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DV 2016 AOS Only

Wow!:eek::eek: all these back and forth over a lawyer's comment as part of being adequately prepared to ace the interview?

Not even going to add any other comment!
 
Hi Mom,

Thank you so much for all the information, I have followed your post since long time ago and really got a lot of help.

Now I have a question regarding to the educational background. When they say "high school degree" do they literally mean "high school" or any education equal or higher than that? My situation is a little bit strange. I have a PhD degree and certainly a bachelor degree, but unfortunately I did not finish my high school before going to college. By the time when I was in high school, I was selected by a special program for gifted students so that we did not have to finish high school in order to go to college. Logically speaking the educational requirement is to ensure the applicant will have enough skills to survive, in which sense a PhD degree should be fine. But I am afraid if the law says I must have "high school degree", then that is the only thing that IO is looking at. Have you heard of anybody using their college degree instead of high school degree passed the interview? Besides, if that is really a problem, I would like to tell you that I am not the principle applicant, instead it was my wife who won the lottery, in this case is my educational background still important?

Thank you so much for your help!
 
Hi Mom,

Thank you so much for all the information, I have followed your post since long time ago and really got a lot of help.

Now I have a question regarding to the educational background. When they say "high school degree" do they literally mean "high school" or any education equal or higher than that? My situation is a little bit strange. I have a PhD degree and certainly a bachelor degree, but unfortunately I did not finish my high school before going to college. By the time when I was in high school, I was selected by a special program for gifted students so that we did not have to finish high school in order to go to college. Logically speaking the educational requirement is to ensure the applicant will have enough skills to survive, in which sense a PhD degree should be fine. But I am afraid if the law says I must have "high school degree", then that is the only thing that IO is looking at. Have you heard of anybody using their college degree instead of high school degree passed the interview? Besides, if that is really a problem, I would like to tell you that I am not the principle applicant, instead it was my wife who won the lottery, in this case is my educational background still important?

Thank you so much for your help!

Only the principal selectee needs to meet the education requirement.
 
Hi Mom,

Thank you so much for all the information, I have followed your post since long time ago and really got a lot of help.

Now I have a question regarding to the educational background. When they say "high school degree" do they literally mean "high school" or any education equal or higher than that? My situation is a little bit strange. I have a PhD degree and certainly a bachelor degree, but unfortunately I did not finish my high school before going to college. By the time when I was in high school, I was selected by a special program for gifted students so that we did not have to finish high school in order to go to college. Logically speaking the educational requirement is to ensure the applicant will have enough skills to survive, in which sense a PhD degree should be fine. But I am afraid if the law says I must have "high school degree", then that is the only thing that IO is looking at. Have you heard of anybody using their college degree instead of high school degree passed the interview? Besides, if that is really a problem, I would like to tell you that I am not the principle applicant, instead it was my wife who won the lottery, in this case is my educational background still important?

Thank you so much for your help!

If your wife is the main selectee, then proof of your educational qualification isn't required. Only your wife needs to provide that, so don't stress your yourself about what you think is a personal dilemma, which it isn't by the way.
 
During my interview I was asked for an affidavit of support and tax returns. I didn't have either because I thought a letter from my employer and recent pay stubs would be enough. The letter stated that I work for that employer for over 3 years and my salary is over 100k.

Did I misunderstand the requirements?

At the end of the interview, I got a paper saying my case is being held for further review.

I've noticed that in previous years, most applicants in this FO got approved during the interview or the same day. Also beau that had the exact same timeline as me and had the interview the same day got approved later that day.

Is there a reason to be worried? Would it be possible to appeal the decision if my case is rejected?
 
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During my interview I was asked for an affidavit of support and tax returns. I didn't have either because I thought a letter from my employer and recent pay stubs would be enough. The letter stated that I work for that employer for over 3 years and my salary is over 100k.

Did I misunderstand the requirements?

At the end of the interview, I got a paper saying my case is being held for further review.

I've noticed that in previous years, most applicants in this FO got approved during the interview or the same day. Also beau that had the exact same timeline as me and had the interview the same day got approved later that day.

Is there a reason to be worried? Would it be possible to appeal the decision if my case is rejected?

You shouldn't have been asked for an affidavit of support if you had an employment verification letter and recent pay stubs attesting to your current earnings of over 100K. However, you still needed to have included your IRS tax returns with your package, didn't you do that? I don't think your case will be denied as a result though, the worse that could happen would be for them to issue an RFE to give you an opportunity to present documents they consider relevant. Anyway, you'll soon find out if you're approved or you're getting an RFE, which I think is unlikely.
 
I included the return that I submitted via TurboTax, is that sufficient? I don't recall getting anything in the mail from the IRS, just the confirmation online from TurboTax that they had accepted and approved my return.
 
I included the return that I submitted via TurboTax, is that sufficient? I don't recall getting anything in the mail from the IRS, just the confirmation online from TurboTax that they had accepted and approved my return.

You should contact the IRS and request for the IRS tax transcript or tax returns.
 
Thanks Mom. I just did that, it won't arrive before our interview unfortunately. Fingers crossed they don't ask.
Other than the approval receipt, there is more detailed information in Turbotax file (which includes 1040 and some other information). It may be helpful since you don't have the form from IRS. I personally had this and the IO did not ask for anything more.
 
Other than the approval receipt, there is more detailed information in Turbotax file (which includes 1040 and some other information). It may be helpful since you don't have the form from IRS. I personally had this and the IO did not ask for anything more.
Thank you!
 
You shouldn't have been asked for an affidavit of support if you had an employment verification letter and recent pay stubs attesting to your current earnings of over 100K. However, you still needed to have included your IRS tax returns with your package, didn't you do that? I don't think your case will be denied as a result though, the worse that could happen would be for them to issue an RFE to give you an opportunity to present documents they consider relevant. Anyway, you'll soon find out if you're approved or you're getting an RFE, which I think is unlikely.

Thank you, I hope that's the case.

I didn't submit tax returns with my file. The generic interview letter gave a few options to bring as evidence of financial support. One of the options was verification of employment which I had. The letter said to bring one of the options. (The word one was underlined). But I should have brought all of them to be safe.
I pointed it out to my interviewer and they took a copy of that invitation page and added it to my file.

I also had another page with checkboxes of stuff to bring, and only the passport and ID fields were marked. Evidence of financial support were other options which were not marked for me.
 
Thank you, I hope that's the case.

I didn't submit tax returns with my file. The generic interview letter gave a few options to bring as evidence of financial support. One of the options was verification of employment which I had. The letter said to bring one of the options. (The word one was underlined). But I should have brought all of them to be safe.
I pointed it out to my interviewer and they took a copy of that invitation page and added it to my file.

I also had another page with checkboxes of stuff to bring, and only the passport and ID fields were marked. Evidence of financial support were other options which were not marked for me.

If I had a dollar for every case where someone was asked for financial support but thought it wasn't needed because it wasn't on some checklist....
 
Mom, I did my interview ten days ago and the IO told me that I will receive my approval notice in seven days but no news yet. Also, I just called KCC and they told that USCIS has not requested my file yet from them. I have asked the USCIS to request my KCC file in my two Infopasses, one phone call (ended up in a service request) and at the end of my interview. At the interview, the IO told that he has requested everything that he needs. At this last call the lady in KCC told if USCIS officer doesn't need it, I would not be worried. Now I hav 2 questions:
1- can IO approve my case without the KCC file?
2- If KCC file is mandatory, how can I ask USCIS to request the file? It seems they don't really get what I meant.
 
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Mom, I did my interview ten days ago and the IO told me that I will receive my approval notice in seven days but no news yet. Also, I just called KCC and they told that USCIS has not requested my file yet from them. I have asked the USCIS to request my KCC file in my two Infopasses, one phone call (ended up in a service request) and at the end of my interview. At the interview, the IO told that he has requested everything that he needs. At this last call the lady in KCC told if USCIS officer doesn't need it, I would not be worried. Now I hav 2 questions:
1- can IO approve my case without the KCC file?
2- If KCC file is mandatory, how can I ask USCIS to request the file? It seems they don't really get what I meant.

1. AFAIK, the IO cannot or shouldn't be approving the case without the KCC file.

2. AFAIK, there's no way for you to 'ask' your FO to request the KCC file. The IO, if he/she wasn't previously aware of the need to request the file will eventually get to a stage along the approval process when the need to make the request dawns on them and they follow suit.
 
1. AFAIK, the IO cannot or shouldn't be approving the case without the KCC file.

2. AFAIK, there's no way for you to 'ask' your FO to request the KCC file. The IO, if he/she wasn't previously aware of the need to request the file will eventually get to a stage along the approval process when the need to make the request dawns on them and they follow suit.
Thanks! Tired of waiting and seeing the delays made probably by lack of knowledge!
 
Hello all!

So I am currently on OPT, which expires on May 10th (thanks to some new legislation ). I filed my AOS paperwork in February and had biometrics on March 25th. I only have a few weeks till my OPT expires. I really would like to have my new EAD by then (May 10th would be exactly 3 months since filing). I read somewhere on this great internet, that you can contact your local congressman if you'd like an EAD expedited. Has anyone with DV AOS gone this route? Is it too drastic? Or is there another way to have it expedited?
 
Hello all!

So I am currently on OPT, which expires on May 10th (thanks to some new legislation ). I filed my AOS paperwork in February and had biometrics on March 25th. I only have a few weeks till my OPT expires. I really would like to have my new EAD by then (May 10th would be exactly 3 months since filing). I read somewhere on this great internet, that you can contact your local congressman if you'd like an EAD expedited. Has anyone with DV AOS gone this route? Is it too drastic? Or is there another way to have it expedited?

After 75 days of filing I-765 (Application for Employment Auhorization) you can contact USCIS to create a service request.
That's what I did, and got my I-131 and I-765 approved the same day my request got assigned to an officer.

For more info: https://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

Good luck!
 
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