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DV 2016 AOS Only

Sm1smom said:
Yes, you may politely reference the 2009 Memo at your next INFOPASS and ask them if it applies to you, no harm in trying. And like I said before, I don't even know for sure if there isn't a new memo in place that has since superseded that.

Of course since you only had your interview back in January, that's the pending date your FO is likely to count your waiting period from, regardless of when your bio took place. 5 months is still a lot of time for them to conclude the case and issue your GC.

While waiting, you can ask your congressman to follow up with your FO on your behalf, if you haven't done so already, keep doing monthly INFOPASS appointments if you can. You can also use the service of the ombudsman, not sure that's of any use to DV cases though because of the time constraints involved. Ombudsman info:

https://www.dhs.gov/case-assistance
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@Sm1smom
Hi Sm1smom, Mom, everyone.

Yeesterday I went to the infopass and I politely referenced the 2009 Memo and ask the officer if she could apply that in behalf of me, while it was passed more than 180 days of my fingerprints. Surprisingly, she responded me they have received the name check result ONE MONTH AGO! I say surprisingly, as before that, they have never told me anything about it. So I am so grateful by knowing this memo here. As she didn't tell me about the results, before showing her the printed memo.
After that, I asked her as I had my interview more than 100 days ago and as the officer said me in that inerview that the only defect document is my name check results, why he did not issue GC yet? And she answered me it is still under review. So I was wondering if you could help me by letting me know what can I do right now? I made an inquiry and received a response from USCIS in my mailbox, with same answer (under review).

It is worth mentioning I sent AOS package in September (current in October), I had my fingerprints in October, and my interview was in January; and nothing happened yet!

I really appreciate your help.
 
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mdb said:
@Sm1smom
Hi Sm1smom, Mom, everyone.

Yeesterday I went to the infopass and I politely referenced the 2009 Memo and ask the officer if she could apply that in behalf of me, while it was passed more than 180 days of my fingerprints. Surprisingly, she responded me they have received the name check result ONE MONTH AGO! I say surprisingly, as before that, they have never told me anything about it. So I am so grateful by knowing this memo here. As she didn't tell me about the results, before showing her the printed memo.
After that, I asked her as I had my interview more than 100 days ago and as the officer said me in that inerview that the only defect document is my name check results, why he did not issue GC yet? And she answered me it is still under review. So I was wondering if you could help me by letting me know what can I do right now? I made an inquiry and received a response from USCIS in my mailbox, with same answer (under review).

It is worth mentioning I sent AOS package in September (current in October), I had my fingerprints in October, and my interview was in January; and nothing happened yet!

I really appreciate your help.
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You can contact your congressman/woman and request for them to follow up on your case with your FO on your behalf.
 
Sm1smom said:
You can contact your congressman/woman and request for them to follow up on your case with your FO on your behalf.
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Thanks,
So why do yo think GC has not been issued yet? I mean why it is still pending, while name check results are ready?
Also, would you please let me know about ombudsmen? Do you think requesting it is a good idea at this position? What about hiring a lawyer?

Thanks a lot
 
mdb said:
Thanks,
So why do yo think GC has not been issued yet? I mean why it is still pending, while name check results are ready?
Also, would you please let me know about ombudsmen? Do you think requesting it is a good idea at this position? What about hiring a lawyer?

Thanks a lot
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It's pending possibly because the IO is busy dealing with other cases, it's pending because the IO hasn't looked at the case file again since your interview, it's pending because the IO isn't aware your background check has cleared, it's pending because the date the IO previously earmarked for himself to follow up and review your case hasn't arrived, it's pending because the IO has been away from the office and the case hasn't been reassigned. I don't know precisely why!

Yes you may contact the ombudsman's office. They however expect you to have exhausted all other options such as INFOPASS, congressional help, online case status enquiries, etc before contacting them.

You may hire a lawyer if you like, but it's a complete waste of time and resources IMHO, especially at this point in time.

What you can do, AFAIK, is to seek congressional assistance, and to continue with monthly personal follow ups through INFOPASS. This will force the case to either be brought back to the attention of the IO or to be reassigned if it's a case of the IO being away from the office.
 
Mom, I have a question about EAD. I received my EAD card early January but have not used it yet because my visa is still valid. Am I out of status because I have received the card?
 
NiwDV said:
Mom, I have a question about EAD. I received my EAD card early January but have not used it yet because my visa is still valid. Am I out of status because I have received the card?
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No, you're not out of your current status.
 
Hi,
I had submitted Form I-134 - Affidavit of Support and will go to interview next week. A bit nervous about documents asked though. In the spreadsheet, it showed that we should bring also the "copies of W-2 or 1099 and government ID of whoever is filing out form I-134 for you. "
May I ask will they also request tax return transcript? Thanks!
 
rrro123 said:
Hi,
I had submitted Form I-134 - Affidavit of Support and will go to interview next week. A bit nervous about documents asked though. In the spreadsheet, it showed that we should bring also the "copies of W-2 or 1099 and government ID of whoever is filing out form I-134 for you. "
May I ask will they also request tax return transcript? Thanks!
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They may, they may not. Get it if you can.
 
Mom, I have a question. I got GC already and I will leave country soon. When I come back, I just need my passport and GC right? Nothing else?
One more question is I still have my F1 visa on my passport since my IO didn't approve us on spot, he didn't do anything to visa that time. so I wonder if he supposed to do something for it.
Is this going to be any issue when I re-enter U.S. with GC?
 
asgcdgod said:
Mom, I have a question. I got GC already and I will leave country soon. When I come back, I just need my passport and GC right? Nothing else?
One more question is I still have my F1 visa on my passport since my IO didn't approve us on spot, he didn't do anything to visa that time. so I wonder if he supposed to do something for it.
Is this going to be any issue when I re-enter U.S. with GC?
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Simply present your GC and passport at the POE upon your return. Don't stress about the F1 visa, they most likely have canceled it in the system, you can't use it again (even if you want to ;) which I'm sure you don't).
 
Sm1smom said:
Simply present your GC and passport at the POE upon your return. Don't stress about the F1 visa, they most likely have canceled it in the system, you can't use it again (even if you want to ;) which I'm sure you don't).
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Thank you for quick reply! Yes Thank you so much, I don't want to use F1 anymore ;) haha Actually at the interview, IO took our all original I-20 even though I sent copy with I-485. Right now we don't need I-20, but I wonder if I will need it in the future. Do you think I should get them back? Do we need it? ( Like renew my GC, apply for the citizen etc...) If we don't need it anymore I just let them keep.
 
asgcdgod said:
Thank you for quick reply! Yes Thank you so much, I don't want to use F1 anymore ;) haha Actually at the interview, IO took our all original I-20 even though I sent copy with I-485. Right now we don't need I-20, but I wonder if I will need it in the future. Do you think I should get them back? Do we need it? ( Like renew my GC, apply for the citizen etc...) If we don't need it anymore I just let them keep.
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No, you no longer need them and USCIS will not send them back either. And yes, it would have been nice for you to have copies of those for your personal records.
 
Sm1smom said:
Give it a couple of days and call again.
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Hi Mom,
As you said I called KCC again several days later. This time she said that we sent the files once a month and it usually takes 12 weeks to send it to FO!!! I have scheduled another INFOPASS next week. Is there anything else than I can do? I got current in October but my process in not complete yet and I'm getting nervous!
 
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Amiru said:
Hi Mom,
As you said I called KCC again several days later. This time she said that we sent the files once a month and it usually takes 12 weeks to send it to FO!!! I have scheduled another INFOPASS next week. Is there anything else than I can do? I got current in October but my process in not complete yet and I'm getting nervous!
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I called KCC for my case few days ago and I was told that my FO asked for the file on April 15 and they sent it on April 18. The woman at the phone told me that they send the file by email and not with a physical mail. I wonder why they told this to you! Mom do you know if they really send the file by email or what?
 
Amiru said:
Hi Mom,
As you said I called KCC again several days later. This time she said that we sent the files once a month and it usually takes 12 weeks to send it to FO!!! I have scheduled another INFOPASS next week. Is there anything else than I can do? I got current in October but my process in not complete yet and I'm getting nervous!
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That is complete BS.
 
Amiru said:
Hi Mom,
As you said I called KCC again several days later. This time she said that we sent the files once a month and it usually takes 12 weeks to send it to FO!!! I have scheduled another INFOPASS next week. Is there anything else than I can do? I got current in October but my process in not complete yet and I'm getting nervous!
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The person you spoke with was either messing with you and trying to get you off the phone or has no idea with regards to the process. Another INFOPASS wouldn't hurt indeed. You can also request your congressman/woman to follow up with your FO. I don't know why KCC has been giving you conflicting/inaccurate information.
 
KentConcept said:
I called KCC for my case few days ago and I was told that my FO asked for the file on April 15 and they sent it on April 18. The woman at the phone told me that they send the file by email and not with a physical mail. I wonder why they told this to you! Mom do you know if they really send the file by email or what?
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I believe it's now sent electronically.
 
Hi my friends!
I received my approval notice for the i485! (a week after my interview).
Mom, Simon, and all, i want to THANK YOU all for the support to each other throughout the entire process.
Good luck to all!
Cheers
 
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