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DV 2015 AOS Only

Tika2015 said:
Hi @Sm1smom
First, thank you for all the useful information you're giving us!
I went to my biometrics appointment on March 18 and I am still waiting for my interview letter. I called and talked to a 2nd level officer who told me I was in the queue and to wait patiently but I'm so scared to miss the deadline (especially because my FO is in New York and I think there's a big backlog here) that I made an Infopass appointment for June 29. I will keep you posted on what happens.
My question is about something else: I have a trip abroad planned for the end of July. Let's assume I don't get the Green Card by then. I'm on an H1B visa that is valid until 2017 - can I go out of the country and come back without jeopardizing my AOS?
My latest date of entry won't be up-to-date anymore and I assume I will have a different I-94 than the one I put in my application - is that ok?
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Technically speaking, because the H1B visa is a dual intent visa, you can travel out of the U.S. and return in the midst of a pending AOS petition without jeopardizing it or making the case to be considered abandoned as would for holders of a none dual intent visa who do not have an approved AP card on hand. Re-admission back into the U.S. even for those with an approved AP card is at the discretion of the IO at the POE.

Personally, I wouldn't make a trip outside of US even with a H1B or L1 visa, unless it's a matter of life and death. Having said that, I feel it's your call at the end of the day on what to do of course.

If you do travel out, you'll need to inform the IO during your interview and present your new I-94 to ensure your immigration file gets updated.
 
Sm1smom said:
That option is for filing expedited forms such as a re-entry permit for instance. It's a promise made for certain forms where there's an urgent/emergency situation involved. An AOS petition MUST be submitted at an applicable lockbox (by the way, Chicago isn't the only lockbox responsible for accepting AOS petitions, there are different lockboxes designated for accepting AOS cases based on the basis of filing).

Each AOS petition has to go to a Lockbox which will then forward the petition to NBC after formally accepting the package. NBC forwards the AOS part of the package to the applicable FO. This is all explained on the AOS spreadsheet.
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Mom,

Are there other lockboxes, other than Chicago, that would accept an AOS petition for a DV applicant?

Thanks!
 
Sm1smom said:
Technically speaking, because the H1B visa is a dual intent visa, you can travel out of the U.S. and return in the midst of a pending AOS petition without jeopardizing it or making the case to be considered abandoned as would for holders of a none dual intent visa who do not have an approved AP card on hand. Re-admission back into the U.S. even for those with an approved AP card is at the discretion of the IO at the POE.

Personally, I wouldn't make a trip outside of US even with a H1B or L1 visa, unless it's a matter of life and death. Having said that, I feel it's your call at the end of the day on what to do of course.

If you do travel out, you'll need to inform the IO during your interview and present your new I-94 to ensure your immigration file gets updated.
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Thank you very much for your input! I will most probably cancel my trip if I don't get my Green Card by then...I managed to reschedule my Infopass to this Wednesday so I'll hopefully have an update then.
Thank you again!
 
Sm1smom said:
- Okay maybe I should say the date at which the package is delivered is what USCIS looks at. So for a case that's current in July, if it gets delivered (be it by courier or USPS), on June 30th for instance, USCIS considers it early filing and can make an issue out of it if they choose to. If the package gets delivered on July 1st or any day after July 1st, it's considered okay. In the past (before the days of the 2 months early filing memo), most people used to target the first day of the month in which they're current.

- You can't just send in a new package on the first day of the month in the off-chance the initial package gets denied. You will have to wait for the package to be returned to you before you can re-file.

- Yes, early filing is typical despite the risk of package rejection/denial. The warning is put on the spreadsheet for people to be aware of the possibility of the package not being accepted, and to not assume the process will always work like a well oiled machine.

- Now, that's where I draw the line. I'm sorry I can't tell you whether you should file 2 weeks (or even 2 days) early or to file on the first day of when you're current. That's a decision I leave for everyone to make on their own based on the information we've so far provided.

Again, I will conclude by saying we have known cases of those whose CN became current in September (they obviously didn't wait until Sept 1st to file), and who successfully completed the AOS process before the end of their FY
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Thank you so much again for your reply and help! I think I will send out my AOS package for July today then, since so many people seem to have in the past, then just wait and see what happens.

I just have two more quick questions, mostly to confirm what i've done is correct:

- The only email I received from KCC was about a year ago after filling out my DS-260 and had an attachment called "Diversity Visa Adjustment Letter". I have been assuming this is the "2NL" that is referred to in the spreadsheet/on this site. Is this correct?

- When I paid the DV Fee. I had forgotten to write my case number on the check I sent, but I had included a piece of paper with all of the information required (like they asked for, so it also had my CN on it) with the check. I was sent back the same piece of paper stamped with “PAID ON APRIL XX 2015, BY TC”. Is it also correct to assume that this means everything was still paid for correctly, and that I can consider this the receipt?
 
jake9009 said:
Thank you so much again for your reply and help! I think I will send out my AOS package for July today then, since so many people seem to have in the past, then just wait and see what happens.

I just have two more quick questions, mostly to confirm what i've done is correct:

- The only email I received from KCC was about a year ago after filling out my DS-260 and had an attachment called "Diversity Visa Adjustment Letter". I have been assuming this is the "2NL" that is referred to in the spreadsheet/on this site. Is this correct?

- When I paid the DV Fee. I had forgotten to write my case number on the check I sent, but I had included a piece of paper with all of the information required (like they asked for, so it also had my CN on it) with the check. I was sent back the same piece of paper stamped with “PAID ON APRIL XX 2015, BY TC”. Is it also correct to assume that this means everything was still paid for correctly, and that I can consider this the receipt?
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1. Yes, that is correct
2. Yes, that is the receipt, it's the same thing everyone gets back. Be sure to only include a copy of that with your package, you take the original along for the interview and present when asked.
 
Sm1smom said:
1. Yes, that is correct
2. Yes, that is the receipt, it's the same thing everyone gets back. Be sure to only include a copy of that with your package, you take the original along for the interview and present when asked.
Click to expand...

Thank you so much again! I have just a few more questions while I'm finalizing my AOS package (apologies for asking so many questions, you've been a godsend, and I imagine I, alongside my others, would struggle with the process so much more if you weren't around!)


- For Part 3B of i-485 (List your present spouse and all of your children (include adult sons and daughters). (If you have none, write "None." If additional space is needed, see Page 3 of the instructions))
As I am unmarried and don't have children and it specifically asks to write "None." in this case, I have written "None." in the first "Family Name (Last Name)" field and left the rest blank - is this OK?


- For Part 3C of i-485 ("Processing Information: List your present and past membership in or affiliation with every organization...")
As I belong to several academic research organizations, I have listed all of them here, with the name and membership dates as required, but only their "nature" in the "location and nature" field due to lack of space.

I have also included a continuation page that follows the instructions on page 3 of the instructions (which seems to be basically: Put your Name and part/item number at the top) where I reproduced the table, but expanded it to include full names and abbreviations under "name" (in the form I had only listed the abbreviation due to space) and both nature and location.

Does this seem reasonable? Also, am I correct to assume that I should not include work and school information here, as they are not the type of "affiliation" this section is asking about?


- As my financial situation is a little complicated (I'm a graduate student, and while I am getting paid for teaching, it is only part-time on campus) I have included:
- My current contract (with the University) that details my employment dates, hours, and amount paid
- My bank statement (showing I have reasonable available funds)
- An affidavit of support from a family friend (US citizen), alongside his W-2 and a scan of his passport.

I have paperclipped all of this together with a cover sheet just for the financial documents that briefly explains what the documents are for and my current situation, as above. Is this appropriate? Or should I change this?


- Finally, in reading a lot of the posts here I've seen DSP-122 mentioned - am I correct to assume that the DS-260 I filled out earlier has completely replaced this and I won't have to worry about this form?
 
jake9009 said:
Thank you so much again! I have just a few more questions while I'm finalizing my AOS package (apologies for asking so many questions, you've been a godsend, and I imagine I, alongside my others, would struggle with the process so much more if you weren't around!)


- For Part 3B of i-485 (List your present spouse and all of your children (include adult sons and daughters). (If you have none, write "None." If additional space is needed, see Page 3 of the instructions))
As I am unmarried and don't have children and it specifically asks to write "None." in this case, I have written "None." in the first "Family Name (Last Name)" field and left the rest blank - is this OK?


- For Part 3C of i-485 ("Processing Information: List your present and past membership in or affiliation with every organization...")
As I belong to several academic research organizations, I have listed all of them here, with the name and membership dates as required, but only their "nature" in the "location and nature" field due to lack of space.

I have also included a continuation page that follows the instructions on page 3 of the instructions (which seems to be basically: Put your Name and part/item number at the top) where I reproduced the table, but expanded it to include full names and abbreviations under "name" (in the form I had only listed the abbreviation due to space) and both nature and location.

Does this seem reasonable? Also, am I correct to assume that I should not include work and school information here, as they are not the type of "affiliation" this section is asking about?


- As my financial situation is a little complicated (I'm a graduate student, and while I am getting paid for teaching, it is only part-time on campus) I have included:
- My current contract (with the University) that details my employment dates, hours, and amount paid
- My bank statement (showing I have reasonable available funds)
- An affidavit of support from a family friend (US citizen), alongside his W-2 and a scan of his passport.

I have paperclipped all of this together with a cover sheet just for the financial documents that briefly explains what the documents are for and my current situation, as above. Is this appropriate? Or should I change this?


- Finally, in reading a lot of the posts here I've seen DSP-122 mentioned - am I correct to assume that the DS-260 I filled out earlier has completely replaced this and I won't have to worry about this form?
Click to expand...

1. I would suggest writing 'None' in each box of line 1

2. Reasonably fine. No to school and work information

3. Financial information appropriate as stated

4. DSP-122 is no longer applicable.
 
Hello, first-time poster here. My CN for DV 2015 is EU 36xxx and it just became current for August last week.

I have my documents ready, after having consulted an attorney twice during the year, and was waiting for a confirmation of the paid DV fee, which I paid 2 weeks ago in expectation of my CN becoming current for August or September - and the confirmation just arrived in the mail earlier today (Monday 06/15). I was browsing for details for some final questions on necessary documents for my AOS/I-485 package and thankfully I stumbled onto this forum.

Having the step-by-step AOS spreadsheet and, frantically, the first 20 or so pages of the thread, I realized that, like many have warned, the attorney I used is incompetent. I hadn't filed DS-260 per his advice. I now know that was a mistake, and just submitted the DS-260 online (and printed a confirmation as well as the form itself).

Will this prove to be fatal? Now that it's later in the fiscal year, will KCC be quick to send a confirmation? In the earlier posts, I saw people having waited for weeks/months for the second confirmation? There are 3.5 months left, and the CN isn't even current until August, so I am not panicking just yet, but I am a little worried. :)

Thank you for the invaluable help already given. I am annoyed at myself for not having come across this place earlier in the year, but thankful I did eventually find it.

Ivo
 
Sm1smom said:
1. I guess yes.

2. No, it's not a must to wait for the 2NL before submitting the I-485 package, you can always take it with you to the interview.

3. Yes, you can make the DV payment now, it doesn't have to be after submitting DS-260.
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Aaaand I just saw this post on the very next page I read. Based on the comment in number 2 above, should I go ahead and send my AOS/I-485 package today (or tomorrow, after I give myself another day's chance to find other huge errors in my process)?
 
Ivo Stoyanov said:
Aaaand I just saw this post on the very next page I read. Based on the comment in number 2 above, should I go ahead and send my AOS/I-485 package today (or tomorrow, after I give myself another day's chance to find other huge errors in my process)?
Click to expand...

The referenced #2 point in the post above still stands. However regarding whether to go ahead and submit your package now, thereby with the hope of taking advantage of the 2 months early filing memo, or to wait until August 1st before filing (since your CN is current in August), that's your call to make.
 
Sm1smom said:
1. I would suggest writing 'None' in each box of line 1

2. Reasonably fine. No to school and work information

3. Financial information appropriate as stated

4. DSP-122 is no longer applicable.
Click to expand...
Dear mom,
I did not write none in all the boxes of line 1. I just wrote in the first box. and i already sent my package. Is it something to worry about?
Also, it is likely that USCIS is granting Temporary protected status to nepal. DHS has already granted TPS for Nepal. is it a good call to register for TPS, when USCIS announces it and the registration period?
 
Asia174 said:
Dear mom,
I did not write none in all the boxes of line 1. I just wrote in the first box. and i already sent my package. Is it something to worry about?
Also, it is likely that USCIS is granting Temporary protected status to nepal. DHS has already granted TPS for Nepal. is it a good call to register for TPS, when USCIS announces it and the registration period?
Click to expand...

- that's fine, if your package has already been sent in, so don't stress about it.

- I don't know, I only focus on DV based issues. You may want to talk to an attorney regarding that.
 
Sm1smom said:
The referenced #2 point in the post above still stands. However regarding whether to go ahead and submit your package now, thereby with the hope of taking advantage of the 2 months early filing memo, or to wait until August 1st before filing (since your CN is current in August), that's your call to make.
Click to expand...
I am currently planning on sending a package by the end of the week and attaching a copy of the memo in addition to all supporting information except the 2NL. Still only a quarter of the way through the thread, but judging by the timelines spreadsheet, there haven't been too many (any?) cases where an early filing has caused a problem.

And sorry to circle back to my original question - but what happens if I have to go to an interview before I receive the 2nd NL? Not much of a choice except going to the interview without it, I guess. :) Do you think it could possibly be a big issue at the interview?
 
Ivo Stoyanov said:
I am currently planning on sending a package by the end of the week and attaching a copy of the memo in addition to all supporting information except the 2NL. Still only a quarter of the way through the thread, but judging by the timelines spreadsheet, there haven't been too many (any?) cases where an early filing has caused a problem.

And sorry to circle back to my original question - but what happens if I have to go to an interview before I receive the 2nd NL? Not much of a choice except going to the interview without it, I guess. :) Do you think it could possibly be a big issue at the interview?
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1. There's been a couple - happens every year

2. No choice but to attend the interview as is. Very few reported cases of the IO asking for it, don't know if a case where it became an issue.
 
Sm1smom said:
1. There's been a couple - happens every year

2. No choice but to attend the interview as is. Very few reported cases of the IO asking for it, don't know if a case where it became an issue.
Click to expand...
Thank you for the answers. Will be sending the package this week and will post back with any developments. Here's hoping the 2NL comes back in time for the interview.
 
Hi @Sm1smom

I'm currently putting together my AOS package and I have a question about the identification documents I should include.

I legally changed my name (not by marriage) in the country of my citizenship several years back: I am an Australian citizen, although I won the lottery charged to Asia as I was born in a eligible Asian country and only gained Australian citizenship when I was 9 years old.

For My AOS package, I am planning to include:
- My birth certificate, showing I was born in one of the Asian countries that allows me to have one of the ASXXXXX CNs

- My Australian Citizenship Certificate

- My Australian Legal Change of Name Document

I just want to double check if it is a good idea to send all of this (I of course listed both my current and previous name on the DS-260/G-325A as required)
 
Jeans9999 said:
Hi @Sm1smom

I'm currently putting together my AOS package and I have a question about the identification documents I should include.

I legally changed my name (not by marriage) in the country of my citizenship several years back: I am an Australian citizen, although I won the lottery charged to Asia as I was born in a eligible Asian country and only gained Australian citizenship when I was 9 years old.

For My AOS package, I am planning to include:
- My birth certificate, showing I was born in one of the Asian countries that allows me to have one of the ASXXXXX CNs

- My Australian Citizenship Certificate

- My Australian Legal Change of Name Document

I just want to double check if it is a good idea to send all of this (I of course listed both my current and previous name on the DS-260/G-325A as required)
Click to expand...

Sounds good.
 
Sm1smom said:
Sounds good.
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Thank you mom!

Just another question: I am currently in the US on an F-1 visa but I had previously been in the US on a J-1 visa. Due to being Australian, I was not subjected to the 2 year home residency requirement while on my J-1 visa. This was stamped on my previous visa ("BEARER IS NOT SUBJECT TO SECTION 212(E) TWO YEAR RULE DOES NOT APPLY") and also stated on my DS-2019.

While the spreadsheet checklist does not mention anything about including previous DS-2019s, I am planning on also including a copy of both my previous J-1 visa and my previous DS-2019 - do you think this is a good idea?
 
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