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DV 2015 AOS Only

Hi @Sm1smom -

I had asked you a question about traveling a few weeks ago and never thanked you for your kind response.
I have a way bigger issue now - two days after my interview, I received a denial letter on the grounds that I filed too early. It is not true, I filed on February 17 because my number was current in April - so I guess the officer (once again) was not aware of the Policy Memo. I read a case from last year on this forum and the same thing apparently happened to @jj777. I am lucky enough to be able to use the legal ressources from my office and they're about to file a motion to reopen/reconsider for me (please keep your fingers crossed that it will be solved by September 30!!!)

I do want to have your opinion on something else they advised me to do: starting from scratch and refiling everything again (in parallel with the motion).
My questions are: have you ever come across an example where someone filed late August and got everything completed by Sept 30? (I checked the timelines but I didn't see anything).
I also wonder if I have to re-pay the AOS fee to the DOS again and wait to get the receipt back (which could take weeks) or if I can use the receipt I got initially?
If I do have to pay for the fee again and wait for the receipt, I feel like it's almost not worth it because it would probably mean that I would file early September...
I would welcome any suggestions/advice and would love to hear if anyone else had the same issue before. It is so unfair, so I'm going to fight until the end!
 
Tika2015 said:
Hi @Sm1smom -

I had asked you a question about traveling a few weeks ago and never thanked you for your kind response.
I have a way bigger issue now - two days after my interview, I received a denial letter on the grounds that I filed too early. It is not true, I filed on February 17 because my number was current in April - so I guess the officer (once again) was not aware of the Policy Memo. I read a case from last year on this forum and the same thing apparently happened to @jj777. I am lucky enough to be able to use the legal ressources from my office and they're about to file a motion to reopen/reconsider for me (please keep your fingers crossed that it will be solved by September 30!!!)

I do want to have your opinion on something else they advised me to do: starting from scratch and refiling everything again (in parallel with the motion).
My questions are: have you ever come across an example where someone filed late August and got everything completed by Sept 30? (I checked the timelines but I didn't see anything).
I also wonder if I have to re-pay the AOS fee to the DOS again and wait to get the receipt back (which could take weeks) or if I can use the receipt I got initially?
If I do have to pay for the fee again and wait for the receipt, I feel like it's almost not worth it because it would probably mean that I would file early September...
I would welcome any suggestions/advice and would love to hear if anyone else had the same issue before. It is so unfair, so I'm going to fight until the end!
Click to expand...


Awww jeez. Another FO screwup. jj777 got her case reopened through a strongly worded letter. I'm sure your lawyer can achieve the same thing but it is essential for them to demonstrate that you followed the policy according to the memo. Personally, I would look for an infopass appointment and take the polite but persistent approach. Feel free to let the lawyer handle it, but don't let the uninformed FO mess this up for you.

http://forums.immigration.com/threads/dv-2014-aos-only-new-thread.10/page-124#post-2362856
 
Tika2015 said:
Hi @Sm1smom -

I had asked you a question about traveling a few weeks ago and never thanked you for your kind response.
I have a way bigger issue now - two days after my interview, I received a denial letter on the grounds that I filed too early. It is not true, I filed on February 17 because my number was current in April - so I guess the officer (once again) was not aware of the Policy Memo. I read a case from last year on this forum and the same thing apparently happened to @jj777. I am lucky enough to be able to use the legal ressources from my office and they're about to file a motion to reopen/reconsider for me (please keep your fingers crossed that it will be solved by September 30!!!)

I do want to have your opinion on something else they advised me to do: starting from scratch and refiling everything again (in parallel with the motion).
My questions are: have you ever come across an example where someone filed late August and got everything completed by Sept 30? (I checked the timelines but I didn't see anything).
I also wonder if I have to re-pay the AOS fee to the DOS again and wait to get the receipt back (which could take weeks) or if I can use the receipt I got initially?
If I do have to pay for the fee again and wait for the receipt, I feel like it's almost not worth it because it would probably mean that I would file early September...
I would welcome any suggestions/advice and would love to hear if anyone else had the same issue before. It is so unfair, so I'm going to fight until the end!
Click to expand...

Aiyah yah yah yah! Not another senseless denial at this stage of the game!!

I think what you should do at this stage is to take the approach Simon recommended above. Your lawyers can go ahead and file the motion/reconsider. My fear is they may end up not acting on it till after the end of the FY, and an approval at that stage is of no good. You should visit your FO right away with a strongly worded letter, and the early filing memo, and plead your case in person. Cry for them if you have to, insist on seeing a supervisor if you have to, sing a sob song story for them if you have to.

If you're to re-file, you will need to pay the fee all over again, and you will need a new medical report, not sure if you will have enough time. I can't recollect off-head if someone filed around late Aug /early Sept and successfully completed the process before the end of the FY.

By the way, wasn't your interview on July 20th? How come you waited until now to start acting on the denial if you got the notice shortly after your interview?
 
Sm1smom said:
Aiyah yah yah yah! Not another senseless denial at this stage of the game!!

I think what you should do at this stage is to take the approach Simon recommended above. Your lawyers can go ahead and file the motion/reconsider. My fear is they may end up not acting on it till after the end of the FY, and an approval at that stage is of no good. You should visit your FO right away with a strongly worded letter, and the early filing memo, and plead your case in person. Cry for them if you have to, insist on seeing a supervisor if you have to, sing a sob song story for them if you have to.

If you're to re-file, you will need to pay the fee all over again, and you will need a new medical report, not sure if you will have enough time. I can't recollect off-head if someone filed around late Aug /early Sept and successfully completed the process before the end of the FY.
Click to expand...

Even the DOS fees would have to be paid again ?
 
Sm1smom said:
Aiyah yah yah yah! Not another senseless denial at this stage of the game!!

I think what you should do at this stage is to take the approach Simon recommended above. Your lawyers can go ahead and file the motion/reconsider. My fear is they may end up not acting on it till after the end of the FY, and an approval at that stage is of no good. You should visit your FO right away with a strongly worded letter, and the early filing memo, and plead your case in person. Cry for them if you have to, insist on seeing a supervisor if you have to, sing a sob song story for them if you have to.

If you're to re-file, you will need to pay the fee all over again, and you will need a new medical report, not sure if you will have enough time. I can't recollect off-head if someone filed around late Aug /early Sept and successfully completed the process before the end of the FY.

By the way, wasn't your interview on July 20th? How come you waited until now to start acting on the denial if you got the notice shortly after your interview?
Click to expand...

Yes, you're right, it was on July 21 and I got the letter on July 23. I guess I trusted the attorneys too much. It took me a full week to get in touch with them and then another few days to convince them that I was right (they also mis-read the memo initially and thought I filed too early...!!). Now it's taking them 4-5 days to answer each ones of my questions so I did lose a lot of time relying on them but I'm going to stop doing that now.
At this point, and according to what you're saying, I don't think re-filing has any chance of success (even though the attorneys strongly advised me to do so).
I'm going to try and schedule an Infopass as soon as possible and write a letter in the meantime. I'm also going to write to my Congressmen and see if that can help.
Any other advice is welcome! Thanks for your support and for your help!
 
Hi Mom and Everyone,

My FO requested my file from KCC on July 24. I called KCC today to check if the file has been sent. I was told it was sent to another department yesterday. And that the said department will have to send it back to them before it is sent to my FO. Is this a normal process? I haven't heard of this one before. Please, help enlighten me!
 
TrustinGod2000 said:
Hi Mom and Everyone,

My FO requested my file from KCC on July 24. I called KCC today to check if the file has been sent. I was told it was sent to another department yesterday. And that the said department will have to send it back to them before it is sent to my FO. Is this a normal process? I haven't heard of this one before. Please, help enlighten me!
Click to expand...

KCC is known to give all sorts of conflicting information, the more you guys pester them with calls they more confusing their response tend to make the process appear. I would suggest you focus on your interview for now cause there's nothing you can do if indeed your case file was erroneously sent to some place.
 
Sm1smom said:
KCC is known to give all sorts of conflicting information, the more you guys pester them with calls they more confusing their response tend to make the process appear. I would suggest you focus on your interview for now cause there's nothing you can do if indeed your case file was erroneously sent to some place.
Click to expand...
Mom, once I heard the Kcc hold your visa for the case since the uscis requested the file. Is it correct the visas running out will not effect your case since the FO requested your visa or your file until sept. 30th?
Thanks
 
Sam2015 said:
Thanks Britsimon for your reply, ok I got it. I was thinking it's for all AOS and CP to know about Kcc file do when I entered my case it showed at NVC.! Although I'm AOS process.
Click to expand...

Yes - all 2015 cases are in there, but only CP cases are updated. NVC is the default/initial status.
 
Britsimon said:
Yes - all 2015 cases are in there, but only CP cases are updated. NVC is the default/initial status.
Click to expand...
Thanks for explaining that for me.
So as I was saying above; is the Kcc hold the visa for the case since the uscis requested the file? Is it correct even if the visas running out will not effect your case since the FO requested your visa or your file until sept. 30th?
Thanks
 
Called KCC again today (exactly 4 weeks since my case was requested by my IO) and was told by the operator would take "few more weeks" till it gets sent. I asked if there were anything that can be done to make sure it gets sent soon, and the operator said I "could keep calling back to check if it's been sent". :) Fair enough, I guess. The operator did say they were aware of the Sept 30 deadline when I asked/told her about that.

I have an infopass scheduled for next week that I had booked just in case I need it, but there's nothing the IO can really do, right?
 
Sam2015 said:
Mom, once I heard the Kcc hold your visa for the case since the uscis requested the file. Is it correct the visas running out will not effect your case since the FO requested your visa or your file until sept. 30th?
Thanks
Click to expand...

That's not true. KCC does not handle AOS cases, so they cannot 'hold' visas in reserve for cases on the basis of the FO having requested the KCC file. Again like I said in the above post of mine which you quoted and which I'm also quoting below:

Sm1smom said:
KCC is known to give all sorts of conflicting information, the more you guys pester them with calls they more confusing their response tend to make the process appear.
Click to expand...
 
Ivo Stoyanov said:
Called KCC again today (exactly 4 weeks since my case was requested by my IO) and was told by the operator would take "few more weeks" till it gets sent. I asked if there were anything that can be done to make sure it gets sent soon, and the operator said I "could keep calling back to check if it's been sent". :) Fair enough, I guess. The operator did say they were aware of the Sept 30 deadline when I asked/told her about that.

I have an infopass scheduled for next week that I had booked just in case I need it, but there's nothing the IO can really do, right?
Click to expand...

At this point, nothing. They can however use their discretion to approve a case without the KCC file when the clock starts ticking furiously and really begins to wind down.
 
Sm1smom said:
That's not true. KCC does not handle AOS cases, so they cannot 'hold' visas in reserve for cases on the basis of the FO having requested the KCC file. Again like I said in the above post of mine which you quoted and which I'm also quoting below:
Click to expand...
Thanks, so Kcc sent out all the IL for September over seas for example for egypt and for sure the selected people is more than the 7% or 3,500 visas, so if they don't account the AOS applicant it means they might reached the quota for egypt and even if the interview done and visa out then game over Even if I'm current for July ?
I'm not very good in that part but in trying to understand.
 
Hello guys ,
I'm a dv lottery 2015 selectee, and I'm already in the U.S. With F1 student visa. Now I need to fill out the I-485 form but on part 2 application type I don't know which status I should pick. I have my I-20 , I-94 and everything that proves I'm legal here , can somebody please help me on that ???
 
Levo said:
Hello guys ,
I'm a dv lottery 2015 selectee, and I'm already in the U.S. With F1 student visa. Now I need to fill out the I-485 form but on part 2 application type I don't know which status I should pick. I have my I-20 , I-94 and everything that proves I'm legal here , can somebody please help me on that ???
Click to expand...

DV2015 selectee and you're yet just filing out your I-485??? What's your CN?
 
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