AOS- DV 2009 When is the earliest that we can file I-485

[bibokeyo]

Hello,

My wife received her NL on the 05/10/08. We sent the required docs back to the KCC two days later requesting AOS processing. My concern is that we have an extremely high CN (AF61XXX). Since we have decided to go the AOS route, can anyone advise what is the earliest that we can submit an I-485? Is it 10/01/2008? Or is it when our case becomes current (which from last year’s statistics was in August)?
She is on F1, I am on H1-B, her status ends on June 30th, and we are submitting her application this month to change status to H4 while this issue is pending.

Any here done AOS with a high case number? Please provide some insight. Since we are going for AOS, we want to ensure that all the requirements are completed ahead of time such that they do not slow us down when our CN becomes current.
Thanks
(NB: I am from Kenya, living in Illinois)

Regards

 

[TNDV2008]

Sasa,
Hiyo number yako ni very high....Forget AOS kabisa, kabisa.

Your only opportunity is CP i.e. when you send your ds-122 and dsp-230, you indicate that on the ds-122 that unataka file yako itumwe nairobi.

Also, be careful responding to the dsp-230 right away, especially that you are on Non-Immigrant Visa (NIV). These NIV types do not allow "DUAL INTENT" therefore if you have to leave the US to renew your F1, before your number becomes current (which most likely will be Aug-Sep 2009), you might get the F1 application denied.

Play your cards very carefully, and dont rush to send in your DV paperwork yet...research, research, research,...and when your are tired, research again.

 

[bibokeyo]

Thanks TNDV2008

Thanks for your response,

Inanisaidia sana, as I said I am currently on H1 work visa which is a dual intent visa and that is current until 2010 November. My wife who won the lottery is transferring to my visa which should take three months to process. She will then also be a dual intent applicant unlike before when she was on F1 visa.
I think we will discuss with her about CP processing as this may be our best shot. My next question is, since we indicated on the forms that AOS through BCIS was our choice, how do we have that changed?

Rgds

 

[TNDV2008]

You already sent it?....angalia PM inbox yako

 

[Johnkent]

Thanks for your response,

Inanisaidia sana, as I said I am currently on H1 work visa which is a dual intent visa and that is current until 2010 November. My wife who won the lottery is transferring to my visa which should take three months to process. She will then also be a dual intent applicant unlike before when she was on F1 visa.
I think we will discuss with her about CP processing as this may be our best shot. My next question is, since we indicated on the forms that AOS through BCIS was our choice, how do we have that changed?

Rgds

Call KCC or e-mail them and i think they'll just ask you to resend the form. Thats the least of ur problems

 

[raevsky]

You can send it at the latest of two dates.
One date is 10/01/2008
Another date is the date of issue of visa bulletin, where this number is current.

 

[TNDV2008]

Whoever reads the above raevsky post needs to careful not to mis-understand the meaning of "latest of two dates".


I will attempt to clarify below...

With such a high CN as bibokeyo's, sending I-485 in October, when your CN is not current within the said period, will result in denial. You will have to refile again, and pay all the fees/medicals/biometrics all over again. My sister-in-law sent her I-485 in Oct, when her CN (2007AF00006XXX) was not current and she got denied.

CN cut-offs are a big tricky issue in AOS process, since the winner has more control on when to respond, unlike CP where you can only get an appointment scheduled by the Consular Office only when the range within which your CN falls within become current.

To bibokeyo, just do what Johnkent advised, but remember, it is your wife who needs to provide her Full Names, DOB & CN while communicating with KCC, not you.

 

[raevsky]

With such a high CN as bibokeyo's, sending I-485 in October, when your CN is not current within the said period, will result in denial.

That is incorrect. Provided the latest of two dates is satisfied, it will not result in denial because of early applying (though denial on any other possible reason still could occur; applying in time is not a guarantee of success).

You will have to refile again, and pay all the fees/medicals/biometrics all over again. My sister-in-law sent her I-485 in Oct, when her CN (2007AF00006XXX) was not current and she got denied.

That is because she satisfied only the earliest of those two dates, while she was supposed to satisfy the latest one.
Number 6100 became current for January 2008 and was nut current for December 2007 http://travel.state.gov/visa/frvi/bulletin/bulletin_3841.html ). It was published on November 13. So, she failed to wait until November 13, if her number was below 6100, and for December 10 if her number was below 6900, but above 6100. That was the reason for her denial.

CN cut-offs are a big tricky issue in AOS process

Wrong again. It is extremely simple (I was able to desctibe it in two statements), and it is regulated by a well-known written public policy.

2007AF00006XXX

Would you mind telling us one more digit of the number? Was it below 6100, above 6900 or in between?
It will be also extremely interesting to know when the letter of denial was issued.

 

[TNDV2008]

To raevsky,

We can go back and forth about this, but I provided the facts based on first-hand experience with my sis-in-law who was living with me. we did not fully understand the dv AOS process back then, but now, I understand it alot better.

I will not provide the very specifics of her case number, but I have attempted to provide general guidelines based on our experience. If anyone wants to test their own scenario, they can go ahead...it's their money and chances, which once lost, it's lost...no matter how much we debate

And yes, I will repeat, AOS is very tricky, to those who have never been through it, or heard about it. remember not everyone is a know-it-all

 

[raevsky]

We can go back and forth about this, but I provided the facts based on first-hand experience with my sis-in-law who was living with me. we did not fully understand the dv AOS process back then, but now, I understand it alot better.

Yes, you have to know the rules. She violated the clear written policy, and had a lot of troubles because of that. It looks like you still do not know those rules, though.

The same applies to CP. You also need to know the rules. Otherwise you are in trouble.
Whichever you choose, you need to know the rules and follow them. US is a country of laws.

 

[TNDV2008]

... It looks like you still do not know those rules, though.
...US is a country of laws.

Do I detect some sarcarsm here?....I am not on an ego trip in trying to be a know-it-all.

Since you apparently lost focus on the ORIGINAL POSTER's very specific needs, you can go ahead and correct me on everthing...since I know so little.

Re-read the OP case number, then advice him accordingly. Thank you.

 

[raevsky]

Since you apparently lost focus on the ORIGINAL POSTER's very specific needs

Hmmmm.
Did I? I think my advice is rather universal. And it provides the answer for this case too.

 

[TNDV2008]

Hmmmm.
Did I? I think my advice is rather universal. And it provides the answer for this case too.

Wonderful response....

My final advice to the OP is this. Given your case # being so high, doing AOS greatly reduces your chances of success than doing CP...BUT also, doing CP comes with additional costs i.e. time-away-from-work, flight, accomodation etc. You will have to decide which option makes you more comfortable

bibokeyo, good luck with whichever path you take, and ofcourse, feel free to consult a lawyer, irrespective of the experiences shared on this forum.

 

[raevsky]

bibokeyo clearly wanted to do AOS versus CP. I suspect he is not eligible for CP. I wholeheartedly agree, CP is better.

 

[bibokeyo]

raevsky,

We are eligible for either CP or AOS, we have not violated our status here in the US and are now in a dual intent visa status H1-B work visa. From what I gather, and given the high CN, I also now feel that CP will be a better option for my wife and I. We will continue to seek all information with regards to our case but I know we will go the CP route.

Thanks Raevsky and TNDV2008,this has been a lively discussion!

 

[raevsky]

 

[ik20]

When to start AOS process - DV2011

That is incorrect. Provided the latest of two dates is satisfied, it will not result in denial because of early applying (though denial on any other possible reason still could occur; applying in time is not a guarantee of success).

That is because she satisfied only the earliest of those two dates, while she was supposed to satisfy the latest one.
Number 6100 became current for January 2008 and was nut current for December 2007 . It was published on November 13. So, she failed to wait until November 13, if her number was below 6100, and for December 10 if her number was below 6900, but above 6100. That was the reason for her denial.

Raevsky, what do you mean by "provided the latest of two dates is satisfied"? If, for example, in May 2010 Visa Bulletin says that xxx number will become current in July 2010, is this when the person can start AOS application? A lawyer told my friend that she can start AOS application 90 days prior to the date when her number becomes current - which means that, if the number is scheduled to be current in July, she could start application in April? Or is it 60 days prior?

Thanks!