DV 2015 AOS Only

[ndubs]

Still waiting for IL...(2015EU00007XXX)
Called KCC last week to see if the FO has requested my file and they told me they have send the file beginning of December to the FO.
I got an infopass for February. Before I made the appointment I called USCIS and was let known that DV cases are not expedited and it could take anywhere between 9-12 months for the AOS. So I wonder what to tell the FO at the infopass appointment if they going the handle the case the same way. Any thoughts? Are DV cases supposed to be expedited? I know there is still plenty of time till September but all the waiting...

Are you able to go in for an infopass? The officer today told me that apparently the customer service team on the phone has the same info that he has so I could always just call if I didn't want to come in for another infopass or if I lived far - I wasn't sure how much truth there was in this though as dealing with the customer service line I found to be totally useless as they read from scripts for the most part

So I would still say go in for an infopass if you can, and it has been mentioned here before that the DV cases are not treated the same as the others so they don't fall into that 9-12 month timeline like you were told - the rep you were speaking to didn't know about the process for DV cases clearly

You could either try to call again until you speak to someone who knows more or go in for an infopass and if they try to tell you the same then at least you can be prepared to tell them otherwise and get them to actually look into your case

 

[Sm1smom]

Thanks, I was waiting because, I thought may be this is a high CN number for asia ( 68**). Also, is there a time frame of validity for the medical report? If I get the report ready now, will it be valid when I apply in July/Aug? Any suggestions?
I am in OPT currently which is valid till July 2015, but I will have to do OPT extension around late APril/ May. Since my Num is AS 67**, I am confused if I should prepare to extend my OPT or not?
Can we simultaneously file for OPT and AOS?

Medical is typically valid for 1 year, unless there are medical issues uncovered during the exam in which case the medical could be valid for 6 or 3 months. You are better off filing for OPT extension before submitting your AOS package. This ensures you have a status to fall back on if, for whatever reason, the AOS petition is denied.

In your case, I realize it's possible for the OPT extension application to still be in the system by the time you send in your AOS package, there's nothing you can do about that. You just have to keep your fingers crossed and hope for the OPT extension to get approved just in case. If the OPT extension gets denied, but your AOS package has already been formally accepted before the OPT denial, you will still be considered to be in status, no problem with that. The only problem will be if the AOS petition isn't approved or concluded before the end of the FY.

 

[Sm1smom]

Still waiting for IL...(2015EU00007XXX)
Called KCC last week to see if the FO has requested my file and they told me they have send the file beginning of December to the FO.
I got an infopass for February. Before I made the appointment I called USCIS and was let known that DV cases are not expedited and it could take anywhere between 9-12 months for the AOS. So I wonder what to tell the FO at the infopass appointment if they going the handle the case the same way. Any thoughts? Are DV cases supposed to be expedited? I know there is still plenty of time till September but all the waiting...

DV cases are expedited, they're not treated the same way as the other AOS petitions, phone reps say the same thing to everyone who calls because they're reading scripted responses. As per what to do/say at the INFOPASS, take a look at @Britsimon's response to a similar situation which is just a couple of posts above yours.

 

[mrv1122]

Are you able to go in for an infopass? The officer today told me that apparently the customer service team on the phone has the same info that he has so I could always just call if I didn't want to come in for another infopass or if I lived far - I wasn't sure how much truth there was in this though as dealing with the customer service line I found to be totally useless as they read from scripts for the most part

So I would still say go in for an infopass if you can, and it has been mentioned here before that the DV cases are not treated the same as the others so they don't fall into that 9-12 month timeline like you were told - the rep you were speaking to didn't know about the process for DV cases clearly

You could either try to call again until you speak to someone who knows more or go in for an infopass and if they try to tell you the same then at least you can be prepared to tell them otherwise and get them to actually look into your case

Thank you both guys for your advise. I really appreciate it. I keep you posted. So glad that this forum exists.

 

[ndubs]

Thank you both guys for your advise. I really appreciate it. I keep you posted. So glad that this forum exists.

Very true many of us would be lost without this forum, it is the best

 

[Darkn]

[


I agree with mom it sounds like chances of F1 being approved are very slim. Tell me, if CO asks you outright if you will change to AOS if you get the visa, will you be honest or lie?

I think your best bet is to go for the DV visa and defer your summer school to next year...

Where that to happen, I suppose that would mean flying back to complete CP. Although others have suggested unlocking the form could possibly delay being scheduled for an interview, I'm not aware of any specific case where that has actually happened. I also know I've seen official documents where it clearly states unlocking the form will not cause an interview delay, the case will be scheduled once the CN is current and KCC is done processing.

You also need to bear in mind that the possibility of being approved for a F1 visa in your case is actually very slim!

Have taken your advice and decided not to go ahead with my summer school
Lets hope my interview comes in July/Aug

 

[spins008]

Considering that you only filed in December, I feel it's early to be going for an INFOPASS, but it's your call.

Hello Mom! I have a question: should information of my Case Status on the USCIS website be updated? Now I can see only notice that my application has been received and no other information.

Thank you!

 

[emir.imdi]

Hello Mom! I have a question: should information of my Case Status on the USCIS website be updated? Now I can see only notice that my application has been received and no other information.

Thank you!

They usually update it after your interview!

 

[Sm1smom]

Hello Mom! I have a question: should information of my Case Status on the USCIS website be updated? Now I can see only notice that my application has been received and no other information.

Thank you!

It will remain under the Review stage (? - I think, I'm not checking the listed stages prior to responding) until after a decision is made following your interview.

 

[maryb]

I have a question about the online status update too. Does the status change after you go in for the biometrics?
Cause mine didn't.

 

[episodesfan]

Hi Mom,

I've been getting advice from Britsimon in the FB group but he directed me here to get further help from you. Our situation is that my fiancée (not wife) won the DV lottery with CN 2015EU34XXX. We have one child together, so she and my daughter are on the original application. We are currently in the US, me on F1 visa which expires at end of May, and she and my daughter on B1/B2 visas (because we are not married) which expire beginning of July. We have been planning on getting married which has been delayed because of circumstance, and then add myself to the application. To further complicate things, my fiancée is pregnant and we have a child scheduled to be born around June of this year.

What is your recommended course of action for us? We’ve been thinking a lot about the best way to do this, and came up with this:

- Our plan so far has been to go to our home country in the next two weeks, get married and get F-2 visa for my fiancée and child, then submitting the DS-260 right after coming to the US (early Feb) for CP. When we get notification about the interview being scheduled we planned on flying home for the interview and then come back as soon as possible. Problems with this plan however are that we have a baby about to be born or a new-newborn around the time we have the interview (according to when our number is current) and also I won’t be able to get F-1 OPT so we have no visa to fall back on.

- After receiving advice from Britsimon and looking more into this, AoS is looking more appealing to us. The plan would then to get married here in the US as soon as possible, submit the DS-260 and send the AoS package as soon as we can. This would have the advantage of not having to travel home or being out of status if we get denied visa for some reason, so I could fall back on F-1 OPT. However, we’re worried 1) whether 2015EU34XXX is low enough number to do AoS (we don’t want to take any chances), 2) if it’s poorly seen to do AoS from B1/B2 visa, even though we did not have immigration intent when they arrived on B1/B2 visa but the plan was simply to accompany me while doing my studies and 3) heard bad things about our FO (NYC).

Also, with AOS, can we submit the AOS package before we get the 2NL for the DS-260, since we haven't submitted it yet? It says in the Excel file that the AOS package should include the 2NL, but Britsimon thought it might not be required...

Just to be clear, despite clumsy timing our marriage is fully legit, and I think it should be easy to prove with records, pictures, children together etc.

I would greatly appreciate help figuring out this quite complicated situation and I just want to thank you beforehand for your assistance.

 

[ndubs]

I have a question about the online status update too. Does the status change after you go in for the biometrics?
Cause mine didn't.

No it doesn't, usually the status will be updated after the interview.

 

[Sm1smom]

I have a question about the online status update too. Does the status change after you go in for the biometrics?
Cause mine didn't.

I thought I just answered the question about online status!

 

[Shaya88]

Hi @Sm1smom and @Britsimon!

Thank you for the time you take to answer all these questions!

My husband was selected for DV 2015 with case number AS 4XXX. We are hoping to submit the AOS package in Feb depending on next month's numbers.

My question is about section 3 of I-485 form. It asks "have you ever applied for permanent residence status in the US?" My uncle filed a family based GC for my mother 12 years ago ( F4 category). The case number is not current yet and I am now out of that case anyways because I got married. I think I should answer NO because I have never applied for "PR Status", just a petition was filed for my mother when I was a child (and I was also included in it at that time). Do you think it's the correct answer?

Thank you very much!
Shaya

 

[Britsimon]

Hi Mom,

I've been getting advice from Britsimon in the FB group but he directed me here to get further help from you. Our situation is that my fiancée (not wife) won the DV lottery with CN 2015EU34XXX. We have one child together, so she and my daughter are on the original application. We are currently in the US, me on F1 visa which expires at end of May, and she and my daughter on B1/B2 visas (because we are not married) which expire beginning of July. We have been planning on getting married which has been delayed because of circumstance, and then add myself to the application. To further complicate things, my fiancée is pregnant and we have a child scheduled to be born around June of this year.

What is your recommended course of action for us? We’ve been thinking a lot about the best way to do this, and came up with this:

- Our plan so far has been to go to our home country in the next two weeks, get married and get F-2 visa for my fiancée and child, then submitting the DS-260 right after coming to the US (early Feb) for CP. When we get notification about the interview being scheduled we planned on flying home for the interview and then come back as soon as possible. Problems with this plan however are that we have a baby about to be born or a new-newborn around the time we have the interview (according to when our number is current) and also I won’t be able to get F-1 OPT so we have no visa to fall back on.

- After receiving advice from Britsimon and looking more into this, AoS is looking more appealing to us. The plan would then to get married here in the US as soon as possible, submit the DS-260 and send the AoS package as soon as we can. This would have the advantage of not having to travel home or being out of status if we get denied visa for some reason, so I could fall back on F-1 OPT. However, we’re worried 1) whether 2015EU34XXX is low enough number to do AoS (we don’t want to take any chances), 2) if it’s poorly seen to do AoS from B1/B2 visa, even though we did not have immigration intent when they arrived on B1/B2 visa but the plan was simply to accompany me while doing my studies and 3) heard bad things about our FO (NYC).

Also, with AOS, can we submit the AOS package before we get the 2NL for the DS-260, since we haven't submitted it yet? It says in the Excel file that the AOS package should include the 2NL, but Britsimon thought it might not be required...

Just to be clear, despite clumsy timing our marriage is fully legit, and I think it should be easy to prove with records, pictures, children together etc.

I would greatly appreciate help figuring out this quite complicated situation and I just want to thank you beforehand for your assistance.

I'm glad you came here and glad you wrote such a detailed description. You have revealed a few more details including the winner being your fiancé and her being on a B1/B2. That might change things.

Let's see what Mom says...

 

[episodesfan]

I'm glad you came here and glad you wrote such a detailed description. You have revealed a few more details including the winner being your fiancé and her being on a B1/B2. That might change things.

Let's see what Mom says...

Yep, I'm very excited to get her take on the situation. Thank you for all your selfless work here, both of you. Been extremely helpful to be able to consult with you and read the information you guys publish.

 

[SusieQQQ]

(Not mom but a question)
I presume they entered on B1/B2 after your fiancée was selected? When did she apply for the B visa - before or after selection?

Yep, I'm very excited to get her take on the situation. Thank you for all your selfless work here, both of you. Been extremely helpful to be able to consult with you and read the information you guys publish.

 

[episodesfan]

(Not mom but a question)
I presume they entered on B1/B2 after your fiancée was selected? When did she apply for the B visa - before or after selection?

They have been in the US from August 2013 on B1/B2, with 3 short (month or shorter) trips back home in that period. Most recently they entered on B1/B2 earlier this month, but the whole time there's only been intent for them to accompany me on my studies, and we can show she originally applied for the B1/B2 visa long before she got selected.

 

[SusieQQQ]

They have been in the US from August 2013 on B1/B2, with 3 short (month or shorter) trips back home in that period. Most recently they entered on B1/B2 earlier this month, but the whole time there's only been intent for them to accompany me on my studies, and we can show she originally applied for the B1/B2 visa long before she got selected.

Yes best for mom to advise. At face value it sounds to me like abusing the B visa regardless of immigrant intent, as they were effectively living in not visiting the US from what you have said, but I don't know if this by itself is a problem.

 

[episodesfan]

Yes best for mom to advise. At face value it sounds to me like abusing the B visa regardless of immigrant intent, as they were effectively living in not visiting the US from what you have said, but I don't know if this by itself is a problem.

Right, but then again the Department of State determined that B-2 (visitor) visas may be appropriate for cohabiting (unmarried) partners, whether of the same or opposite sex (See 9 FAM 41.31, pages 25-26), so while they have been living with me I don't think we are exploiting it since we are a committed couple but haven't gotten married yet.