Sm1smom
Super Moderator
Right now you are on the wrong thread! This thread is strictly for those processing AOS, please post your questions on the appropriate thread.
DV 2015 AOS Only
- Thread starter Sm1smom
- Start date
Right now you are on the wrong thread! This thread is strictly for those processing AOS, please post your questions on the appropriate thread.
hilgardian
New Member
Bonne chance! Are you planning on doing CP (consular processing) or AoS (adjustment of status)?
Ifitis2be
Active Member
O M G Guys!!! I just got a call from the USCIS Field Office (Newark, NJ) that is dealing with our case. When are these people going to start reading their own memos and learning to deal with DV cases?!?!?! So the agent called to let me know that she is about to deny our case because we filed too early (on August 28th, 2014) and that we filed in the wrong fiscal year. She says we should have waited until October 1 before filing. I directed her to the relevant Policy memo that is in our file and asked her to read the parts that are highlighted in yellow, which indicate that advance filing is authorized as long as we are current in the advanced visa bulletin. I told her that the advanced bulletin for october was published on August 12th and that memo specifically authorizes early submissions. She read the parts of the memo (out loud) but still hung on to the fact that we submitted in the wrong fiscal year. I gently explained that it's not about the fiscal year but about the visa bulletin and the policy memo…then she said when she enters our receipt numbers it says invalid and no visa is available and that that's because we filed too early. I suggested that the receipt is invalid and visas are unavailable because it is not yet October 1, 2014 and that it is likely that if she tries again tomorrow she will indeed get a visa number for us. I offered to come for an info pass to discuss this she said no need to. We concluded with her saying she will hold on to our files until tomorrow and will enter them in the system again. If they come up as invalid again she will deny our petition. I asked her to please call me back before doing anything tomorrow and I took her contact info. She promised to email me tomorrow to let me know. She was very pleasant just not knowledgeable. This feels like deja vu all over again like @jj777's case. I cannot believe these people know so little about DV cases. Mom, Simon, guys what do you suggest I do now? Is there even anything to do but wait and see what she comes up with tomorrow? I know we can always resubmit if she denies it but I certainly do not want to lose the money and have to repay…Thanks for your advice as always, sigh.
Britsimon
Super Moderator
O M G Guys!!! I just got a call from the USCIS Field Office (Newark, NJ) that is dealing with our case. When are these people going to start reading their own memos and learning to deal with DV cases?!?!?! So the agent called to let me know that she is about to deny our case because we filed too early (on August 28th, 2014) and that we filed in the wrong fiscal year. She says we should have waited until October 1 before filing. I directed her to the relevant Policy memo that is in our file and asked her to read the parts that are highlighted in yellow, which indicate that advance filing is authorized as long as we are current in the advanced visa bulletin. I told her that the advanced bulletin for october was published on August 12th and that memo specifically authorizes early submissions. She read the parts of the memo (out loud) but still hung on to the fact that we submitted in the wrong fiscal year. I gently explained that it's not about the fiscal year but about the visa bulletin and the policy memo…then she said when she enters our receipt numbers it says invalid and no visa is available and that that's because we filed too early. I suggested that the receipt is invalid and visas are unavailable because it is not yet October 1, 2014 and that it is likely that if she tries again tomorrow she will indeed get a visa number for us. I offered to come for an info pass to discuss this she said no need to. We concluded with her saying she will hold on to our files until tomorrow and will enter them in the system again. If they come up as invalid again she will deny our petition. I asked her to please call me back before doing anything tomorrow and I took her contact info. She promised to email me tomorrow to let me know. She was very pleasant just not knowledgeable. This feels like deja vu all over again like @jj777's case. I cannot believe these people know so little about DV cases. Mom, Simon, guys what do you suggest I do now? Is there even anything to do but wait and see what she comes up with tomorrow? I know we can always resubmit if she denies it but I certainly do not want to lose the money and have to repay…Thanks for your advice as always, sigh.
Sounds like you kept your cool and handled it well. Your assumption that it will work tomorrow is correct - and if she understood the policy memo she will understand that you have not done anything wrong - so I am sure you will get better news tomorrow. Incidentally - that must mean your FO is working the case already - you could get a VERY fast AoS!!!
I suppose I should be surprised that yet another IO doesn't understand the rules - but I'm not, sadly.
Ifitis2be
Active Member
She read this part of the policy memo out loud. I don't know how much clearer it can be…
"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."
"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."
Ifitis2be
Active Member
Thanks Simon. yes they seem to be moving very fast with our case. We could in fact be green this month, if not for the clueless IO, which we seem to have lucked out with, LOL. If all goes well tomorrow, I might as well call Kentucky to make sure she requested our files cause I don't have much faith in her knowledge as it is…LOL. Next I might have to show her how to pull the visas from the system too when we get there, geez...At least she was pleasant…Tomorrow's right around the corner so we shall see...
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Britsimon
Super Moderator
Well continue keeping her on your side. I think she probably checked the visa availability on IVAMSWEB - so on the plus side she sounds like she knows that part - which is really good!
Ifitis2be
Active Member
Yes, that's how I was able to direct her to it and tell her to look at the parts I highlighted in yellow. She looked through our files, pulled the memo out (after confusing it with the visa bulletin I also included) and read out loud what I highlighted.
ndubs
Active Member
O M G Guys!!! I just got a call from the USCIS Field Office (Newark, NJ) that is dealing with our case. When are these people going to start reading their own memos and learning to deal with DV cases?!?!?! So the agent called to let me know that she is about to deny our case because we filed too early (on August 28th, 2014) and that we filed in the wrong fiscal year. She says we should have waited until October 1 before filing. I directed her to the relevant Policy memo that is in our file and asked her to read the parts that are highlighted in yellow, which indicate that advance filing is authorized as long as we are current in the advanced visa bulletin. I told her that the advanced bulletin for october was published on August 12th and that memo specifically authorizes early submissions. She read the parts of the memo (out loud) but still hung on to the fact that we submitted in the wrong fiscal year. I gently explained that it's not about the fiscal year but about the visa bulletin and the policy memo…then she said when she enters our receipt numbers it says invalid and no visa is available and that that's because we filed too early. I suggested that the receipt is invalid and visas are unavailable because it is not yet October 1, 2014 and that it is likely that if she tries again tomorrow she will indeed get a visa number for us. I offered to come for an info pass to discuss this she said no need to. We concluded with her saying she will hold on to our files until tomorrow and will enter them in the system again. If they come up as invalid again she will deny our petition. I asked her to please call me back before doing anything tomorrow and I took her contact info. She promised to email me tomorrow to let me know. She was very pleasant just not knowledgeable. This feels like deja vu all over again like @jj777's case. I cannot believe these people know so little about DV cases. Mom, Simon, guys what do you suggest I do now? Is there even anything to do but wait and see what she comes up with tomorrow? I know we can always resubmit if she denies it but I certainly do not want to lose the money and have to repay…Thanks for your advice as always, sigh.
Wow that is shocking, as much as we hear how little knowledge they have you would think given that you included the memo, that would have stopped her from saying she is about to deny it! It's like if the computer says no the mind/brain cease to function with these people, it is unbelievable at times. Glad to hear she was at least willing to work with you somewhat and wait until tomorrow, from what I have read some of the officers would not have even been nice enough to give the courtesy of the phone call first. Hope it works out tomorrow.
Ifitis2be
Active Member
Yes that is at least reassuring, LOL. Will remain gentle with her until we get approved!
Britsimon
Super Moderator
She should have read on to the bit on page 4 that specifically describes your early filing before the fiscal year has started....
Ifitis2be
Active Member
Yes and I made sure to thank her for that. I told her I really appreciate that she took the time to call and check in before proceeding with the denial. So we parted on a very warm and positive note. I just don't want to lose the $$$…that would really piss me off!
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Sm1smom
Super Moderator
Oh boy! Here we go again with USCIS!! Although I must say I'm not completely surprised by the confusion over the FY issue, I expected the objection to come from the Chicago Lockbox folks. I believe I did caution people in some earlier posts both on this 2015 and the 2014 AOS threads about the slight chance of running into a rejection issue if the package is received before the start of the FY. But since the Chicago Lockbox folks already accepted the package, I kind of felt things were beginning to look good.
@Ifitis2be: I think the "problem" really has to do with your FO being highly/over efficient. They got to your case just before the FY began and couldn't find the applicable information. You handled the situation well, so fingers crossed when she checks back tomorrow everything should be back on track. And when you get to talk to her again tomorrow and if she's still towing the same line, point her to page 4 of the memo that says you can submit prior to the start of your applicable FY.
@Ifitis2be: I think the "problem" really has to do with your FO being highly/over efficient. They got to your case just before the FY began and couldn't find the applicable information. You handled the situation well, so fingers crossed when she checks back tomorrow everything should be back on track. And when you get to talk to her again tomorrow and if she's still towing the same line, point her to page 4 of the memo that says you can submit prior to the start of your applicable FY.
Ifitis2be
Active Member
UGH, I was caught off guard and did not have the memo in front of me, or else I would have directed her to that page indeed.
Ifitis2be
Active Member
Thanks for this Simon, needed a good chuckle! LOL
Ifitis2be
Active Member
Excellent! Thanks a lot mom. Will let you guys know how it goes tomorrow.
Sm1smom
Super Moderator
UGH, I was caught off guard and did not have the memo in front of me, or else I would have directed her to that page indeed.
It's okay, don't beat yourself silly over that. However, others can learn from this: Know every inch of that Memo, memorize it if you like
- treat it like you 'daily read' - you never know when you might need to refer to it
ndubs
Active Member
LOL robots everywhere.