DV 2017 AOS Only

[Sm1smom]

Hi Mom,
After 30 days from the day I received the NOA letter, I talked with NBC because I still haven't received the biometric letter yet. They asked me questions and they said the letter will be at my hand after 15-30 days from today, and they also gave me confirmation number.
Anyways, I still don't have applied (didn't include in the AOS package) for I-765 (Applications for Employment Authorization).
Here's my questions:
1) To apply, I need the form I-765 and copy of my NOA. What else?
2) For number 16 in the form, should I put "(c) (8)"
3) Do I have to put anything for number 17 and 18?
4) Can I also apply for this application for my two sons too?
5) Where should I post this application? Is it the where I mailed my AOS package?
Thanks!

1. Read the I-765 instructions and provide whatever else is required outside of the NOA for your I-485

2. Use (C)(9) - you can't use C8 since this is not asylum based, right?

3. Leave any section not applicable to you blank

4. Are your sons old enough to undertake authorized employment?

5. Yes

Which number did you use in contacting the NBC by the way?

 

[Sm1smom]

Hi Mom,

I submitted my AOS through Diversity Lottery Visa on Oct 4th and I received the NOA letter on Oct 24th. However, today I received a letter from USCIS for 'Request of Initial Evidence', which states that " You must submit evidence that an immigrant visa petition has been filed on your behalf or before the date of filing form I-485. Such evidence include:

• Form I797. Notice of Action, for Form I-129F (Petitioner for Alien Fiance(e))
• Form I-130 Petition for Alien Relative
• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
• Form I171, Notice of Approval from the Consular Office

If you are not filing as the beneficiary of an immigrant visa petition, submit documentation in support of your eligibility to become lawful Permanent Resident
If you do not have form I-130 filed on your behalf, you may withdraw Form I-485 by responding to this request with a letter stating that you wish to withdraw Form I-485.

Note: You must submit the following for the petitioner/sponsor listed on Form I130 or Form I-129F if you have not already done so

• Form I-864, Affidavit of Support (revision date 07/02/15)
• A copy of petitioner's most recent Federal income tax returns.
• Copies of all supporting tax documents(W-2s, 1099s,Form, and all tax schedules).

When I read through this letter, it doesn't make sense to me at all. I filed for the I-485 under DV lottery category, and I included most of the supporting document listed in the spreadsheet that you put together. The only supporting documents I did not submit is bank statement, affidavit of support,employment letter, and tax returns.
Can you please help me understand what USCIS is looking for my case?
Anyone who has run into similar situation before please share me with your experience on this. It would be much appreciated.


Thank you.

Shan

Where's your FO? Which response did you put for the part 2 question on your I-485 regarding the basis of your application?

 

[Radna]

1. Read the I-765 instructions and provide whatever else is required outside of the NOA for your I-485

2. Use (C)(9) - you can't use C8 since this is not asylum based, right?

3. Leave any section not applicable to you blank

4. Are your sons old enough to undertake authorized employment?

5. Yes

Which number did you use in contacting the NBC by the way?

Hi again,
Thank you for your reply!
Yes, I think you are right. I was about to make the same mistake I did on the form I-485.
My sons are 14 and 10. I am not sure if they are old enough. I want to get them a social security number by applying this form. (also for myself) We only have an A-number.
I couldn't find any more information about what to include for my application.

And I called the National Customer Service Center : (800) 375-5283 to contact with NBC. I had to select a several of options until I got to talk with the representatives.

I really appreciate it.

 

[Sm1smom]

Hi again,
Thank you for your reply!
Yes, I think you are right. I was about to make the same mistake I did on the form I-485.
My sons are 14 and 10. I am not sure if they are old enough. I want to get them a social security number by applying this form. (also for myself) We only have an A-number.
I couldn't find any more information about what to include for my application.

And I called the National Customer Service Center : (800) 375-5283 to contact with NBC. I had to select a several of options until I got to talk with the representatives.

I really appreciate it.

The EAD is intended for work purpose, not for the possibility of getting a SSN. And frankly speaking even in your case, if you don't have any solid plan of working or looking for a job while your AOS is pending, you're better off not applying for it either.

So you read through the I-765 instructions
https://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf

like I earlier on suggested and you couldn't find where it talks about things to include such as copy of I94, prove of ID, photographs?

And by the way, you didn't contact or call the NBC. The number you called is a general USCIS number - it is the only number available for following up on all types of immigration cases. It is the same number you'll call if you need to follow up with your FO on the phone, and that doesn't mean you've contacted or spoken with your FO. I needed the clarification to be made before other readers start wondering or asking about how to contact the NBC.

 

[Sm1smom]

CAUTION:

I feel it's necessary to caution selectees/DV based AOS petitioners about the need for an AP or EAD card. The fact that applying for these two documents is free (because it is AOS based) makes it very tempting to include with the AOS package, but please be aware of what you're getting into before applying or using these documents.

If you initially sent in your AOS package without including forms I-765 and I-131, and suddenly decide (after getting the NOA for your I-485) to apply for the EAD and/or AP card when you don't really have a need (or it doesn't make sense to any other person but yourself), you may inadvertently further delay your AOS approval. While it is true that your FO isn't responsible for adjudicating the EAD and/or AP card, it is not unusual for the IO at your FO to hold off on approving your AOS until they get EAD/AP case file from the NBC - getting a case file from one office to the other could take months!

The EAD/AP card processing typically takes about 3-4 months on average, about the same time a typical AOS petition takes. There are noted cases where some petitioners have actually received their GC before the EAD/AP cards where received which made them useless. So if you don't have a need for these documents, don't bother to include them with your AOS package. I already noted this on the AOS process spreadsheet. I also explained what happens to your current status if you use these documents while your petition is pending, in addition to providing a link to USCIS's FAQ regarding the two documents. This is under the "AOS Package" tab on the spreadsheet. Please go through it as I will not address this again.

 

[Radna]

I read all of the comments but I was the only one who didn't receive the biometric letter within the month. So I googled National Benefits Center to contact with them and this number came up. I didn't want to make other readers worry. I just wanted to help other people by giving my information. I am sorry.

National Benefits Center
Address: 850 NW Chipman Rd, Lee's Summit, MO 64086
Phone: (800) 375-5283

Thanks

 

[Shan33]

Where's your FO? Which response did you put for the part 2 question on your I-485 regarding the basis of your application?

Hi Mom,

Thanks for your quick reply.
The nearest field office from here is in Norfolk, Virginia. That's a good question, My lawyer filled out the I-485 and other forms for me. I asked her for copies of all the documents that we sent out to Chicago lockbox, so I will be able to review it on Monday and see what could possible go wrong.

Regarding the request for initial evidence, the lawyer suggested that we respond to USCIS NSC with a letter requesting supervisory review and a cover letter requesting the proper processing. And I'm going to give her all the AOS letter and paid receipt I got from Department of Statement.Do you think this will help ?


Thank you,
Shan

 

[EURO2014]

Hi Mom,

I submitted my AOS through Diversity Lottery Visa on Oct 4th and I received the NOA letter on Oct 24th. However, today I received a letter from USCIS for 'Request of Initial Evidence', which states that " You must submit evidence that an immigrant visa petition has been filed on your behalf or before the date of filing form I-485. Such evidence include:

• Form I797. Notice of Action, for Form I-129F (Petitioner for Alien Fiance(e))
• Form I-130 Petition for Alien Relative
• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
• Form I171, Notice of Approval from the Consular Office

If you are not filing as the beneficiary of an immigrant visa petition, submit documentation in support of your eligibility to become lawful Permanent Resident
If you do not have form I-130 filed on your behalf, you may withdraw Form I-485 by responding to this request with a letter stating that you wish to withdraw Form I-485.

Note: You must submit the following for the petitioner/sponsor listed on Form I130 or Form I-129F if you have not already done so

• Form I-864, Affidavit of Support (revision date 07/02/15)
• A copy of petitioner's most recent Federal income tax returns.
• Copies of all supporting tax documents(W-2s, 1099s,Form, and all tax schedules).

When I read through this letter, it doesn't make sense to me at all. I filed for the I-485 under DV lottery category, and I included most of the supporting document listed in the spreadsheet that you put together. The only supporting documents I did not submit is bank statement, affidavit of support,employment letter, and tax returns.
Can you please help me understand what USCIS is looking for my case?
Anyone who has run into similar situation before please share me with your experience on this. It would be much appreciated.


Thank you.

Shan

It is clear from the USCIS response you received that they presume that you requested for your I-485 to be processed under one of the family sponsored categories, either erroneously or based on the categorization you included on the I-485 form itself.

 

[Sm1smom]

Hi Mom,

Thanks for your quick reply.
The nearest field office from here is in Norfolk, Virginia. That's a good question, My lawyer filled out the I-485 and other forms for me. I asked her for copies of all the documents that we sent out to Chicago lockbox, so I will be able to review it on Monday and see what could possible go wrong.

Regarding the request for initial evidence, the lawyer suggested that we respond to USCIS NSC with a letter requesting supervisory review and a cover letter requesting the proper processing. And I'm going to give her all the AOS letter and paid receipt I got from Department of Statement.Do you think this will help ?


Thank you,
Shan

So your lawyer filled out your forms and mailed out your package on your behalf, which means you're not sure if all the pertinent documents as listed on the AOS spreadsheet got included with your package (outside of the financial documents you clearly indicated weren't included) even though you said all the other documents were included - you don't know for sure, right?

I asked for your FO to rule out the possibility of it being one that's not used to DV cases - Norfolk is definitely used to handling DV cases, so I'm really thinking this may have something to do with your lawyer. Get copies of everything submitted on your behalf and carefully go through them.

Yes you may do as your lawyer is suggesting. If after looking at the forms that your lawyer filled out on your behalf and everything looks correct, you can also visit your FO in person with all your documents, and request to speak with an IO in person to explain your case.

 

[Shan33]

It is clear from the USCIS response you received that they presume that you requested for your I-485 to be processed under one of the family sponsored categories, either erroneously or based on the categorization you included on the I-485 form itself.

Thank you for your reply. Yea. either case is possible. I will know until I get a copy of I-485 from my lawyer.


Thank you,
Shan

 

[Shan33]

So your lawyer filled out your forms and mailed out your package on your behalf, which means you're not sure if all the pertinent documents as listed on the AOS spreadsheet got included with your package (outside of the financial documents you clearly indicated weren't included) even though you said all the other documents were included - you don't know for sure, right?

I asked for your FO to rule out the possibility of it being one that's not used to DV cases - Norfolk is definitely used to handling DV cases, so I'm really thinking this may have something to do with your lawyer. Get copies of everything submitted on your behalf and carefully go through them.

Yes you may do as your lawyer is suggesting. If after looking at the forms that your lawyer filled out on your behalf and everything looks correct, you can also visit your FO in person with all your documents, and request to speak with an IO in person to explain your case.

Hi Mom,

You are right. I only prepared supporting documents and then handed it over to the lawyer. She filled out the all the forms for me but I didn't get a chance to look at the applications before they mailed it out.

I will just wait until I get all the copies from my lawyer and will carefully go through them.

Thank you so much for help. I really appreciate that.

Shan

 

[Sm1smom]

Hi Mom,

You are right. I only prepared supporting documents and then handed it over to the lawyer. She filled out the all the forms for me but I didn't get a chance to look at the applications before they mailed it out.

I will just wait until I get all the copies from my lawyer and will carefully go through them.

Thank you so much for help. I really appreciate that.

Shan

I'm curious why did you need a lawyer? Is your current status complicated?

 

[Orien]

My spouse is a DV2017 selectee, we both are currently in the US on J visas, and we plan to do AOS if possible. It is my understanding that once we start the Green Card application, it will be best not to leave the US since we could have problems trying to return on J status (due to having declared immigrant intent, I believe). My doubt is whether we may have problems re-entering the US in case we have NOT yet started our GC application.

For context: we have not yet submitted the DS-260 forms; all we've done is check online that we are DV2017 selectees, but have not done anything else towards getting our GCs.

If we travel ex-US and return on our current J visas (without having started the GC process), may we have problems to re-enter the US?

Thank you!!!

 

[Supersonic2016]

What does Acceptance- Bio Received mean?
I am already have done my bio and I am waiting for Interview letter.I can get the meaning of what I mentioned above in the spreadsheet.

 

[Sm1smom]

My spouse is a DV2017 selectee, we both are currently in the US on J visas, and we plan to do AOS if possible. It is my understanding that once we start the Green Card application, it will be best not to leave the US since we could have problems trying to return on J status (due to having declared immigrant intent, I believe). My doubt is whether we may have problems re-entering the US in case we have NOT yet started our GC application.

For context: we have not yet submitted the DS-260 forms; all we've done is check online that we are DV2017 selectees, but have not done anything else towards getting our GCs.

If we travel ex-US and return on our current J visas (without having started the GC process), may we have problems to re-enter the US?

Thank you!!!

You haven't demonstrated an immigrant intent in anyway, you should be okay.

However you need to be aware of the fact that admission or re-admission into the US isn't always guaranteed simply because one has a valid visa or is even a LPR. Admission is at the discretion of the CBP officer.

 

[Sm1smom]

What does Acceptance- Bio Received mean?
I am already have done my bio and I am waiting for Interview letter.I can get the meaning of what I mentioned above in the spreadsheet.

That column calculates the number of days between when your AOS package was received by USCIS and when you received your bio letter. There's a formula in there, so that's automatically filled in.

 

[Orien]

You haven't demonstrated an immigrant intent in anyway, you should be okay.

However you need to be aware of the fact that admission or re-admission into the US isn't always guaranteed simply because one has a valid visa or is even a LPR. Admission is at the discretion of the CBP officer.

Thank you Sm1smom!!

 

[Dominik20]

Hello all,
I have a questions regarding processing time / acceptance of our AOS application.

I am case number 2017EU00007xxx and currently in the US on an E2 visa. I will get married in December, she is Iranian, in the US on an F1 visa, and we are together for many years already. We will file DS260 together, right after our marriage in a couple weeks. Am I right that this still allows enough time to get through the whole process?
The background check might take longer for her due to her origin, which is ok I think. But: is there the risk that I get the GC and due to her origin she does not? (there is this limit of 7% of all DV per country, which for Iran might be reached quicker than for Europe). Or is she "tied" to me, so that she does not fall into the cases for Iran?

Depending on this, should we/she apply again for the DV2018, or would that affect our DV2017 application in a negative way?

Thanks so much
Dominik

 

[Shan33]

I'm curious why did you need a lawyer? Is your current status complicated?

Hi Mom,

Not really, I guess my case is straightforward as I only applied to AOS for myself and My current status is H1B.
After I got to know that I got selected in DV 2017 in May, I started preparing the supporting documents but at the same time I was worried about it a lot.
I didn't know what's the chance of getting GC and thought about any things that could possibly arise during the AOS process, so I thought it might be helpful to have a lawyer.
Now I'm hoping that my lawyer did not make mistakes on I485. Otherwise, I would be very disappointed.

Shan

 

[SusieQQQ]

Hi Mom,

Not really, I guess my case is straightforward as I only applied to AOS for myself and My current status is H1B.
After I got to know that I got selected in DV 2017 in May, I started preparing the supporting documents but at the same time I was worried about it a lot.
I didn't know what's the chance of getting GC and thought about any things that could possibly arise during the AOS process, so I thought it might be helpful to have a lawyer.
Now I'm hoping that my lawyer did not make mistakes on I485. Otherwise, I would be very disappointed.

Shan

Did you find out if your lawyer has a lot of experience in doing AOS for DV cases?