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DV 2018 AOS Only

Aaron P said:
Thanks Mom - have done.
Unfortunately it just says the usual "we received your biometrics fee and are reviewing your case". My hope is that the letter arrives in a more timely manner this time and I will then attempt a walk in.
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An update on this for anyone who may end up in the same scenario.
After calling USCIS and scheduling a new bio appointment, a new letter was received within 5 days. I then went straight to the ASC the next day and successfully had an early walk in appointment.
For reference your Bio letter should arrive well before 30 days, so if it has been over 20 days I would follow up with a phone call as there is still a chance that they can fax your letter to you and you won't miss your original appointment!
 
Britsimon said:
Iranian women tend to have faster background checks than Iranian men. This is similar to CP cases where an Iranian man has a very HIGH chance of long AP process, whereas Iranian women have less possibility of that sort of AP. The obvious difference is military service that is required for men over 18 in Iran. Military service is not the ONLY factor that requires background checks - but it is a factor that is different between men and women.
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You are right I am a woman and I received my Visa in 2015 after only 28 days. But my friend whom I mentioned was with her husband and both got cleared faster than other cases. I know that my country does not give the US any information about their people, the funny point is that some people can get cleared very fast and some take more than 6 months. But I am totally agreed with you that there are some exceptions and generally this process takes longer for Iranians.
 
Jarr said:
Hi mom,

I went to the FO and tried to defend my case on early filling. Unfortunately, the supervisor stood by the denial decision with a surprisingly rude manner. I waited 5 hours to talk to them and tried to explain my situation very clearly but seemed that he already had the answer in his minds. He printed out the instruction to file on the USCIS.gov website. I pointed him out the part regarding the early filling, which he seemed to be confused. I also brought the memorandum and tried to show him the example written in the memo and clearly he didn't want to listen anymore.

At the end he said "You are on my nerve right now and I've had enough of this, I will have the guards escort you out". I was talking to him calmly all of the time but all of the sudden he just seemed to be frustrated so I was kind of surprised.

Anyway, to refile the application.
1. Do I need to include any of the rejection letter in the package?
2. In I485 I just need to add my A number from the rejection letter to the new form, is that correct?
3. Any general advise on refilling the AOS package?

Thank you very much.
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Which field office it was?
 
Hi Mom,

My Wife's Number is becoming current this May and I am also a derivative applicant.

Now, my Wife is a grad student (on an F1 Student Visa) and she is graduating this June. Come May 1st, we are going to send our AOS Packages (for her and Myself).

1) Do we mail the two AOS Packages separately or could/should they be together? My current assumption is as long as they're properly compiled in two separate folders/bundles (one folder containing all of her documents and the other folder containing all of my documents), then they can still be mailed together?

Also, my Wife will need to apply for OPT Work Authorization, using Form I-765. She can start applying for OPT as soon as 90 days prior to her graduation or as late as 60 days after her graduation.

2) Will applying for this OPT separately from the AOS Application cause any conflict with our AOS Applications?

I notice that there is also an option to apply for Work Authorization with/through this AOS Application but we feel that applying through her F1 Visa (OPT Route) may be a little bit safer as it would also extend her F1 Visa Validity by another year, upon approval of the OPT. OPT is valid for a year. So in case our AOS Application moves a bit slower than expected and if we receive our GCs only in July/Aug/Sept, at least her F1 Visa validity would be extended beyond June (because of the OPT Approval).

3) Do you think we are making the right move, with regards to applying for Work Authorization through F1 instead of AOS?

Any input would be appreciated!

Thanks again for everything you've done for all of us!
 
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febzz said:
Hi Mom,

My Wife's Number is becoming current this May and I am also a derivative applicant.

Now, my Wife is a grad student (on an F1 Student Visa) and she is graduating this June. Come May 1st, we are going to send our AOS Packages (for her and Myself).

1) Do we mail the two AOS Packages separately or could/should they be together? My current assumption is as long as they're properly compiled in two separate folders/bundles (one folder containing all of her documents and the other folder containing all of my documents), then they can still be mailed together?

Also, my Wife will need to apply for OPT Work Authorization, using Form I-765. She can start applying for OPT as soon as 90 days prior to her graduation or as late as 60 days after her graduation.

2) Will applying for this OPT separately from the AOS Application cause any conflict with our AOS Applications?

I notice that there is also an option to apply for Work Authorization with/through this AOS Application but we feel that applying through her F1 Visa (OPT Route) may be a little bit safer as it would also extend her F1 Visa Validity by another year, upon approval of the OPT. OPT is valid for a year. So in case our AOS Application moves a bit slower than expected and if we receive our GCs only in July/Aug/Sept, at least her F1 Visa validity would be extended beyond June (because of the OPT Approval).

3) Do you think we are making the right move, with regards to applying for Work Authorization through F1 instead of AOS?

Any input would be appreciated!

Thanks again for everything you've done for all of us!
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1. Mail together.

2. It shouldn’t.

3. Yes you are.
 
The resources and discussions at this forum have been very helpful to me.

I attended my AOS interview yesterday and the interview went well. There was just one surprising observation though. The Immigration Officer was unsure whether the DV Selectee letter was sufficient to indicate eligibility for AOS processing, even though I was legally in the US on a J-1, and my 2-year home residency requirement has been waived by the DOS. We explained to them that according to their website, this is the only document that establishes eligibility. We were told that they will confirm our explanation and get back to us with a decision.

Has anyone experienced such a thing before? If so, how did it go? Should we have provided any additional information?

Thanks in advance for your response.
 
gettingStarted said:
The resources and discussions at this forum have been very helpful to me.

I attended my AOS interview yesterday and the interview went well. There was just one surprising observation though. The Immigration Officer was unsure whether the DV Selectee letter was sufficient to indicate eligibility for AOS processing, even though I was legally in the US on a J-1, and my 2-year home residency requirement has been waived by the DOS. We explained to them that according to their website, this is the only document that establishes eligibility. We were told that they will confirm our explanation and get back to us with a decision.

Has anyone experienced such a thing before? If so, how did it go? Should we have provided any additional information?

Thanks in advance for your response.
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The IOs often don't understand DV cases. They check, and things get resolved. Relax and wait.
 
gettingStarted said:
The resources and discussions at this forum have been very helpful to me.

I attended my AOS interview yesterday and the interview went well. There was just one surprising observation though. The Immigration Officer was unsure whether the DV Selectee letter was sufficient to indicate eligibility for AOS processing, even though I was legally in the US on a J-1, and my 2-year home residency requirement has been waived by the DOS. We explained to them that according to their website, this is the only document that establishes eligibility. We were told that they will confirm our explanation and get back to us with a decision.

Has anyone experienced such a thing before? If so, how did it go? Should we have provided any additional information?

Thanks in advance for your response.
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Actually the IO is right. DV selectee notification letter is alone is not sufficient to establish AOS eligibility.

Additional eligibility criteria includes :
1. You are physically present in the United States as at the time of confirming your DV selection (legally residing in the US on a NIV or some other legal status as at the time of DV selection).
2. You were inspected when you entered the US (you came into the country legally).
3. You have never violated your admitted status by undertaking unauthorized employment, You're not currently out of status.

These are the things the IO needs to confirm before your petition can be approved.
 
Hello mom and everyone,,

my online status changed into “we are producing your card and will mail it to you “
We will mail your green card , employment authorization document,or combo card (EAD and Advance parole) to the address you gave us .
It is exciting news , but then i was thinking I didn’t apply for EAD or AP so is this is normal?

Thank you mom for the great work you are doing here , we all appreciate your help and no words can express how gratitude we are .
 
Jozer basha said:
Hello mom and everyone,,

my online status changed into “we are producing your card and will mail it to you “
We will mail your green card , employment authorization document,or combo card (EAD and Advance parole) to the address you gave us .
It is exciting news , but then i was thinking I didn’t apply for EAD or AP so is this is normal?

Thank you mom for the great work you are doing here , we all appreciate your help and no words can express how gratitude we are .
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Don’t stress over the wording of what the update says it’s getting sent. Just look forward to receiving your GC in the mail.

Congratulations.
 
Sm1smom said:
Actually the IO is right. DV selectee notification letter is alone is not sufficient to establish AOS eligibility.

Additional eligibility criteria includes :
1. You are physically present in the United States as at the time of confirming your DV selection (legally residing in the US on a NIV or some other legal status as at the time of DV selection).
2. You were inspected when you entered the US (you came into the country legally).
3. You have never violated your admitted status by undertaking unauthorized employment, You're not currently out of status.

These are the things the IO needs to confirm before your petition can be approved.
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Thanks for your quick response. I'll keep waiting and not worry since I satisfy all the three conditions stated above.
 
febzz said:
3) Do you think we are making the right move, with regards to applying for Work Authorization through F1 instead of AOS?
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Why don't you apply for both? There is no conflict. And if there is a delay in one, you have another card for safety. And as long as you don't use the I-485 work authorization, it shouldn't affect the immigration status of the card holder. I don't see how it could hurt to apply for both. It wouldn't change her immigration status just to have the work authorization. It's using it that would change her status. That's what I did with my case.
 
Hello mom,

I am a 2018-DV lottery winner residing in US. My case number AS89xx, Thus waiting anxiously to apply through AOS. I and my wife planning to applying and getting an interview via AOS process while my wife is planing to apply for F2 visa after her OPT status expires in May 15th 2018 (I am the primary applicant for the DV lottery). So my question is, will it be a problem to apply for AOS while her F2 visa application is pending or does she have to have the visa in hand by the time we apply for the AOS or go to the interview? . This question aroused due to fact that, it will take around 6 months to get the F2 if applied from US , and it will be very quick if it is done from our home country. Any advice will be appreciated. thanks
 
ruch331 said:
Hello mom,

I am a 2018-DV lottery winner residing in US. My case number AS89xx, Thus waiting anxiously to apply through AOS. I and my wife planning to applying and getting an interview via AOS process while my wife is planing to apply for F2 visa after her OPT status expires in May 15th 2018 (I am the primary applicant for the DV lottery). So my question is, will it be a problem to apply for AOS while her F2 visa application is pending or does she have to have the visa in hand by the time we apply for the AOS or go to the interview? . This question aroused due to fact that, it will take around 6 months to get the F2 if applied from US , and it will be very quick if it is done from our home country. Any advice will be appreciated. thanks
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Your wife doesn’t need to have a valid visa on hand before she can apply for AOS. She needs a valid STATUS. A visa is what one travels into the US with, you don’t need a visa if you’re already in the US. Plus a visa is issued by the embassy/consulate, USCIS issues change of status. It’s important to know the difference between the two to ensure you’re doing the right thing.

1. Having a pending COS (change of status) petition with USCIS when the AOS petition gets filed will not create a problem for the AOS petition. Because the COS is filed and accepted prior to filing AOS, it ensures your wife is still in a valid status and is eligible for AOS. However the COS will most likely get denied since the COS is a request for a non-immigrant status while the AOS is a request for an immigrant status.

2. Geting a F2 visa from the embassy and traveling back to the US with the mind of processing AOS is not allowed. This could be deemed as a fraudulent intent because if she told the CO that will issue the F2 visa or the IO she meets at the POE she’s planning on processing AOS once she gets in, the visa will not be issued/she will not be admitted back into the US. Having a concealed immigrant intent while entering the country on a NIV is considered fraudulent.
 
Sm1smom said:
Your wife doesn’t need to have a valid visa on hand before she can apply for AOS. She needs a valid STATUS. A visa is what one travels into the US with, you don’t need a visa if you’re already in the US. Plus a visa is issued by the embassy/consulate, USCIS issues change of status. It’s important to know the difference between the two to ensure you’re doing the right thing.

1. Having a pending COS (change of status) petition with USCIS when the AOS petition gets filed will not create a problem for the AOS petition. Because the COS is filed and accepted prior to filing AOS, it ensures your wife is still in a valid status and is eligible for AOS. However the COS will most likely get denied since the COS is a request for a non-immigrant status while the AOS is a request for an immigrant status.

2. Geting a F2 visa from the embassy and traveling back to the US with the mind of processing AOS is not allowed. This could be deemed as a fraudulent intent because if she told the CO that will issue the F2 visa or the IO she meets at the POE she’s planning on processing AOS once she gets in, the visa will not be issued/she will not be admitted back into the US. Having a concealed immigrant intent while entering the country on a NIV is considered fraudulent.
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thanks for you kind reply. It is very helpful !
 
I am now in unusual case. I don't know how to cry.

I had my bio-metric appointment on 11/09/2017. I didn't receive any notice on mail after that, and my online status also didn't change. I had three info pass appointments scheduled to know about by case each on January, February, and March of 2018, but I was only told that my case is still awaiting interview. I had my congressional inquiry on 04/11/2018. I had another info pass meeting today (04/24/2018), but officer told me that my case was already scheduled for interview on December of 2017 and later rescheduled again on February of 2018. He printed me the copy and showed it to me (I took that copy). I haven't received either of the interview appointment letter on mail, and my online status also hasn't changed yet. My address is always same since I filed my application.

He told that he will mail the officer looking into my case to reschedule another appointment, and it is in sole discretion of officer to deny my case based on no show or schedule another appointment. I am not sure if it is mistake of uscis or usps for non delivery of the notice, because I get all other mail from usps. Even I got mail denial notice for request to expedite. I have notified congressional liason officer with the print that I get from officer today, he said that he will follow up with the case.

I don't know what step to take in case of denial. Have anybody been on such situation and steps taken?
 
Hi, I just came back from my infopass. The person that checked on my case says that the case was still being reviewed. No RFE was sent so either the lady didn't need any more papers or hasn't gotten around to check my case. She was performing an interview at the moment . I handed the school transcript and my SEVIS record just in case.

• Should I keep waiting for a response or do a congressional inquiry this week? I know they're busy and scheduling infopass/inquiry back to back is frowned upon but I'm getting worried.
 
MBK said:
I am now in unusual case. I don't know how to cry.

I had my bio-metric appointment on 11/09/2017. I didn't receive any notice on mail after that, and my online status also didn't change. I had three info pass appointments scheduled to know about by case each on January, February, and March of 2018, but I was only told that my case is still awaiting interview. I had my congressional inquiry on 04/11/2018. I had another info pass meeting today (04/24/2018), but officer told me that my case was already scheduled for interview on December of 2017 and later rescheduled again on February of 2018. He printed me the copy and showed it to me (I took that copy). I haven't received either of the interview appointment letter on mail, and my online status also hasn't changed yet. My address is always same since I filed my application.

He told that he will mail the officer looking into my case to reschedule another appointment, and it is in sole discretion of officer to deny my case based on no show or schedule another appointment. I am not sure if it is mistake of uscis or usps for non delivery of the notice, because I get all other mail from usps. Even I got mail denial notice for request to expedite. I have notified congressional liason officer with the print that I get from officer today, he said that he will follow up with the case.

I don't know what step to take in case of denial. Have anybody been on such situation and steps taken?
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Oh no! This is beyond ridiculous on USCIS’s part.

I suggest you schedule another INFOPASS appointment while waiting to hear back from your congress person. Depending on what the feedback is and if you haven’t received a new IL, pay another visit to your FO with documented evidence of the previous INFOPASS appointments you’ve been on and the congressional inquiry you also did. Request to speak with a supervisor and provide all these evidence of how you’ve been diligently following up on your case.

Also take the expedite denial notice you received as evidence of your address being correct, but you never received the previous ILs which I’m convinced they never mailed out in the first place.
 
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