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DV 2017 AOS Only

Awaiting moderation

I am 2017 DV winner with and H1B. My DV number is EU000002xxx and cureent. I prepared all the documents and send them to Chicago lockbox in the first half of September.
Today I received the rejection notice and it was asking some additional documents for my wife.

The notice is saying:
The following documents may be provided:
*) Your original Form I-130 or
*) Your original Form I-140 or
*) Your original Form I-360 or
*) Other evidence that an immigration visa petition has been filed/approved on your behalf

In I-485 form, our lawyer recommend to select “b” in Part 2. My wife is using her last name with mine at the same time and hence she has two last names on passport. However our marriage certificate is showing just mine.

Do you have any recommendation about this case?

What should we do?

If we resubmit the application, should we continue to use “b” in Part 2 in I-485.
Should we answer “yes” to “did you apply before” question in the form?
Should we check "b" and "h" at the same time?

I do not know what can I do?

Thanks
 
CountryGirl said:
Ok, we have to bring the original docs and its translation to the interview... But should the translations be original too, or can we just use the copies of the ones we already sent inside the package??
Click to expand...

Since you're keeping the copy for yourself and sending in the original with your package, that's what you get to take along to the interview.
 
alab said:
I am planning on submitting my AOS application tomorrow (my CN is current in Oct). I submitted my OPT application last week and have not received the NOA letter (I-797).
Should I wait until I receive the I-797 before submitting the AOS? Would it hurt anything if I submit the AOS without the I-797?
Click to expand...

I would recommend waiting, there's still plenty of time for the AOS.
 
Eren DAG said:
Awaiting moderation

I am 2017 DV winner with and H1B. My DV number is EU000002xxx and cureent. I prepared all the documents and send them to Chicago lockbox in the first half of September.
Today I received the rejection notice and it was asking some additional documents for my wife.

The notice is saying:
The following documents may be provided:
*) Your original Form I-130 or
*) Your original Form I-140 or
*) Your original Form I-360 or
*) Other evidence that an immigration visa petition has been filed/approved on your behalf

In I-485 form, our lawyer recommend to select “b” in Part 2. My wife is using her last name with mine at the same time and hence she has two last names on passport. However our marriage certificate is showing just mine.

Do you have any recommendation about this case?

What should we do?

If we resubmit the application, should we continue to use “b” in Part 2 in I-485.
Should we answer “yes” to “did you apply before” question in the form?
Should we check "b" and "h" at the same time?

I do not know what can I do?

Thanks
Click to expand...

Your lawyer obviously has no DV experience and has mislead you, hence the rejected package. For the basis of filing (part 2), the right response for the main selectee is 'H' and you're supposed to write something similar to 'Diversity Visa Winner. Selectee Notification Letter attached' in the space in front of it. Your spouse or any other derivative is the only one that selects 'B' in that section.

Since we've established your lawyer is clueless with regards to DV cases, I suggest you spend sometime going over the AOS process spreadsheet available in this forum - you'll find the link to it on the first post on page one of this Thread - use the list on it to cross check what you're sending. The process is quite straightforward, a lawyer isn't typically required.
 
Sm1smom said:
Since you're keeping the copy for yourself and sending in the original with your package, that's what you get to take along to the interview.
Click to expand...

Thank you!!!
Another one about the translation... Should every page of the document be certified?? Or just the document itself at the end would be enough??
 
Sm1smom said:
Your lawyer obviously has no DV experience and has mislead you, hence the rejected package. For the basis of filing (part 2), the right response for the main selectee is 'H' and you're supposed to write something similar to 'Diversity Visa Winner. Selectee Notification Letter attached' in the space in front of it. Your spouse or any other derivative is the only one that selects 'B' in that section.

Since we've established your lawyer is clueless with regards to DV cases, I suggest you spend sometime going over the AOS process spreadsheet available in this forum - you'll find the link to it on the first post on page one of this Thread - use the list on it to cross check what you're sending. The process is quite straightforward, a lawyer isn't typically required.
Click to expand...
My response was "H" and my wife and our kids have "B".
He also recommend us to check "NO" to "Applying with you" question in Part 3B. Should it be "YES" or "NO" for me and for my family members?
Thank you very much for your responses,
 
CountryGirl said:
Thank you!!!
Another one about the translation... Should every page of the document be certified?? Or just the document itself at the end would be enough??
Click to expand...

The document being translated is expected to have the certified statement attached to it - as in signed certified statement being a separate sheet on its own.
 
Sm1smom said:
Nice of you to share images of your assembled package. USCIS however prefers for the documents not to be stapled like you did though.
Click to expand...

Whaaat??? :eek: I had no idea!! I already stapled all of them!!! :(:mad:

Paper clips are ok?? Or not either?? I feel that all my papers are going to mix each other if they are not stapled... I understand their forms not stapled, but not even my documents?? Birth Certificates, I-20s... ??
 
Eren DAG said:
My response was "H" and my wife and our kids have "B".
He also recommend us to check "NO" to "Applying with you" question in Part 3B. Should it be "YES" or "NO" for me and for my family members?
Thank you very much for your responses,
Click to expand...

1. What did you write in front of the 'H' selection? Did you include a copy of your selectee notification letter in both packages? Did you include a copy of the DV administrative fee payment/receipt?

2. Of course that should be 'Yes' for each of you since you're applying together and you're listing each other on each form.
 
CountryGirl said:
Whaaat??? :eek: I had no idea!! I already stapled all of them!!! :(:mad:

Paper clips are ok?? Or not either?? I feel that all my papers are going to mix each other if they are not stapled... I understand their forms not stapled, but not even my documents?? Birth Certificates, I-20s... ??
Click to expand...

It's better to use paper clips and Acco clips - different sizes as applicable. They have to remove all the staple pins in order to scan each item which makes them unhappy campers. The AOS process spreadsheet actually has a section dedicated to package assembly I believe. Anyway, here's on of the links from that page (a USCIS link):

https://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing
 
Sm1smom said:
1. What did you write in front of the 'H' selection? Did you include a copy of your selectee notification letter in both packages? Did you include a copy of the DV administrative fee payment/receipt?

2. Of course that should be 'Yes' for each of you since you're applying together and you're listing each other on each form.
Click to expand...
I added DV selectee letters, copy of e-mail from KCC, DV administrative fee payment receipt. It was only in my package.
I checked the list in the excel file you referred and these documents were mentioned only for the selectee.
Is it the problem?
 
Eren DAG said:
I added DV selectee letters, copy of e-mail from KCC, DV administrative fee payment receipt. It was only in my package.
I checked the list in the excel file you referred and these documents were mentioned only for the selectee.
Is it the problem?
Click to expand...

Okay, looks like the agent that handled your package is either new to the process or was having a bad day. Re-send the package - be sure basis of filing is noted in front of the H selection on your form. Also include a cover note explaining this is a DV based petition. The spreadsheet already has a link to a sample cover letter you can customize.
 
Sm1smom said:
Okay, looks like the agent that handled your package is either new to the process or was having a bad day. Re-send the package - be sure basis of filing is noted in front of the H selection on your form. Also include a cover note explaining this is a DV based petition. The spreadsheet already has a link to a sample cover letter you can customize.
Click to expand...
In fact I am suspicious about my wife's last name. She is using her maiden last name infront of mine and hence she has two last names in every document except our marriage certificate.
Our marriage certificate is just showing my last name as her new last name and therefore there is only one.
Can this be the reason?
 
Eren DAG said:
In fact I am suspicious about my wife's last name. She is using her maiden last name infront of mine and hence she has two last names in every document except our marriage certificate.
Our marriage certificate is just showing my last name as her new last name and therefore there is only one.
Can this be the reason?
Click to expand...

No, I'm certain that's not the reason. The Chicago lockbox will not be adjudicating the case, if there's any concern about your wife's listed last names, the IO will be the one to deal with that. By the way, for the AOS payment, did you use one check leaflet for the entire family, or one per person?

Also how did you arrange your package? Was yours, as the selectee, on top? Was the selectee notification letter prominently displayed in your package?
 
Sm1smom said:
No, I'm certain that's not the reason. The Chicago lockbox will not be adjudicating the case, if there's any concern about your wife's listed last names, the IO will be the one to deal with that. By the way, for the AOS payment, did you use one check leaflet for the entire family, or one per person?

Also how did you arrange your package? Was yours, as the selectee, on top? Was the selectee notification letter prominently displayed in your package?
Click to expand...
I used the AOS package preparation guide in the file and yes, my documents were on top.
I prepared separate checks for everybody, one per person.
I am seeing the scan mark at the bottom of the pages and all of my documents were scanned, all of our son's documents were scanned, some of documents from my wife's fiel and from our daughter package were scanned. I could not see scan marks at the bottom of the pages
 
Eren DAG said:
I used the AOS package preparation guide in the file and yes, my documents were on top.
I prepared separate checks for everybody, one per person.
I am seeing the scan mark at the bottom of the pages and all of my documents were scanned, all of our son's documents were scanned, some of documents from my wife's fiel and from our daughter package were scanned. I could not see scan marks at the bottom of the pages
Click to expand...

So this tells me the package was wrongly rejected by someone who clueless regarding diversity visa - which happens now and then. If the rejection was because of your wife's name like you were suspecting, only her package would have been returned. Anyway, resend the package with a cover letter like I already suggested.

As an aside though, if you were using the AOS process spreadsheet and putting everything together on your (following the guidance provided on the spreadsheet), what on earth did you need a lawyer for? Precisely what did the lawyer do outside of telling you how to fill the form and how much did you pay him/her? Just curious.
 
Sm1smom said:
So this tells me the package was wrongly rejected by someone who clueless regarding diversity visa - which happens now and then. If the rejection was because of your wife's name like you were suspecting, only her package would have been returned. Anyway, resend the package with a cover letter like I already suggested.

As an aside though, if you were using the AOS process spreadsheet and putting everything together on your (following the guidance provided on the spreadsheet), what on earth did you need a lawyer for? Precisely what did the lawyer do outside of telling you how to fill the form and how much did you pay him/her? Just curious.
Click to expand...
In fact when I presented the documents and forms, he said that everything was almost ready and he also said that he was not expecting any problem.
I just tried to prepare a good package and tried to prevent the mistakes. However, we ended up with a rejection.
He recommended to change my answer from "YES" to "NO" in Part 3B, "Applying with you?" question
 
My question is about the Affidavit of support form. Should the supporter fill all the sections like "I have on deposit on savings banks in the united states".
Should he answered it based on all his bank accounts. It's not reasonable. No one wants anyone know who much money he has.
Or maybe just showing he has $15000 in a bank account to support someone is enough.
Would you please guide me in this section?
 
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