DV 2016 AOS Only

[Marian Valentin]

Hi Mom and others! I just wanted to quick share our experience regarding what the process of Dv lottery meant to us. We have started the AOS process being on F1 pending status( authorized period of stay). After we had our biometrics done, we have received a Denial letter for our F1 application and we departed from Us within 24 hrs ( after all lawyers in the world told us not to). It took from March 2nd(when we left) until June 2nd ( when we made it to have our Dv interview in Bucharest, Romania). Kcc told us from the beginning that the interview would need about 2-3 months to be rescheduled from AOS to CP, and it did. June 2nd, interview comes: after a difficult 20 min interview at the consulate, going thru all changes of statuses that we've had during 3 years in US( H2b-B2, B2-H2b, H2b -B2, B2-F1-denied). We have brought 1 Memorandum and clearly explained with proof that we have never overstayed our stay in Us( original approval notices & boarding pass, and finally got the visas approved(me & my wife). Ceac already shows Issued and now we are happy to share our experience with the hope that it will help others in difficult situations like ours.

Thank you all for the advice while in Us and we wish everybody Good luck and be fully prepared!

 

[Sm1smom]

Hi Mom and others. I have gone to Infopass two times, today and three weeks ago and have had some informative conversations which I would like to share here.

Three weeks ago: I went to USCIS and told them that I want to submit another I-485 based on my NIW approval. My wife is on I-485 pending status and infopass officer said "it is totally fine for her to apply". But, the officer said that if I apply for another I-485, it will go to Texas center and they will ask here to send whole my current application docs to Texas center, consequently, it puts more delays in my current (DV based) application.
Ultimately she talked to my IO and came back to me that "your IO just said that he will approve your case in few days and please don't apply for the second I-485."

But unfortunately the IO did not approve my case after three weeks and today I went to another infopass to let them know that I am moving to New York and ask them to change my address (I could change it in the website, just wanted to make sure). The infopass officer said that I better not to change address to another city because then they will have to send my package to a new center which will result in more delays, and it is irrelevant to the fact that I have already done my interview. Then he sent an email to my IO and let him know about the situation. Infopass officer mentioned that it is of the IO's interest to approve my case because he will get credit per each case. Ultimately, we concluded to use my friend's address in the current city, and after three weeks I will change the address to the new city. But, at the end he suggested to do another infopass the day before changing the address to the new city.

Thank you for coming back to share your findings with the forum. It's good to see/know that what USCIS told you at your INFOPASS is in line with what I initial said regarding the impact of filing a new I-485 petition at this point in time considering the fact that you've already had your DV interview (which can be found below):

http://forums.immigration.com/threads/dv-2016-aos-only.326148/page-140#post-2431771

The only section of what they told you, which I firmly believe is inaccurate is the statement that your DV file will end up getting sent to Texas. This will only happen if by some miraculous reason they're ready to approve the NIW petition while the DV one is still pending which is highly unlikely (unless of course your background check clearance is still pending). The delay that will be experienced will be the other way round. When your IO is ready to decide your DV based AOS, they will need the NIW based AOS file sent to your current FO, and getting a file sent from one FO to the other can be quite a pain in the rear.

 

[Sm1smom]

Hi Mom and others! I just wanted to quick share our experience regarding what the process of Dv lottery meant to us. We have started the AOS process being on F1 pending status( authorized period of stay). After we had our biometrics done, we have received a Denial letter for our F1 application and we departed from Us within 24 hrs ( after all lawyers in the world told us not to). It took from March 2nd(when we left) until June 2nd ( when we made it to have our Dv interview in Bucharest, Romania). Kcc told us from the beginning that the interview would need about 2-3 months to be rescheduled from AOS to CP, and it did. June 2nd, interview comes: after a difficult 20 min interview at the consulate, going thru all changes of statuses that we've had during 3 years in US( H2b-B2, B2-H2b, H2b -B2, B2-F1-denied). We have brought 1 Memorandum and clearly explained with proof that we have never overstayed our stay in Us( original approval notices & boarding pass, and finally got the visas approved(me & my wife). Ceac already shows Issued and now we are happy to share our experience with the hope that it will help others in difficult situations like ours.

Thank you all for the advice while in Us and we wish everybody Good luck and be fully prepared!

Congratulations! Glad to know you pulled through, I've often wondered how things went down with you guys. And thanks for coming back to share the outcome.

 

[Alyas]

Hi Smlsmom,, I am confused now! Please advice.. I went to my Lawyer yesterday she was saying to take lawyer with me for the interview. I said i am pretty confidence for my interview, then she said most of the IO's does not know about DV Cases, they will confused and put my file on hold, so if i take lawyer with me it might help in the DV Case.

Please advice is that right?

Thank you in advance.

 

[Sm1smom]

Hi Smlsmom,, I am confused now! Please advice.. I went to my Lawyer yesterday she was saying to take lawyer with me for the interview. I said i am pretty confidence for my interview, then she said most of the IO's does not know about DV Cases, they will confused and put my file on hold, so if i take lawyer with me it might help in the DV Case.

Please advice is that right?

Thank you in advance.

Does your lawyer get paid extra for attending the interview with you, or it's already included in the fee they charged you upfront?

 

[Alyas]

Does your lawyer get paid extra for attending the interview with you, or it's already included in the fee they charged you upfront?

Yes, i have to pay her extra.
i do not think my case is complicated as i have F-1 status, single and have a good job.
What would you do if you were in place of me will you take a lawyer with you?

 

[Britsimon]

Yes, i have to pay her extra.
i do not think my case is complicated as i have F-1 status, single and have a good job.
What would you do if you were in place of me will you take a lawyer with you?

I wouldn't take her with me. In fact, I wouldn't have the lawyer in the first place.

 

[Sm1smom]

Yes, i have to pay her extra.
i do not think my case is complicated as i have F-1 status, single and have a good job.
What would you do if you were in place of me will you take a lawyer with you?

Tell her to buzz off! She's only fighting to go with you because of what she stands to gain.

Go through the Thread and read about all the people that successfully completed the process without the service of a lawyer. Firmly tell her, you don't need her to attend the interview with you. Period!

 

[Sm1smom]

We actually had this conversation back in January regarding the need for a lawyer at the interview, and I did say it wasn't necessary back then:

Do you advice me to have a attorney at the time of interview...????

Having an attorney at the interview isn't going to make USCIS approve any case that cannot be approved based on its own merit to start it.

@Sm1smom,, but i have seen at some messages some people had an attorney at the time of interview and advised to have it.
But i have everything which needs to have but still confused....thanks.

 

[Alyas]

Tell her to buzz off! She's only fighting to go with you because of what she stands to gain.

Go through the Thread and read about all the people that successfully completed the process without the service of a lawyer. Firmly tell her, you don't need her to attend the interview with you. Period!

thanks for your advice.

 

[Alyas]

We actually had this conversation back in January regarding the need for a lawyer at the interview, and I did say it wasn't necessary back then:

Yes, i did, but currently my lawyer is getting me confused, so i thought to share with you again, so that i can have my final decision.

 

[Alyas]

Quick question, Do I have to inform to IO about my case is DV Case so that they will aware to approve before september/2016 or I should be fine without mentioning anything?

Thanks.

 

[SusieQQQ]

Yes, i did, but currently my lawyer is getting me confused, so i thought to share with you again, so that i can have my final decision.

You should be especially wary of a lawyer that is confusing you simply to make more money out of you.

 

[SusieQQQ]

Yes, i did, but currently my lawyer is getting me confused, so i thought to share with you again, so that i can have my final decision.

In fact, a question: has this lawyer already done anything for you that you could not do yourself or that you did not know from the AOS spreadsheet or the forum?

 

[Sm1smom]

Quick question, Do I have to inform to IO about my case is DV Case so that they will aware to approve before september/2016 or I should be fine without mentioning anything?

Thanks.

You don't necessarily have to. However, you shouldn't hesitate to ask the IO on anything you're not clear on, so mention the fact that yours is a DV case if doing so is likely to put your mind at rest, and you don't start second guessing yourself once you leave.

 

[EURO2014]

Yes, i have to pay her extra.
i do not think my case is complicated as i have F-1 status, single and have a good job.
What would you do if you were in place of me will you take a lawyer with you?

"... I have F-1 status, single and have a good job", just wondering - is this job with your university/college or otherwise covered under your F-1 through CPT or OPT?

 

[Alyas]

In fact, a question: has this lawyer already done anything for you that you could not do yourself or that you did not know from the AOS spreadsheet or the forum?

Yes, she did my paperwork just in case i do not want to file myself but the end point she is now to hire a lawyer for interview.

Thanks.

 

[Alyas]

You don't necessarily have to. However, you shouldn't hesitate to ask the IO on anything you're not clear on, so mention the fact that yours is a DV case if doing so is likely to put your mind at rest, and you don't start second guessing yourself once you leave.

OK. Thanks a lot for giving such a wonderful advice.

 

[Alyas]

"... I have F-1 status, single and have a good job", just wondering - is this job with your university/college or otherwise covered under your F-1 through CPT or OPT?

Covered under CPT.

 

[EURO2014]

Covered under CPT.

Then, depending on your financial circumstances, I definitely would arrange for sponsored form I-134, if you do not have one in hand for the interview already. CPT is part-time (20 hours per week or less) or full-time (more than 20 hours per week). If you accumulate 12 months (365 or more days) of full-time CPT authorization, you lose your eligibility for Optional Practical Training (OPT), another type of employment authorization for F-1 students. In all cases job duration is limited - better safe than sorry.