• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV 2015 AOS Only

Fabrice said:
I am doing AoS (F1 status at the moment) and my CN is 2015AF47xxx (not current). I am planning on filling an I-824 at the same time. I think I’ll be current in July for an interview in September. When do you think my wife can get her visa? Is she going to be interviewed at the same time. What are your advice for me in this case? I appreciate your help
Click to expand...

Glad you came over here. Just to be clear to get Moms input - where is your wife now?
 
Hi,

I would like to get your feedback on our case...

I got selected for the 2015 DV lottery with case number 2015AF16XXX. I have been working in the US on H1B visa status. I got married in 2014 and my wife joined me in November of last year on a H4 visa status. I came to know of my selection to the DV lottery in February 2015 and we submitted an AoS package with help from my company lawyers in March. We had our interview last week and we came to know that my green card application has been approved while my wife's case is still pending a name check (as we understand that is the only thing that needs to go through before she gets her green card). We were told by my company lawyers that her status in the US will expire on September 30, 2015 even though her original H-4 visa case was valid until 2018 and that she would need to leave the country in September if her name check does not complete. Our biometric appointment was on April 18. Please let me know what our options are. Do you know if there is a good chance her name check will be completed within 3 months from now? What options do we have for preserving her status in the US? My company lawyers told me that the chief of staff at the field office is aware of our case and will be monitoring the situation. My company lawyers had also contacted the field office and requested them to not release my green card until my wife's case is processed but I received my welcome letter this weekend with an A number so I do not know if I have have permanent resident status in the U.S. We are very worried about this situation and any feedback or shared experiences will be appreciated.

Thanks.
 
HI,
FOr the biometrics appointment, we are not allowed cell phone? I will be going to the office by cab so wondering if we can switch it off and the ASC have some place to keep our belongings? or not take it at all?
 
Britsimon said:
Glad you came over here. Just to be clear to get Moms input - where is your wife now?
Click to expand...

I already gave him some input a while back, asked him some questions to which he never bothered to respond.

Fabrice said:
Hello,
I am a F1 student and a DV2015 with a CN AF47XXX. I am waiting for my number to be current and I am preparing all the doccuments. My problem is that I am married and my spouse is back home in AF. I was wondering what are all the documents I need to join to I-485 (including all the documents Mr Simon has in his google spreadsheet). I don't know what to use to apply for her because the USCIS is now clear enough for me. Is the I-824 enough or should I also add the I-130??? I really appreciate your help!
Click to expand...


Sm1smom said:
The list of documents "Mr Simon has in his Google spreadsheet" is intended to be a guide/used as a starting point as to what document may be required. All applicants will need to make the judgement call as to what else may be of help with their case, you know your situation better than we do, so you need to critically review your case and think of what may be of help outside of what listed on the spreadsheet.

Now regarding your spouse, is your spouse listed on your eDV registration or did you get married after the registration? Did you submit form DS-260 for your spouse? Did you indicate on your own form that you will be processing follow-to-join for your spouse? Did you already make your own DV fee payment?

If the answers to the above questions are yes (of course with he exception of the the one asking if you got married after the eDV registration), then you're covered for now.

The FTJ part of the process can only begin after you've been approved, nothing can be done prior to that. So yes, you'll need to file form I-824 after your case has been approved. I will suggest you fill this and take it along to your interview when the time comes, and if you get any sign the IO will be approving your case, mention the fact that your wife will be doing FTJ and your case file needs to be forwarded to the applicable local embassy - also ask if you could hand in the form I-824 right there, if they say 'no' ask for guidance on what to do (they will most likely say submit it through the lockbox). Anyway once you're approved you'll need to contact KCC right away to facilitate getting your case file transferred.
Click to expand...
 
Sm1smom said:
I already gave him some input a while back, asked him some questions to which he never bothered to respond.
Click to expand...
I am paying attention to everything you are saying and I really appreciate your help. I got married after I got selected. and Yes for all the other questions: I submitted both of our DS260, I also paid the $330. The medical is done too. and all the applications and checks are ready.
Do you think I could send both I485 and I824 at the same time (attached is an instruction I got from the I485 and I am not very sure of what it means).
Do you think we can make it by September (I am so panicked) . Thank a lot for helping
 

Attachments

  • concurently.PNG
    concurently.PNG
    12.4 KB · Views: 5
Britsimon said:
Very. Needs to be done right - and that isn't likely unless he listens to Mom.
Click to expand...
I pay close attention to everything said. I really want everything to be successful. By submitting my papers in July when do you think I can get interviewed so that I can call KCC and let them know they need to send my case to Burkina Faso so that my wife can come. Does she have to do all the medical and the interview too? Thanks for all
 
vsubram said:
Hi,

I would like to get your feedback on our case...

I got selected for the 2015 DV lottery with case number 2015AF16XXX. I have been working in the US on H1B visa status. I got married in 2014 and my wife joined me in November of last year on a H4 visa status. I came to know of my selection to the DV lottery in February 2015 and we submitted an AoS package with help from my company lawyers in March. We had our interview last week and we came to know that my green card application has been approved while my wife's case is still pending a name check (as we understand that is the only thing that needs to go through before she gets her green card). We were told by my company lawyers that her status in the US will expire on September 30, 2015 even though her original H-4 visa case was valid until 2018 and that she would need to leave the country in September if her name check does not complete. Our biometric appointment was on April 18. Please let me know what our options are. Do you know if there is a good chance her name check will be completed within 3 months from now? What options do we have for preserving her status in the US? My company lawyers told me that the chief of staff at the field office is aware of our case and will be monitoring the situation. My company lawyers had also contacted the field office and requested them to not release my green card until my wife's case is processed but I received my welcome letter this weekend with an A number so I do not know if I have have permanent resident status in the U.S. We are very worried about this situation and any feedback or shared experiences will be appreciated.

Thanks.
Click to expand...

Unfortunately, just like your lawyer already told you, your wife's status will expire on Sept 30th, 2015 if indeed she hasn't cleared the background check by then. It doesn't matter that her H-4 visa is currently valid until 2018, once your AOS petition is approved, which sounds like it is since you've received your GC Welcome Letter, your wife is no longer a H visa derivative (you're no longer on H1B yourself). Your lawyer really cannot dictate to USCIS as to when to release your GC once your own petition has been approved. But even if th can, USCIS must release your decision by Sept 30th, and if your wife's background check is still pending by then, she still will not have a H4 visa to fall back on.

Your next step may be that you will now have to sponsor her through the F2A family category. You should probably start talking with your lawyer on the possibility of doing that.
 
Fabrice said:
I am paying attention to everything you are saying and I really appreciate your help. I got married after I got selected. and Yes for all the other questions: I submitted both of our DS260, I also paid the $330. The medical is done too. and all the applications and checks are ready.
Do you think I could send both I485 and I824 at the same time (attached is an instruction I got from the I485 and I am not very sure of what it means).
Do you think we can make it by September (I am so panicked) . Thank a lot for helping
Click to expand...

You obviously weren't paying any attention, even though you think or claim you are. If you were, the right thing would have been for you to have responded back in April when I asked you the questions I did. If you had followed up, I would have explained the risk of possibly not been able to complete the process and encouraged you to go back home and process CP with your wife. Right now, I think it's probably too late to change to CP.

Now, typically for FT as pertained to DV AOS, the process would have been for your to complete AOS first, following your approval, USCIS will then forward your case file to the U.S. Embassy in your home country and the embassy will arrange for your wife to be interviewed. The key note here is you, he PA must be approved first.

Now, there's the slight possibility of concurrently filing both the I-485 and I-824 like you've pointed out above. However, this will require you to pay the $402 filing fee for the I-824 (which wouldn't have been necessary if the PA's petition is approved before the FTJ process is initiated). Making the additional payment does not guarantee your wife will be interviewed and approved before Sept 30th, because you must still be interviewed and approved first before your wife gets her turn. Of course the I-825 fee is equally non refundable if the PA's petition is denied, the spouse simply wouldn't be scheduled for an interview.
 
Britsimon said:
Oh dear. With the FTJ option I think he is trying to do, this won't end well if he doesn't listen to you.
Click to expand...

As it is, I'm not sure there's much I can do now anyway. If only he bothered to respond back in April when he first posted his case.
 
Sm1smom said:
Unfortunately, just like your lawyer already told you, your wife's status will expire on Sept 30th, 2015 if indeed she hasn't cleared the background check by then. It doesn't matter that her H-4 visa is currently valid until 2018, once your AOS petition is approved, which sounds like it is since you've received your GC Welcome Letter, your wife is no longer a H visa derivative (you're no longer on H1B yourself). Your lawyer really cannot dictate to USCIS as to when to release your GC once your own petition has been approved. But even if th can, USCIS must release your decision by Sept 30th, and if your wife's background check is still pending by then, she still will not have a H4 visa to fall back on.

Your next step may be that you will now have to sponsor her through the F2A family category. You should probably start talking with your lawyer on the possibility of doing that.
Click to expand...

Thank you very much for your response. Do you know if my wife will still be subject to a visa quota when her case is approved or will she be able to get a visa until September 30 based on the visa issued to me?

I am assuming that she would have to leave the country and can only come back after the few years it takes to process the F2A visa? Unless she gets a visa to enter the US on her own that is...

Is there any way she can remain in the U.S while the F2A visa is being processed?
 
vsubram said:
Thank you very much for your response. Do you know if my wife will still be subject to a visa quota when her case is approved or will she be able to get a visa until September 30 based on the visa issued to me?

I am assuming that she would have to leave the country and can only come back after the few years it takes to process the F2A visa? Unless she gets a visa to enter the US on her own that is...

Is there any way she can remain in the U.S while the F2A visa is being processed?
Click to expand...

The visa quota may not be applicable in her case, although it's not like they will be holding a visa in reserve for when she clears the background check.

Regarding the last part of your post, you should discuss with your lawyer like I earlier in suggested.
 
Sm1smom said:
As it is, I'm not sure there's much I can do now anyway. If only he bothered to respond back in April when he first posted his case.
Click to expand...
I see your point. I totally didn't notice your response until today, I was very focus on Mr Simon's site until he redirected me to you Mom. I'm sorry and I am realizing that I could be the reason my family won't get together as expected.
What do you think my very last effecient way to process is? Should I just fill and just "wait and see" or should I call KCC? What can I do? Thank you
 
Sm1smom said:
You obviously weren't paying any attention, even though you think or claim you are. If you were, the right thing would have been for you to have responded back in April when I asked you the questions I did. If you had followed up, I would have explained the risk of possibly not been able to complete the process and encouraged you to go back home and process CP with your wife. Right now, I think it's probably too late to change to CP.

Now, typically for FT as pertained to DV AOS, the process would have been for your to complete AOS first, following your approval, USCIS will then forward your case file to the U.S. Embassy in your home country and the embassy will arrange for your wife to be interviewed. The key note here is you, he PA must be approved first.

Now, there's the slight possibility of concurrently filing both the I-485 and I-824 like you've pointed out above. However, this will require you to pay the $402 filing fee for the I-824 (which wouldn't have been necessary if the PA's petition is approved before the FTJ process is initiated). Making the additional payment does not guarantee your wife will be interviewed and approved before Sept 30th, because you must still be interviewed and approved first before your wife gets her turn. Of course the I-825 fee is equally non refundable if the PA's petition is denied, the spouse simply wouldn't be scheduled for an interview.
Click to expand...
There is then nothing to do? I feel very bad I did not focus now I am so stressed.
 
Asia174 said:
HI,
FOr the biometrics appointment, we are not allowed cell phone? I will be going to the office by cab so wondering if we can switch it off and the ASC have some place to keep our belongings? or not take it at all?
Click to expand...

I believe many of the ASCs will allow you to bring a cell phone as long as it's off and stowed in your bag. (The Manhattan ASC certainly allowed me to do that). But it depends on your ASC - you should google around to find out what people's experiences have been at your ASC.
 
You must log in or register to reply here.
Top