DV 2019 AOS Only

Sm1smom

Super Moderator
Hi All and Mom,
I don't know how to start but my situation has changed dramatically.....

I have been waiting for my IL as you know.
Unfortunatly yesterday I was diagnosed with leukemia and being hospitalized and will be at least 4 weeks.

My health is the most important thing now, but I am thinking about my dv Visa as well since it is once in a lifetime opportunity.

What do you recommend if my IL letter shows up in my mailbox? Should I try to reschedule? Talk to a lawyer maybe he can represent me without me being there?
Or I am going to be denied because of this new health condition of mine.

I am totally lost now.
I’m sorry to learn of your diagnosis especially at this time.

Yes, you should focus on your health for now without a doubt. However, consider the number of selectees who recently interviewed in NY, I wouldn’t be surprised if your IL shows up in the next couple of days and you will have to make some tough decisions on your own then.

Rescheduling at this point is very risky, the FY ends on Sept. 30th. I highly doubt you will get a new date before Sept. 30th if you go the reschedule route. A lawyer can’t represent you without you being there either, you can’t be sworn in by proxy, the lawyer can’t swear to truthfully answer the questions that will be asked on your behalf.

Yes the IO May consider the possibility of your new health situation making you become a public charge. However, if you can show you currently have a good health care insurance in place and you already have other necessary support (which could be an I-134, and/or personal income above applicable poverty guideline level), you should be able to convince him otherwise.

This actually reminds me of the case of a woman who went into labor the night before their CP interview in Montreal a couple of years ago. Yes child birth isn’t on the same level as being diagnosed with leukemia, nonetheless the birth was complicated and she was scheduled to be in the hospital for a couple of days after the birth. She cried, threatened, cajoled, begged, her doctors who finally buckled and allowed her to go to the embassy with drips still attached to her veins. She was quite weak when she showed up for her interview, the CO was impressed by her determination to move mountains in order to attend her interview with her husband. She got approved, and returned to the hospital to complete her treatment.
 
I’m sorry to learn of your diagnosis especially at this time.

Yes, you should focus on your health for now without a doubt. However, consider the number of selectees who recently interviewed in NY, I wouldn’t be surprised if your IL shows up in the next couple of days and you will have to make some tough decisions on your own then.

Rescheduling at this point is very risky, the FY ends on Sept. 30th. I highly doubt you will get a new date before Sept. 30th if you go the reschedule route. A lawyer can’t represent you without you being there either, you can’t be sworn in by proxy, the lawyer can’t swear to truthfully answer the questions that will be asked on your behalf.

Yes the IO May consider the possibility of your new health situation making you become a public charge. However, if you can show you currently have a good health care insurance in place and you already have other necessary support (which could be an I-134, and/or personal income above applicable poverty guideline level), you should be able to convince him otherwise.

This actually reminds me of the case of a woman who went into labor the night before their CP interview in Montreal a couple of years ago. Yes child birth isn’t on the same level as being diagnosed with leukemia, nonetheless the birth was complicated and she was scheduled to be in the hospital for a couple of days after the birth. She cried, threatened, cajoled, begged, her doctors who finally buckled and allowed her to go to the embassy with drips still attached to her veins. She was quite weak when she showed up for her interview, the CO was impressed by her determination to move mountains in order to attend her interview with her husband. She got approved, and returned to the hospital to complete her treatment.
Thank you for your input and advice.
I will make the decision when the time comes.
Right now I am not willing to stress on this anymore.
God bless you All
 
Hi All and Mom,
I don't know how to start but my situation has changed dramatically.....

I have been waiting for my IL as you know.
Unfortunatly yesterday I was diagnosed with leukemia and being hospitalized and will be at least 4 weeks.

My health is the most important thing now, but I am thinking about my dv Visa as well since it is once in a lifetime opportunity.

What do you recommend if my IL letter shows up in my mailbox? Should I try to reschedule? Talk to a lawyer maybe he can represent me without me being there?
Or I am going to be denied because of this new health condition of mine.

I am totally lost now.
Hi Tommas

I am really sorry to hear this. My suggestion, for what it is worth, is to first focus on your health. I think with the speed that USCIS is handling both our cases, we've still got a bit of a wait to go... so you might have a better picture on your treatment before the interview comes up. Hang in there! Things will work out!
 
Hi Tommas

I am really sorry to hear this. My suggestion, for what it is worth, is to first focus on your health. I think with the speed that USCIS is handling both our cases, we've still got a bit of a wait to go... so you might have a better picture on your treatment before the interview comes up. Hang in there! Things will work out!
Thank you
 
Hello Mom,
I have been constantly reading the posts in your thread. I have an interview on July 22nd.
1. My interview letter asks me to bring the I 864 form while the FAM vol III suggest that I 134 is required for DV applicants. Should I still take I 864 with me to the interview?
2. I did my medical and did Quantiferon TB test and sent I 693 along with AOS package. Now IL has mentioned to bring the TB skin test. As I believe USCIS no longer accepts the TB skin test, so should I still do this test?
3. I couldn't see the poverty income guidelines in the thread? What should be the income level of sponsor to support two people (me and my spouse) provided that we have two US born children as well? PS: I have an assistantship of 24K/year from my university.
4. IL also mentions to bring two 2X2 size photos for each beneficiary, what could be this photo for?
I have my heartfelt thanks for this thread which definitely serves as the wealth of information for all people.
 
Hi all, specially those who received their GC recently,
Just wondering whether your online status changed after they mail your card?. Mine says "My new card is being produced" for over a week now. When I checked the timeline, most people received their GC after 5 days/ a week from the CPO date. I was expecting today but it did not come in today. May be I should wait longer.

I received I797 notice of action for approval. I says that "appllciation has been approved. Prior to receiving your permanent resident card yoy may be required to report your biometrics processing (Photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising date,time and location to appear.
If you have not received your permanent resident card or the above mentioned notice to appear for biometric processing within 90 days, please call this office at the number listed below."

We did our biometrics one month before the interview. I hope this is normal.
Thanks !!!
 
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Dear Mom,

I applied for AOS through the DV program 2019 on May 23rd. Although, I received the official receipt notice a while ago, I have not yet received my Biometrics Letter or NOA. I contacted the USCIS numerous times, but they are not sure what is going on. Do you think that I should make a congressional inquiry in a week or two? Or do you think that I should make an infopass appointment.

Thank you very much for your assistance,

Warm regards
 
Hi all, specially those who received their GC recently,
Just wondering whether your online status changed after they mail your card?. Mine says "My new card is being produced" for over a week now. When I checked the timeline, most people received their GC after 5 days/ a week from the CPO date. I was expecting today but it did not come in today. May be I should wait longer.

I received I797 notice of action for approval. I says that "appllciation has been approved. Prior to receiving your permanent resident card yoy may be required to report your biometrics processing (Photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising date,time and location to appear.
If you have not received your permanent resident card or the above mentioned notice to appear for biometric processing within 90 days, please call this office at the number listed below."

We did our biometrics one month before the interview. I hope this is normal.
Thanks !!!
This is the Welcome Letter, I received the same in the mail today - with the right address this time!
For the GC, my colleagues who were approved recently got an update on egov with a USPS tracking number.
So, we should wait a bit longer.
 
This is the Welcome Letter, I received the same in the mail today - with the right address this time!
For the GC, my colleagues who were approved recently got an update on egov with a USPS tracking number.
So, we should wait a bit longer.
Thank you for your reply. Oh okay. That's a relief. I was worried about the biometrics. Yes, I might need to wait.
 

Sm1smom

Super Moderator
Hello Mom,
I have been constantly reading the posts in your thread. I have an interview on July 22nd.
1. My interview letter asks me to bring the I 864 form while the FAM vol III suggest that I 134 is required for DV applicants. Should I still take I 864 with me to the interview?
2. I did my medical and did Quantiferon TB test and sent I 693 along with AOS package. Now IL has mentioned to bring the TB skin test. As I believe USCIS no longer accepts the TB skin test, so should I still do this test?
3. I couldn't see the poverty income guidelines in the thread? What should be the income level of sponsor to support two people (me and my spouse) provided that we have two US born children as well? PS: I have an assistantship of 24K/year from my university.
4. IL also mentions to bring two 2X2 size photos for each beneficiary, what could be this photo for?
I have my heartfelt thanks for this thread which definitely serves as the wealth of information for all people.

1. Your IL is a generic one, ignore the I-864 request, it is not applicable to DV based AOS petitions.
2. See response 1 above - IL is a generic one (an old generic letter as a matter of fact). Ignore the TB skin test mention.
3. Use the following USCIS Poverty Guideline Level to calculate your sponsor’s applicable income which should cover your entire family (including your USC kids) and your sponsor’s household.
4. I have no idea.
 
Hi Mom,
We received the interview letter along with a another paper which says "bring with you the item(s) listed below in addition to the items listed on your appointment notice". In that they have ticked "Copy of the petitioner's and joint sponsor's individual Federal income tax return, including W-2's for the most recent tax year" under that point "you and petitioner" are ticked. My husband and I both received this additional document. I am under F1 and he is F2.
I am worried because I've sent my income tax returns with I-485 already and my husband doesn't have any tax filed.
1. Is it normal ?
2. With I-134 we sent only W2 of the sponsor and government id, so is it about the tax return of the sponsor ?

1a649013-842c-4a87-a1d8-21ad252231ff.jpg




Thanks in advance.
 
Dear Mom,
Huge thanks for the your priceless time in replies. BTW, my wife is taking WIC and my 3-month twins are in medicaid. According the USCIS public charge rule, WIC and child medicaid are the public benefits that are not subjected to public charge. I still have one question regarding this public chare rule:
1. If the IO thinks to subject us the public charge based on current public benefits my wife and kids are taking, what paper documents from USCIS can I present to the IO to show that these benefits should not be considered for public charge provided that our sponsor's income reflected in Affidavit of Support is sufficient enough to support us and their household? I will definitely take my W2, sponsor's W2, I-134 form for both of the applicant, tax transcript to the interview.
 

Sm1smom

Super Moderator
Hi Mom,
We received the interview letter along with a another paper which says "bring with you the item(s) listed below in addition to the items listed on your appointment notice". In that they have ticked "Copy of the petitioner's and joint sponsor's individual Federal income tax return, including W-2's for the most recent tax year" under that point "you and petitioner" are ticked. My husband and I both received this additional document. I am under F1 and he is F2.
I am worried because I've sent my income tax returns with I-485 already and my husband doesn't have any tax filed.
1. Is it normal ?
2. With I-134 we sent only W2 of the sponsor and government id, so is it about the tax return of the sponsor ?

View attachment 1134




Thanks in advance.
A generic letter/practice by your FO. A F2 status holder clearly wouldn’t have an IRS tax return since they’re not authorized to work. Get new copies of your IRS tax transcripts and take those along.
 

Sm1smom

Super Moderator
Dear Mom,
Huge thanks for the your priceless time in replies. BTW, my wife is taking WIC and my 3-month twins are in medicaid. According the USCIS public charge rule, WIC and child medicaid are the public benefits that are not subjected to public charge. I still have one question regarding this public chare rule:
1. If the IO thinks to subject us the public charge based on current public benefits my wife and kids are taking, what paper documents from USCIS can I present to the IO to show that these benefits should not be considered for public charge provided that our sponsor's income reflected in Affidavit of Support is sufficient enough to support us and their household? I will definitely take my W2, sponsor's W2, I-134 form for both of the applicant, tax transcript to the interview.
There’s no document I know of you can take along. We already discussed this issue back in September 2018. You clearly knew the possible risks associated with taking those benefits but went ahead and obtained them nonetheless. You’ll just have to keep your fingers crossed and hope your IO doesn’t decide to go by the new definition of what constitutes a public charge.
 
We had our interview on 07/02/2019. My husband didn't receive his IL and his name was not mentioned in my IL but there was no issue. Here is our interview experience.
Our interview was at 1:00 PM. We reached there about half an hour early. He called us at 1:05. He was a nice and friendly officer. He asked for our ID, passport and marriage certificate. Then he started asking about our marriage, how we met, how many people attended followed by 10-15 yes/no questions. At last, he said he will approve our case. Our status changed to "Card is being produced" after 1 hour.
Today (07/06/2019) we received our welcome letter.
I would like to thank each and everyone in this group who helped us in every step of this process. Special thanks go to MOM.
 

Sm1smom

Super Moderator
We had our interview on 07/02/2019. My husband didn't receive his IL and his name was not mentioned in my IL but there was no issue. Here is our interview experience.
Our interview was at 1:00 PM. We reached there about half an hour early. He called us at 1:05. He was a nice and friendly officer. He asked for our ID, passport and marriage certificate. Then he started asking about our marriage, how we met, how many people attended followed by 10-15 yes/no questions. At last, he said he will approve our case. Our status changed to "Card is being produced" after 1 hour.
Today (07/06/2019) we received our welcome letter.
I would like to thank each and everyone in this group who helped us in every step of this process. Special thanks go to MOM.
Congratulations
 
I was selected for DV 2019. I just received notification the I-485 was rejected for being incomplete. The letter referred me to an M-180 document for further details, but no M-180 was included. I checked the USCIS website‘s required evidence list for DV AOS and everything they asked for was included in the package my attorney sent.

So I contacted my attorney and he didnt know reason the reason the I-485 was deemed incomplete either. The big problem now is that he just went ahead and already re-filed the application exactly as it was originally, without informing me it was even rejected, or making any change. He hasn’t chosen any electronic notification and my timeline is almost impossible as it is - my F-1 status expires in 3 weeks - so if it’s rejected again, I must leave the country and will have no status to adjust. Consular option is also no longer an option at this stage, so this AOS is my only hope.

I told the attorney I was concerned the package didn’t include my qualifications, but he said that wasn’t necessary; and the USCIS website doesn’t ask for it either. I feel he may have erred by omitting this and am wondering if I am correct, and if so, what can I do at this point to correct the problem.

Any advice would be deeply appreciated.
 
I was selected for DV 2019. I just received notification the I-485 was rejected for being incomplete. The letter referred me to an M-180 document for further details, but no M-180 was included. I checked the USCIS website‘s required evidence list for DV AOS and everything they asked for was included in the package my attorney sent.

So I contacted my attorney and he didnt know reason the reason the I-485 was deemed incomplete either. The big problem now is that he just went ahead and already re-filed the application exactly as it was originally, without informing me it was even rejected, or making any change. He hasn’t chosen any electronic notification and my timeline is almost impossible as it is - my F-1 status expires in 3 weeks - so if it’s rejected again, I must leave the country and will have no status to adjust. Consular option is also no longer an option at this stage, so this AOS is my only hope.

I told the attorney I was concerned the package didn’t include my qualifications, but he said that wasn’t necessary; and the USCIS website doesn’t ask for it either. I feel he may have erred by omitting this and am wondering if I am correct, and if so, what can I do at this point to correct the problem.

Any advice would be deeply appreciated.
Qualifications as in high school certificate? You should definitely include that. If that's not the reason for rejection you'd still probably get RFE anyway.
 

SusieQQQ

Well-Known Member
I was selected for DV 2019. I just received notification the I-485 was rejected for being incomplete. The letter referred me to an M-180 document for further details, but no M-180 was included. I checked the USCIS website‘s required evidence list for DV AOS and everything they asked for was included in the package my attorney sent.

So I contacted my attorney and he didnt know reason the reason the I-485 was deemed incomplete either. The big problem now is that he just went ahead and already re-filed the application exactly as it was originally, without informing me it was even rejected, or making any change. He hasn’t chosen any electronic notification and my timeline is almost impossible as it is - my F-1 status expires in 3 weeks - so if it’s rejected again, I must leave the country and will have no status to adjust. Consular option is also no longer an option at this stage, so this AOS is my only hope.

I told the attorney I was concerned the package didn’t include my qualifications, but he said that wasn’t necessary; and the USCIS website doesn’t ask for it either. I feel he may have erred by omitting this and am wondering if I am correct, and if so, what can I do at this point to correct the problem.

Any advice would be deeply appreciated.
What kind of experience does your attorney have with DV cases?
Did you check the spreadsheet link on first post of this thread to compare with what was submitted in your application?
 
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