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Posted (edited)

Hello,

I've been selected for DV-2014 and getting ready to process Adjustment of Status because I'm living in the U.S with H-1B visa. My wife is living with me in the U.S with H-4 visa. I'm a little unclear about some parts of the I-485 form. I'll be glad if you can help me about the questions below.

1. Part 2. Application Type: For AOS under Diversity Visa, which is the correct type I'm supposed to select?

2. Part 2. Application Type: Which application type will be correct for for my wife as she applies AOS under my DV situation.

3. Me or my wife have no criminal issues neither in the U.S. nor in any other country. Should I or my wife submit a criminal history?

4. Me or my wife have no criminal issues neither in the U.S. nor in any other country. Should I or my wife submit a police clearance?

5. Our Green Card will be through DV lottery. Should I or my wife submit an I-864 Affidavit Support?

6. Should I or my wife submit I-485 Supplement Form? (I still don't understand what it is for).


I'll be very glad if you can answer the questions above.

Thank you so much for your helps in advance.

Edited by Geop
Posted

3/4. No criminal history or police clearance is necessary for AoS applicants without any kind of criminal record.

5. No, I-864 is only required for family-based and a few employment-based applications

6. No, the supplement applies to very few people (not you).

There's some more (unofficial) info on adjustments of status for DV applicants here: http://www.nolo.com/legal-encyclopedia/won-the-diversity-visa-lottery-filing-green-card-the-us.html

You should pay close attention to the timing.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

Posted

Try this link someone posted in DV lottery section - has steps what to do and when for AOS for DV winners in the US.

https://docs.google.com/spreadsheet/ccc?key=0AozhLxh12qzYdDU3WkxHaFFtdVI4Y01oTFc3ZnZlb1E#gid=5

ROC 2009
Naturalization 2010

  • 4 weeks later...
Posted

Hello friends,

I have a question. My and my wife applies for the AoS based on the DV-Lottery Green Card. I am the primary applicant. In this case, do we need to submit I-130 (Petition for Alien Relative) form? Or, is that Ok we submit I-485 forms for each of us together?

To make it clear; this is not family-based green card. This is DV-lottery based green card. I'll be very happy for your urgent responses.

Thank you in advance.

Posted (edited)

Yes,

She is listed as my wife in my application, and also I put the marriage certificate in to the AoS package.

Btw, I didn't send my application yet. I'll send the application of mine and my wife's together.

Edited by Geop
  • 3 years later...
Posted

Hi, I post my question under this topic I-485 AOS under DV Lottery GC because it is exactly match our condition.

I wanted to check how do I know If USCIS confirms my eligibility to adjust of status? Does it mean the only way it is to wait for a right moment to file i-485 and wait for reply?

Thanks in advance for quick reply

 
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