DV 2018 AOS Only

[ruch331]

Hi Mom,

So after realizing the mistake we did, We are closely following your recommendation by doing FTJ for my spouse. I have already sent my AOS package to USCIS. In the meantime we have the following questions. We are very grateful if you can answer them.

1). Since, my spouse has valid F2 visa, can she travel to US until her interview is scheduled at her home country consular office ? ( or in the meantime my AOS petition is pending)

2) Let say she stays with me in US on F2 visa and waiting for the decision on my AOS, and then found out that she hasn't got enough time to process FTJ. If So, Can I apply for family based GC , so that she can stay in US on that pending petition. ( provided that I got the GC). This way I believe, even if my petition denied, we can fall back to F visa.

3) While doing some research, I found some thing called 90 days rule to file adjustment of status for a recent NIV visa. Can you explain a bit, how this rule will apply on us, in case if I apply for family based GC petition.
(I am aware that, this forum is for AOS for DV's. But I was wondering if you can give some advise)

So, you may have understood by now, our intention is, not to mess this up any more and follow guidance to save our possibilities.

Thank you

 

[Sm1smom]

Hi Mom,

So after realizing the mistake we did, We are closely following your recommendation by doing FTJ for my spouse. I have already sent my AOS package to USCIS. In the meantime we have the following questions. We are very grateful if you can answer them.

1). Since, my spouse has valid F2 visa, can she travel to US until her interview is scheduled at her home country consular office ? ( or in the meantime my AOS petition is pending)

2) Let say she stays with me in US on F2 visa and waiting for the decision on my AOS, and then found out that she hasn't got enough time to process FTJ. If So, Can I apply for family based GC , so that she can stay in US on that pending petition. ( provided that I got the GC). This way I believe, even if my petition denied, we can fall back to F visa.

3) While doing some research, I found some thing called 90 days rule to file adjustment of status for a recent NIV visa. Can you explain a bit, how this rule will apply on us, in case if I apply for family based GC petition.
(I am aware that, this forum is for AOS for DV's. But I was wondering if you can give some advise)

So, you may have understood by now, our intention is, not to mess this up any more and follow guidance to save our possibilities.

Thank you

1. Yes she can. Just be aware she may be denied admission at the POE, if the admitting IO becomes aware of your pending AOS petition - they will assume she’s coming to join you in order to file AOS.

2. She can only remain in the US while your still have your F1 status. If your AOS petition gets approved, she automatically looses the F2 status since she got that as your F1 derivative. And that’s why I already told you she needs to remain back at home for CP while you sponsor her by filing a family petition for her, if the FTJ option fails.

Considering there’s only 2 months left though to find out if she’ll be able to do FTJ, it makes no sense to me that you guys will contemplate the option of her returning to the US now and flying back in two months or less to attend a CP interview. By the way, is KCC aware she’s filing FTJ? Did you update your DS260 form to reflect this decision? Are you aware KCC will require adequate time to process her DS260 form before she can attend a CP interview as your derivative FTJ, and all of these including her getting a consular interview appointment and being approved by Sept. 30th?

3. The 90 day rule is precisely why your wife can’t AOS with you as your DV derivative, we’ve already gone over this so I can’t go into any more details. I also told you a family based GC petition for your wife will take about 2 years, so your wife can’t file AOS in two years time from F2 since she needs a valid status to adjust from when the time comes. If she gets a new NIV such as F1 (which I doubt she’ll be able to get), then she may be able to return to the US and subsequently file AOS in two years’ time when her family based GC petition becomes current (provided she’s able to maintain her status of course).

 

[LouisI]

What is your actual question?

Will officer want previous visa applications or will he check them while conducting the interview?

 

[ruch331]

Thank you very much for the detailed response. It is Crystal clear. Yes I did submit the DS260 for my self and for her (july 12). Also indicated that she wants the interview at the home country embassy, while I am doing USCIS. My AOS packet was received on 13th july and haven't heard anything after that. KCC told me that I can use DOS payment receipt which paid for two AOS's. Then use the same receipt for my wife's case back in home country (because the fee is same and already paid it).
Yes she will stay back at home and try to get FTJ.
I went to the field office and they tried to pursue me to do both CP as the time running out. I was bit confused when I hear it. Also there is no rush at all at the FO as I was able to reserve an infopass to go in 15 min from the time I checked.

Thanks again, I will keep you updated

 

[Sm1smom]

Will officer want previous visa applications or will he check them while conducting the interview?

They’re not interested in you providing previous visa “applications”, however you were supposed to include visa stamp page(s) (both present and past) from your passport(s) with your AOS package. Anyway if you didn’t include them, make sure you attend the interview with them and be ready to present them if requested.

 

[Tobi1]

Hi Mom,

Today it has been exactly 2 weeks since we did the biometrics and we have not heard back yet (IL). And I know, for now it is still relatively early since it has "only" been 2 weeks. Nonetheless I checked for an Infopass appointment and there are none available at all for the next 2 weeks.

1) Do these appointments generally become available on a rolling basis, meaning, the next ones would become available for 2 + weeks from now, or could they also become available for before (as in if someone cancels, etc)?
2) If the former, that means there is a lead time of 2 weeks, which makes it hard to get in touch with the USCIS. Would you suggest to possibly call them earlier to see if they have any updates in regards to my case?

I think I read that you suggested to check for appointments at "strange" hours such as 2 or 3 am.. I will do that as well.
Thank you~

 

[Sm1smom]

Thank you very much for the detailed response. It is Crystal clear. Yes I did submit the DS260 for my self and for her (july 12). Also indicated that she wants the interview at the home country embassy, while I am doing USCIS. My AOS packet was received on 13th july and haven't heard anything after that. KCC told me that I can use DOS payment receipt which paid for two AOS's. Then use the same receipt for my wife's case back in home country (because the fee is same and already paid it).
Yes she will stay back at home and try to get FTJ.
I went to the field office and they tried to pursue me to do both CP as the time running out. I was bit confused when I hear it. Also there is no rush at all at the FO as I was able to reserve an infopass to go in 15 min from the time I checked.

Thanks again, I will keep you updated

The home embassy will most likely require your wife to make a new payment when she goes in for the interview, regardless of what KCC told you - so be prepared for that.

The IO you met at the infopass probably suggested you should have gone CP yourself because there’s no guarantee you’ll be able to complete AOS by Sept. 30th, and you both processing CP might have given you and your wife a better chance. But frankly speaking, I think that boat already sailed. It’s probably too late for you to switch to CP, KCC is already scheduling September interviews for those processing CP.

 

[Sm1smom]

Hi Mom,

Today it has been exactly 2 weeks since we did the biometrics and we have not heard back yet (IL). And I know, for now it is still relatively early since it has "only" been 2 weeks. Nonetheless I checked for an Infopass appointment and there are none available at all for the next 2 weeks.

1) Do these appointments generally become available on a rolling basis, meaning, the next ones would become available for 2 + weeks from now, or could they also become available for before (as in if someone cancels, etc)?
2) If the former, that means there is a lead time of 2 weeks, which makes it hard to get in touch with the USCIS. Would you suggest to possibly call them earlier to see if they have any updates in regards to my case?

I think I read that you suggested to check for appointments at "strange" hours such as 2 or 3 am.. I will do that as well.
Thank you~

When you checked the timeline spreadsheets, did anyone from your FO receive an IL letter in “exactly 2 weeks” (or less) from when they did their bio?

1. Yes. Yes.
2. Calling the 1800 number is a useless endeavor - they will give you the exact update you’re able to see online yourself because that’s all they know too. But call if it puts your mind at rest though.

 

[S-MN]

Hi Mom,

First of all, I really want to appreciate you for everything you are providing for us here, this website is a valuable source for all of us dealing with USCIS.
Let me give you some information regarding my case before asking my question. My case was submitted in USCIS on April 19th, my biometric also was received on May 1th, and I am still waiting to be invited for interview.

Around 40 days ago , I took an info-pass to check my status in St. Paul field office. When officer checked my case, she said everything looks good, my background check is done, and I am in the line to be invited for the interview, but she said as this FO is a very busy office, it is not clear when I can be invited.

I explained to her how worry I am regarding the time limitation my case has and the fact that the adjustment of status process for diversity visa winners should be completed by September 30th of the fiscal year the lottery pertains to, otherwise visas cannot be carried over to the next fiscal year, but she again said sorry, we are a busy FO and I do not know when the interview will be.

Last month, I called USCIS and asked to expedite processing my case, then they sent me an email one week after that and asked me to mail my request directly to the FO (St. Paul field office). I mailed my request 20 days ago and still have not received any answer from them. As I called USCIS gain today to follow my request, they said I need to take another infopass and talk with an officer directly about that. My next appointment is on next Tuesday (July 31), and I am thinking to find a way for convincing the officer regarding speeding up processing my case. Could you please help me how can I do it? Every thoughts and suggestions will be appreciated.

Many thanks again,

 

[ruch331]

The home embassy will most likely require your wife to make a new payment when she goes in for the interview, regardless of what KCC told you - so be prepared for that.

The IO you met at the infopass probably suggested you should have gone CP yourself because there’s no guarantee you’ll be able to complete AOS by Sept. 30th, and you both processing CP might have given you and your wife a better chance. But frankly speaking, I think that boat already sailed. It’s probably too late for you to switch to CP, KCC is already scheduling September interviews for those processing CP.

Thanks mom, "The boat already sailed ". lol , that summarized everything

 

[Sm1smom]

Hi Mom,

First of all, I really want to appreciate you for everything you are providing for us here, this website is a valuable source for all of us dealing with USCIS.
Let me give you some information regarding my case before asking my question. My case was submitted in USCIS on April 19th, my biometric also was received on May 1th, and I am still waiting to be invited for interview.

Around 40 days ago , I took an info-pass to check my status in St. Paul field office. When officer checked my case, she said everything looks good, my background check is done, and I am in the line to be invited for the interview, but she said as this FO is a very busy office, it is not clear when I can be invited.

I explained to her how worry I am regarding the time limitation my case has and the fact that the adjustment of status process for diversity visa winners should be completed by September 30th of the fiscal year the lottery pertains to, otherwise visas cannot be carried over to the next fiscal year, but she again said sorry, we are a busy FO and I do not know when the interview will be.

Last month, I called USCIS and asked to expedite processing my case, then they sent me an email one week after that and asked me to mail my request directly to the FO (St. Paul field office). I mailed my request 20 days ago and still have not received any answer from them. As I called USCIS gain today to follow my request, they said I need to take another infopass and talk with an officer directly about that. My next appointment is on next Tuesday (July 31), and I am thinking to find a way for convincing the officer regarding speeding up processing my case. Could you please help me how can I do it? Every thoughts and suggestions will be appreciated.

Many thanks again,

You’re already doing exactly what you need to do at this point. You go back and explain your situation again like you previously did. Print out the information from USCIS’s website (link below) that says your petition cannot be carried over to the next FY, just in case whoever you meet says there’s no need to worry or that should should provide evidence of the urgency involved. You can politely request to speak with the IO in charge of your case or the FO supervisor, of course no guarantee the request will be honored. And be sure to always attend your infopass appointment will all your documents, ready for the possibility of an on the spot interview.

And ask again if your background has cleared. You’re from Iran, I’m surprised they told you it already cleared, so ask again to be sure it indeed has cleared.

By the way, did you already find out from KCC if your case file was already requested by your FO, if requested has it been sent and when was it sent?

 

[S-MN]

You’re already doing exactly what you need to do at this point. You go back and explain your situation again like you previously did. Print out the information from USCIS’s website (link below) that says your petition cannot be carried over to the next FY, just in case whoever you meet says there’s no need to worry or that should should provide evidence of the urgency involved. You can politely request to speak with the IO in charge of your case or the FO supervisor, of course no guarantee the request will be honored. And be sure to always attend your infopass appointment will all your documents, ready for the possibility of an on the spot interview.

And ask again if your background has cleared. You’re from Iran, I’m surprised they told you it already cleared, so ask again to be sure it indeed has cleared.

By the way, did you already find out from KCC if your case file was already requested by your FO, if requested has it been sent and when was it sent?

Thanks for your response and guidance. Sure, I will double check about background check.
I am calling KCC every third days, and the response is always "USCIS has not requested your case yet".

 

[lightfish]

Thanks for your response and guidance. Sure, I will double check about background check.
I am calling KCC every third days, and the response is always "USCIS has not requested your case yet".

By USCIS, do you mean the field office (FO)?

Do you have to request to speak to tier 2 staff when calling KCC to ask whether the background check has been completed?

Thank you

 

[Tobi1]

When you checked the timeline spreadsheets, did anyone from your FO receive an IL letter in “exactly 2 weeks” (or less) from when they did their bio?

1. Yes. Yes.
2. Calling the 1800 number is a useless endeavor - they will give you the exact update you’re able to see online yourself because that’s all they know too. But call if it puts your mind at rest though.

Hi Mom,

Overall there were only 3 cases for my FO in all the timeline sheets. 92 days, 17 days and 1 day to receive the IL after the biometrics. The spread for these three numbers is so large that it is hard to really know what is accurate. But I do know that it is still relatively early as 2 weeks is not much. I am just looking forward and trying to prepare what to do and when.

1) At what time would USCIS (FO) request the case from KCC?
2) In other words, in order for USCIS to send the IL, do they already have to have requested the case?

Thank you!

 

[S-MN]

By USCIS, do you mean the field office (FO)?

Do you have to request to speak to tier 2 staff when calling KCC to ask whether the background check has been completed?

Thank you

when I am calling, I am usually asking whether have they received any request regarding my case from USCIS or not, I think if they could receive any request either from USCIS or from my FO, they should let me know, is not it?
About your second question, as far as I know, KCC does not have any information regarding our case as AOS process, I think we need to ask from FO about that.

 

[lightfish]

when I am calling, I am usually asking whether have they received any request regarding my case from USCIS or not, I think if they could receive any request either from USCIS or from my FO, they should let me know, is not it?
About your second question, as far as I know, KCC does not have any information regarding our case as AOS process, I think we need to ask from FO about that.

So USCIS is different from KCC and the FO?
For the FO, did you ask them about whether the background check has been completed and if they have requested the case during an infopass?

 

[Sm1smom]

Thanks for your response and guidance. Sure, I will double check about background check.
I am calling KCC every third days, and the response is always "USCIS has not requested your case yet".

The fact that your IO hasn’t requested your KCC file, considering you did your bio back in May makes me think your background check is still pending.

 

[Sm1smom]

By USCIS, do you mean the field office (FO)?

Do you have to request to speak to tier 2 staff when calling KCC to ask whether the background check has been completed?

Thank you

KCC has nothing to do with the background check for AOSer. You visit your FO, or call the USCIS 1800 (a useless effort, unless you’re fortunate to get connected to a tier 2 Officer) in order to find out about your background check. Bear in mind even the tier 2 Officer May not be able or willing to provide that information.

 

[S-MN]

The fact that your IO hasn’t requested your KCC file, considering you did your bio back in May makes me think your background check is still pending.

The fact that your IO hasn’t requested your KCC file, considering you did your bio back in May makes me think your background check is still pending.

I will again check my background check status in the next appointment! Hopefully, I could get it correctly.
As i checked the time-sheet, overall there was only 1 case for my FO during 2018 (2018AF00005****) 110 days to receive the IL after the biometrics. It seems for other nationalities, it may also take time in this FO.

 

[Sm1smom]

Hi Mom,

Overall there were only 3 cases for my FO in all the timeline sheets. 92 days, 17 days and 1 day to receive the IL after the biometrics. The spread for these three numbers is so large that it is hard to really know what is accurate. But I do know that it is still relatively early as 2 weeks is not much. I am just looking forward and trying to prepare what to do and when.

1) At what time would USCIS (FO) request the case from KCC?
2) In other words, in order for USCIS to send the IL, do they already have to have requested the case?

Thank you!

The information on the spreadsheet isn’t intended to be used as a precise time for the next person, it’s supposed to simply give an idea of the average processing time. So you can go by the average of all the numbers combined to get a rough idea. With the FY however approaching, you may want to go by the average of the longest reported time and use it your gauge regarding when to start stressing, definitely not at a two week mark! Remember other factors such as the FO’s workload at the time of receiving the petition, individuals’ background check clearance, etc can also influence how soon the IL gets sent.

1. No specific time - at the FO’s discretion.
2. Again FO/IO’s discretion - some send the IL before, some wait until after.