit more going on with this case. They have a lot more stake in this case than anyone else. Alternatively, they can hire a DV experienced immigration lawyer if they like.

 

[mark70]

thanks a lot for the answer and sorry for the confusion in how I wrote the question. I live in the US so I am planning adjustment of status for the DV. Leaving the country and then coming back in, has the risk of immigration intent on re-entry (on a non immigrant visa) even before submitting the application to change status, so I just wanted to make sure that virgin island is not considered leaving the US. I think you answered me already confirming a US territory (virgin islands specifically) is not considered leaving the country. I did not think about the possibility of the light being diverted.

 

[louisdinesh]

Hey I need a help. I will be filing my i485 based on DV lottery very soon. My case number for AS less than 4500 for Nepal. I am an F1 student.
I am planning to submit all the documents mentioned above in excel sheet. However, I am not planning to submit any financial cause I don't know anyone here. So what are the chances for me ? Is there any other alternative for financial ?

 

[Kate17]

Hello)
Currently I'm in the US and intend to apply for AoS - waiting for my number becomes current. I wonder if I need any sponsorship such as I-864 or any other form to include in my application package. If yes, what kind of form. And if I can be sponsored by myself? I'm employed and have been wokring legally for about 2 years.
Thanks you for your response in advance.

 

[Sm1smom]

Hey I need a help. I will be filing my i485 based on DV lottery very soon. My case number for AS less than 4500 for Nepal. I am an F1 student.
I am planning to submit all the documents mentioned above in excel sheet. However, I am not planning to submit any financial cause I don't know anyone here. So what are the chances for me ? Is there any other alternative for financial ?

Your chances are you’ll either be approved, or be given the opportunity to demonstrate you’re not likely to become a public charge by submitting financial documents to demonstrate your financial self sufficiency.

 

[Sm1smom]

Hello)
Currently I'm in the US and intend to apply for AoS - waiting for my number becomes current. I wonder if I need any sponsorship such as I-864 or any other form to include in my application package. If yes, what kind of form. And if I can be sponsored by myself? I'm employed and have been wokring legally for about 2 years.
Thanks you for your response in advance.

An I-864 is not applicable to DV based AOS applications. I recommend you go through the AOS process spreadsheet to enhance your understanding of DV based AOS process, and to see the list of recommended supporting documents.

 

[louisdinesh]

Your chances are you’ll either be approved, or be given the opportunity to demonstrate you’re not likely to become a public charge by submitting financial documents to demonstrate your financial self sufficiency.

Thank you for your reply. Likewise, I have other questions.
1)I may file my i485 this march with my current i20 , but I can do an internship in summer,for which my i20 will be different( F1 under cpt),if so then what will happen to my pending i485 form at that time ?
2)I was also subpoenaed as a witness for the State of Maryland for a case, which was later resolved through a plea. So I didn't need to testify. Do I need to mention this in my i485 form? If so, which section of i485 should I refer to?

 

[omarsn93]

Thank you for your reply. Likewise, I have other questions.
1)I may file my i485 this march with my current i20 , but I can do an internship in summer,for which my i20 will be different( F1 under cpt),if so then what will happen to my pending i485 form at that time ?
2)I was also subpoenaed as a witness for the State of Maryland for a case, which was later resolved through a plea. So I didn't need to testify. Do I need to mention this in my i485 form? If so, which section of i485 should I refer to?

For #1, you are still on F1 visa. It wouldn't make any difference.