DV 2021 AOS Only

[ssdew]

Hi sm1smom,
Should I wait for KCC 2NL (confirmation about AOS) and DV fee receipt to send the package? Any risk of rejecting the application?

DV payment cashed on April 29th. Everything is ready except that receipt.

 

[Sm1smom]

Hello everyone,

Quick question:
My online status is at “your case is ready to be scheduled for an interview”, does it mean that my background check is cleared? Bc I thought that happens only after biometrics. Thank you for the clarification

No it doesn’t mean that. It is nothing more than a confirmation your FO is aware of your case, they have your case file forwarded from the NBC. Some FOs put up this update, some don’t. The update about being ready to be scheduled for an interview could be displayed for several months before bio has been scheduled as a matter of fact. Don’t try to decode or look for some hidden meaning from it, there isn’t.

 

[Sm1smom]

Hi sm1smom,
Should I wait for KCC 2NL (confirmation about AOS) and DV fee receipt to send the package? Any risk of rejecting the application?

DV payment cashed on April 29th. Everything is ready except that receipt.

Go through the FAQ section of the AOS process spreadsheet.

 

[YoYo-2021]

There’s no such thing as 90 day rule. It is basically some guideline provided by DOS to consular officers, it is not binding on USCIS. The IO will review the totality of the circumstances, regardless of the so called 90 day rule in determining if you’re attempting to circumvent the immigration process.

Some of the things the IO will be looking at includes if you were already in the US when you found out about your DV selection, how long you’ve been out of the US before returning to file a DV based AOS application, what was the duration of stay granted when you originally came to the US on your O1 and the purpose/event for which the visa was granted, has it already concluded? Did you return to the US for another event or simply to process a DV based AOS?

The fact that you already submitted your DS-260 with the mind of processing AOS and your being a named plaintiff in a recently filed mandamus are clear indications of an attempt at circumventing the immigration process which the IO can hold on to.

While I really do empathize with you and other selectees processing CP whose embassies are not processing DV based applications, or who are not likely to make it through because KCC is not scheduling them for interviews, I’m sorry I cannot provide you with DV based AOS guidance based on my knowing you are indeed trying to circumvent the immigration process.

Thank you for your answer.

First of all, I did not know they was such a thing as "trying to circumvent the immigration process". I have been told there was an option to switch from CP to AOS and this is only what I am trying to gather information on.

I am only trying, while staying in my right, to legally travel under a valid O-1 and continue the DV application process in the United States. The O visa has dual intent which allows me to do so legally. I have been living legally in the US for 10 years, and only decided to spend time close to my family back home during the pandemic.

So far, I have only submitted my DS-260 with the mind of going through the CP route.

I cannot help but feel judged by your previous response. The Internet can be harsh at times, or maybe (I hope) I am misinterpreting your tone.

I should probably ask a lawyer directly about it.

 

[ssdew]

Go through the FAQ section of the AOS process spreadsheet.

Got it !! Thanks, sm1smom !!!!

 

[Sm1smom]

Thank you for your answer.

First of all, I did not know they was such a thing as "trying to circumvent the immigration process". I have been told there was an option to switch from CP to AOS and this is only what I am trying to gather information on.

I am only trying, while staying in my right, to legally travel under a valid O-1 and continue the DV application process in the United States. The O visa has dual intent which allows me to do so legally. I have been living legally in the US for 10 years, and only decided to spend time close to my family back home during the pandemic.

So far, I have only submitted my DS-260 with the mind of going through the CP route.

I cannot help but feel judged by your previous response. The Internet can be harsh at times, or maybe (I hope) I am misinterpreting your tone.

I should probably ask a lawyer directly about it.

Rather unfortunate you see my explanation of how the IO is likely to view your attempt as me being judgmental or harshly criticizing your plan. Too bad.

Yes, please go talk to a lawyer.

 

[Rick_USA]

As for me, I sent my DV Fee on April 20th (USPS first class mail with a certified mail receipt (white and green small paper with a tracking number). However, after two weeks my mail wasn't delivered. Nobody can find it. I have made a money order inquiry to refund it and sent a new one with a priority express USPS (should be delivered the next day). I put priority mail (white red envelope) as a self-addressed envelope. It has a tracking number too. Hope this time everything will be delivered. Do not want to send AOS package without a receipt.

Igor, that's incredible. That is exactly the same issue I have. Check issued and sent on April 20th with USPS first class mail. I'm still trying to understand where my check is. Did you cancel the old check before sending the new one via priority express USPS?

 

[Blade_]

@IgorMirs Thanks for sharing. I did send with Express (overnight) with Express SASE.

Do not want to send AOS package without a receipt.

I thought the same, but I feel waiting may be risky itself as it will get closer to the end of FY. Plus, problems like yours might occur.

I've seen users w/ accepted package w/o receipt. Have you recently seen user whose package was rejected b/c of not including the receipt?

 

[raphael1899]

@IgorMirs Thanks for sharing. I did send with Express (overnight) with Express SASE.

I thought the same, but I feel waiting may be risky itself as it will get closer to the end of FY. Plus, problems like yours might occur.

I've seen users w/ accepted package w/o receipt. Have you recently seen user whose package was rejected b/c of not including the receipt?

The DOS webpage with instructions on how to pay the fee states to "Bring the receipt that is mailed back to you to your interview at USCIS." It doesn't say that it has to be included in the package.

Adjustment of Status in the United States

travel.state.gov

I'm not sure how many packages that are sent without the receipt are rejected. Mine was not.

 

[Blade_]

The DOS webpage with instructions on how to pay the fee states to "Bring the receipt that is mailed back to you to your interview at USCIS." It doesn't say that it has to be included in the package.

Thanks @raphael1899. But it does say to include it here (under "Application Process and Supporting Evidence"):

uscis.gov/green-card/green-card-eligibility/green-card-through-the-diversity-immigrant-visa-program

Mine was not.

That is great to hear. How much did it take for you to receive the acceptance notice (from delivery date)?

 

[raphael1899]

Thanks @raphael1899. But it does say to include it here (under "Application Process and Supporting Evidence"):

uscis.gov/green-card/green-card-eligibility/green-card-through-the-diversity-immigrant-visa-program


That is great to hear. How much did it take for you to receive the acceptance notice (from delivery date)?

Interesting. Thanks for pointing that out.

My package was delivered 12/17, the check was cashed 12/23, and I received the acceptance notice on 1/11. So less than a month.

 

[Sm1smom]

The DOS webpage with instructions on how to pay the fee states to "Bring the receipt that is mailed back to you to your interview at USCIS." It doesn't say that it has to be included in the package.

Adjustment of Status in the United States

travel.state.gov

I'm not sure how many packages that are sent without the receipt are rejected. Mine was not.

The page you referenced also indicates one needs to contact USCIS to confirm eligibility, and if USCIS confirms eligibility to go ahead and book an appointment with your local office - are those the steps you took?

 

[Troy123]

Hi Mom!

While my interview has been scheduled for 05/27, I still haven't received a notice for biometrics service. It has been more than 2 weeks since I got my interview notice and now I am feeling a bit restless. So, my questions to you are:

1. Based on some members' timelines, I think it is okay to have biometrics after the interview?
2. Can I write (letter) to NBC or my FO detailing my issue? Would that usually be considered by USCIS?
3. How can I expedite biometrics service? Would initiating a congressional inquiry or talking to a tier 2 agent be helpful (or sounds reasonable) to schedule biometrics at this point? It has been over 90 days since I filed and about 2 months since I received my lockbox acceptance notification.

Thank you!

 

[raphael1899]

The page you referenced also indicates one needs to contact USCIS to confirm eligibility, and if USCIS confirms eligibility to go ahead and book an appointment with your local office - are those the steps you took?

No, they are not. I was simply pointing out a piece of information I found on the DOS official website. My post was not meant as a suggestion that people should not include their DV receipt.

 

[Sm1smom]

Hi Mom!

While my interview has been scheduled for 05/27, I still haven't received a notice for biometrics service. It has been more than 2 weeks since I got my interview notice and now I am feeling a bit restless. So, my questions to you are:

1. Based on some members' timelines, I think it is okay to have biometrics after the interview?
2. Can I write (letter) to NBC or my FO detailing my issue? Would that usually be considered by USCIS?
3. How can I expedite biometrics service? Would initiating a congressional inquiry or talking to a tier 2 agent be helpful (or sounds reasonable) to schedule biometrics at this point? It has been over 90 days since I filed and about 2 months since I received my lockbox acceptance notification.

Thank you!

1. Yes, it happens.
2. I don't see anything to write to them about, however you may do so if you like.
3. There's no formal process for expediting the bio. You can try talk to a tier 2 agent to see if they're able to contact NBC or schedule the bio appointment. I wouldn't recommend wasting the congressional inquiry option on this - think of it as having one bullet, will you rather waste it or keep it for when you might actually need it? You however can proceed with a congressional inquiry for the bio if you like.

 

[Sm1smom]

No, they are not. I was simply pointing out a piece of information I found on the DOS official website. My post was not meant as a suggestion that people should not include their DV receipt.

And I was also pointing out the DOS official website is not quite accurate. The DOS while it may have oversight of the DV process in general, it has no jurisdiction on how the USCIS operates, the instructions they provide clearly shows they do not know how USCIS operates either.

 

[raphael1899]

And I was also pointing out the DOS official website is not quite accurate. The DOS while it may have oversight of the DV process in general, it has no jurisdiction on how the USCIS operates, the instructions they provide clearly shows they do not know how USCIS operates either.

If you think my post is misleading or confusing, I can delete it. I definitely don't want to cause any confusion.

 

[Sm1smom]

If you think my post is misleading or confusing, I can delete it. I definitely don't want to cause any confusion.

There's no need for that. The needed clarification has already been made. The AOS process spreadsheet also points out people may submit their AOS package without the DV receipt if they like, they just need to be aware of the slight risk associated with that.

 

[Adam15]

Can you help me understand what is the certified translation for a birth certificate? Is the translator's stamp enough or it should be notarized or even with Apostille?

 

[Sm1smom]

Can you help me understand what is the certified translation for a birth certificate? Is the translator's stamp enough or it should be notarized or even with Apostille?

It doesn't need to be notarized or contain an Apostille. The B/C needs to be a long form version from the recognized issuing authority per the DOS Visa Reciprocity page.
If the original document is not in English, the translator just needs to include a signed statement certifying to their fluency in both English and the language the document has been translated from.