DV 2015 AOS Only

[EURO2014]

Thank you. Its costing me fortunes..to do medicals.
On 4. do you mean I need 2-3 weeks for all the process? or have 2-3 weeks on either side of arrival and departure?

Thanks again

We went through this exact scenario last summer: we left the US on 07/26 for 07/29 interview date with medicals to be done the day before, and booked our return flights for 08/12 (planning on traveling through France and Belgium while waiting) and finally ended up needing every one of those days to complete the process with the US Consulate in Frankfurt (even though our family members had been pre-approved by KCC/US Consulate). In fact, we ultimately had to drive to the consulate to pick up our passports in person, as we otherwise would have missed our return flights to the US the next day. This is not to say that it is possible that the process (medicals, interview, visa issuing process & passport receipt, possible delays etc.) may not be quicker in your case, one just can not be certain, hence the problem when booking the date of the return flight... Best of luck!

 

[Sm1smom]

I am thinking to change from AOS to CP due to complication in H1B visa.I do not want to take risk on being out of status. I have already filled DS 260 and paid the DV fee and also done the Medical before all these complication happened. What should be my next steps?

1. How to change to CP? Who should I notify and what forms do I need to fill in addition to those that I already have?
2. Is my medical done in US acceptable for CP?
3. Can I just go to my home country once my visa interview date is scheduled?
4. How long does it usually take to visa/green card be granted for me to return to US after interview? My wife still has job and won't get a long vacation approved.

Thanks in advance.

With your wife working, I'm assuming she's on a H1B visa which is independent of yours? Have you considered the possibility of switching to H4 as her derivative with your pending H1B termination? You are aware that you're considered to be in legal status once USCIS accepts your status change application evidenced by the issuance of a NOA even if the change in status does not take place by the time you file your I-485?

If you go ahead and switch to CP, bear in mind that as the PA, if you get stuck in AP, your wife's case will not be approved until yours is which means you both cannot return to the U.S. until you clear AP. Are you guys willing to take the risk of being stuck outside with your wife not able to return to work as soon as planned?

Other than that, answers to your posted questions below:

1. Email KCC and notify them of your intention to switch to CP. I believe you can't make that change on your own by unlocking your DS-260 form.

2. No it's not. New medical will have to be done in your home country. In addition, new DV fee payment will have to be made at the embassy.

3. Yes you can.

4. I don't think anyone here can tell you precisely how long. Could take anywhere between days to weeks, or months if you get stuck in AP like I described above.

 

[bharatmani777]

Thanks MOM for reply. Yes I know about H1B and H4 issues. Actually I asked and you replied about that before. I also consulted a lawyer. My wife may have violated F1 by unauthorized work for few weeks 6-7 years ago. Lawyer said, it may not be problem if the officer don't ask specifically but could create a problem if comes up. I have seen many people successfully got DV AOS although they worked on F1 visa but I am thinking- why take chances? CP won't have any issues with that.
I need to go back home for other reasons also. We have not traveled back since getting married and we want to meet both families.
Paying new DV fee will suck but getting a green card is awesome. I am in highly demanded profession so hopefully will get job quickly. My wife may get 1 and1/2 months- 2 months off. If it takes more than that she can come back and reapply at the same job. The employer is pretty understanding. They will hire her back. We will just lose some income.
BTW, can she still come back on H1B visa here if I485 denied(God forbid)? If not I have plan C -moving to some other place

Thanks again

 

[Sm1smom]

Thanks MOM for reply. Yes I know about H1B and H4 issues. Actually I asked and you replied about that before. I also consulted a lawyer. My wife may have violated F1 by unauthorized work for few weeks 6-7 years ago. Lawyer said, it may not be problem if the officer don't ask specifically but could create a problem if comes up. I have seen many people successfully got DV AOS although they worked on F1 visa but I am thinking- why take chances? CP won't have any issues with that.
I need to go back home for other reasons also. We have not traveled back since getting married and we want to meet both families.
Paying new DV fee will suck but getting a green card is awesome. I am in highly demanded profession so hopefully will get job quickly. My wife may get 1 and1/2 months- 2 months off. If it takes more than that she can come back and reapply at the same job. The employer is pretty understanding. They will hire her back. We will just lose some income.
BTW, can she still come back on H1B visa here if I485 denied(God forbid)? If not I have plan C -moving to some other place

Thanks again

Okay, now that we have a better picture of your situation, CP certainly looks like your best bet. So jump on it and contact KCC right away to make the switch. And yes, your wife should be able to return on H1B assuming if your DV based CP doesn't go through - assuming the denial isn't based on her F1 status violation from years back.

All the best!

 

[bharatmani777]

Okay, now that we have a better picture of your situation, CP certainly looks like your best bet. So jump on it and contact KCC right away to make the switch. And yes, your wife should be able to return on H1B assuming if your DV based CP doesn't go through - assuming the denial isn't based on her F1 status violation from years back.

All the best!

Yeap fixing to do it Monday. For CP, is 2nd NL means interview appointment letter? How soon do people get 2NL for CP in email? I am almost certain that AS 6300 will be current in July.

 

[spins008]

Hello Mom,

I just checked the status of my application on USCIS web site: "On April 17, 2015, we registered your permanent resident status and mailed you a Welcome Notice for Receipt Number... Please follow the instructions in the notice. Your new permanent resident card should arrive by June 16, 2015, after this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."

Do you know why will it take so much time to get the card after interview - 2 months?

What is the ADIT I have to complete?

Thanks.

 

[Sm1smom]

Yeap fixing to do it Monday. For CP, is 2nd NL means interview appointment letter? How soon do people get 2NL for CP in email? I am almost certain that AS 6300 will be current in July.

Yes 2NL refers to the IL for CP.

The 2NL is typically sent out about 2 months before the interview is scheduled to take place. Bear in mind though that simply becoming current in July for instance doesn't necessarily mean all those who become current in July will receive their 2NL in May, KCC only schedules and sends out the NL2 for DS-forms that has completed processing from their end, and this processing includes some initial background checks which may delay the interview schedule.

 

[Sm1smom]

Hello Mom,

I just checked the status of my application on USCIS web site: "On April 17, 2015, we registered your permanent resident status and mailed you a Welcome Notice for Receipt Number... Please follow the instructions in the notice. Your new permanent resident card should arrive by June 16, 2015, after this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."

Do you know why will it take so much time to get the card after interview - 2 months?

What is the ADIT I have to complete?

Thanks.

That's just a standard language, the GC should arrive in the next one week or two. ADIT means Alien Documentation & Identification Systems, it's an old terminology that refers to biometrics. Again it's part of the standard verbiage USCIS has used in the past, nothing for you to worry about since you already did your biometrics prior yo your interview.

 

[Tukki]

Hello Mom,
I and my husband have certain docs in Nepali language and we got it translated in English by some translator who is certified to do so. I have the letter from the translator that he is certified to do so and a copy of his certificate too but my husband doesn't. So do I include to copy of the letter and the certificate as my husband doesn't have. Or is it that my husband also needs that document? TIA

 

[EURO2014]

Yes 2NL refers to the IL for CP.

The 2NL is typically sent out about 2 months before the interview is scheduled to take place. Bear in mind though that simply becoming current in July for instance doesn't necessarily mean all those who become current in July will receive their 2NL in May, KCC only schedules and sends out the NL2 for DS-forms that has completed processing from their end, and this processing includes some initial background checks which may delay the interview schedule.

Precisely, and the exact reason bharatmani777 and any other folks considering CP at this stage would need to act rather quickly. Otherwise, as you rightly indicated, they might be waiting for their 2nd NL for a long time, after they eventually have become Current. At some stage, closer to the end of the DV year, it will therefore be advisable to see through the AOS process, whatever the circumstances, given the incremental time required to "hop on the CP train". I am not quite sure at what exact time we will have reached that point, though, given the DS-260 backlog and other changes this year...

 

[Britsimon]

Hello,

I am on F1 visa. I am from Morocco. My CN is AF54xxx , there is a chance that my CN may be current till September. I am so scared to lose this opportunity of GC. I sent DS260 and received an email from KCC for AOS on 8/15/2014.
I read from BritSimonsay that CP process from my country is faster.
At this point, I don't know what to do??
1- should I start the process? (paying DV fees and medical exam)
2- Can I hire someone to help me with the process to make it right?? if yes, could you give me his/her contact???
3- if my CN becomes current till September and I am on AOS, can I still get interview and GC?
4- Do you think is it better to come back to my country and process from there??

Please help me and guide me.

Thank you

Welcome Fatima - glad you came over here. Sm1smom has (predictably) given you wise advice. I don't think I said CP was faster at all - in fact AoS offer several advantages over AP - but as Mom says they choice has to be yours. As Mom says (and I had already said) read the spreadsheet on the first post of this thread. And again - last year we saw cases current in September that processed their cases perfectly well and were approved by mid September. The only case that failed was because they made silly mistakes and delayed their own case.

 

[hazelnutButter]

Hello Mom,
I and my husband have certain docs in Nepali language and we got it translated in English by some translator who is certified to do so. I have the letter from the translator that he is certified to do so and a copy of his certificate too but my husband doesn't. So do I include to copy of the letter and the certificate as my husband doesn't have. Or is it that my husband also needs that document? TIA

My understanding is that it doesn't even need to be a certified translator - it's enough to get someone to translate it, and then annotate the translation with a statement that they are fluent and proficient in both English and the Nepali language. Mom can correct me if I'm wrong, but if that's true, you don't need to bother with a translator certificate - just a signed statement that they are competent to write the translation.

 

[hazelnutButter]

Another quick question for y'all - I'm getting less and less confident in my attorney's knowledge of the DV process (they failed to tell me that I had to include financial information in the I-485 packet, they didn't include the DV fee receipt in my I-485 packet, etc...)

In particular, the first I heard of needing to file a DS-260 before filing an I-485 was reading the spreadsheet on this website (which happened after my interview). I'm hoping that the lawyer filed a DS-260 for me unbeknownst to me, but I'm not sure. Is there any way for me to check that they actually correctly filed the form? Soon after they sent in my I-485, I received an emailed letter from the KCC starting "Dear XXX, Thank you for informing us of your intention to apply for adjustment of status with the Department of Homeland Security, ....." Is that the 2NL letter everyone talks of, and does that mean that they did indeed submit DS-260 correctly?

Also, my lawyer never included the DV fee receipt in my I-485 packet, the officer never asked for it at the interview (they only asked for the letter from the KCC which I referenced above), and they also didn't ask for it as part of the RFE that they sent me soon after the interview (they only asked for financial docs). Is there any chance they'll just approve the case without the receipt, or am I likely to get yet another RFE asking for this receipt?

Thanks! I think USCIS should include a link to this thread in the original DV lottery winner letter - it's far more useful than anything else I've seen, including a bunch of attorneys I've spoken to

 

[adinutzyc21]

[QUOTE="hazelnutButter, post: 2394330, member: 373831"Is that the 2NL letter everyone talks of, and does that mean that they did indeed submit DS-260 correctly?[/QUOTE]

Yes, it is. Whether or not they filed it correctly I cannot be sure, but they did file it... You can check what they did here: https://ceac.state.gov/IV/Login.aspx
But if you already had your interview, you're probably fine...
I have no experience with interviews, but I am pretty sure they have access to whether or not you actually paid for the application fee..

 

[adinutzyc21]

Hey everyone (and especially Sm1nsmom), I was wondering if you could look through this list and see if I'm missing something from my application package that I'm sending tomorrow.. I'm pretty sure I have everything that was relevant from the googledoc, but a second eye wouldn't hurt (sorry it's so long):

· Personal check for $1,070 covering the filing fee and the biometrics fee

· Form I-485

· Sealed form I-693

· Form G-325A

· Passport photos (2) in an envelope

· Diversity Immigrant Visa Program Lottery winner letter

· Diversity Visa Notification Letter (for adjustment of status)

· Copy of DV payment receipt

· DS-260 Application Confirmation

· Policy Memorandum confirming acceptance of advance filing for Diversity Visas

· Copy of birth certificate with certified translation

· Copy of current passport

· Copy of I-94 card

· Copy of current F-1 Visa

· Copy of former F-1 Visa

· Copy of EAD card

· Form I-797 received for the EAD card

· Copies of current and past I-20s

· Copies of High School Diploma, transcript and exit exam with certified translations

· Copies of College Diploma, transcript and school provided translation from Latin

· Copies of Master’s Diploma and transcript

· Copy of SSN

· Employment Letter

· Copies of pay stubs

· Copies of W-2s

· Copies of Bank Statements

· Copies of IRS tax return receipts

 

[Sm1smom]

Hello Mom,
I and my husband have certain docs in Nepali language and we got it translated in English by some translator who is certified to do so. I have the letter from the translator that he is certified to do so and a copy of his certificate too but my husband doesn't. So do I include to copy of the letter and the certificate as my husband doesn't have. Or is it that my husband also needs that document? TIA

You can make a copy of yours and attach to your husband's documents since they were all translated by the same person.

 

[Sm1smom]

My understanding is that it doesn't even need to be a certified translator - it's enough to get someone to translate it, and then annotate the translation with a statement that they are fluent and proficient in both English and the Nepali language. Mom can correct me if I'm wrong, but if that's true, you don't need to bother with a translator certificate - just a signed statement that they are competent to write the translation.

And your understanding is correct. If they already have the certificate though, I think there's nothing wrong with including it.

 

[Sm1smom]

Another quick question for y'all - I'm getting less and less confident in my attorney's knowledge of the DV process (they failed to tell me that I had to include financial information in the I-485 packet, they didn't include the DV fee receipt in my I-485 packet, etc...)

In particular, the first I heard of needing to file a DS-260 before filing an I-485 was reading the spreadsheet on this website (which happened after my interview). I'm hoping that the lawyer filed a DS-260 for me unbeknownst to me, but I'm not sure. Is there any way for me to check that they actually correctly filed the form? Soon after they sent in my I-485, I received an emailed letter from the KCC starting "Dear XXX, Thank you for informing us of your intention to apply for adjustment of status with the Department of Homeland Security, ....." Is that the 2NL letter everyone talks of, and does that mean that they did indeed submit DS-260 correctly?

Also, my lawyer never included the DV fee receipt in my I-485 packet, the officer never asked for it at the interview (they only asked for the letter from the KCC which I referenced above), and they also didn't ask for it as part of the RFE that they sent me soon after the interview (they only asked for financial docs). Is there any chance they'll just approve the case without the receipt, or am I likely to get yet another RFE asking for this receipt?

Thanks! I think USCIS should include a link to this thread in the original DV lottery winner letter - it's far more useful than anything else I've seen, including a bunch of attorneys I've spoken to

Since you received the 2NL from KCC (yes, what you received is the 2NL for AOSers), my guess is your lawyer either filled and submit the DS form on your behalf, or they simply sent KCC a note with your CN stating you will be processing AOS (sending KCC a note is what we've heard some lawyers have done) - so stop stressing about the DS form.

Admittedly your lawyer failed to include the receipt with your package, you could have brought it up to the IO's attention that the time of the interview though, and I'm surprised the IO didn't notice it was missing either. Anyway, I don't think it's a big show spoiler at this stage, and they probably wouldn't send out another RFE for it. KCC is already aware that the payment was made, they certainly wouldn't release your case file to your FO if the DV payment wasn't made, so I think you will get a pass on that.

One thing I would suggest though is to make sure you keep that receipt safely for years to come, especially until after naturalization (I'm assuming you plan on filing for that sometime in the future) - you might want to scan and save it (and the rest of your immigration documents - USCIS can always ask for stuff years down the road when applying for naturalization).

 

[Sm1smom]

Hey everyone (and especially Sm1nsmom), I was wondering if you could look through this list and see if I'm missing something from my application package that I'm sending tomorrow.. I'm pretty sure I have everything that was relevant from the googledoc, but a second eye wouldn't hurt (sorry it's so long):

· Personal check for $1,070 covering the filing fee and the biometrics fee

· Form I-485

· Sealed form I-693

· Form G-325A

· Passport photos (2) in an envelope

· Diversity Immigrant Visa Program Lottery winner letter

· Diversity Visa Notification Letter (for adjustment of status)

· Copy of DV payment receipt

· DS-260 Application Confirmation

· Policy Memorandum confirming acceptance of advance filing for Diversity Visas

· Copy of birth certificate with certified translation

· Copy of current passport

· Copy of I-94 card

· Copy of current F-1 Visa

· Copy of former F-1 Visa

· Copy of EAD card

· Form I-797 received for the EAD card

· Copies of current and past I-20s

· Copies of High School Diploma, transcript and exit exam with certified translations

· Copies of College Diploma, transcript and school provided translation from Latin

· Copies of Master’s Diploma and transcript

· Copy of SSN

· Employment Letter

· Copies of pay stubs

· Copies of W-2s

· Copies of Bank Statements

· Copies of IRS tax return receipts

Looks good, although it contains a couple of documents I would consider irrelevant. But then I understand since its your case, you're free to send anything you consider pertinent.

 

[hindou1991]

Hello I received my interview letter for tgis and I have some questions. My husband has a work authorization for 20hours but he always works more hours but he paid his taxes would that be a problem for our interview. By tge way im a dv lottery winner and im doing aos.