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DV 2016 AOS Only

Hi everyone

We had our interview today at Indianapolis Field Office. We are little surprised currently. This is how it went:
Our interview was scheduled at 10:15 and 11 AM. We reached the FO at around 9:55 and was asked to wait in the waiting area. At around 10:30, a gentleman came and spelled both of our names. He took us to the office and asked us to raise our hands and sworn the oath. After that, he said to sit on the chair for the interview.

The officer was so kind and cool. Sometimes, he used to joke too. Firstly, he asked me about my studies. I am a medical doctor in Nepal, hence he asked about the medical system there. Then he went through my I485 form and double checked all my information. He checked all the documents we sent in AOS package. When he saw the marriage certificate, he asked for photos from marriage. We have printed them and took with us. We showed him our album and he was so interested to see the pictures.

Then he went through my husband's I485 form and repeated the same thing as mine. He asked my husband about his work. He also asked if we own a joint property. We told we own a mortgage. He didn't ask for any proofs though. He seems satisfied with the documents we have sent with package. He even didn't ask four our Birth Certificates or Marriage Certificates originals.

After reviewing our documents, he told that he is still expecting a file from KCC. He showed us an email from KCC that they mailed the file on Oct 28 but the office has not received yet. He told as soon as he gets file from KCC, he will enter into the system and we will get notification.

He asked if we have any further questions. My husband asked him how long does it take to get file from KCC. He told its usually 10 days. He told if we don't hear from within 30 days, we can call the 1800 number.

He printed the approval notice and gave each copy to us. We came home feeling so happy.

At around 3 PM, we received a text about update in our case. I looked into the mycasestatus and saw different things in my and my husband's case.
My case had "Continuation Notice was Mailed". My husband's case had "Request for Evidence".

We are little bit surprised. We already have approval notice with us and still what is going on with RFE? Is it defect in their system? or is it a real RFE?

Thanks for all who helped and prayed for our interview. Although now we are surprised for receiving such notification, we are expecting everything is okay.
 
Hi

I have a bit of a predicament and several questions to ask.

I have a number AF29*** and applied single and submitted DS260 after finding out I won filing for AOS since I’m on H1B. My fiancé managed to come visit on a B1 and we got married two weeks ago and I unlocked DS260 this week to add him. So several issues have arisen from that and I need some advice before I lock again soon:-

  1. I adjusted my ds260 form and added him and his son from previous relationship who won’t be joining us which I indicated. However, I had said add applicant for the son and I notice my application now has both of them listed and saying “Accompany” appearing on my application. I was wondering if I leave the form under the son “incomplete or not touched and fill out hubby’s ds260 and resubmit and lock form. Wont that seem as if my application is incomplete and it won’t be reprocessed? It seem I can’t take off the son’s form so please advice.
2. I just realized my mom’s last name I used for our marriage certificate is not the one on my birth certificate. My mom had two last names at birth which she uses interchangeably (not appearing together) and I just found this out and am not sure what to do. I had used the name on my marriage certificate for the DS260. So am thinking maybe changing my birth certificate would be the way to go. Do you think any of this would be an issue?

3. Last and most important question. I am so torn on whether to continue AOS or to switch to CP for my form given I now added my husband and my selection number of 29***. Last week I also got a letter from KCC which started out "Thank you for informing us that you plan to apply for adjustment of status with U.S. Citizenship and Immigration” which I am assuming may be the 2NL? I just don’t wanna risk my hubby not getting a visa and am freaking out. Under FTJ, after I get my stuff at what point will he be able to apply? I do need solid advice on this given people who have applied in the past. I can’t also seem to adjust where it says USCIS for my form and wondering if I need special permission for changing to CP since they already acknowledge I’m doing AOS.

4.Also if I do AOS/FTJ, do I have to include any of my husband's documents?
Really would be happy with any advice I get.

1. Email KCC after resubmitting the DS-260 form and let them know the son will not be processing as a derivative.

2. List both names on your DS-260 form and any other form (as you proceed) which requires your mother's maiden name.

3. Yes, that is the 2NL for AOS. Your CN could possibly become current April - May. The processing for your spouse, in a FTJ scenario, will only begin after you have been approved. If changing to CP, you will need to email KCC to inform them of the change. That selection can not be changed by the selectee following the initial form submission.

4. Only your own documents, plus your marriage certificate of course, should be sent with the AOS package.
 
Hi,
My no is AS0005xxx and I am from Nepal and the cut off for Nepal started since October, what is the change of my no being current for 2016. as per last year data I thought my No will be current by April or May but now due to the Cut off, I am not sure.

Unfortunately, no one here can tell you precisely when your CN is likely to become current. But I do think the number will become current, just can't say when.
 
Hello Mom and Mr. Simon,
I’m a female PostDoc in California with CN 2016AS000070XX. My current visa (J1- NO 2-year rule) will expire in May 2016. As I was planning to go home for the Christmas holiday and thought I would not be able to re-enter the US, I have not submitted my DS-260. I realize I won’t be able to extend my J1 visa once I submit this form. Now my questions are:
1- Based on what I read here, my best option is the CP process (not taking the risk of becoming out of status), am I right?
2- Does my delay in filling the DS-260 form have a negative impact on my interview date at an embassy/consulate?
3- If I submit the form this week, when do you think I will have an interview?
Thank you so much,

Admission/re-admission into the US is always at the discretion of the CBP officer, regardless of whether one has signified an immigrant intent or not. They're are reports of people who have successfully traveled out and returned following the submission of their DS-260 form. Having said that, I have to admit I'm not quite sure what your question 1 is regarding being out of status. Questions 2 and 3 have been answered by Simon.
 
Hi everyone

We had our interview today at Indianapolis Field Office. We are little surprised currently. This is how it went:
Our interview was scheduled at 10:15 and 11 AM. We reached the FO at around 9:55 and was asked to wait in the waiting area. At around 10:30, a gentleman came and spelled both of our names. He took us to the office and asked us to raise our hands and sworn the oath. After that, he said to sit on the chair for the interview.

The officer was so kind and cool. Sometimes, he used to joke too. Firstly, he asked me about my studies. I am a medical doctor in Nepal, hence he asked about the medical system there. Then he went through my I485 form and double checked all my information. He checked all the documents we sent in AOS package. When he saw the marriage certificate, he asked for photos from marriage. We have printed them and took with us. We showed him our album and he was so interested to see the pictures.

Then he went through my husband's I485 form and repeated the same thing as mine. He asked my husband about his work. He also asked if we own a joint property. We told we own a mortgage. He didn't ask for any proofs though. He seems satisfied with the documents we have sent with package. He even didn't ask four our Birth Certificates or Marriage Certificates originals.

After reviewing our documents, he told that he is still expecting a file from KCC. He showed us an email from KCC that they mailed the file on Oct 28 but the office has not received yet. He told as soon as he gets file from KCC, he will enter into the system and we will get notification.

He asked if we have any further questions. My husband asked him how long does it take to get file from KCC. He told its usually 10 days. He told if we don't hear from within 30 days, we can call the 1800 number.

He printed the approval notice and gave each copy to us. We came home feeling so happy.

At around 3 PM, we received a text about update in our case. I looked into the mycasestatus and saw different things in my and my husband's case.
My case had "Continuation Notice was Mailed". My husband's case had "Request for Evidence".

We are little bit surprised. We already have approval notice with us and still what is going on with RFE? Is it defect in their system? or is it a real RFE?

Thanks for all who helped and prayed for our interview. Although now we are surprised for receiving such notification, we are expecting everything is okay.

Hard to tell whether the RFE is real, or there's a glitch in the system. It's however not unusual for an RFE to get issued, even after the approval notice has been handed out - it's possible for the IO to realize there's a document missing after leaving his office, hence the RFE. All you can do for now is to seat tight and wait for whatever it is they mailed out to show up in your mail box. In the time being, consider booking an advance INFOPASS appointment for 3-4 weeks' time, you never know if it will come in handy.
 
I realize it's too early and the interview letters will probably start to arrive in December or January, but I was wondering:

1. What would be considered "too long" to wait for an interview invitation after doing the bio? After how long it is recommended to take action and try to find out why there is no interview invitation?

2. What can be done if an interview letter doesn't arrive after that period of time? Few things I saw others do:

- call infopass for information
- schedule an appointment with infopass
- go to the congressperson's office for assistance

Is there anything else?

Thank you

1. Hard to define what "too long" is since the IL is FO dependent. Best way to gauge this is to look at the Timelines spreadsheets (both current and past years) to find out how long it took other applicants from your FO to get the interview notification letter.

2. Yes, for now.
 
Hard to tell whether the RFE is real, or there's a glitch in the system. It's however not unusual for an RFE to get issued, even after the approval notice has been handed out - it's possible for the IO to realize there's a document missing after leaving his office, hence the RFE. All you can do for now is to seat tight and wait for whatever it is they mailed out to show up in your mail box. In the time being, consider booking an advance INFOPASS appointment for 3-4 weeks' time, you never know if it will come in handy.
Thanks mom

I booked for Infopass appointment after 3 weeks. But this is so unexpected. Lets see what the RFE states.

Thanks
 
1. Email KCC after resubmitting the DS-260 form and let them know the son will not be processing as a derivative.

2. List both names on your DS-260 form and any other form (as you proceed) which requires your mother's maiden name.

3. Yes, that is the 2NL for AOS. Your CN could possibly become current April - May. The processing for your spouse, in a FTJ scenario, will only begin after you have been approved. If changing to CP, you will need to email KCC to inform them of the change. That selection can not be changed by the selectee following the initial form submission.

4. Only your own documents, plus your marriage certificate of course, should be sent with the AOS package.
For #3, would you advice me to continue on with AOS, coz that where I am leaning towards? i would be happy to hear your thoughts..How much longer after I become current would the whole processing be? Do i need to have green card in hand or just the approval notice for hubby's case to be scheduled.??
 
For #3, would you advice me to continue on with AOS, coz that where I am leaning towards? i would be happy to hear your thoughts..How much longer after I become current would the whole processing be? Do i need to have green card in hand or just the approval notice for hubby's case to be scheduled.??

The DV based AOS process can be rather stressful on it's own, especially if one doesn't have a low CN. Opting to process FTJ multiplies the stress level, it's not for the faint of heart. If I was in your shoes, I will opt to process CP, get everything done once and for all. Of course that's not not say going the AOS route with the FTJ option is not feasible in your case. I can't say precisely how long it might take for you to complete the process after your CN becomes current, interview date is FO dependent. You do not necessarily have to have the GC on hand before your spouse's process takes effect, you just need to be approved by your FO.

To get a better understanding of the AOS process, I suggest you go through the AOS spreadsheet. You should also pay very close attention to the Timelines tab as it has links to DV based AOS case timelines from 2011. The Timelines will give you an idea of how long it took other applicants from your FO to complete their AOS process.

AOS Spreadsheet link:
https://goo.gl/x7x3td

You can also search the forum for the following forum members to read about their FTJ experience:
@Fabrice, @Danil Netu

http://forums.immigration.com/threads/dv-2015-aos-only.7/page-162#post-2407786
 
Admission/re-admission into the US is always at the discretion of the CBP officer, regardless of whether one has signified an immigrant intent or not. They're are reports of people who have successfully traveled out and returned following the submission of their DS-260 form. Having said that, I have to admit I'm not quite sure what your question 1 is regarding being out of status. Questions 2 and 3 have been answered by Simon.

Thank you so much Mom and Mr. Simon for your help.
Regarding my Question 1, the university said I wouldn’t be able to extend my J1 visa if I submit DS-260 as this shows immigrant intent. So if I fill out the form and choose AOS, I will be out of status from May 2016 when my visa expires (since my CN won’t become current before that). Now, I would greatly appreciate your advice on these:

1-Do you think if I extend my visa for one more year, THEN fill out the form and choose AOS (let’s say in March) my interview date will be delayed?

2- Is there any specific amount of time I need to wait upon my return before submitting the form, or can I fill out and submit it right after I come back in early January?
 
Thank you so much Mom and Mr. Simon for your help.
Regarding my Question 1, the university said I wouldn’t be able to extend my J1 visa if I submit DS-260 as this shows immigrant intent. So if I fill out the form and choose AOS, I will be out of status from May 2016 when my visa expires (since my CN won’t become current before that). Now, I would greatly appreciate your advice on these:

1-Do you think if I extend my visa for one more year, THEN fill out the form and choose AOS (let’s say in March) my interview date will be delayed?

2- Is there any specific amount of time I need to wait upon my return before submitting the form, or can I fill out and submit it right after I come back in early January?

1. For AOS, DS-260 submission date has no bearing on the interview date. KCC does not schedule AOS interview, it's done by the relevant FO.

2. Since you're planning on applying for a new visa, there's the 30-60-90 days rule you should think. Well, technically speaking, it's not a rule, it's a guide IOs may use in adjudicating cases. It's basically a suggestion to not declare an immigrant intent within the first 30 days of entering the US on a NIV. One stands a good or better chance of not being accused of having a preconceived immigrant intent if they wait for 60 or 90 days after entering the US on a NIV before signifying an immigrant intent which is what submitting the DS-260 form is.
 
Hello, everyone:

I have a question regarding the application of PM-602-0088 regarding the possibility to file for AOS as soon as the visa number is published as available in a Visa Bulletin.

That is exactly my case now: I have all documents I need (including 2nd NL from DOS, I-693, receipt of payment for DV lottery fee) and would be so ready to file. From what I read in the very helpful spreadsheet it sounds like different field offices would choose to or apply this memorandum or not to. However, the document sates "Unless specifically exempted herein, this PM applies to and is binding on all U.S. Citizenship and Immigration Services (USCIS) employees".

So what's the deal? Would I really loose my 1,070 USD fee if they choose not to apply? How could I fund out whether they would or not, other than with an appointment with my field office (San Antonio, TX)? On the USCIS customer service line they say they cannot answer this question....

Thanks everyone :)



P
 
Hello, everyone:

I have a question regarding the application of PM-602-0088 regarding the possibility to file for AOS as soon as the visa number is published as available in a Visa Bulletin.

That is exactly my case now: I have all documents I need (including 2nd NL from DOS, I-693, receipt of payment for DV lottery fee) and would be so ready to file. From what I read in the very helpful spreadsheet it sounds like different field offices would choose to or apply this memorandum or not to. However, the document sates "Unless specifically exempted herein, this PM applies to and is binding on all U.S. Citizenship and Immigration Services (USCIS) employees".

So what's the deal? Would I really loose my 1,070 USD fee if they choose not to apply? How could I fund out whether they would or not, other than with an appointment with my field office (San Antonio, TX)? On the USCIS customer service line they say they cannot answer this question....

Thanks everyone :)



P

Well, the document also clearly states:

"This PM is intended solely for the guidance of USCIS personnel in the performance of their official duties. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law or by any individual or other party in removal proceedings, in litigation with the United States, or in any other form or manner."


You find out either when a denial notice is issued without an interview, or an interview letter is issued and you attend the interview following which the petition is denied due to early filing, or an interview letter is issued and you attend the interview following which the petition is approved.
 
Hi Mom I have few questions in I485,
1) I am applying for an adjustment to permanent resident status because: What to answer this
I am a F1 student who currently works under OPT, so for the question I94 Current USCIS status I asnwered F1-Student. In I94 Expiration status- I answered D/S (not the expiration date on I94 which is now they release in every month and it changes depend on the day we retrive the I94). Is thsi answeres are correct?
 
Hi Mom this question also related to the above question, I m the selectee and I think my husband who is a derivative also have to fill up the I485 is that so? and if it is what should my husband select for the question
1) I am applying for an adjustment to permanent resident status because: What to answer this
 
Hi Mom I have few questions in I485,
1) I am applying for an adjustment to permanent resident status because: What to answer this
I am a F1 student who currently works under OPT, so for the question I94 Current USCIS status I asnwered F1-Student. In I94 Expiration status- I answered D/S (not the expiration date on I94 which is now they release in every month and it changes depend on the day we retrive the I94). Is thsi answeres are correct?

Yes, your answers are correct.
 
Hi Mom this question also related to the above question, I m the selectee and I think my husband who is a derivative also have to fill up the I485 is that so? and if it is what should my husband select for the question
1) I am applying for an adjustment to permanent resident status because: What to answer this

If your husband is here in the US and wants to also adjust status, he of course has to submit an AOS package for himself also. If your husband is in the US based on your student visa status, then he has to indicate F2 for his status and D/S for expiry date.
 
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