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DV 2011 AOS Only

Wow, what a bummer.
I don't understand why she couldn't continue your interview. It seems that the file was there...and visa WAS available for you...
However, you still have so much time...so don't worry a bit, you'll get your interview probably in the next 30-60 days tops.
I wish i was in your shoes and had my interview in two months...
good luck!

btw: Make sure that the immigrant visa petition filed on or before January 14, 1998
If after, you need to prove that you were here december 2000.



My interview did not go as planned. Remember that I'm filing under 245i. Well, my interviewer was CLEARLY unfamiliar with the law. Just to give you guys a background on my story:

My aunt filed a petition for my father in January 1998. I aged out of that petition. So when my father received his Green Card in 2009, he filed a family-based petition for me. I was content in waiting the many years to become current. Then in May 2010, I received the letter saying that I won the DV Lottery. So, when I became current in October, I filed AOS under 245i, since a petition was filed before January 14, 1998.

Well when I walked into the interview and swore in, my interviewer immediately told me that a Visa was not available for me because my father just filed a petition for me (she was obviously referencing the petition that my father filed for me in 2009). I corrected her and said I was there because I won the 2011 DV Lottery. She said that was fine but if I wanted to claim a VISA under my DV win, I would have to leave the country. I was enraged because that is NOT TRUE. And I couldn't believe that this lady had the audacity to say such a thing with such confection. I said no, she was mistaken and that I DID qualify under the 245i and the 245i says that as long as a petition was filed for me (or if i'm the derivative beneficiary of such petition) then the law says I can do AOS in the United States under any petition means, this include the DV Lottery. She then says "I'll talk to my supervisor, but I think you're mistaken". I listen to her talk outside the office (I only heard bits and pieces) and all I hear from her is "Oh! Is that so? I've never done a case like this! heehhe" Ugh.... I was even more upset at that point. So she comes back and says that she doesn't know why her field office (Holtsville) received my case because NYC has a special division for Diversity Lottery winners. She said it was a mistake that they received my file and that her supervisor will send over my file to NYC today. She said it should take about 1 month to get a new interview at the NYC office.

I'm utterly appalled that they have that woman working there. What if I didn't know the law and I just sat there and said "OK" and let her deny my case. What would have happened? Remember guys, educate yourself. Education is the key to freedom.

I will keep you guys up to date on when I receive my new interview letter.
 
Hi guys,

I am wondering if we need to have Social Security Number and Driving License ID to apply for AOS?

thanks
 
Not mandatory for AOS based on DV. Bio-data page of your passport serves as a photo ID. However, you might need I-134 in this case.

Hi guys,

I am wondering if we need to have Social Security Number and Driving License ID to apply for AOS?

thanks
 
That is what lawyers are for. Queenslurker seems to have enough knowledge on her case which is great, but sometimes in these cases I feel like having a good lawyer who knows about DV process would help.

Really frustrating Queenslurker.. which also raises a question: What if she insisted you were the one mistaken and had you denied? Can a lawyer intervene at this stage or that would be it.

Good luck with your new interview.
 
Thinking further down the line, if we get approved for say end of January, what kind of tax return do we file? We would not have been resident aliens for the length of the tax filing year.

Hello goodfellas,

If 2010 was your full fifth (or higher) in the US, you are considered resident for tax purposes in 2010 and you can file form 1040. Otherwise, you have to file a variant of form 1040NR.
I hope this helps.
 
If afater 90 days of filling my application, I do not receive neither my EAD nor I-485 approval; What do I do about the EAD?
 
Dear all

I got a massage that my case is updated to post decision activity. does anyone know what does that mean. I'm a little worried about it.

thanks
 
Thats a good news js7. It means your green card has been sent out by mail. You should receive it within a week now.

Dear all

I got a massage that my case is updated to post decision activity. does anyone know what does that mean. I'm a little worried about it.

thanks
 
thanks feel. I thought that CPO is the last step. I was afraid that the officer has changed his mind and is reconsidering my file!
 
I wonder what's going on with eooedada. He had early-filed (AS35XXX) and been up biometric appointment...If you are here eooedada, please let us know.
 
Hey Guys, awesome news, even if my case did not change to PDA, I was surprised to find the cards in the mail today. I keep looking at the card and can not believe it that it has my name on it :)
Thanks guys for all the support and all the good wishes and prayers. I wish everyone in this forum to be succesful and to be patient, we will all get their before September 30th. I will think of each and one of you that helped me and my familly with advices and with encouragements when I really felt scared that we will not make it.
I will stick around to help others where I can. I got attached to this forum and can't just walk away once I got the card. :)
 
Like feel said it means that your card is sent out. good for you
Some people don't get the PDA and receive their card and some do. Online case status is not 100% accurate
thanks feel. I thought that CPO is the last step. I was afraid that the officer has changed his mind and is reconsidering my file!
 
Hey Guys, awesome news, even if my case did not change to PDA, I was surprised to find the cards in the mail today. I keep looking at the card and can not believe it that it has my name on it :)
Thanks guys for all the support and all the good wishes and prayers. I wish everyone in this forum to be succesful and to be patient, we will all get their before September 30th. I will think of each and one of you that helped me and my familly with advices and with encouragements when I really felt scared that we will not make it.
I will stick around to help others where I can. I got attached to this forum and can't just walk away once I got the card. :)

Congratulations!!!
 
Congrats Natta !!! All the best for what lies ahead for you.
Hey Guys, awesome news, even if my case did not change to PDA, I was surprised to find the cards in the mail today. I keep looking at the card and can not believe it that it has my name on it :)
Thanks guys for all the support and all the good wishes and prayers. I wish everyone in this forum to be succesful and to be patient, we will all get their before September 30th. I will think of each and one of you that helped me and my familly with advices and with encouragements when I really felt scared that we will not make it.
I will stick around to help others where I can. I got attached to this forum and can't just walk away once I got the card. :)
 
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