DV 2020 AOS Only

[Sm1smom]

Hi,
I am a DV2020 selecte. I had my interview scheduled a couple of days before. I submitted everything right. I also submitted DS260 and received LN1 and LN2 letters from kcc. I also paid the $330 DV fee and receive the receipt.

At my interview appointment the officer told me that they have not received all of my file. They had my I-485 forum with all the paper works I submitted to Chicago Lockbox. The officer said they have not received my file from KCC and they have to rescheduled my interview. They will send me a new interview letter when they receive my KCC file.
I asked them if it’s possible to interview me on that day and wait for KCC to send them my file, the officer said no and I have to wait.

My question is that what should I do now?
Should I mail/call KCC and let them know what happened?
Has anyone heard about the same situation?
Any advice or experience help me a lot.

Thank you very much.

Which FO was this? They should have gone ahead and interviewed you without the KCC file. That has been the typical process when the KCC file is pending at the time of the interview either because the FO hadn’t requested the case file in advance or KCC was yet to respond to the request.

Yes you can contact KCC to find out if your KCC file has been requested by your FO. If yes, you want to find out when the request was made and if the file already got sent. Unfortunately you can’t make a direct request for KCC to send the case file, the request has to come from your FO.

 

[DV2020 Applicant]

Which FO was this? They should have gone ahead and interviewed you without the KCC file. That has been the typical process when the KCC file is pending at the time of the interview either because the FO hadn’t requested the case file in advance or KCC was yet to respond to the request.

Yes you can contact KCC to find out if your KCC file has been requested by your FO. If yes, you want to find out when the request was made and if the file already got sent. Unfortunately you can’t make a direct request for KCC to send the case file, the request has to come from your FO.

My interview was at Los Angeles field office. I called KCC today and a recorded message said they are closed due to the weather condition.
I asked the field officer if they requested my file from KCC and the officer stopped for a second and then said yes (looked like wasn’t sure about it).

I really wonder if any other DV selecte had the same issue with Los Angeles field office.

 

[Sm1smom]

My interview was at Los Angeles field office. I called KCC today and a recorded message said they are closed due to the weather condition.
I asked the field officer if they requested my file from KCC and the officer stopped for a second and then said yes (looked like wasn’t sure about it).

I really wonder if any other DV selecte had the same issue with Los Angeles field office.

That’s quite a surprise. The LA FO is quite familiar with the DV based AOS process. It is possible the assigned IO is new to DV based AOS though and only realized he needed the KCC file too. Nonetheless he could have still gone ahead and conducted the interview.

 

[DV2020 Applicant]

That’s quite a surprise. The LA FO is quite familiar with the DV based AOS process. It is possible the assigned IO is new to DV based AOS though and only realized he needed the KCC file too. Nonetheless he could have still gone ahead and conducted the interview.

From the officer behavior I think I was the first DV AOS he had.
On the DV 2020 timeline I see that there is a selecte who had their interview today (Feb. 14). Is it possible for me to message them on this platform and ask what happened to their case ?

 

[Sm1smom]

From the officer behavior I think I was the first DV AOS he had.
On the DV 2020 timeline I see that there is a selecte who had their interview today (Feb. 14). Is it possible for me to message them on this platform and ask what happened to their case ?

I don’t know who the selectee is - no way of knowing unless the person decides to discuss their case here - or they may decide to send you a PM if they wish to.

 

[asm_dv]

1. You don’t need to include them in your AOS package. You however should take them to your interview and present the documents if asked.

2. Meeting the self sufficiency requirements means both you and your wife meet that together. Your ability to meet that will be assessed as a family, not as an individual. So I’m not quite sure what you mean by you meet the requirements but your wife doesn’t.
Foreign assets may be used, just make sure you follow the instructions regarding use of assets:
“List only the assets that can be converted into cash within 12 months. Provide the value of any asset held in the United States or outside the United States, in U.S. dollars.
If you or a household member owns a home, you may include the net value of your or the household member’s home as an asset. The net value of the home is the appraised value of the home, minus the sum of all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your or your household member’s home, then you must include documentation demonstrating that you or the household member owns it, a recent appraisal by a licensed appraiser, and evidence of the amount of all loans secured by a mortgage, trust deed, or other lien on the home.
You may not include the net value of an automobile unless you or your household member shows that you or your household member have/has more than one automobile, and at least one automobile is not included as an asset.
If you list assets or resources, submit evidence of the value of your or your household member(s)’s assets. You must include the name of the asset holder, a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value.”
Read more from the Self Sufficiency Form Instructions

3. Your tax filings will be used for her package - I’m assuming you’ve been filing your taxes as married, even if there’s no income for your wife to report.

4. Demonstrated required income should be at least 125% of the Federal Poverty Guidelines

Thank you so much @Sm1smom

 

[RahulSingh1]

Hi Mom,
according to i-944 instructions, for part 4 (education skills):
"Foreign education should include an evaluation of equivalency to education or degrees acquired at accredited colleges, universities, or educational institutions in the United States."
I am a PHD student here in US that means my previous degrees were already accepted by an accredited university. Does a letter from my university suffice for my previous (M.S. and B.S.) degrees, or I have to go through NACES?

You can use www.evaluationservice.net for your degree evaluation purposes. Most people who apply for National Interest Waiver (NIW)-EB2 and need degree evaluation use this service.

 

[asm_dv]

This new I944 questions will never end!

I feel bad for troubling the forum so much as well. @RahulSingh1 brought up good advise. Can either Rahul or someone else elaborate on the education certificate accreditation and evaluation process? My bachelor is from US and my Masters is from Singapore and already accredited. However my wife's bachelor and first masters are from her country and it is not accredited her second masters is from accredited university. We translated the certificates through her embassy and it has been also notarized by embassy.

Q1: Do we still need to evaluate her degrees?

 

[Britsimon]

This new I944 questions will never end!

I feel bad for troubling the forum so much as well. @RahulSingh1 brought up good advise. Can either Rahul or someone else elaborate on the education certificate accreditation and evaluation process? My bachelor is from US and my Masters is from Singapore and already accredited. However my wife's bachelor and first masters are from her country and it is not accredited her second masters is from accredited university. We translated the certificates through her embassy and it has been also notarized by embassy.

Q1: Do we still need to evaluate her degrees?

If you are the principal selectee, no.

 

[aussie expat]

1. A - you’re applying for a new EAD card which is DV AOS based - which has nothing to do with your current E3 visa.
2. C9.

Your situation is not quite unique. And we’ve had several selectees in the past who went from E3 to DV based GC.

Thank you so much. That's great to know. I was searching for E3 and E-3 and nothing was coming up in the forum. It's been hard to find info specific to this situation online. Can you recommend any links or search terms that will direct me to advice about the E3 to DV process?

 

[Sm1smom]

Thank you so much. That's great to know. I was searching for E3 and E-3 and nothing was coming up in the forum. It's been hard to find info specific to this situation online. Can you recommend any links or search terms that will direct me to advice about the E3 to DV process?

E3, H1B, L1, TN, etc - the process is the same! The specific info you should be seeking is what the DV based AOS process in general entails.

My suggestion is for you to go through the AOS Process Spreadsheet - this has a step by step guidance on the process involved, which is what you need to familiarize yourself with. One of the tabs on that spreadsheet has a list of both the present and past Timeline spreadsheets which has a list of selectees currently going through or already gone through the process - some of those were on E3 status.

 

[aussie expat]

Thank you, I'm using the spreadsheet and it's really helpful. It was just that I was searching for specific things, like the above. I hadn't found that info. It's a little scary not using a lawyer. My number has just gone current, and I'm getting organised to apply, medical is already done. DOS check was sent 3 weeks ago, still waiting on the receipt, impatiently. However I've had advice from a few people that I should wait, since I came back into the country on Jan 8th, from visiting family. That I am supposed to wait 90 days? I am worried about running out of time before Sept 30. Have you heard of anyone being rejected over this? It will be at least 45 days, if the receipt ever turns up.

 

[Giovanna]

Good morning @Sm1smom
I was reading the past timeline spreadsheet and I notice that some people wrote that they did not have an interview. Instead, they got the welcome letter and the green card.
1) How comes FOs didn t schedule an interview?

 

[Sm1smom]

Thank you, I'm using the spreadsheet and it's really helpful. It was just that I was searching for specific things, like the above. I hadn't found that info. It's a little scary not using a lawyer. My number has just gone current, and I'm getting organised to apply, medical is already done. DOS check was sent 3 weeks ago, still waiting on the receipt, impatiently. However I've had advice from a few people that I should wait, since I came back into the country on Jan 8th, from visiting family. That I am supposed to wait 90 days? I am worried about running out of time before Sept 30. Have you heard of anyone being rejected over this? It will be at least 45 days, if the receipt ever turns up.

Relax, you have enough time to complete the process. This is only February. There are some who strongly believe there’s no such thing as 90 day rule because intent is determined at the time of admission and if you’re already admitted into the US without any issue, you can AOS the very next day if you like. I on the other hand am on the side of being cautious and playing it safe. But before I go much too deep into this, some questions for you:

1. Were you already in the US on E3 when you found out about your DV selection?
2. When did you travel out and when did you return to the US?
3. Did you submit the DS260 form? If yes, when?

 

[Sm1smom]

Good morning @Sm1smom
I was reading the past timeline spreadsheet and I notice that some people wrote that they did not have an interview. Instead, they got the welcome letter and the green card.
1) How comes FOs didn t schedule an interview?

Because the IO in charge of the case (at the FO) decided they had all the information they needed to adjudicate and approve the case without an interview - they have the discretion to approve without an interview.

All the documents we’ve listed on the AOS process spreadsheet is to enable people submit what is considered a “front loaded” package - which may lead to being approved without an interview. It has worked a couple of times as you’ve seen on the Timeline spreadsheet. Having a front loaded package can also make the interview a mere formality, meaning the IO would have had enough time to review the adjustment package before seeing the petition and if the background check already cleared, KCC file already received, etc, they tend to approve on the spot or shortly after the interview.

 

[Giovanna]

Because the IO in charge of the case (at the FO) decided they had all the information they needed to adjudicate and approve the case without an interview - they have the discretion to approve without an interview.

All the documents we’ve listed on the AOS process spreadsheet is to enable people submit what is considered a “front loaded” package - which may lead to being approved without an interview. It has worked a couple of times as you’ve seen on the Timeline spreadsheet. Having a front loaded package can also make the interview a mere formality, meaning the IO would have had enough time to review the adjustment package before seeing the petition and if the background check already cleared, KCC file already received, etc, they tend to approve on the spot or shortly after the interview.

I understand.
Thank you and have a good day

 

[Giovanna]

I understand.
Thank you and have a good day

@Sm1smom I am sorry if i still bother you but I just checked my USCIS account few minutes ago and It shows that 2 days ago they sent me the card for the form I 765 and same thing for the form 131. I have a student visa and I am wondering if it is a good thing start to work even if I still don't have an interview scheduled, of course keeping the visa student valid because that is my priority, or it is better waiting to complete the process.
Thank you in advance

 

[RahulSingh1]

I have a question regarding section "U.S. Mailing Address" of form I-485. I want to use P.O. Box as my mailing address. Is it correct to fill out the address part as follows? I just put my P.O. Box number in "Street Number and Name" and choose my city and state and zip code.

13.a. In Care of Name (if any): N/A
13.b. Street Number and Name: P.O. Box 77777
13.c. Apt. Ste. Flr. N/A
13.d. City or Town: Houston
13.e. State: TX ZIP Code: 77001

 

[Sm1smom]

@Sm1smom I am sorry if i still bother you but I just checked my USCIS account few minutes ago and It shows that 2 days ago they sent me the card for the form I 765 and same thing for the form 131. I have a student visa and I am wondering if it is a good thing start to work even if I still don't have an interview scheduled, of course keeping the visa student valid because that is my priority, or it is better waiting to complete the process.
Thank you in advance

If you use the AOS based EAD to work (or the AP card to travel), you’re technically no longer in student status so if your AOS petition gets denied (for some reason), you’ll no longer have a fall back status. If you want to maintain your student status, wait until your AOS petition is approved before taking up authorized employment or traveling outside the US.

 

[Giovanna]

If you use the AOS based EAD to work (or the AP card to travel), you’re technically no longer in student status so if your AOS petition gets denied (for some reason), you’ll no longer have a fall back status. If you want to maintain your student status, wait until your AOS petition is approved before taking up authorized employment or traveling outside the US.

Thank you very much
Does have sent an Ead at travel authorization means that the FO is moving with the petition or it does not relate?