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DV 2025 AOS (Adjustment of Status) Process Only

Yousafzai said:
Hi mom. I was just assembling my AOS package, i have a sponsor who is willing to help me with the i134 and provide evidence of financial support, i wanted to know do i include my tax documents, W2 and pay slips or my sponsors W2, IRS tax return receipts are sufficient.
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Including your personal financial documents in addition to the applicable supporting financial documents from your sponsor is not a bad idea.
 
Hi Sm1smom,

I have been residing in the U.S. since 2023 on an O-1 visa (with the rest of my family on O-3 visas), with admission valid until 2026. I won the DV Lottery with a case number of 2025EU000318XX.
I understand that, in the best-case scenario, my CN will become current between July and September 2025.

Could you please answer the following questions?
  1. I plan to take some short-term trips outside the U.S. before I expect to start the AOS process. Does leaving the country after the release of the DV2025 results affect my eligibility to adjust status?
  2. If my CN becomes current right after I return to the U.S., should I wait 60 days before starting the AOS process to avoid potential issues, or is this not necessary for an O-1 visa holder who properly maintains their status?
  3. A big thanks for your ‘Pros_Cons AOS/CP’ spreadsheet and explanations on the early filing option for AOS!
    I have all the documents needed for either CP or AOS, and I don’t have anything suspicious in my background. Family life disruption or costs are not an issue. My only concern is the high CN and limited time for the process as a result.
    Given all these personal details, would AOS be more advisable than CP, or is it purely luck with no way to influence or estimate which could happen earlier (AOS or CP)?

Thank you for your help!
 
Ivan2 said:
Hi Sm1smom,

I have been residing in the U.S. since 2023 on an O-1 visa (with the rest of my family on O-3 visas), with admission valid until 2026. I won the DV Lottery with a case number of 2025EU000318XX.
I understand that, in the best-case scenario, my CN will become current between July and September 2025.

Could you please answer the following questions?
  1. I plan to take some short-term trips outside the U.S. before I expect to start the AOS process. Does leaving the country after the release of the DV2025 results affect my eligibility to adjust status?
  2. If my CN becomes current right after I return to the U.S., should I wait 60 days before starting the AOS process to avoid potential issues, or is this not necessary for an O-1 visa holder who properly maintains their status?
  3. A big thanks for your ‘Pros_Cons AOS/CP’ spreadsheet and explanations on the early filing option for AOS!
    I have all the documents needed for either CP or AOS, and I don’t have anything suspicious in my background. Family life disruption or costs are not an issue. My only concern is the high CN and limited time for the process as a result.
    Given all these personal details, would AOS be more advisable than CP, or is it purely luck with no way to influence or estimate which could happen earlier (AOS or CP)?

Thank you for your help!
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1. It shouldn’t. You just need to be aware of the fact that admission or re-admission back to the US is never guaranteed as this is at the discretion of the CBP.
2. Please take a look at the FAQ section of the AOS process spreadsheet who this is fully covered.
3. Sorry I cannot recommend either way. You decide on the option you’re most comfortable with.
 
npdv15 said:
In a similar situation here. My income should be enough to satisfy the public charge requirements. Is there a need to file I-134 in this kind of scenario?
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I think you should be able to make the call on your own as to if you’ll need an I-134 or not.
 
Sm1smom said:
1. Yes, based on your above explanation. However selecting your birth country would have been a lot simpler and easier.
2. USCIS deals with roughly 5% of DV selectees annually, they have limited number of IOs experienced or with enough knowledge of DV requirements/qualifications. Your IO may or may not notice the cross chargeability issue in your case.
3. Probably parents’ b/c and evidence of their temporary stay in the UK at the time of your birth.
CAVEAT: While proactively trying to justify your decision to cross charge sounds like a good idea, it could end up bringing attention to a situation that could have possibly been overlooked and consequently lead to opening an unnecessary can of worms (based on my response 2 above).
4. The same form of evidence that would be required for a CP interview. You’ll need to figure this out on your own. See Caveat to this question above.
5. Yes. See Caveat to this question above.
6. See response to question 2 above. Also. see Caveat to this question above.

In general, one major advantage of AOS vs. CP is the fact that most of the IOs are not fully versed in the nuances of DV lottery and the requirements - very few IOs adjudicate DV based AOS applications and they are constantly being changed. The IOs more often than not do not deeply scrutinize DV cases like a CO would have with CP. There have been a couple of AOS cases that got through where they would have been denied if they went through CP, eg not listing a qualifying derivative on the entry form, selecting wrong chargeability country, etc. As a matter of fact, I think I have a wrong chargeability country case situation listed in the DV Unique Cases tracker spreadsheet which you might want to take a look at. It has a link to that case’s interview experience and a couple of other posts/responses related to the case on the 2022 AOS thread.
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Hello Mom, I'd like to re-connect on this question about the best strategy for cross chargeability (born in UK, left after 26 days, lived in KZ since then, listed KZ on DV entry form). There are 2 general approaches in my mind:

A. Minimalist Strategy - provide only basic info below without drawing attention to the cross chargeability issue and hoping IO doesn't notice it:
a. KZ passport
b. KZ-issued birth certificate (to emphasize KZ connection)
c. UK-issued birth certificate (to provide BC from jurisdiction of birth)

B. Proactive Strategy - front-load package with more KZ-connections and evidence of temp stay in UK. All of the above docs, plus:
d. Mother's UK border-crossing records obtained from UK border authority (which shows she had temp visit visa and stayed in UK 4 months)
e. Mother's KZ passport, KZ birth certificate, KZ bank records, KZ employment records, etc.
f. Mother provides affidavit letter confirming her temp visit to UK and circumstances of my birth (e.g., we left UK after 26 days, etc.)
g. My KZ border crossing records indicating my entry to KZ shortly after my birth (obtained from KZ border authority; no UK records)

1. With your previous response in mind, I believe you may indicate option A has some appeal. However, with the above additonal context and list of available documents, would it be a good idea to add some more evidence from option B?
2. If so, which evidence would be useful?
 
azatinusa said:
Hello Mom, I'd like to re-connect on this question about the best strategy for cross chargeability (born in UK, left after 26 days, lived in KZ since then, listed KZ on DV entry form). There are 2 general approaches in my mind:

A. Minimalist Strategy - provide only basic info below without drawing attention to the cross chargeability issue and hoping IO doesn't notice it:
a. KZ passport
b. KZ-issued birth certificate (to emphasize KZ connection)
c. UK-issued birth certificate (to provide BC from jurisdiction of birth)

B. Proactive Strategy - front-load package with more KZ-connections and evidence of temp stay in UK. All of the above docs, plus:
d. Mother's UK border-crossing records obtained from UK border authority (which shows she had temp visit visa and stayed in UK 4 months)
e. Mother's KZ passport, KZ birth certificate, KZ bank records, KZ employment records, etc.
f. Mother provides affidavit letter confirming her temp visit to UK and circumstances of my birth (e.g., we left UK after 26 days, etc.)
g. My KZ border crossing records indicating my entry to KZ shortly after my birth (obtained from KZ border authority; no UK records)

1. With your previous response in mind, I believe you may indicate option A has some appeal. However, with the above additonal context and list of available documents, would it be a good idea to add some more evidence from option B?
2. If so, which evidence would be useful?
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I’m sorry I cannot help you decide on the best strategy for moving forward. The best I can do for you is what I already did with the previously provided detailed response. You’ll need to decide on your own as to which of the options you’re most comfortable with, based on whatever the outcome ends up being.

Best of luck with whichever option you end up going with.
 
Hi mom, is there any sample I-134 available in the spreadsheet? I tried to look for it but i couldn’t find it, please let me know if there is a filled sample available.
 
azatinusa said:
Hello Mom, I'd like to re-connect on this question about the best strategy for cross chargeability (born in UK, left after 26 days, lived in KZ since then, listed KZ on DV entry form). There are 2 general approaches in my mind:

A. Minimalist Strategy - provide only basic info below without drawing attention to the cross chargeability issue and hoping IO doesn't notice it:
a. KZ passport
b. KZ-issued birth certificate (to emphasize KZ connection)
c. UK-issued birth certificate (to provide BC from jurisdiction of birth)

B. Proactive Strategy - front-load package with more KZ-connections and evidence of temp stay in UK. All of the above docs, plus:
d. Mother's UK border-crossing records obtained from UK border authority (which shows she had temp visit visa and stayed in UK 4 months)
e. Mother's KZ passport, KZ birth certificate, KZ bank records, KZ employment records, etc.
f. Mother provides affidavit letter confirming her temp visit to UK and circumstances of my birth (e.g., we left UK after 26 days, etc.)
g. My KZ border crossing records indicating my entry to KZ shortly after my birth (obtained from KZ border authority; no UK records)

1. With your previous response in mind, I believe you may indicate option A has some appeal. However, with the above additonal context and list of available documents, would it be a good idea to add some more evidence from option B?
2. If so, which evidence would be useful?
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Understood - thanks. In your judgement, if I went with minimalist approach and the IO did in fact observe a cross-chargeability issue, what is the likely typical next step by USCIS -- to issue an RFE, issue NOID, or simply deny the case outright? I'm hoping experience shows that USCIS will typically give an opportunity to provide more evidence (RFE) in these types of cases.
 
azatinusa said:
Understood - thanks. In your judgement, if I went with minimalist approach and the IO did in fact observe a cross-chargeability issue, what is the likely typical next step by USCIS -- to issue an RFE, issue NOID, or simply deny the case outright? I'm hoping experience shows that USCIS will typically give an opportunity to provide more evidence (RFE) in these types of cases.
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The likely next step could be any of the above.
 
Hi Simon
I have a question. I have an F1 visa, but previously I had a J1 visa. I have my social security number, but now at university I wanted to get an OPT and a company asked me for my social security number. Do you think that would have any inconvenience?
 
et92 said:
Hi Simon
I have a question. I have an F1 visa, but previously I had a J1 visa. I have my social security number, but now at university I wanted to get an OPT and a company asked me for my social security number. Do you think that would have any inconvenience?
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Your SSN is issued for life. You can use it at anytime to undertake any authorized employment you're eligible for.
 
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