DV 2015 AOS Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
You certainly have an interesting way of interpreting everything you read it seems. I remember the back and forth discussion we had about submitting the DS form back and how ambiguous you think the memo referencing the requirement was ambiguous as per your post below:
Anyway, you can go ahead and wait till Oct 1st before filing. Most people here already know about the memo authorizing early filing and are already following what it says.
SusieQQQ
Well-Known Member
Well, this also talks about establishing that a visa number must be available immediately, but then goes on to say that if your number has been published as current for a particular month that means a visa number is available. Which ties up with the early filing that everyone else had been able to do.
http://www.uscis.gov/green-card/oth...card-through-diversity-immigrant-visa-program
In particular: "As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated."
Nothing "ambiguous" about that.
It is curious if the notice specifically says not to file before Oct 1. Be interesting to see if anyone else reports this.
I'd also idly observe that most people here who talk about attorneys do so in the context of them having messed up on AOS cases.
http://www.uscis.gov/green-card/oth...card-through-diversity-immigrant-visa-program
In particular: "As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated."
Nothing "ambiguous" about that.
It is curious if the notice specifically says not to file before Oct 1. Be interesting to see if anyone else reports this.
I'd also idly observe that most people here who talk about attorneys do so in the context of them having messed up on AOS cases.
Britsimon
Super Moderator
Huh? What letter? I'm confused.
The 1NL is the letter you see on the ESC site - and that does not say anything about don't file until 10/1.
Then for AoS you get a 2NL once you inform them you are doing AoS. Prior to this year that was done with the DS230 - now replaced byu the online DS260. However if you haven't done that, I don't see how you would have got the 2NL.
Also, did you pay the DV fee?
This may help Stephaneu, it is a direct cut and paste from our 2nd NL, DV2015OC000003xx
Thank you for informing us of your intention to apply for adjustment of status with the Department of Homeland
Security, U.S. Citizenship and Immigration Services (USCIS).
Please note that there are legal restrictions on who may qualify for adjustment of status in the United States, and
that while most adjustment applications are filed with USCIS, aliens in removal proceedings must file their
adjustment applications with the Immigration Court. You must also pay the Diversity Visa (DV) processing fee
before USCIS or the court will act on your adjustment application.
To adjust to legal permanent resident status through the Diversity Visa program, you must file Form I-485 with
your local USCIS Office. However, you must wait until an immigrant visa number is immediately available to
file Form I-485, otherwise your application will be rejected. To see if an immigrant visa number is immediately
available, check the current Department of State Visa Bulletin at
http://www.travel.state.gov/visa/bulletin/bulletin_1360.html
You must submit the Diversity Visa (DV) "Notification Letter" we sent you to the USCIS office nearest your
place of residence in order to apply for adjustment of status. You may apply to USCIS for adjustment of status
from October 1, 2014 until September 30, 2015. DV - 2015 immigrant visa status is only valid through that date.
We are/were current in October and submitted our AOS package to the Chicago lock-box on August 18th, just completed our Biometrics today at the local USCIS office and only have the interview to go, I'd suggest following the advice from britsimon, SusieQQQ, sm1smom, they know their stuff and given our progress to date I'm hopeful we will get our AOS interview in October
Thank you for informing us of your intention to apply for adjustment of status with the Department of Homeland
Security, U.S. Citizenship and Immigration Services (USCIS).
Please note that there are legal restrictions on who may qualify for adjustment of status in the United States, and
that while most adjustment applications are filed with USCIS, aliens in removal proceedings must file their
adjustment applications with the Immigration Court. You must also pay the Diversity Visa (DV) processing fee
before USCIS or the court will act on your adjustment application.
To adjust to legal permanent resident status through the Diversity Visa program, you must file Form I-485 with
your local USCIS Office. However, you must wait until an immigrant visa number is immediately available to
file Form I-485, otherwise your application will be rejected. To see if an immigrant visa number is immediately
available, check the current Department of State Visa Bulletin at
http://www.travel.state.gov/visa/bulletin/bulletin_1360.html
You must submit the Diversity Visa (DV) "Notification Letter" we sent you to the USCIS office nearest your
place of residence in order to apply for adjustment of status. You may apply to USCIS for adjustment of status
from October 1, 2014 until September 30, 2015. DV - 2015 immigrant visa status is only valid through that date.
We are/were current in October and submitted our AOS package to the Chicago lock-box on August 18th, just completed our Biometrics today at the local USCIS office and only have the interview to go, I'd suggest following the advice from britsimon, SusieQQQ, sm1smom, they know their stuff and given our progress to date I'm hopeful we will get our AOS interview in October
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Sm1smom
Super Moderator
I'm ready to bet everything I've got, including my jealously guarded GC, that no can produce a letter from KCC that says don't file until Oct 1st! It's simply a narrow and misguided interpretation that he has chosen to give the sentence 'you must wait until an immigrant visa number is available to file form I485 ...' A standard phrase contained in the generic letter KCC sends to AOS applicants following the processing of their DS230/260 forms.
Sm1smom
Super Moderator
I think he must have eventually submitted the DS form, and he just got his 2NL based on that. He was probably so eager to prove us wrong his mind immediately locked up on his own personal interpretation.
This is the same person that complained about the AOS spreadsheet and felt the items listed do not make sense and therefore cannot be required since the I485 does not list them.
Britsimon
Super Moderator
OK - so yep - the letter is the 2NL that Stephanau would only have if he had filled in the DS260 - but he says he did not have to complete that.
Then as your case confirms, cases can be submitted early (as described in the memo) and are accepted early. I imagine the July 18th date is a typo - you would have seen your number current in August so you probably mean you submitted on August 18 - right?
So - we still have the mystery of what letter Stephau has that says you cannot file before 10/1 and we also have proof that you can. Hmmmmm.
You are right, meant to say August 18th, updated the post to reflect the same, you wont get the 2nd NL without completing the DS-260 as the DS-260 is required to indicate you selected AOS
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Britsimon
Super Moderator
I very much doubt that number will be current before September and next year will be like this year in the last minute scramble for available visas. Watch what happens in the next few weeks to remaining AOS cases and then you can decide whether to stick with AOS or change to CP.
ArminJason
Member
October 2014 Visa Bulletin is out!
http://travel.state.gov/content/vis...etin/2015/visa-bulletin-for-october-2014.html
http://travel.state.gov/content/vis...etin/2015/visa-bulletin-for-october-2014.html
This is basically what I received, and I didn't fill out the DS-260. We sent them a letter to indicate we were doing AOS and the DV fee as well.
Britsimon
Super Moderator
That is interesting. If you read the DV2014 AoS thread you will see that some people have been made to wait until the KCC file is requested by the FO. Part of that file in the past has been the forms and paperwork (122/230, emails or whatever else) submitted to KCC. Your file may be considered incomplete, so hopefully that won't be an issue. It's a good thing you are pushing the boundaries at the beginning of the year, not the end.
Any update on where it was written that you cannot file prior to Oct 1?
Sm1smom
Super Moderator
In fairness though, it's not like not submitting the DS-form to KCC will end up being a show spoiler for anyone. However, KCC would prefer for everyone, including those processing AOS, to submit the form, that is the only way they get to know of a selectees decision to process their selection further.
We've had reports of some in the past who did not bother to submit the form, or make any contact with KCC and the IO had asked them for the confirmation letter from KCC at the time of their interview, which they obviously did not have since they never submitted their forms. They eventually got approved, but it took a while for the IO to do so, a delay that could have been avoided all together if that simple first step of submitting the form was taken.
In this OP's case, he said he sent a note (I guess filling the form was too much of a hassle) and got back the 2NL from KCC, so it's all good.
SusieQQQ
Well-Known Member
Just to show "ambiguity" here are attorneys at avvo disagreeing, though the one who says everyone has to file a DS260 appears to have had the last word.
http://www.avvo.com/legal-answers/do-i-have-to-file-i-485-and-ds-260-for-dv2015-if-l-1777272.html
http://www.avvo.com/legal-answers/do-i-have-to-file-i-485-and-ds-260-for-dv2015-if-l-1777272.html
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SusieQQQ
Well-Known Member
That looks like the same statement I linked, which goes on to say you can file 6-7 weeks early...
No matter, as simon points out, you are at the beginning of the process, you have 11 months to fix any issues.
Others who may not have that luxury of time should be more wary of following your route. An "I'm alright Jack" approach is not the most helpful to others on the forum.
Britsimon
Super Moderator
OK, so yes you fell in to the trap of believing them to be consistent ion what they say.
The early filing policy is clearly laid out in the memo and is working for 2015 as it did in 2014.
Britsimon
Super Moderator
Yep agreed. If someone reads the instructions on the travel.state website they would not file the 260 at all. Mind you the instruction would suggest they should print out a webpage and trot down to the local USCIS Field Office to get further instructions. Hilarious. That would be the start of a long and frustrating journey.