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DV 2025 AOS (Adjustment of Status) Process Only

-thady said:
Hi mom,
I have TPS, and I just got that. I was out of status for a while like 8 months. If I do AOS, will USCIS reject my application because I could not maintain my non immigration status?
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sorry the ugly truth is yes but you can try blind folded just in case your case becomes one of the unique cases. Please check the first mom post in this thread to learn more on unique cases of the past … good luck
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Sm1smom said:
If you apply for TPS and it gets approved retroactively to when your initial authorized stay expired, you will be okay for AOS filing - there will be no OOO to contend with in that case. Unfortunately no explanation or excuse will override the OOO issue. There's a Latin saying in law which goes "ignorantia juris non excusat", meaning ignorance of the law is not an excuse.
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Follow up questions

I believe USCIS consider you in TPS status not since the time the TPS application approved but since the TPS application is made . Is my belief accurate ?
 
Deli said:
Follow up questions

I believe USCIS consider you in TPS status not since the time the TPS application approved but since the TPS application is made . Is my belief accurate ?
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TPS status is typically from the approval date which is evidenced by the ‘Valid From’ date listed on the approval date.
 
Sm1smom said:
That is a standard response which should not be relied on. If you check tomorrow or a couple of days later, you could be told the FO already received your case file a couple of weeks ago.
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Hi mom. Just wanted to share an update and query for feedback. Got a call from IO this morning. We married after the selection. IO said that when that happens we are required to file DS-260 which we didn't. IO was also talking about some payment we didn't make (I assume that's the payment for DS-260, since we did pay $330 for both of us and attached the receipt to I-485). IO did mention that when we submit DS-260 something will need to happen in KCC before they can proceed. Not sure if I needed to say something to avoid doing that...
 
MaryJks said:
Hi mom. Just wanted to share an update and query for feedback. Got a call from IO this morning. We married after the selection. IO said that when that happens we are required to file DS-260 which we didn't. IO was also talking about some payment we didn't make (I assume that's the payment for DS-260, since we did pay $330 for both of us and attached the receipt to I-485). IO did mention that when we submit DS-260 something will need to happen in KCC before they can proceed. Not sure if I needed to say something to avoid doing that...
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If you had gone through the FAQ tab of the AOS process spreadsheet, you would have seen one of the reasons for DS260 submission is listed as getting married after DV selection. So if the IO asked you to complete the form, then go ahead and do so without further delay in order for the IO to proceed with your case. The DS260 forms will be included in the KCC file that gets forwarded to the IO by the KCC.

p.s. there’s no payment for DS-260 form. The $330 payment is the DV administrative fee.
 
Sm1smom said:
If you had gone through the FAQ tab of the AOS process spreadsheet, you would have seen one of the reasons for DS260 submission is listed as getting married after DV selection. So if the IO asked you to complete the form, then go ahead and do so without further delay in order for the IO to proceed with your case. The DS260 forms will be included in the KCC file that gets forwarded to the IO by the KCC.

p.s. there’s no payment for DS-260 form. The $330 payment is the DV administrative fee.
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Got it, thank you. I assumed DS-260 is optional in all cases. Should I expect it to take another month for the transfer to happen? Anything I can do to speed it up?
 
MaryJks said:
Got it, thank you. I assumed DS-260 is optional in all cases. Should I expect it to take another month for the transfer to happen? Anything I can do to speed it up?
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Yeah, thats why this forum exists and why the spreadsheet was put together - for forum members to not assume.

It could take that long, could take less time. It all depends on the IO’s workload, plus how soon you fill/submit the forms, and how soon the KCC subsequently sends over the KCC file. Do your part by submitting the forms ASAP!
 
Sm1smom said:
TPS status is typically from the approval date which is evidenced by the ‘Valid From’ date listed on the approval date.
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that indirectly mean you need to apply TPS then again move out of country until TPS approved ......the whole point is they are protecting you so unless you applied on OOS you will be safe even if the TPS approved passed your previous status stay permit validity ... correct me if am wrong please
 
Deli said:
that indirectly mean you need to apply TPS then again move out of country until TPS approved ......the whole point is they are protecting you so unless you applied on OOS you will be safe even if the TPS approved passed your previous status stay permit validity ... correct me if am wrong please
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No, it does not mean that, directly or indirectly. If you depart from the US while the application is pending, it will be deemed abandoned and subsequently denied. Applying for TPS, (or submitting some other COS application) BEFORE current status expires (like I already guided you) is the only protection against AOS ineligibility due to being adjudged OOS at some point, as long as the TPS (or other COS) application gets approved
 
Sm1smom said:
Yeah, thats why this forum exists and why the spreadsheet was put together - for forum members to not assume.

It could take that long, could take less time. It all depends on the IO’s workload, plus how soon you fill/submit the forms, and how soon the KCC subsequently sends over the KCC file. Do your part by submitting the forms ASAP!
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Thank you, mom. We submitted it as soon as we could. It sounded like other than this, IO was ready to schedule an interview. Does it make sense to reach out to KCC?
 
Sm1smom said:
No, it does not mean that, directly or indirectly. If you depart from the US while the application is pending, it will be deemed abandoned and subsequently denied. Applying for TPS, (or submitting some other COS application) BEFORE current status expires (like I already guided you) is the only protection against AOS ineligibility due to being adjudged OOS at some point, as long as the TPS (or other COS) application gets approved
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My bad, dear. It's the stress making me confused. So, to clarify: as long as you applied for TPS or any other (COS) while in legal status, if you become (OOS) while that application is still pending, does that make you ineligible for (AOS), as long as the TPS or any other COS application is approved before you submit your AOS application or before the AOS adjudged ?
 
Deli said:
My bad, dear. It's the stress making me confused. So, to clarify: as long as you applied for TPS or any other (COS) while in legal status, if you become (OOS) while that application is still pending, does that make you ineligible for (AOS), as long as the TPS or any other COS application is approved before you submit your AOS application or before the AOS adjudged ?
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While I understand the process may be stressing you out, you also need to realize asking someone to answer the same question over and over can be quite stressful on the person being asked. I already addressed this issue with you in the past more than once as a matter of fact. So my suggestion to you would be to take a look at some of your past posts to review the responses previously provided around this issue whenever you find yourself getting confused afresh. Here’s a link to one of my previous responses to you to get you started.
 
Hi, I am wondering if you are an F1 PhD student receiving a stipend as part of your doctoral studies, should you include this in the employment history section of the I-485, or leave it blank since you are not technically considered an employee, as indicated in the prefilled example for F1 students?

Thanks!
 
lofikdro said:
Hi, I am wondering if you are an F1 PhD student receiving a stipend as part of your doctoral studies, should you include this in the employment history section of the I-485, or leave it blank since you are not technically considered an employee, as indicated in the prefilled example for F1 students?

Thanks!
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I wouldn’t list this in the employment history section of the form.
 
Sm1smom said:
While I understand the process may be stressing you out, you also need to realize asking someone to answer the same question over and over can be quite stressful on the person being asked. I already addressed this issue with you in the past more than once as a matter of fact. So my suggestion to you would be to take a look at some of your past posts to review the responses previously provided around this issue whenever you find yourself getting confused afresh. Here’s a link to one of my previous responses to you to get you started.
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True apologies
 
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
 
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blessu_2 said:
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
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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.
 
blessu_2 said:
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
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Aren't you protected from being out of status when your AOS is pending, if filed before visa expiration?
 
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