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DV 2016 AOS Only

tallman_ay said:
Thank you for being helpful for us
Today april 28th I got my letter for the interview which was set three weeks from today ( May 18th) . before asking my question I have these set of information 1) I called kentucky counselor and they told me my file was requested on april 18th and sent on april 21st. 2) I did my bio metric on march 30th 3) the letter is asking to bring arrest records
My questions are :
first were to get the arrest record
secon I had really stupid case in the court when my crazy neighbor accused me for stealing his bic tire, yes a bic tire. He had personal issues with me but offcours the case was dismissed and I have never been arrested
third question does the intreview letter means I passed the security check or they need the arrest record? is it the usual way if there is a missing paper to be asked by the mail? BTW I sent a certified copy of my court record which shows the case was dismissed
thanks in advance
Click to expand...

You need to get a copy of the police report for this case if you haven't already, it should support your claim of no arrest regarding your case.

Get another certified copy of the court records and have it on hand, just in case they request for it again at the interview.

And no, nothing regarding the IL or what it says to bring is any indication of having cleared the background check. It's possible to be invited for an interview while the background check is still pending. You'll find out one way or the other on May 18th.
 
Hi Mom, I did my interview +2 weeks ago and have not heard back yet from USCIS. Now, since I am approaching my visa expiration date (just few weeks), I am considering submitting another I-485 based on my approved NIW. I have two questions regarding this;
1- Do I have to have a non-immigrant status to be able to file I-485? Or I can apply even if I am on pending status of another I-485? I am considering giving more time to my current DV lottery based application than my visa expiration date, but I will be on pending status by that time.
2- Can I have two I-485 applications simultaneously? And is there any negative points?

I am trying to be patient but meanwhile I want to keep other opportunities alive.
 
Hi there,
I got unlucky enough that the USCIS "lost" my KCC file. This is what happened:
11/16/2015 - USCIS received i485 (Visa Number current in October).
12/29/2015 - Biometric Data Appointment.
02/19/2016 - Infopass 1 -I was told that the KCC file was received by the FO, everything is fine, and I should get an IL soon.
03/07-11/2016 - Chula Vista and San Diego FOs are combined in one big FO San Diego.
03/17/2016 - I call KCC and am told that my package was sent to San Diego FO on 01/27/2016 (just making sure before the next infopass).
03/18/2016 - Infopass 2 - I am told that my FBI check passed, that my file is in the stack of files to be scheduled for interview, and that they have everything they need to schedule an interview. However, all interviews are scheduled for April and I should expect to get scheduled for my interview in May.
04/14/2016 - Infopass 3 - I am told that they located my file with an officer, but the assigned officer is not there yet (my appointment was at 8am) and that she would check back and call me later. The officer I talked to indeed called me back the same day and told me that they were still waiting for a document from the DoS and I should wait. I told her that the package was sent in January. So she said that they're probably waiting for a visa number. I told her the the visa number was current in October, and she told me that the person assigned to my case knows how the process works and I should be patient.... so I made a new Infopass appointment ASAP. I also emailed KCC to get a written note that they sent my package on 01/27/2016, which I received on 04/15/2016.
04/29/2016 - Infopass 4 - My appointment was at 10:35am, so that everybody hopefully is at work. However, the assigned officer is not working on Fridays, but as I'm not leaving before they double check my file, they find out that my file is missing the KCC package!!! And nobody can locate my KCC file. Thank god I showed them the email from KCC, otherwise they would have told me again to go wait for... ever? So the very nice officer I'm talking to is going to check on it next Tuesday (because she's not working on Mondays...) and will try to locate the file. Nevertheless, all interviews are scheduled for May and June, and I can hope for an interview in July the earliest (if they can find my file within the next week). She made a note on my file that i have to be called back until next Friday 05/06/2016. I'll try to make a new Infpass appointment ASAP for the next available Tuesday-Thursday. They don't seem to work on Mondays or Fridays.
Honestly, this sucks...
Does anybody have an idea what else I could do? Should I wait until next Friday and then contact a congressman? I saw that I can contact the ombudsman on May 15, as this is 60 days longer than the i485 processing time stated for San Diego FO. Well, if they don't change the stated processing time when they update in 2 weeks. I think it takes them way longer than the 4 months that it says right now. Before they pooled the San Diego and Chula Vista FOs it was 5 months for San Diego FO and 8 months for Chula Vista FO.
Thanks all for your help!
 
Sm1smom said:
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.
Click to expand...
@Sm1smom
Dear Mom,

I am asking my repetitive question. Please do not get angry. I know you have answered my question already. But I am so much frustrated , not knowing what should I do at this position.

As you might remember, I had a fingerprint on October 15 (6.5 month ago) and although I had an interview 4 month ago, my case is still pending as the required name check remains pending. You suggested me to take an Infopass and I took more than 5 and I have received NOTHING. I called my congressman, but again he said me he cannot do anything to expedite security check. I found the same answer in the ombudsman page too. Also, I made an inquiry, and two days ago I received the response, with same answer.

Please help me. How can I ask someone to help me. My case is DV, and time sensitive. I do not know how can I ask someone to help me.

At my last Infopass, I showed the two latest memos and policies (2008 $ 2009), and asked officer to help me, regarding nowadays, it passed more than 180 days, but he told me those ones are outdated. So, would you please let me know how can I get access to the updated memo or policy? Although I tried to find it online, I could not.

Please help me. I don't know how should I ask them to expedite it, regarding that we are heading to the deadline and I am losing the time. I do not want to miss this chance. Please help me what should I do. I know that USCIS is the only one that can make an expedite request. But I rejected my appeal. I supposed it might be possible for them to ask the headquarter to issue my case (based on memo 2009), but again they told me without name check results, they cannot do anything.

Great Thanks
 
Last edited:
mdb said:
@Sm1smom
Dear Mom,

I am asking my repetitive question. Please do not get angry. I know you have answered my question already. But I am so much frustrated , not knowing what should I do at this position.

As you might remember, I had a fingerprint on October 15 (6.5 month ago) and although I had an interview 4 month ago, my case is still pending as the required name check remains pending. You suggested me to take an Infopass and I took more than 5 and I have received NOTHING. I called my congressman, but again he said me he cannot do anything to expedite security check. I found the same answer in the ombudsman page too. Also, I made an inquiry, and two days ago I received the response, with same answer.

Please help me. How can I ask someone to help me. My case is DV, and time sensitive. I do not know how can I ask someone to help me.

At my last Infopass, I showed the two latest memos and policies (2008 $ 2009), and asked officer to help me, regarding nowadays, it passed more than 180 days, but he told me those ones are outdated. So, would you please let me know how can I get access to the updated memo or policy? Although I tried to find it online, I could not.

Please help me. I don't know how should I ask them to expedite it, regarding that we are heading to the deadline and I am losing the time. I do not want to miss this chance. Please help me what should I do. I know that USCIS is the only one that can make an expedite request. But I rejected my appeal. I supposed it might be possible for them to ask the headquarter to issue my case (based on memo 2009), but again they told me without name check results, they cannot do anything.

Great Thanks
Click to expand...


I think you need to accept that your case will take some more time. You have 5 full months left - I don't see why you are in such a panic. Yes it sucks that you have waited so long - but really - just think about something else for the time being.
 
mdb said:
@Sm1smom
Dear Mom,

I am asking my repetitive question. Please do not get angry. I know you have answered my question already. But I am so much frustrated , not knowing what should I do at this position.

As you might remember, I had a fingerprint on October 15 (6.5 month ago) and although I had an interview 4 month ago, my case is still pending as the required name check remains pending. You suggested me to take an Infopass and I took more than 5 and I have received NOTHING. I called my congressman, but again he said me he cannot do anything to expedite security check. I found the same answer in the ombudsman page too. Also, I made an inquiry, and two days ago I received the response, with same answer.

Please help me. How can I ask someone to help me. My case is DV, and time sensitive. I do not know how can I ask someone to help me.

At my last Infopass, I showed the two latest memos and policies (2008 $ 2009), and asked officer to help me, regarding nowadays, it passed more than 180 days, but he told me those ones are outdated. So, would you please let me know how can I get access to the updated memo or policy? Although I tried to find it online, I could not.

Please help me. I don't know how should I ask them to expedite it, regarding that we are heading to the deadline and I am losing the time. I do not want to miss this chance. Please help me what should I do. I know that USCIS is the only one that can make an expedite request. But I rejected my appeal. I supposed it might be possible for them to ask the headquarter to issue my case (based on memo 2009), but again they told me without name check results, they cannot do anything.

Great Thanks
Click to expand...
I think Brtsimon is right. You have full 5 months, and you may receive the CPO any second and each day can be the last day of your stresses. I have similar situation as yours, have done my IV and am waiting. I have a lot of job and financial decisions and also family problems which all are pending for my GC.

In the previous infopass, you were told that your background check was finished 1 month ago, and so you should not be worried about it anymore. Now, give yourself some time and do something relaxing and start again; Infopass, service request, congresman and etc.

But keep in mind that your background check is already done, based on your previous Infopass, and you should ask for expediting the review process instead of background check.

Wish the best for you and all of us.
 
NiwDV said:
I think Brtsimon is right. You have full 5 months, and you may receive the CPO any second and each day can be the last day of your stresses. I have similar situation as yours, have done my IV and am waiting. I have a lot of job and financial decisions and also family problems which all are pending for my GC.

In the previous infopass, you were told that your background check was finished 1 month ago, and so you should not be worried about it anymore. Now, give yourself some time and do something relaxing and start again; Infopass, service request, congresman and etc.

But keep in mind that your background check is already done, based on your previous Infopass, and you should ask for expediting the review process instead of background check.

Wish the best for you and all of us.
Click to expand...
Thanks a lot for your understanding.

As you said correctly, in 2 last infopass, I heard the BC results have been passed 1 month ago, but in my last one, again I heard it is pending!

So I was wondering if anyone could help me by letting me know with latest update of memo and policy, in which has been spoken about delays more than 180 days in BC.

Greate Thanks.
 
NiwDV said:
Hi Mom, I did my interview +2 weeks ago and have not heard back yet from USCIS. Now, since I am approaching my visa expiration date (just few weeks), I am considering submitting another I-485 based on my approved NIW. I have two questions regarding this;
1- Do I have to have a non-immigrant status to be able to file I-485? Or I can apply even if I am on pending status of another I-485? I am considering giving more time to my current DV lottery based application than my visa expiration date, but I will be on pending status by that time.
2- Can I have two I-485 applications simultaneously? And is there any negative points?

I am trying to be patient but meanwhile I want to keep other opportunities alive.
Click to expand...

Honestly speaking, I don't like commenting or advising on anything none DV simply because I'm not an immigration attorney. Having said that:

1. Ideally, AFAIK, it's better to be in a valid status prior to applying for AOS, however since a pending status is considered to be a valid status, that may not be a problem. You might want to speak with a very knowledgeable immigration attorney on this.

2. Yes, the law allows for one to have 2 AOS petitions filed simultaneously. Downside? Decision making may be delayed as they try to hunt down the status of the 2nd petition when trying to decide on the first one. Again, speak with a knowledgeable immigration attorney.
 
EW84 said:
Hi there,
I got unlucky enough that the USCIS "lost" my KCC file. This is what happened:
11/16/2015 - USCIS received i485 (Visa Number current in October).
12/29/2015 - Biometric Data Appointment.
02/19/2016 - Infopass 1 -I was told that the KCC file was received by the FO, everything is fine, and I should get an IL soon.
03/07-11/2016 - Chula Vista and San Diego FOs are combined in one big FO San Diego.
03/17/2016 - I call KCC and am told that my package was sent to San Diego FO on 01/27/2016 (just making sure before the next infopass).
03/18/2016 - Infopass 2 - I am told that my FBI check passed, that my file is in the stack of files to be scheduled for interview, and that they have everything they need to schedule an interview. However, all interviews are scheduled for April and I should expect to get scheduled for my interview in May.
04/14/2016 - Infopass 3 - I am told that they located my file with an officer, but the assigned officer is not there yet (my appointment was at 8am) and that she would check back and call me later. The officer I talked to indeed called me back the same day and told me that they were still waiting for a document from the DoS and I should wait. I told her that the package was sent in January. So she said that they're probably waiting for a visa number. I told her the the visa number was current in October, and she told me that the person assigned to my case knows how the process works and I should be patient.... so I made a new Infopass appointment ASAP. I also emailed KCC to get a written note that they sent my package on 01/27/2016, which I received on 04/15/2016.
04/29/2016 - Infopass 4 - My appointment was at 10:35am, so that everybody hopefully is at work. However, the assigned officer is not working on Fridays, but as I'm not leaving before they double check my file, they find out that my file is missing the KCC package!!! And nobody can locate my KCC file. Thank god I showed them the email from KCC, otherwise they would have told me again to go wait for... ever? So the very nice officer I'm talking to is going to check on it next Tuesday (because she's not working on Mondays...) and will try to locate the file. Nevertheless, all interviews are scheduled for May and June, and I can hope for an interview in July the earliest (if they can find my file within the next week). She made a note on my file that i have to be called back until next Friday 05/06/2016. I'll try to make a new Infpass appointment ASAP for the next available Tuesday-Thursday. They don't seem to work on Mondays or Fridays.
Honestly, this sucks...
Does anybody have an idea what else I could do? Should I wait until next Friday and then contact a congressman? I saw that I can contact the ombudsman on May 15, as this is 60 days longer than the i485 processing time stated for San Diego FO. Well, if they don't change the stated processing time when they update in 2 weeks. I think it takes them way longer than the 4 months that it says right now. Before they pooled the San Diego and Chula Vista FOs it was 5 months for San Diego FO and 8 months for Chula Vista FO.
Thanks all for your help!
Click to expand...

Sorry to learn of how your AOS process has gone so far, definitely nor encouraging. I'm impressed though to read of how proactive you've been regarding your case!

I suggest you wait for the call as promised. If that call doesn't come through, or doesn't sound encouraging, escalate things by contacting your congress person for assistance. You contact the ombudsman depending on the outcome of the congressional inquiry.
 
mdb said:
@Sm1smom
Dear Mom,

I am asking my repetitive question. Please do not get angry. I know you have answered my question already. But I am so much frustrated , not knowing what should I do at this position.

As you might remember, I had a fingerprint on October 15 (6.5 month ago) and although I had an interview 4 month ago, my case is still pending as the required name check remains pending. You suggested me to take an Infopass and I took more than 5 and I have received NOTHING. I called my congressman, but again he said me he cannot do anything to expedite security check. I found the same answer in the ombudsman page too. Also, I made an inquiry, and two days ago I received the response, with same answer.

Please help me. How can I ask someone to help me. My case is DV, and time sensitive. I do not know how can I ask someone to help me.

At my last Infopass, I showed the two latest memos and policies (2008 $ 2009), and asked officer to help me, regarding nowadays, it passed more than 180 days, but he told me those ones are outdated. So, would you please let me know how can I get access to the updated memo or policy? Although I tried to find it online, I could not.

Please help me. I don't know how should I ask them to expedite it, regarding that we are heading to the deadline and I am losing the time. I do not want to miss this chance. Please help me what should I do. I know that USCIS is the only one that can make an expedite request. But I rejected my appeal. I supposed it might be possible for them to ask the headquarter to issue my case (based on memo 2009), but again they told me without name check results, they cannot do anything.

Great Thanks
Click to expand...

I'm not angry and I do understand your frustrations (similar to the frustration I experience trying to answer the same question over and over again).

I'm not withholding pertinent information from you, I've already told you what I know of regarding your case. Your case is clearly delayed due to pending background checks, that's not something they take lightly especially now with all the security concerns world wide.

No government official will risk their job for this, AFAIK, there's no arbitrary approval based on a case pending 180 days or more. What they told you at your last INFOPASS about their inability to approve your case without the background check is the truth. As a matter of fact, there are people whose background checks ar currently pending years, admittedly those cases are not time limited like a DV case, still those cases not be expedited or approved and the applicants are equally living in a limbo.

You may contact USCIS by phone and request for a Level 2 officer to send in an expedite request to your FO for them to decide your case (of course without mentioning those obsolete 2008/9 memos). Of course there's no guarantee the L2 officer will agree to send in the request or that your FO will act on it if it gets sent.

If it's any consolation, be grateful you opted to process AOS as against CP, you would have been stuck outside all these while if you had gone for CP.

You just need to continue to exercise some patience, there's still enough time left to complete your AP.
 
It's also unfortunately confirmation that the 2008 memo etc about 180 days actually doesn't mean anything and people won't get a green card conditional on background checks, contrary to what others have posted here before, something to keep in mind when others get their hopes up falsely about this issue.
 
Mom,

is it possible to submit the AOS package without an IRS transcript - we only have our Turbotax returns. The transcripts are still being sent to our old address. We have requested a change, but this could take some time and we would like to get our package in ASAP. We should have it by the time of the interview. Do you think it will be a problem?

Thanks
 
SusieQQQ said:
It's also unfortunately confirmation that the 2008 memo etc about 180 days actually doesn't mean anything and people won't get a green card conditional on background checks, contrary to what others have posted here before, something to keep in mind when others get their hopes up falsely about this issue.
Click to expand...

Exactly! It's one of the reasons I get so frustrated year after year when a newbie comes waving the information in that memo like they just discovered the holy grail which the rest of us failed to know about with all of our experience.

I went to great lengths both last year and the year before, when people started getting excited about that possibility, explaining how irrelevant those memos have become in today's heightened security risks the world is currently being subjected to.
 
KcR03 said:
Mom,

is it possible to submit the AOS package without an IRS transcript - we only have our Turbotax returns. The transcripts are still being sent to our old address. We have requested a change, but this could take some time and we would like to get our package in ASAP. We should have it by the time of the interview. Do you think it will be a problem?

Thanks
Click to expand...

Yes, you can send the AOS package without the IRS transcripts. Just be sure to confirm, if you can from the Timeline spreadsheets, if your FO is one of those who approve cases without an interview. If they do, sending the package without the transcript may delay your case.
 
Sm1smom said:
Yes, you can send the AOS package without the IRS transcripts. Just be sure to confirm, if you can from the Timeline spreadsheets, if your FO is one of those who approve cases without an interview. If they do, sending the package without the transcript may delay your case.
Click to expand...

Thank you - it does not seem that we are; however, our FO does seem like a slower FO so that it why I am trying to get the package out ASAP. I will try and see if I cannot get it faxed from the IRS this week just to make sure.
 
Sm1smom said:
Honestly speaking, I don't like commenting or advising on anything none DV simply because I'm not an immigration attorney. Having said that:

1. Ideally, AFAIK, it's better to be in a valid status prior to applying for AOS, however since a pending status is considered to be a valid status, that may not be a problem. You might want to speak with a very knowledgeable immigration attorney on this.

2. Yes, the law allows for one to have 2 AOS petitions filed simultaneously. Downside? Decision making may be delayed as they try to hunt down the status of the 2nd petition when trying to decide on the first one. Again, speak with a knowledgeable immigration attorney.
Click to expand...
Thank you Mom. How can I find a good attorney? Do you know anyone?
 
Mom,

I am an F1 student on a stipend of about $25,000 and my husband is on an H1B making enough money to support me. Is if necessary for him to do form I-134 since I am the primary applicant and he is my derivative?

Thank you
 
NiwDV said:
Thank you Mom. How can I find a good attorney? Do you know anyone?
Click to expand...

Don't you already have one you're working with?

NiwDV said:
Hi friends. Here you hear a funny story. I was planning to get my G card with NIW. I paid the whole contract to my lawyer and we submitted my petition around May 1st. Excitingly, yesterday I got an email from the lawyer that my NIW petition is approved!
Click to expand...

Anyway, I can't personally recommend but you could start your search here:

http://www.alllaw.com/articles/nolo/us-immigration/how-find-an-excellent-lawyer.html
 
KcR03 said:
Mom,

I am an F1 student on a stipend of about $25,000 and my husband is on an H1B making enough money to support me. Is if necessary for him to do form I-134 since I am the primary applicant and he is my derivative?

Thank you
Click to expand...

Shouldn't be necessary. Just make sure to include all of his financial/work records with the package you guys are sending
 
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