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DV 2015 AOS Only

Hi All,

My wife and I received our interview letters today. I am the principal applicant with case number EU33xxx. I wanted to share my experience because I cannot thank enough to the people in this forum (especially Mom and Simon). I have to give back something in return :).

Our case became current this month (June). As soon as we learned about it back in April, we went for medical exam. About a week prior to Visa Bulletin release, we learned that my wife is pregnant. Our TB skin tests came back positive. I heard this is common because of the mandatory vaccinations in certain countries (we are from Turkey). I took the chest X-ray and it came out negative. Because my wife is pregnant, we didn't want her to take an X-ray scan and the doctor helped us a lot on that. He contacted USCIS and put a note in Form I-693 stating that my wife is pregnant, her skin test came positive but she doesn't show any symptoms, and she will be taking the X-ray scan after the birth.

After the medicals are done, I prepared both of our packages by following the Google spreadsheet. I stapled the forms (I saw your warning later on Mom), but put paper clips in other papers. I put them in protective sheets and wrote a list of items on each protective sheet. I had 2 protective sheets full for myself and 1 for my wife. I put the checks and the passport photos in a separate protective sheet.

My country takes the original birth certificates to give state IDs. Therefore, we didn't have our original birth certificates. We went to Chicago Turkish Consulate and got copies of approved and stamped certificates. I gave my high school diploma to my undergrad university back in Turkey and forgot to take it back when I left. I wrote a letter to my university saying something like 'I give permission my dad to take my diploma' and my dad picked it up for me. For my wife, her high school gave a stamped letter stating she graduated from that school and got a diploma with the graduation year and some more details. We couldn't get her original diploma from her university. My dad got them translated with a certified translator and sent them to us with DHL (60 Euros, believe it or not but this was the cheapest; they delivered in 2 days though).

Here's the list of things we sent to Chicago Lockbox:
- W2 forms for the last 3 years
- KCC confirmation letter
- Form I-485s
- Form G-325As
- I-797 for my OPT EAD
- Copy of DV payment receipt
- Copies of translated and Turkish diplomas (including BS and MS degrees)
- $1070 check (x2)
- Diversity lottery result printout
- Job offer and appointment letters
- Last 3 year's IRS transcripts (you can get these easily from IRS website)
- Copies of old passports' biographic and visa pages
- Copies of new passports' biographic pages
- Copies of social security cards
- Form I-693s (in doctor sealed envelopes)
- Copies of birth certificates (Turkish and English)
- All I-20 forms (F1, program extension and OPT I-20s for me, F1 I-20 for my wife)
- Most recent I-94s (printed online)
- Policy memo regarding DV-related I-485 applications
- Copy of marriage certificate
- Copy of my EAD card
- Copies of paychecks for the last 3 months
- G-1145 forms
- Printout of KCC '2015EU00033xxx Diversity Visa Adjustment Letter' e-mail
- Back statements for the last 3 months
- 2 passport photos, lightly labeled at the back with A-number and name (for each applicant)

Here's the timeline so far:
01-11-15 - DS-260 Forms Submitted
02-06-15 - 2nd NL from KCC
04-30-15 - Medicals Completed
05-06-15 - Package Arrived at Chicago Lockbox
05-13-15 - Text notification for AOS package receipt, checks cashed.
05-18-15 - Notice of action letter
05-22-15 - Bio Letter
06-01-15 - Biometrics
06-18-15 - Interview Letter
07-08-15 - Interview Date

I will keep you updated after the interview.

P.S. we waited until January to submit the DS-260 forms because I got my OPT EAD card on August 2014 and didn't want to risk the 30-60-90 rule. I know, I could've submitted the forms on November, but I am a very lazy person sometimes.
 
Hi all,
I got the interview letter today. However, I didn't apply for employment authorization so when and how can I get SSN?
I'm an F1.
 
Engin said:
Hi All,

My wife and I received our interview letters today. I am the principal applicant with case number EU33xxx. I wanted to share my experience because I cannot thank enough to the people in this forum (especially Mom and Simon). I have to give back something in return :).

Our case became current this month (June). As soon as we learned about it back in April, we went for medical exam. About a week prior to Visa Bulletin release, we learned that my wife is pregnant. Our TB skin tests came back positive. I heard this is common because of the mandatory vaccinations in certain countries (we are from Turkey). I took the chest X-ray and it came out negative. Because my wife is pregnant, we didn't want her to take an X-ray scan and the doctor helped us a lot on that. He contacted USCIS and put a note in Form I-693 stating that my wife is pregnant, her skin test came positive but she doesn't show any symptoms, and she will be taking the X-ray scan after the birth.

After the medicals are done, I prepared both of our packages by following the Google spreadsheet. I stapled the forms (I saw your warning later on Mom), but put paper clips in other papers. I put them in protective sheets and wrote a list of items on each protective sheet. I had 2 protective sheets full for myself and 1 for my wife. I put the checks and the passport photos in a separate protective sheet.

My country takes the original birth certificates to give state IDs. Therefore, we didn't have our original birth certificates. We went to Chicago Turkish Consulate and got copies of approved and stamped certificates. I gave my high school diploma to my undergrad university back in Turkey and forgot to take it back when I left. I wrote a letter to my university saying something like 'I give permission my dad to take my diploma' and my dad picked it up for me. For my wife, her high school gave a stamped letter stating she graduated from that school and got a diploma with the graduation year and some more details. We couldn't get her original diploma from her university. My dad got them translated with a certified translator and sent them to us with DHL (60 Euros, believe it or not but this was the cheapest; they delivered in 2 days though).

Here's the list of things we sent to Chicago Lockbox:
- W2 forms for the last 3 years
- KCC confirmation letter
- Form I-485s
- Form G-325As
- I-797 for my OPT EAD
- Copy of DV payment receipt
- Copies of translated and Turkish diplomas (including BS and MS degrees)
- $1070 check (x2)
- Diversity lottery result printout
- Job offer and appointment letters
- Last 3 year's IRS transcripts (you can get these easily from IRS website)
- Copies of old passports' biographic and visa pages
- Copies of new passports' biographic pages
- Copies of social security cards
- Form I-693s (in doctor sealed envelopes)
- Copies of birth certificates (Turkish and English)
- All I-20 forms (F1, program extension and OPT I-20s for me, F1 I-20 for my wife)
- Most recent I-94s (printed online)
- Policy memo regarding DV-related I-485 applications
- Copy of marriage certificate
- Copy of my EAD card
- Copies of paychecks for the last 3 months
- G-1145 forms
- Printout of KCC '2015EU00033xxx Diversity Visa Adjustment Letter' e-mail
- Back statements for the last 3 months
- 2 passport photos, lightly labeled at the back with A-number and name (for each applicant)

Here's the timeline so far:
01-11-15 - DS-260 Forms Submitted
02-06-15 - 2nd NL from KCC
04-30-15 - Medicals Completed
05-06-15 - Package Arrived at Chicago Lockbox
05-13-15 - Text notification for AOS package receipt, checks cashed.
05-18-15 - Notice of action letter
05-22-15 - Bio Letter
06-01-15 - Biometrics
06-18-15 - Interview Letter
07-08-15 - Interview Date

I will keep you updated after the interview.

P.S. we waited until January to submit the DS-260 forms because I got my OPT EAD card on August 2014 and didn't want to risk the 30-60-90 rule. I know, I could've submitted the forms on November, but I am a very lazy person sometimes.
Click to expand...

Since you're the PA, your wife's HS Diploma isn't required, so it doesn't matter that her HS wouldn't release the original Diploma to someone else.

Good luck with the process and keep us posted on the outcome of your interview.

p.s. Do update the 2015 DV Timelines with your case details (if you haven't done so already). Thanks!
 
Is it possible to get a SSN before receiving GC? Interview date 7/8/2015. Current status in US is tourist visa.
 
NannaNook said:
Hi all,
I got the interview letter today. However, I didn't apply for employment authorization so when and how can I get SSN?
I'm an F1.
Click to expand...

You will have to wait till after your case is approved and you receive your GC before you can apply for your SSN. To apply, you will have to visit your nearest SSA office with your GC, and your birth certificate.
 
Knot said:
Is it possible to get a SSN before receiving GC? Interview date 7/8/2015. Current status in US is tourist visa.
Click to expand...

No it is not possible. Case must be approved and the actual GC received (or have an I-551 stamp on your passport) before you can apply for a SSN.

The exception to this is for those who included an I-765 form with their package, or who later sent in the I-765. Without an approved EAD card being issued, your GC petition must be approved before you can apply for a SSN.
 
Knot said:
Is it possible to get a SSN before receiving GC? Interview date 7/8/2015. Current status in US is tourist visa.
Click to expand...
Interesting, I never knew one could pursue AOS in the US based on actual "tourist visa" status. Maybe that is where DV AOS differs from others AOS cases...
 
Thank you, Mom.
Actually, it is not a tourist visa but for simplicity I said a tourist visa. He is trying to use section 245(i).
This is my friend's case (it really is my friend's, not mine).
I know that in most cases hiring an attorney for DV cases is not necessary but I am afraid my friend has to consult a professional, or two, before it is too late.
Does anyone know a good immigration lawyer? Sorry if this question should not even be asked here.
 
EURO2014 said:
Interesting, I never knew one could pursue AOS in the US based on actual "tourist visa" status. Maybe that is where DV AOS differs from others AOS cases...
Click to expand...

I was wondering about this too. I think it's unusual, because it's hard to prove you didn't have immigrant intent on entering, assuming it is a normal tourist visa. Will be interesting to see the outcome.
 
Knot said:
Thank you, Mom.
Actually, it is not a tourist visa but for simplicity I said a tourist visa. He is trying to use section 245(i).
This is my friend's case (it really is my friend's, not mine).
I know that in most cases hiring an attorney for DV cases is not necessary but I am afraid my friend has to consult a professional, or two, before it is too late.
Does anyone know a good immigration lawyer? Sorry if this question should not even be asked here.
Click to expand...

From the little I just read about this I doubt your friend has any chance. He needed an immigrant petition filed before 2001 to benefit apparently?
Even assuming there are any exceptions to out of status for DV.

http://www.hooyou.com/245i/faq.html
 
EURO2014 said:
Interesting, I never knew one could pursue AOS in the US based on actual "tourist visa" status. Maybe that is where DV AOS differs from others AOS cases...
Click to expand...

Yes, it's possible. We actually have documented cases of people in this forum who successfully processed AOS from B1/B2 visas in 2014 and some other years. It all depends on when they originally entered the U.S. to overcome the preconceived immigrant intent. And they're no supposed to have gone out of status as at the time of filing the AOS petition.

Risky move, but definitely possible.
 
SusieQQQ said:
From the little I just read about this I doubt your friend has any chance. He needed an immigrant petition filed before 2001 to benefit apparently?
Even assuming there are any exceptions to out of status for DV.

http://www.hooyou.com/245i/faq.html
Click to expand...

Thank you. The initial petition was filed in the late 90's. While the initial application was valid at the time, later it was "abandoned". From reading about, it can be reactivated either through employment based sponsorship, family, or winning the DV Lottery.
 
Sm1smom said:
No it is not possible. Case must be approved and the actual GC received (or have an I-551 stamp on your passport) before you can apply for a SSN.

The exception to this is for those who included an I-765 form with their package, or who later sent in the I-765. Without an approved EAD card being issued, your GC petition must be approved before you can apply for a SSN.
Click to expand...

I think they did I-765. How could they approve an EAD in a complicated situation like his? At what stage would USCIS examine sec 245(i) claim is valid?
That is why I said the case is a bit complicated.
 
Knot said:
I think they did I-765. How could they approve an EAD in a complicated situation like his? At what stage would USCIS examine sec 245(i) claim is valid?
That is why I said the case is a bit complicated.
Click to expand...

Sorry I can't comment on this. Your friend needs to go talk to a competent immigration attorney.
 
Knot said:
Thank you, Mom.
Actually, it is not a tourist visa but for simplicity I said a tourist visa. He is trying to use section 245(i).
This is my friend's case (it really is my friend's, not mine).
I know that in most cases hiring an attorney for DV cases is not necessary but I am afraid my friend has to consult a professional, or two, before it is too late.
Does anyone know a good immigration lawyer? Sorry if this question should not even be asked here.
Click to expand...
Hmm... Do these restrictive conditions apply to your friend's case - "The initial petition was filed in the late 90's. While the initial application was valid at the time, later it was "abandoned".?", from your earlier message:

" Am I eligible for Section 245(i) adjustment of status under the LIFE Act?

To be eligible, you must:
* Be the beneficiary of a Form I-130 immigrant visa petition ("Petition for Alien Relative"), or Form I-140 immigrant visa petition ("Immigrant Petition for Alien Worker"), or Form I-360 ["Petition for an Amerasian Widow(er), or Special Immigrant], or Form I-526 ("Petition for an Alien Entrepreneur") filed with the INS on or before April 30, 2001, (either received by INS or, if mailed, postmarked on or before April 30, 2001) or

* Be the beneficiary of an application for labor certification filed with the Department of Labor (DOL) according to DOL rules on or before April 30, 2001, and

* Also have been physically present in the United States on December 21, 2000, if the qualifying visa petition or labor certification application was filed after January 14, 1998. "
Source: http://www.uscis.gov/sites/default/files/files/pressrelease/Section245ProvisionLIFEAct_032301.pdf

Presuming they actually did and that application can somehow be "reactivated" in support of any current I-485 application as explained in the linked document, this surely would need to be properly handled through an Immigration Attorney with significant experience in Section 245(I) cases, no way this can possibly be handled during a simple DV interview in my humble opinion :(
 
Last edited:
Knot said:
Thank you. The initial petition was filed in the late 90's. While the initial application was valid at the time, later it was "abandoned". From reading about, it can be reactivated either through employment based sponsorship, family, or winning the DV Lottery.
Click to expand...

Oh really? My abandoned petition from the 1990s couldn't be reactivated and a new one had to be filed. We paid an attorney some stupid amount of money to get to that conclusion. But good luck and hope you have a better outcome.
 
SusieQQQ said:
Oh really? My abandoned petition from the 1990s couldn't be reactivated and a new one had to be filed. We paid an attorney some stupid amount of money to get to that conclusion. But good luck and hope you have a better outcome.
Click to expand...

They can't file a new one. They are out of status and in order to qualify for adjustment of status they have to link their AoS to 245 (i).
 
Knot said:
They can't file a new one. They are out of status and in order to qualify for adjustment of status they have to link their AoS to 245 (i).
Click to expand...
Yep, that is the core of the problem your friend is facing: he/she is out of status, and therefore, per se, unable to pursue a DV AOS application. Hence, a valid 245(I) application would need to be proven to be effectively in place in order to overcome the otherwise automatic "out of status assumption" at the DV interview. Lot's to be done and precious little time... Good luck to your friend, we wish her/him well.
 
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