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DV 2017 AOS Only

Hello!
Finally we got our interview letter ( interview scheduled for August 1st) after waiting for 4 month and a half since we submitted the Biometrics, FO -Chicago IL.
Me and my boyfriend got married right after I won the lottery , we were both on F-1 student visas. We were together for 3 years at that point.
Since we didn't know about this forum then , we got a lawyer who helped us gather documents.
At this point we need to decide if we need our lawyer to be with us at the interview. We are not sure and that's why asking for advice.
We got proof that we were together long before winning the DV lottery . We both have lots of CPT's, I was on OPT, now switched to an O-1 visa and we are in the States for 6 years now.
Do you think coming at the interview with a lawyer will help us or just the contrary? I am afraid if they see him they might be suspicious, a red flag.
Our case is pretty straight-forward and I don't know if the lawyer can help us with anything by being there. Can the IO ask tricky questions about our marriage or work permits?
Thank you so much!
 
colibri said:
Hello!
Finally we got our interview letter ( interview scheduled for August 1st) after waiting for 4 month and a half since we submitted the Biometrics, FO -Chicago IL.
Me and my boyfriend got married right after I won the lottery , we were both on F-1 student visas. We were together for 3 years at that point.
Since we didn't know about this forum then , we got a lawyer who helped us gather documents.
At this point we need to decide if we need our lawyer to be with us at the interview. We are not sure and that's why asking for advice.
We got proof that we were together long before winning the DV lottery . We both have lots of CPT's, I was on OPT, now switched to an O-1 visa and we are in the States for 6 years now.
Do you think coming at the interview with a lawyer will help us or just the contrary? I am afraid if they see him they might be suspicious, a red flag.
Our case is pretty straight-forward and I don't know if the lawyer can help us with anything by being there. Can the IO ask tricky questions about our marriage or work permits?
Thank you so much!
Click to expand...

USCIS does not ask "tricky questions" AFAIK - they however can ask about anything and everything they consider pertinent to your case. They will ask you straightforward questions. If you've got nothing to hide, truthfully filled out yourmforms, and you truthfully answer the questions they ask in person, there's no reason to be apprehensive IMO.

If you need to make some additional payment to your lawyer in order for them to accompany you to your interview, I don't see a reason for that based on what you've shared so far. If the fee already paid covers this, then you decide if you want them there - I can't tell you what to do in this case. But bear in mind having a lawyer present isn't going to cower or stop USCIS from probing and digging for information they consider pertinent to your case.
 
Hello Mom,

So unfortunately, it seems like my green card was lost in shipment. USPS is currently investigating my case and searching for the mail. If USPS cannot retrieve my mail, what is the process in replacing the green card? Also will I need to get the replacement card before 9/30/2017 deadline for DV applicants? I already received the official letter I797 approval notice.

This just really upsets me. I came this far just for USPS to lose my mail ughhh!!!! Please advise.
 
angel_A said:
Hello Mom,

So unfortunately, it seems like my green card was lost in shipment. USPS is currently investigating my case and searching for the mail. If USPS cannot retrieve my mail, what is the process in replacing the green card? Also will I need to get the replacement card before 9/30/2017 deadline for DV applicants? I already received the official letter I797 approval notice.

This just really upsets me. I came this far just for USPS to lose my mail ughhh!!!! Please advise.
Click to expand...

I'm sorry to learn of your missing GC. Where was it addressed to - your old or new mailing address?

If USPS is unable to resolve and locate the GC, you will have to file an I-90 for a replacement GC and pay the required fee which unfortunately is $540. I suggest you reach out to @Grateful516 - she was in a similar situation a short while ago, fortunately for her though, USPS was able to eventually locate and deliver the GC to her.

There's no expectation for you to get the replacement GC by 9/30 - as a matter of fact, that would be completely impossible. Replacement GC could take 6 to 9 months! The important thing is you're already approved. You can take the approval letter to your local FO to get a temporary GC - I-551 stamp on your passport if you like.
 
Sm1smom said:
I'm sorry to learn of your missing GC. Where was it addressed to - your old or new mailing address?

If USPS is unable to resolve and locate the GC, you will have to file an I-90 for a replacement GC and pay the required fee which unfortunately is $540. I suggest you reach out to @Grateful516 - she was in a similar situation a short while ago, fortunately for her though, USPS was able to eventually locate and deliver the GC to her.

There's no expectation for you to get the replacement GC by 9/30 - as a matter of fact, that would be completely impossible. Replacement GC could take 6 to 9 months! The important thing is you're already approved. You can take the approval letter to your local FO to get a temporary GC - I-551 stamp on your passport if you like.
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Thanks for the response. It was mailed to my new address. WOW that fee is pretty steep and the time period of 6-9 months is long. Ugh!!! I will reach out to @Grateful516 and get her advice. Fingers crossed they find it!

Thanks Again!
 
Hello Mom, Simon and all!

I am currently preparing for my interview, and I am concerned about the 30-60-90 day rule. I got married after being selected in the lottery and then my wife joined me in the US as my dependent (non-immigrant visa). We submitted our DS-260 approx. 3 weeks after her arrival, which was approx. 2.5 months after my arrival back.

Initially, I didn't want to apply for AOS because I was about to get married, was on CPT (for internship), and, for some reason, thought that it may affect my EAD (CPT)/F1 status. Later, after getting married, I thought I am no longer eligible for AOS because of my changed status (single to married) and also because I was already late in submitting DS-260. However, through this forum, I came to know that we could still submit DS-260 even after 4-5 months from the date of lottery results. It was then I decided to prepare for AOS, and therefore submitted our DS-260 and started to prepare other documents as well.

Given this, do you think I should be worried about the 30-60-90 day rule, especially for my wife? Clearly, our decision to go for AOS was made after her arrival in the US. However, I am not sure if the IO will be convinced of the same. Please advise.

Thanks a bunch.
 
deeprai said:
Hello Mom, Simon and all!

I am currently preparing for my interview, and I am concerned about the 30-60-90 day rule. I got married after being selected in the lottery and then my wife joined me in the US as my dependent (non-immigrant visa). We submitted our DS-260 approx. 3 weeks after her arrival, which was approx. 2.5 months after my arrival back.

Initially, I didn't want to apply for AOS because I was about to get married, was on CPT (for internship), and, for some reason, thought that it may affect my EAD (CPT)/F1 status. Later, after getting married, I thought I am no longer eligible for AOS because of my changed status (single to married) and also because I was already late in submitting DS-260. However, through this forum, I came to know that we could still submit DS-260 even after 4-5 months from the date of lottery results. It was then I decided to prepare for AOS, and therefore submitted our DS-260 and started to prepare other documents as well.

Given this, do you think I should be worried about the 30-60-90 day rule, especially for my wife? Clearly, our decision to go for AOS was made after her arrival in the US. However, I am not sure if the IO will be convinced of the same. Please advise.

Thanks a bunch.
Click to expand...

USCIS may have an issue with the fact that your wife wasn't already based in the US when she found out about her selection, following which she entered the US on a NIV and then declared what could be termed a preconceived intent of processing AOS. A legitimate question you could be asked is how come she didn't submit the DS260 form with CP selected prior to coming into the US.

Anyway, nothing you can do about it now, not even worrying and stressing as neither of those is a solution. All you can do now is prepare as best as you can, calmly and truthfully explain/answer all questions asked. Be prepared to be grilled over your marriage - take all pertinent evidence of a bonafide marriage along to your interview.
 
Sm1smom said:
USCIS may have an issue with the fact that your wife wasn't already based in the US when she found out about her selection, following which she entered the US on a NIV and then declared what could be termed a preconceived intent of processing AOS. A legitimate question you could be asked is how come she didn't submit the DS260 form with CP selected prior to coming into the US.

Anyway, nothing you can do about it now, not even worrying and stressing as neither of those is a solution. All you can do now is prepare as best as you can, calmly and truthfully explain/answer all questions asked. Be prepared to be grilled over your marriage - take all pertinent evidence of a bonafide marriage along to your interview.
Click to expand...

Thanks for the prompt response. We will prepare fully and take all pertinent evidences.

I pray that it never happens to anyone, including myself, but what will the consequence if the person on F1 gets approved and the one on F2 gets rejected? Does the one on F2 need to immediately leave the US or is there any other procedure?
 
deeprai said:
Thanks for the prompt response. We will prepare fully and take all pertinent evidences.

I pray that it never happens to anyone, including myself, but what will the consequence if the person on F1 gets approved and the one on F2 gets rejected? Does the one on F2 need to immediately leave the US or is there any other procedure?
Click to expand...

You cannot be approved while your wife gets denied. Since your wife is the DV selectee, regardless of her being your derivative as a none immigrant, she must be approved first before you can be approved. A denial for her means a denial for you also, and you both revert back to your F1/F2 status assuming neither of you has used an AOS based EAD and/or AP card.
 
Sm1smom said:
You cannot be approved while your wife gets denied. Since your wife is the DV selectee, regardless of her being your derivative as a none immigrant, she must be approved first before you can be approved. A denial for her means a denial for you also, and you both revert back to your F1/F2 status assuming neither of you has used an AOS based EAD and/or AP card.
Click to expand...

Seems like I didn't make myself clear in my earlier post: I am on F1 visa, and I am the PA for AOS. After DV selection, I didn't immediately submit DS-260 thinking that it will affect my CPT (EAD for F1) status. So, I simply decided to stay on F1, and in the meantime, I traveled back and got married (we had planned for this marriage 6 months earlier). At this time, we thought that we don't have any chance for AOS because we didn't submit DS-260 in time (the DV selectee letter said submit DS-260 ASAP and we were already 3 months late). Only after my wife joined me on F2 did I realize, thanks to this forum, that it wasn't too late for us to submit DS-260. Therefore, after about 3 weeks of my wife's arrival (2.5 months after my arrival from marriage), we submitted DS-260.

With this clarification, could you please answer my both posts again? Many thanks!
 
deeprai said:
Seems like I didn't make myself clear in my earlier post: I am on F1 visa, and I am the PA for AOS. After DV selection, I didn't immediately submit DS-260 thinking that it will affect my CPT (EAD for F1) status. So, I simply decided to stay on F1, and in the meantime, I traveled back and got married (we had planned for this marriage 6 months earlier). At this time, we thought that we don't have any chance for AOS because we didn't submit DS-260 in time (the DV selectee letter said submit DS-260 ASAP and we were already 3 months late). Only after my wife joined me on F2 did I realize, thanks to this forum, that it wasn't too late for us to submit DS-260. Therefore, after about 3 weeks of my wife's arrival (2.5 months after my arrival from marriage), we submitted DS-260.

With this clarification, could you please answer my both posts again? Many thanks!
Click to expand...

Ma bad - I was mixing up your case with another selectee's.

My previous responses are still applicable with the exception of what happens if the main selectee gets approved and the derivative is denied because the derivative entered the US with what is arguably a preconceived intent of filing AOS - since your DS 260 form was submitted 3 weeks after her admission, this argument is still applicable.

If you're approved and she's denied, she no longer has a valid status to fall back on since you're no longer on F1. She will need to depart and stay out while you file to sponsor her as your spouse.
 
Sm1smom said:
Ma bad - I was mixing up your case with another selectee's.

My previous responses are still applicable with the exception of what happens if the main selectee gets approved and the derivative is denied because the derivative entered the US with what is arguably a preconceived intent of filing AOS - since your DS 260 form was submitted 3 weeks after her admission, this argument is still applicable.

If you're approved and she's denied, she no longer has a valid status to fall back on since you're no longer on F1. She will need to depart and stay out while you file to sponsor her as your spouse.
Click to expand...

Makes sense. Thanks. I will let you know how the interview goes.
 
Wow what a day. Went to another INFOPASS this morning (in Austin) to check if my background check had been cleared by the FBI. My officer told me not yet which was kind of disappointing but expected.

5 hours later I get a call from my FO (in San Antonio) telling me that my case is ready for a final review by the field officer. They remembered that I had an overseas trip booked for Friday, June 21 and told me that I should be able to come to San Antonio tomorrow to get my passport stamped so I could make my overseas trip. This was all great news and then 20 mins later I get a text saying my case has been updated. I log onto USCIS and it says my new card is being produced and that it will be sent to my address! So I guess no interview for me so I'm feeling very lucky!

Cannot thank @Sm1smom and @Britsimon enough for all their work on this forum. We are all so lucky to get your knowledge and tips - thank you thank you thank you times a million. Everyone else remember they are helping us out as a favor so continue to appreciate what they do for us and be thankful!

To all those still in the process of getting your GC, from my experience it definitely helped to continue to follow up with your case through INFOPASS and read through the advice given by @Sm1smom and @Britsimon here - http://forums.immigration.com/threads/dv-2016-aos-only.326148/page-101#post-2427020
100% agree that it's important to get on the side of the field officers - if you're nice and friendly to them, they are more likely to listen to you and help you out in the future (from my experience anyway). Most of all, listen to @Sm1smom and @Britsimon!
 
atx said:
Wow what a day. Went to another INFOPASS this morning (in Austin) to check if my background check had been cleared by the FBI. My officer told me not yet which was kind of disappointing but expected.

5 hours later I get a call from my FO (in San Antonio) telling me that my case is ready for a final review by the field officer. They remembered that I had an overseas trip booked for Friday, June 21 and told me that I should be able to come to San Antonio tomorrow to get my passport stamped so I could make my overseas trip. This was all great news and then 20 mins later I get a text saying my case has been updated. I log onto USCIS and it says my new card is being produced and that it will be sent to my address! So I guess no interview for me so I'm feeling very lucky!

Cannot thank @Sm1smom and @Britsimon enough for all their work on this forum. We are all so lucky to get your knowledge and tips - thank you thank you thank you times a million. Everyone else remember they are helping us out as a favor so continue to appreciate what they do for us and be thankful!

To all those still in the process of getting your GC, from my experience it definitely helped to continue to follow up with your case through INFOPASS and read through the advice given by @Sm1smom and @Britsimon here - http://forums.immigration.com/threads/dv-2016-aos-only.326148/page-101#post-2427020
100% agree that it's important to get on the side of the field officers - if you're nice and friendly to them, they are more likely to listen to you and help you out in the future (from my experience anyway). Most of all, listen to @Sm1smom and @Britsimon!
Click to expand...

What a day indeed for you! Congratulations!!
 
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atx said:
Wow what a day. Went to another INFOPASS this morning (in Austin) to check if my background check had been cleared by the FBI. My officer told me not yet which was kind of disappointing but expected.

5 hours later I get a call from my FO (in San Antonio) telling me that my case is ready for a final review by the field officer. They remembered that I had an overseas trip booked for Friday, June 21 and told me that I should be able to come to San Antonio tomorrow to get my passport stamped so I could make my overseas trip. This was all great news and then 20 mins later I get a text saying my case has been updated. I log onto USCIS and it says my new card is being produced and that it will be sent to my address! So I guess no interview for me so I'm feeling very lucky!

Cannot thank @Sm1smom and @Britsimon enough for all their work on this forum. We are all so lucky to get your knowledge and tips - thank you thank you thank you times a million. Everyone else remember they are helping us out as a favor so continue to appreciate what they do for us and be thankful!

To all those still in the process of getting your GC, from my experience it definitely helped to continue to follow up with your case through INFOPASS and read through the advice given by @Sm1smom and @Britsimon here - http://forums.immigration.com/threads/dv-2016-aos-only.326148/page-101#post-2427020
100% agree that it's important to get on the side of the field officers - if you're nice and friendly to them, they are more likely to listen to you and help you out in the future (from my experience anyway). Most of all, listen to @Sm1smom and @Britsimon!
Click to expand...

Wow - that was very cool of the FO. I actually think the IOs like DV cases. They are relatively "easy", and rarely have an unhappy ending (at least the ones that Mom guides). So - these are easy/happy wins for the IOs.
 
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@atx,,,Congratulations ...that very nice to know about your case,,i do have a question please,,did you only ask about the background check or also about the case itself?i mean did he tell you any thing like ,still pending,,not showing,,..etc .
 
Hi mom and Simon!

Does "recommended for approval" letter at interview means approved??

I will share interview experience in a separate post.
 
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