vladek15425
Well-Known Member
What a nice human mistake for him! Things like this never happens to me....
DV 2014 AOS Only
- Thread starter Sm1smom
- Start date
- Status
Britsimon
Super Moderator
Exactly. That guy won two lotteries!
Wow this is crazy, you got the same day in the same F.O. with me!!! What time do you have to show up?
Fiefia
Active Member
Hi Aria,
Since the package has been sent, at the interview, you should tell the IO right off the bat that one of the yes/no questions should be different from the way you have indicated in your form I-485. You will need to explain why you answered the way you did in Form i-485 and why your decision has changed.
Since the package has been sent, at the interview, you should tell the IO right off the bat that one of the yes/no questions should be different from the way you have indicated in your form I-485. You will need to explain why you answered the way you did in Form i-485 and why your decision has changed.
Hi Fiefia
Thanks for your response.
I received below advice from experts:
"complete a new I-485 application (only the application, not application plus supporting documents) and attach a cover letter requesting replacement of the I-485 form with the revised one attached to the cover letter and attach a copy of the USCIS receipt notice (I-797). "
"Send an update version of the form with a cover letter asking to substitute. You can also wait until the interview and do that there."
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Confusion on how the process is going to take place AOS or CP
Here is the situation I'm in right now.
My wife got selected for 2014 dv lottery. She had initially applied alone but since we got married in January and result for the Dv came out in may we sent out letters to KCC about the change and everything is in file now with me as the beneficiary.
Now the real problem, I am current studying in the USA under F1 status and she is in Nepal. Now the problem is that when since my wife is the primary beneficiary and me being here how am i going to do the interview. Either i have to go to Nepal(i.e my F1 visa expired in december 2013) or do an AOS. I talked to couple of friends but found out not possible to do a AOS since i have to be present with her in the interview. What are you guys thought on this.????
The other concern, I called KCC explained about my situation and they said she can do a CP in Nepal and i can do a AOS here in States, is that really possible. Im really confused on the situation. How to deal with this.
Here is the situation I'm in right now.
My wife got selected for 2014 dv lottery. She had initially applied alone but since we got married in January and result for the Dv came out in may we sent out letters to KCC about the change and everything is in file now with me as the beneficiary.
Now the real problem, I am current studying in the USA under F1 status and she is in Nepal. Now the problem is that when since my wife is the primary beneficiary and me being here how am i going to do the interview. Either i have to go to Nepal(i.e my F1 visa expired in december 2013) or do an AOS. I talked to couple of friends but found out not possible to do a AOS since i have to be present with her in the interview. What are you guys thought on this.????
The other concern, I called KCC explained about my situation and they said she can do a CP in Nepal and i can do a AOS here in States, is that really possible. Im really confused on the situation. How to deal with this.
Britsimon
Super Moderator
It is possible to do the appointments separately, and I am sure someone more experienced in aos can fill you in on the details of that if you decide to do that. However, it would be wise to consider your case number as that determines the timing of your processing and a high case number could mean a stressful time for the aos.
So - please post your case number (with the region, in a format similar to mine below with the last three digits secret), and also post which Field Office you expect to handle your case through. That will help people advise you properly.
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Britsimon
Super Moderator
OK then you need to be thinking about your timing.
Nepal has a large number of selectees this year - so will reach the country limit of 7%. Your number is pretty good in that it should be low enough to get a visa BUT I think KCC may impose a special limit on Nepal from the next VB or two. When a country has so many visas to be processed in one embassy, that one country is effectively slowing down progress in the whole region. SO - they will slow down selectees from Nepal to give other countries in Asia a chance.
What that means is that your number might not be current until very late in the year - perhaps August or September. Starting an aos process that late is possible but risky. So you might have a scenario where your wife gets her Green card before you have your interview - and you must get your GC by year end (September 30th). That would be a bit of a mess to sort out - and perhaps someone more expert in aos cases could advise otherwise but I think that might mean you would have to switch to a family based application - which would take longer.
After all that I just re-read your original post - are you currently out of status? If so what have you done about that? You must not have been out of status otherwise it could jeopardize an aos process anyway.
reply
im not out of status, I'm still going to school and will graduate this summer.
Britsimon
Super Moderator
OK, so that is good. I believe there is something you can file to extend your status after graduation - so I assume that was the plan. However, I would advise you to watch the next couple of visa bulletins carefully. If Nepal gets a special limit as I suspect, then you should probably at least consider returning to Nepal and doing CP with your wife - because of the timing issue I mentioned.
reply
thats what my plan is...I guess u already know about it but about AOS, you know that when we see the visa bulletin we can find the curt off number for 2 months in advance. So i contacted USCIS they told me that i could submit my AOS application as soon as i see my priority date in the VB. I think this will help me keep me from getting the visa in time.
What do u think ?
thats what my plan is...I guess u already know about it but about AOS, you know that when we see the visa bulletin we can find the curt off number for 2 months in advance. So i contacted USCIS they told me that i could submit my AOS application as soon as i see my priority date in the VB. I think this will help me keep me from getting the visa in time.
What do u think ?
Britsimon
Super Moderator
When they mention "priority date" they are referring to employment or family based applications - so they misunderstood that you would be doing aos through the DV process (which is process by case number not priority date). With DV aos applications there is a memo that says we can file when we see the VB where our number has become current (so about 6 or 7 weeks early) - however in practice a number of people have had their applications returned if they file that early. The "accepted" advice is to file one month before your "current month". They will do some pre-processing in that month, however, they won't interview you until you are current - and some FOs have long wait times for an appointment. That is where the risk comes from.
reply
U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington, DC 20529-2000
August 9, 2013 PM-602-0088
Policy Memorandum
SUBJECT: Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification Period Reflected in the Visa Bulletin
Purpose
This policy memorandum (PM) provides updated guidelines to ensure uniform acceptance of applications for adjustment of status under the Diversity Visa (DV) category. The guidance contained in this PM is controlling and supersedes any prior guidance on the subject.
Scope
Unless specifically exempted herein, this PM applies to and is binding on all U.S. Citizenship and Immigration Services (USCIS) employees.
Authorities
• Immigration and Nationality Act (INA) sections 203(c), 201(e), and 245(a)
• 8 CFR 245.1(a) and 22 CFR 42.33
Background
Section 203(c) of the INA makes available up to 55,000 permanent resident DVs annually.1 As part of its responsibility for administering the provisions of the INA relating to the numerical limitations on immigrant visas, the U.S. Department of State (DOS), Bureau of Consular Affairs, Immigrant Visa Control and Reporting Division, publishes a Visa Bulletin that summarizes the availability of immigrant visas in all categories, including DV visas, for the following month.2 Aliens who meet the basic eligibility requirements of section 203(c) may apply for random selection in an annual lottery conducted by DOS for persons from countries with low rates of immigration to the United States. If selected in the annual lottery, persons who are currently in the United States may then proceed, depending on DOS’s estimate of future DV visa availability, to the second step in the DV process – submission of an application for adjustment of status.
1 By statute, up to 5,000 of the 55,000 annually-allocated DVs can be made available for persons seeking to immigrate to the United States under the Nicaraguan Adjustment and Central American Relief Act (Pub. L. 105- 100).
2 DOS generally publishes the Visa Bulletin on or about the ninth day of each month.

PM-602-0088: Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification Period Reflected in the Visa Bulletin
Page 2
Since, by statute, DV visas expire at the end of a given fiscal year, a DV adjustment applicant’s Form I-485 (including principals and any of their derivatives) must be adjudicated and approved on or before September 30 of the relevant fiscal year.
To ensure timely notification and encourage timely filing of applications for adjustment of status, approximately 50 to 60 days in advance of actual DV visa availability, DOS, in consultation with USCIS, publishes in its monthly Visa Bulletin a separate “advance notification” of DV rank cut- off numbers. Such advance notification enables persons to file their Form I-485 applications prior to the time a DV visa becomes “immediately available.” The listing of advance notification of DV availability is meant to enable a person to file his or her adjustment application, even though a visa is not yet available.
This advance notification therefore provides an opportunity for adjustment of status applicants to file their Form I-485 applications earlier than would otherwise be possible, thereby enabling USCIS to begin review of such applications. This in turn affords USCIS additional time to determine an applicant’s eligibility for adjustment of status before the end of the fiscal year.
Policy
DOS publishes its monthly Visa Bulletin on or about the ninth day of each month. Each Visa Bulletin indicates immigrant visa availability for the upcoming month (e.g., November immigrant visa cut-off numbers are published on October 9). For DV purposes, the Visa Bulletin currently includes two monthly allocation charts which provide: (1) DV visa availability for the current Visa Bulletin month; and, (2) advance notification of DV visa availability for the following month. A person’s rank number is assigned at the time he or she is notified by DOS of selection in DOS’s annual lottery. Visa availability, for DV purposes, is based on a person’s rank number.
When a DV rank cut-off number is listed in the availability section of the Visa Bulletin, visas will be available in that month for applicants with DV numbers ranked (in randomly selected order by region) below the specified cut-off number. Each DV case is assigned an individual DV rank number. The listing of the DV rank cut-off number indicates the DV rank number of the first person who is not eligible to adjust his or her status in a particular month.3 For example, the November 2012 bulletin (reproduced at page 5 of this PM) shows the rank cut-off number for Europe in November to be 7,000 and the DV rank cut-off number for Europe in December 2012 as 9,250. Therefore, when the November 2012 Visa Bulletin went into effect on November 1, any person with a rank number below 7,000 was eligible to have their adjustment of status application adjudicated to completion.
The rank cut-off number listed in the advance notification section indicates the DV rank cut-off numbers for the specific month covered by the advance notification. Anyone with a rank number below the listed rank cut-off number in the Visa Bulletin may file an adjustment of status
3 The cut-off number (the number which is ready for processing when it becomes available on the Visa Bulletin) serves the same purpose as a priority date for the processing of Family-sponsored or Employment-based Immigrant Visa cases.

PM-602-0088: Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification Period Reflected in the Visa Bulletin
Page 3
application. For example, in the November 2012 Visa Bulletin, shown on page 5 of this PM, the advance notification DV rank cut-off number for Europe in December 2012 is listed as being 9,250. Therefore, immediately upon release of the November 2012 Visa Bulletin (i.e., on or about October 9, 2012), any person who could be charged to Europe who had a rank cut-off number below 9,250 was eligible to file an application for adjustment of status, even though the adjustment application could not be adjudicated to completion prior to December 1, 2012.4
As of January 11, 2012, the USCIS Case Resolution Unit at the Lockbox reviews every DV- related Form I-485 for visa availability at the time of filing by verifying that the applicant’s rank number is lower than the advance notification cut-off number posted in the most recently published DOS monthly Visa Bulletin. The Immigration Services Officer (ISO) will confirm at time of final adjudication of the Form I-485 adjustment application (i.e., when all required processing has been completed) that the DV rank cut-off number is lower than the applicable rank cut-off number posted in the DOS’s current Visa Bulletin. As a last step, the ISO must also confirm that a DV visa number is actually available, before he or she may approve the adjustment application by submitting an electronic request for the DV visa within IVAMSWEB.
An explanation of the use of the attached DV Selection Letter on page 7 of this PM is described below:
Identify the applicant’s “DV rank number.” It is located immediately below the last line of the fourth paragraph and above the bar code at the bottom of the page. The DV “rank number” in the sample Selection Letter is 2012EU000XXXXX.
• The first four characters of the “Case Number” identify the “Fiscal Year” in which the applicant must file. Note: A DV number is valid only for the fiscal year indicated.
• The second two characters designate the “Region” on the DOS Visa Bulletin from which the applicant is competing. On the sample Selection Letter, this case is charged to Europe.
• The remaining digits identify the applicant’s “rank number” and are used in conjunction with the Visa Bulletins to identify when an applicant is eligible to file his or her application.
U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington, DC 20529-2000
August 9, 2013 PM-602-0088
Policy Memorandum
SUBJECT: Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification Period Reflected in the Visa Bulletin
Purpose
This policy memorandum (PM) provides updated guidelines to ensure uniform acceptance of applications for adjustment of status under the Diversity Visa (DV) category. The guidance contained in this PM is controlling and supersedes any prior guidance on the subject.
Scope
Unless specifically exempted herein, this PM applies to and is binding on all U.S. Citizenship and Immigration Services (USCIS) employees.
Authorities
• Immigration and Nationality Act (INA) sections 203(c), 201(e), and 245(a)
• 8 CFR 245.1(a) and 22 CFR 42.33
Background
Section 203(c) of the INA makes available up to 55,000 permanent resident DVs annually.1 As part of its responsibility for administering the provisions of the INA relating to the numerical limitations on immigrant visas, the U.S. Department of State (DOS), Bureau of Consular Affairs, Immigrant Visa Control and Reporting Division, publishes a Visa Bulletin that summarizes the availability of immigrant visas in all categories, including DV visas, for the following month.2 Aliens who meet the basic eligibility requirements of section 203(c) may apply for random selection in an annual lottery conducted by DOS for persons from countries with low rates of immigration to the United States. If selected in the annual lottery, persons who are currently in the United States may then proceed, depending on DOS’s estimate of future DV visa availability, to the second step in the DV process – submission of an application for adjustment of status.
1 By statute, up to 5,000 of the 55,000 annually-allocated DVs can be made available for persons seeking to immigrate to the United States under the Nicaraguan Adjustment and Central American Relief Act (Pub. L. 105- 100).
2 DOS generally publishes the Visa Bulletin on or about the ninth day of each month.

PM-602-0088: Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification Period Reflected in the Visa Bulletin
Page 2
Since, by statute, DV visas expire at the end of a given fiscal year, a DV adjustment applicant’s Form I-485 (including principals and any of their derivatives) must be adjudicated and approved on or before September 30 of the relevant fiscal year.
To ensure timely notification and encourage timely filing of applications for adjustment of status, approximately 50 to 60 days in advance of actual DV visa availability, DOS, in consultation with USCIS, publishes in its monthly Visa Bulletin a separate “advance notification” of DV rank cut- off numbers. Such advance notification enables persons to file their Form I-485 applications prior to the time a DV visa becomes “immediately available.” The listing of advance notification of DV availability is meant to enable a person to file his or her adjustment application, even though a visa is not yet available.
This advance notification therefore provides an opportunity for adjustment of status applicants to file their Form I-485 applications earlier than would otherwise be possible, thereby enabling USCIS to begin review of such applications. This in turn affords USCIS additional time to determine an applicant’s eligibility for adjustment of status before the end of the fiscal year.
Policy
DOS publishes its monthly Visa Bulletin on or about the ninth day of each month. Each Visa Bulletin indicates immigrant visa availability for the upcoming month (e.g., November immigrant visa cut-off numbers are published on October 9). For DV purposes, the Visa Bulletin currently includes two monthly allocation charts which provide: (1) DV visa availability for the current Visa Bulletin month; and, (2) advance notification of DV visa availability for the following month. A person’s rank number is assigned at the time he or she is notified by DOS of selection in DOS’s annual lottery. Visa availability, for DV purposes, is based on a person’s rank number.
When a DV rank cut-off number is listed in the availability section of the Visa Bulletin, visas will be available in that month for applicants with DV numbers ranked (in randomly selected order by region) below the specified cut-off number. Each DV case is assigned an individual DV rank number. The listing of the DV rank cut-off number indicates the DV rank number of the first person who is not eligible to adjust his or her status in a particular month.3 For example, the November 2012 bulletin (reproduced at page 5 of this PM) shows the rank cut-off number for Europe in November to be 7,000 and the DV rank cut-off number for Europe in December 2012 as 9,250. Therefore, when the November 2012 Visa Bulletin went into effect on November 1, any person with a rank number below 7,000 was eligible to have their adjustment of status application adjudicated to completion.
The rank cut-off number listed in the advance notification section indicates the DV rank cut-off numbers for the specific month covered by the advance notification. Anyone with a rank number below the listed rank cut-off number in the Visa Bulletin may file an adjustment of status
3 The cut-off number (the number which is ready for processing when it becomes available on the Visa Bulletin) serves the same purpose as a priority date for the processing of Family-sponsored or Employment-based Immigrant Visa cases.

PM-602-0088: Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification Period Reflected in the Visa Bulletin
Page 3
application. For example, in the November 2012 Visa Bulletin, shown on page 5 of this PM, the advance notification DV rank cut-off number for Europe in December 2012 is listed as being 9,250. Therefore, immediately upon release of the November 2012 Visa Bulletin (i.e., on or about October 9, 2012), any person who could be charged to Europe who had a rank cut-off number below 9,250 was eligible to file an application for adjustment of status, even though the adjustment application could not be adjudicated to completion prior to December 1, 2012.4
As of January 11, 2012, the USCIS Case Resolution Unit at the Lockbox reviews every DV- related Form I-485 for visa availability at the time of filing by verifying that the applicant’s rank number is lower than the advance notification cut-off number posted in the most recently published DOS monthly Visa Bulletin. The Immigration Services Officer (ISO) will confirm at time of final adjudication of the Form I-485 adjustment application (i.e., when all required processing has been completed) that the DV rank cut-off number is lower than the applicable rank cut-off number posted in the DOS’s current Visa Bulletin. As a last step, the ISO must also confirm that a DV visa number is actually available, before he or she may approve the adjustment application by submitting an electronic request for the DV visa within IVAMSWEB.
An explanation of the use of the attached DV Selection Letter on page 7 of this PM is described below:
Identify the applicant’s “DV rank number.” It is located immediately below the last line of the fourth paragraph and above the bar code at the bottom of the page. The DV “rank number” in the sample Selection Letter is 2012EU000XXXXX.
• The first four characters of the “Case Number” identify the “Fiscal Year” in which the applicant must file. Note: A DV number is valid only for the fiscal year indicated.
• The second two characters designate the “Region” on the DOS Visa Bulletin from which the applicant is competing. On the sample Selection Letter, this case is charged to Europe.
• The remaining digits identify the applicant’s “rank number” and are used in conjunction with the Visa Bulletins to identify when an applicant is eligible to file his or her application.
Britsimon
Super Moderator
Britsimon
Super Moderator
Ahhh I see - yes that is part of the whole memo shown at this link
http://www.uscis.gov/sites/default/...013/August/DV-Related I-485 Applications .pdf
Sm1smom
Super Moderator
Hi Fiefia
Thanks for your response.
I received below advice from experts:
"complete a new I-485 application (only the application, not application plus supporting documents) and attach a cover letter requesting replacement of the I-485 form with the revised one attached to the cover letter and attach a copy of the USCIS receipt notice (I-797). "
"Send an update version of the form with a cover letter asking to substitute. You can also wait until the interview and do that there."
I'm not sure who the "experts" you contacted are. Immigration lawyers?
My suggestion to you would be to fill out a new set of I-485 and take it along to your interview. Present it as soon as you meet with your IO and explain why you're requesting to make the switch. Remember your application is DV based, it's a time limited application, you don't want to unnecessarily delay your case processing by mailing in a corrected form - your FO could send your case to the back of the queue for further review or the reason for sending in the new form could be misunderstood (even with a so called cover letter included).
Sm1smom
Super Moderator
Season89,
Your best bet is to attend your interview with your wife back in Nepal. Since you're not the principal applicant, you cannot do an early filing based on the newly released memo. Your wife must receive her GC first before you can initiate your AOS processing since you're a derivative. The only way you could have done that is if you're filing AOS together with your wife.
- Status