Sm1smom
Super Moderator
Awesome. Congratulations.
DV 2025 AOS (Adjustment of Status) Process Only
- Thread starter Sm1smom
- Start date
I waited until I got my denial case to provide the update.
My husband's (principal DV winner) case got approved (even without an interview) and status updated on 9th September. Same day mine got denied (even without any RFE). We first thought it was because of the less evidence of our marriage. We got married on 23rd December 2024 after my husband won the DV lottery. We didn't submit the DS-260.
But, according to the denial notice, I'm not eligible to apply for I-485 as I was not listed in the initial entry (which is obvious as my husband was single at that time).
All the official sites say that we can legally apply to a spouse who gets married after winning the lottery, even though it is not listed in the initial entry.
We are very disappointed with this reason. So, seeking your valuable advice on this.
1. Do you think it is worth trying Motion on this?
2. IF we are to do the 30th September deadline still applies, right?
3. Can you provide a good argument to "fight" back on this, and any necessary information you think will be helpful for us?
Also, we are very grateful for this forum. It is indeed helpful to go through this process and to secure my Husband's green card.
Britsimon
Super Moderator
1. Yes - it is an obviously incorrect decision.
2. Yes
3. The argument is simple, you married after the entry. The more important question is how to fight that - remembering you have very little time.
Crazy. What state of this ? 100% you should try the motion asap
SusieQQQ
Well-Known Member
The instructions for selectees clearly state you can add a family member:
If your family circumstances have changed after you entered the Diversity Visa program, for example, if you married or had a child, you will need to add your new family members to your case. (“Family member” refers to a spouse and/or unmarried children who had not reached age 21 before you entered the DV program.) You will need to upload a document to prove your relationship to the family member being added when adding family members to your case.
Submit Your Immigrant Visa and Alien Registration Application
travel.state.gov
It’s unfortunate you didn’t submit a DS260 - recommended for cases like this, but that’s water under the bridge now. Best you can do is take a copy of the above and try get them to relook at the case. I don’t know if you have time to file a motion to reopen but @Sm1smom may have better info.
Worst case if the FY ends, assuming you are still legally here, your spouse can file an i130. The wait time to file for aos for spouse of LPR is currently only a few months, although it will take significantly longer to actually get a green card.
Thanks so much for your reply; it means a lot in this situation.
Yes, time is our biggest concern, but we think it is very unfair, and we should fight back. At least they will not make this kind of mistake for future applicants.
When you say "how to fight that," do you have any more resources on this? The only thing I know is to submit the I-290 B form. I would appreciate it if you could provide any guidance/suggestions for us if there are any
Thanks again!
Britsimon
Super Moderator
Mom would be the expert on the how, but perhaps a lawyer could help.
Sm1smom
Super Moderator
I'm sorry to learn your case got denied, while your spouse (the main selectee) got approved. It is unfortunate you guys decided to not submit the DS260 form considering you got married after the DV selection (water under the bridge right now, like Susie already noted). I vaguely recollect a similar denial towards the end of the FY a year or two ago - I can't quite recollect the forum member's name as I would have loved to link to their post.
The way forward:
1. File a Motion to Reconsider immediately - as this is an erroneous denial.
2. Visit your congressman/woman or senator immediately and request their assistance with reaching out to your FO to point out the erroneous denial. Impress on them as to why you need their assistance with this follow-up - the FY ending is fast approaching.
3. Visit your FO in person - beg, cry, cajole, plead with the security guards to allow you in to speak with a supervisor, or anyone inside to present your case about the erroneous denial. Again, impress on them the sun-set factor your case is facing.
All three items can happen concurrently. Resources you can submit with your MTR, congressperson, and the walk-in attempt:
1. USCIS Manual - Chap. 2 Section says:
If a principal applicant married, had a child, acquired a stepchild, or adopted a child after submitting an online entry for the DV Program but before becoming an LPR, the spouse and children are still eligible to accompany or follow to join the principal applicant.
2. US DOS Section already shared above by Susie.
blackchemist
Member
Hi Mom,
On myUSCIS I got the update “case was denied.” Today is September 11, and you can imagine how devastating this is. I’ll need to wait for the denial letter,
1) do you know usually how many days it takes to arrive?
I’m current in September, but I filed in July few days after the visa bulletin (and I attached a cover letter explaining that). Let’s suppose the reason is early filing, and I receive the notice on Monday,
2)do you think I can still do something?
3) If I file again, pushing with the congressional office and the lawyer, do you think I still stand a chance?
4) In the case of filing again, would I need to redo the medical examination and biometrics?
Thanks!
On myUSCIS I got the update “case was denied.” Today is September 11, and you can imagine how devastating this is. I’ll need to wait for the denial letter,
1) do you know usually how many days it takes to arrive?
I’m current in September, but I filed in July few days after the visa bulletin (and I attached a cover letter explaining that). Let’s suppose the reason is early filing, and I receive the notice on Monday,
2)do you think I can still do something?
3) If I file again, pushing with the congressional office and the lawyer, do you think I still stand a chance?
4) In the case of filing again, would I need to redo the medical examination and biometrics?
Thanks!
Sm1smom
Super Moderator
Oh men! Tough luck, sorry to learn about the denial.
1. Could be anywhere between the next couple of days to like one or two weeks.
2. You could reach out to your congressperson letting them know your case was erroneously denied and seek their assistance with reaching out to your FO. You’ll need to provide documentation supporting early filing. You can also attempt a walk-in at your FO to try plead your case.
3. That’s a tough call to make. A lawyer can’t do anything about getting the case approved IMO, not unless the lawyer some has inside contacts they can leverage on at your FO.
4. Yes.
blackchemist
Member
Thanks for the reply!
1) Is there any way to know the reasons for the denial before receiving the letter?
2) My attorney, through other lawyers near the FO where I am, managed to get in touch with the supervisors of my FO and sent them an email. Usually, they reply quickly, but let’s see how long it takes this time. Do you think that by pushing in this way I still have a chance (considering that the reason is early filing)?
Sm1smom
Super Moderator
1. None that I know of. What does your attorney think?
2. Possibly.
Thanks so much for your detailed explanation. We submitted a bona fide with our relationship proofs. I doubt whether that got backfired, and the FO assumed that we were already married. We included pictures and a detailed bona fide from 2018, the dates we started dating.
1. We are already halfway through it. I'm working with my attorney, actually, but I do not completely trust them as half of the research was done by me and my husband.
2. We contacted the Congressman at my husband's physical address in Orlando (This is on 8th September, before we got to know his approval). He actually replied today with my husband's approval notice and also mentioned to contact him if we need any other help. My issue is that even though my case was evaluated in Orlando FO, my physical address is in Rochester, NY. Should I bring up this issue the congressman we contacted regarding my husband's case in Orlando? (As he was already being touched by us) or Should I tell this to my congressperson in Rochester.
3. When we file the MTR, it again goes to the Chicago lockbox, right? So, when it gets assigned an FO, do you think it will reach Orlando Fo with our address difference?
4. Again, the same issue: "Visit your FO in person", Do you think they will allow me to walk into the Orlando FO? The only proof I have is the denial notice, which was given by Orlando FO.
Sm1smom
Super Moderator
Perfect example of providing unsolicited information which ended up hurting your case as against helping it. This is the reason we keep telling folks to never volunteer information during their immigration process. Yes, I believe the bonafide information you included hurt your case.
2. Follow up with the same Orlando congressman and don’t emphasize the fact that you’re physically based in Rochester. The assumption is your primary place of residence is in Orlando while currently based in Rochester temporarily - all genuinely married couples are presumed to have a primary residence even if they’re “temporarily” based in different locations, for schooling, as an example in your case.
3. Check online to confirm where it should be mailed to. Be sure to use your husband’s address as your mailing address on the form. This is what you should have done with your I-485 in the first place.
4. You’ll be visiting the Orlando FO since that is the FO that denied the case. There’s no guarantee as to if you’ll be admitted without an appointment which is why I earlier on wrote “beg, cry, cajole, plead with the security guards to allow you in to speak with a supervisor, or anyone inside to present your case about the erroneous denial.”
Sm1smom
Super Moderator
Congratulations and thanks for the update.Hello! I just had my interview today at the Atlanta FO. Came back home, checked my case status, and it already says “New Card Is Being Produced”!!!
Big thanks to everyone here for all the help - and special thanks to Mom for providing this forum and the spreadsheet.
Thanks so much for all these explanations, so grateful!
I have one more question, though. Do you think there's a chance that my motion might adversely affect my husband's decision?
weimellll
New Member
Just want to share that I received my gc yesterday!
Many thanks to @Sm1smom for all the info and spreadsheet, and to everyone here for sharing your experiences. Thanks for building and supporting this community over the years, and to @Britsimon for insightful YT videos.
My case would not have gone this smoothly without all the support here!
Wishing everyone still in the process the very best and a smooth path forward!
(Timeline updated)
Many thanks to @Sm1smom for all the info and spreadsheet, and to everyone here for sharing your experiences. Thanks for building and supporting this community over the years, and to @Britsimon for insightful YT videos.
My case would not have gone this smoothly without all the support here!
Wishing everyone still in the process the very best and a smooth path forward!
(Timeline updated)
Sm1smom
Super Moderator
It shouldn't. Ordinarily, your husband should also have been denied based on their claim of him not including you as his spouse in his eDV entry, which isn't really the case.