DV 2025 AOS (Adjustment of Status) Process Only

[Sm1smom]

Hello,
I am 2025 winner and Asia CN 67xx. I will do AOS. I have some confused questions. I already read some of them from this forums but I could not get my answers. My case is very complicated.
I came to the US on 2021 with F1 visa for community college and I am still maintaining my status. I applied the asylum on 2022 and it is still pending. During my cc, I applied Special Student Relief Program (SSR) under F1, and I worked with EAD that I got under SSR for about one year. After my EAD under SSR was expired, I applied the EAD under Asylum category and I worked like 4 months while still my F1 visa is still active. I know that is a kind of violation of F1. But I also heard that as long as I pay the international tuition fees and maintain full time student (12 units). my SEVIS and F1 status are still active.
My questions are
1. Would it be effected to my AOS? (for working under Asylum EAD)
2. Should I put my alien number(A number) on the application?
3. Does USCIS do all the background check and would they consider that as a violation for working (For asylum EAD) while F1 is still active?
4. What if they do, what should I do?
5. Should I write the explanation letter to USCIS with package about why I do needed to work?

Thank you
Have a good weekdays.

So here's what I understand about your situation. You effectively terminated your F1 status by using your asylum pending based EAD card to undertake authorized employment. With the use of the Asylum based EAD card, your status is now asylum pending and not F1, regardless of if you've been paying your full international fees and maintaining the required units. What you did is not "a kind of violation of F1" It is a violation of your F1 status, even if it was for one day. I'm guessing you did not inform your DSO that you used your Asylum based EAD to work, that is why your SEVIS is still active.

1. There is a section on the I-485 which asks if you've ever violated the terms or conditions of your nonimmigrant status. You are expected to answer YES to that question and provide an explanation as required, since you've undertaken employment with your Asylum card.
2. This is not a matter of if you should or should not. You have an A#, you're expected to disclose it on your AOS forms.
3. As already explained in my above intro and answer 1, you are expected/required to disclose the violation. It is not a matter of if
4. Talk to an experienced immigration about your situation prior to filing for AOS.
5. Talk to an experienced immigration about your situation prior to filing for AOS.

 

[Xmb]

@Sm1smom please excuse me. I was not intending to go down that way. Could you help me understand a few things so I can use my best judgement on how to proceed:

1. sponsor has sufficient income to cover our situation. Can anything beyond the income be left out on both sides, as the requirement to sponsor is met?

2. does the field „specific contribution“ need to be selected or is it appropriate to go with „no specific contribution“?

3. is it a concern in any way if the relationship of the sponsor is the derivates coworker?

 

[Samapps]

@Sm1smom please excuse me. I was not intending to go down that way. Could you help me understand a few things so I can use my best judgement on how to proceed:

1. sponsor has sufficient income to cover our situation. Can anything beyond the income be left out on both sides, as the requirement to sponsor is met?

2. does the field „specific contribution“ need to be selected or is it appropriate to go with „no specific contribution“?

3. is it a concern in any way if the relationship of the sponsor is the derivates coworker?

1. Is it necessary to prove the relationship with the sponsor, and how? or the form I-134 establishes this relationship. I need to know if the sponsor needs to attach a letter.
2. Is it okay to write on the back of the mailing package: "DV AOS Package - 2025AF0000XXXX" (XXX for security reasons while in transit)?

 

[Xmb]

1. Is it necessary to prove the relationship with the sponsor, and how? or the form I-134 establishes this relationship. I need to know if the sponsor needs to attach a letter.
2. Is it okay to write on the back of the mailing package: "DV AOS Package - 2025AF0000XXXX" (XXX for security reasons while in transit)?

1. not necessary
2. not necessary

 

[Sm1smom]

@Sm1smom please excuse me. I was not intending to go down that way. Could you help me understand a few things so I can use my best judgement on how to proceed:

1. sponsor has sufficient income to cover our situation. Can anything beyond the income be left out on both sides, as the requirement to sponsor is met?

2. does the field „specific contribution“ need to be selected or is it appropriate to go with „no specific contribution“?

3. is it a concern in any way if the relationship of the sponsor is the derivates coworker?

1. Yes sponsor can list annual income only without listing their assets if sponsorship requirements can be met with their annual income, and they do not plan on supporting the beneficiary with their assets.
2. Specific contributions indicates sponsor is limiting their sponsorship to the specific areas/items listed should the need to support the beneficiary occur. Non specific indicates sponsor is willing to provide whatever support may be required should the need to do so occur. There’s no right or wrong option here - it is about what the sponsor is comfortable doing.
3. Shouldn’t be a problem AFAIK as long as the sponsor is either a LPR or USC.

 

[Kyawminkhant13]

So here's what I understand about your situation. You effectively terminated your F1 status by using your asylum pending based EAD card to undertake authorized employment. With the use of the Asylum based EAD card, your status is now asylum pending and not F1, regardless of if you've been paying your full international fees and maintaining the required units. What you did is not "a kind of violation of F1" It is a violation of your F1 status, even if it was for one day. I'm guessing you did not inform your DSO that you used your Asylum based EAD to work, that is why your SEVIS is still active.

1. There is a section on the I-485 which asks if you've ever violated the terms or conditions of your nonimmigrant status. You are expected to answer YES to that question and provide an explanation as required, since you've undertaken employment with your Asylum card.
2. This is not a matter of if you should or should not. You have an A#, you're expected to disclose it on your AOS forms.
3. As already explained in my above intro and answer 1, you are expected/required to disclose the violation. It is not a matter of if
4. Talk to an experienced immigration about your situation prior to filing for AOS.
5. Talk to an experienced immigration about your situation prior to filing for AOS.

Thank you for your answers. How likely do I have a chance to get approved for AOS? DO you know any experience people who file for AOS with similar cases?

I talked to my DSO from my cc and I explained about my condition and why do i want to maintain F1 and work with EAD? She accepted my explanation and did not terminated my Sevis. She also said in case when I need to change my status in the future like rn, she said think about the reasonable answer to explain to USCIS.

 

[Sm1smom]

Thank you for your answers. How likely do I have a chance to get approved for AOS? DO you know any experience people who file for AOS with similar cases?

I talked to my DSO from my cc and I explained about my condition and why do i want to maintain F1 and work with EAD? She accepted my explanation and did not terminated my Sevis. She also said in case when I need to change my status in the future like rn, she said think about the reasonable answer to explain to USCIS.

Your chance, like anyone applying for AOS is either case approval or case denial. I do not know of anyone who violated their non immigrant status who eventually got their AOS application approved without filing for a waiver.

I suppose your DSO could be excused for their limited knowledge of status violation and its subsequent impact, hence their telling you you could provide a ‘reasonable answer’ for status violation to USCIS.

 

[Xmb]

1. Yes sponsor can list annual income only without listing their assets if sponsorship requirements can be met with their annual income, and they do not plan on supporting the beneficiary with their assets.
2. Specific contributions indicates sponsor is limiting their sponsorship to the specific areas/items listed should the need to support the beneficiary occur. Non specific indicates sponsor is willing to provide whatever support may be required should the need to do so occur. There’s no right or wrong option here - it is about what the sponsor is comfortable doing.
3. Shouldn’t be a problem AFAIK as long as the sponsor is either a LPR or USC.

Thank you!!

1. same applies for the beneficiaries? Is there an obligation to declare on our side?

Reason for my questions is I’d like to not include our checking accounts, as the value is subject to change and I do not want to make false representations, but it is obvious we have such accounts.

2. perfect! Thanks.

3. USC by naturalization.

 

[SusieQQQ]

I talked to my DSO from my cc and I explained about my condition and why do i want to maintain F1 and work with EAD? She accepted my explanation and did not terminated my Sevis. She also said in case when I need to change my status in the future like rn, she said think about the reasonable answer to explain to USCIS.

I would bear in mind that (1) a school DSO is not necessarily expected to understand implications for people who want to adjust later and (2) I would assume that in the vast majority of cases where students do actually adjust later, it is marriage to a citizen where status violations are forgiven.

 

[Sm1smom]

Thank you!!

1. same applies for the beneficiaries? Is there an obligation to declare on our side?

Reason for my questions is I’d like to not include our checking accounts, as the value is subject to change and I do not want to make false representations, but it is obvious we have such accounts.

2. perfect! Thanks.

3. USC by naturalization.

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.

 

[Lusia]

Yes, both.

Today my husband received email from KCC:
In attached file they thankful him for plan to apply for adjustment of status. But we didn’t notice them. We didn’t file out 260. How can this be? Or is it means they received our payments for DV? We sent them 09/21.
Should we send response for this email?

Attached is the Adjustment Letter.

In order for the Kentucky Consular Center to assist with inquiries regarding a specific Diversity Visa (DV) case, you must provide the Principal Applicant's full name, complete case number, and date of birth in the following format (MMDDYYYY) as entered on the original entry. Please remember that the Kentucky Consular Center does not have the authority to tell you whether or not your specific case will be disqualified. Only a consular officer can do that at the time of your visa interview. Do not send any paper documents to the Kentucky Consular Center.

 

[mzo]

Today my husband received email from KCC:
In attached file they thankful him for plan to apply for adjustment of status. But we didn’t notice them. We didn’t file out 260. How can this be? Or is it means they received our payments for DV? We sent them 09/21.
Should we send response for this email?

As per prior 2024 post, 2NL may be trigger due to your DV fee payment.
You do not need to response and you can put that acknowledge letter in your AOS package as 2NL.

That’s what I do too.

 

[Lusia]

As per prior 2024 post, 2NL may be trigger due to your DV fee payment.
You do not need to response and you can put that acknowledge letter in your AOS package as 2NL.

That’s what I do too.

I hope they soon send us receipt…

 

[Sm1smom]

Today my husband received email from KCC:
In attached file they thankful him for plan to apply for adjustment of status. But we didn’t notice them. We didn’t file out 260. How can this be? Or is it means they received our payments for DV? We sent them 09/21.
Should we send response for this email?

I hope they soon send us receipt…

I recommend you carefully go through the FAQ section of the AOS Process Spreadsheet - doing so will help you a great deal.

 

[Lusia]

I recommend you carefully go through the FAQ section of the AOS Process Spreadsheet - doing so will help you a great deal.

I’m waiting receipt about 330$ payment.
Question was Should we send response for this email.

 

[Sm1smom]

I’m waiting receipt about 330$ payment.
Question was Should we send response for this email.

And my answer was/is:
R.E.A.D THE SPREADSHEET as recommended in my above quoted post!

 

[Kyawminkhant13]

I would bear in mind that (1) a school DSO is not necessarily expected to understand implications for people who want to adjust later and (2) I would assume that in the vast majority of cases where students do actually adjust later, it is marriage to a citizen where status violations are forgiven.

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?

 

[SusieQQQ]

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?

If you use something associated with one status or application for status like an EAD that is not consistent with the prior status, you have invalidated the prior status and are now on the new one (or pending the new one, as in your case with asylum). You don’t magically go back to the old one like F1 when you stop using the EAD, etc - once it’s gone, it’s gone (unless you apply for and receive it again).
Worst scenario of being out of status in the context of DV is that they find you ineligible to adjust status, but in your case you would just go back to asylum pending (unlike someone who might not have another status to fall back on, and their worst case is that they have to leave the US). Have a look at mom’s special situations spreadsheet linked in her sig. There are some cases of people denied while asylum pending and others have been granted, so as far as I can see it’s not a slam dunk that you’d be refused adjustment for DV, but you might be. Anyway as mom already advised you - given the complexity of your case, it’s advisable to speak to a competent immigration attorney.

 

[Sm1smom]

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?

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.

 

[Xmb]

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.

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?