DV 2019 AOS Only

[Brown444]

Thanks @Sm1smom

@Sm1smom, Few quick questions to make sure that there are no loose ends after receiving the green card.

I understand that after getting the green card, the EAD and Advance Parole (AP) become useless documents (as you have clearly mentioned in the spreadsheet too).

As expected we received the green card before EAD and AP.

So,

1) Do we have to do any thing about our pending I-765 and I-131 applications, such as requesting to withdraw those?

2) Or can we simply ignore those applications?


3) My spouse's name appears in the passport in following format.

Surname: <Surname>

Given Name: <First_Name> <Middle_Name_01> <Middle_Name_02>


However, in GC it appears as,

Surname: <Surname> (exactly matching with passport and looks good)

Given Name: <First_Name> <Initial_of_Middle_Name_01> (there is nothing included about the Middle_Name_02)


Is above name formatting OK and common?

 

[Sm1smom]

@Sm1smom, Few quick questions to make sure that there are no loose ends after receiving the green card.

I understand that after getting the green card, the EAD and Advance Parole (AP) become useless documents (as you have clearly mentioned in the spreadsheet too).

As expected we received the green card before EAD and AP.

So,

1) Do we have to do any thing about our pending I-765 and I-131 applications, such as requesting to withdraw those?

2) Or can we simply ignore those applications?


3) My spouse's name appears in the passport in following format.

Surname: <Surname>

Given Name: <First_Name> <Middle_Name_01> <Middle_Name_02>


However, in GC it appears as,

Surname: <Surname> (exactly matching with passport and looks good)

Given Name: <First_Name> <Initial_of_Middle_Name_01> (there is nothing included about the Middle_Name_02)


Is above name formatting OK and common?

1 & 2. You don’t have to do anything, those petitions will die a natural death. Even if they get approved and eventually show up in the next couple of weeks, they’re invalid based on your current status.

3. That is the normal/standard format. The back however should show all the names. Flip the card over and see what’s written there.

 

[Brown444]

1 & 2. You don’t have to do anything, those petitions will die a natural death. Even if they get approved and eventually show up in the next couple of weeks, they’re invalid based on your current status.

3. That is the normal/standard format. The back however should show all the names. Flip the card over and see what’s written there.

Thanks @Sm1smom for the advice!

I checked the back of my spouse's card. It has only first name and surname as follows.
<Surname> <First_Name>

My spouse's name is a really long name as follows :-O.

Surname: 20 letters long
First Name: 8 letters long
Middle Name 01: 8 letters long
Middle Name 02: 6 letters long

Total length of full name with spaces: 45 letters

May be that can be the reason.

Will that be an issue, when we travel outside USA and come back etc.?

 

[Tommasi80]

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.

Hi Mom,
Decision time has come.
I have received my IL for Aug 05.

I will be in hospital on that date for sure. Since my treatment is chemotherapy and my immune system is right now at zero and and that time it won't be much better, they will not let me out for sure.

Right now I dont have any better idea than try to reschedule it supporting with medical documents.
My brother says he will contact a lawyer, if there is anything can be done.

If you have any input, I would appreciate that.

 

[Sm1smom]

Thanks @Sm1smom for the advice!

I checked the back of my spouse's card. It has only first name and surname as follows.
<Surname> <First_Name>

My spouse's name is a really long name as follows :-O.

Surname: 20 letters long
First Name: 8 letters long
Middle Name 01: 8 letters long
Middle Name 02: 6 letters long

Total length of full name with spaces: 45 letters

May be that can be the reason.

Will that be an issue, when we travel outside USA and come back etc.?

They probably have character limitation on the GC, like they do for SSN. It however doesn’t mean the middle names are not currently in the system and associated with your spouse. Using the GC as is when you travel will not be an issue.

 

[Sm1smom]

Hi Mom,
Decision time has come.
I have received my IL for Aug 05.

I will be in hospital on that date for sure. Since my treatment is chemotherapy and my immune system is right now at zero and and that time it won't be much better, they will not let me out for sure.

Right now I dont have any better idea than try to reschedule it supporting with medical documents.
My brother says he will contact a lawyer, if there is anything can be done.

If you have any input, I would appreciate that.

Again sorry to learn of your health issue. Your only option is to reschedule your interview by requesting a new appointment date, hopefully you get a new date before the end of the FY.

I suggest you provide them with a detailed explanation as to why you can’t come in on August 5th as scheduled, possibly include a note from your doctor(?) and maybe they may be moved to reschedule you before the end of the FY.

 

[Tommasi80]

Again sorry to learn of your health issue. Your only option is to reschedule your interview by requesting a new appointment date, hopefully you get a new date before the end of the FY.

I suggest you provide them with a detailed explanation as to why you can’t come in on August 5th as scheduled, possibly include a note from your doctor(?) and maybe they may be moved to reschedule you before the end of the FY.

Thank you Mom,
Yes, right now rescheduling my only option.

Here is what I think I am going to do.
I will definitely ask for a letter from my doctor that my hospitalization duration is unknown at this time, also I ask for another letter that shows I am part of a medicine trial which is very important in curing this disease and they hope I would be granted for the GC. I think they can write this for me.

I will gather all other requested documents which are in the IL then attach everything my rescheduling letter.

Also I am going to attach a cover letter written by an attorney or myself.
Stating that I am not able to show up on the date because of my medical condition.
Also if you are satisfied with the now and previously sent documents, please consider the possibility of having the case approved without an interview due to this circumstances.
If not able to do so please make sure our new appointment will be before Sept 30.

I think, I have nothing to lose sending this cover letter at this point.

 

[vadrouille]

Thank you Mom,
Yes, right now rescheduling my only option.

Here is what I think I am going to do.
I will definitely ask for a letter from my doctor that my hospitalization duration is unknown at this time, also I ask for another letter that shows I am part of a medicine trial which is very important in curing this disease and they hope I would be granted for the GC. I think they can write this for me.

I will gather all other requested documents which are in the IL then attach everything my rescheduling letter.

Also I am going to attach a cover letter written by an attorney or myself.
Stating that I am not able to show up on the date because of my medical condition.
Also if you are satisfied with the now and previously sent documents, please consider the possibility of having the case approved without an interview due to this circumstances.
If not able to do so please make sure our new appointment will be before Sept 30.

I think, I have nothing to lose sending this cover letter at this point.

Hi Tommasi,

What you could also do, is to brief your Congresswoman or Congressman on your situation. The office of my Congresswoman has been very welcoming. Should this go sideways, after your reschedule request, they would have already been aware of the situation or even help in the first place.

Regards,

 

[Tommasi80]

Hi Tommasi,

What you could also do, is to brief your Congresswoman or Congressman on your situation. The office of my Congresswoman has been very welcoming. Should this go sideways, after your reschedule request, they would have already been aware of the situation or even help in the first place.

Regards,

I might try this, thank you

 

[Brown444]

They probably have character limitation on the GC, like they do for SSN. It however doesn’t mean the middle names are not currently in the system and associated with your spouse. Using the GC as is when you travel will not be an issue.

Thanks @Sm1smom! Yes, that can be the reason. Even in the SSN of my spouse, they did not have enough space to add the second middle name.

 

[Angel87]

Hi, Mom.
I'm still in the process of waiting. And I'm starting to worry because it's taking too long. I received an email from " As of March 13, 2019, we completed our review of your fingerprints and are working on your Form I-485, Application to Register Permanent Residence or Adjust Status, receive Number SRC***********, at our Texas Service Center location. We will let you know if we make a decision or need anything from you. "
And today is July 22 and there are no more letters from them.
How long do you think I can wait for them to answer? Or do I have to do something already?

Thanks for your answers for us! It's valuable!

 

[Sm1smom]

Hi, Mom.
I'm still in the process of waiting. And I'm starting to worry because it's taking too long. I received an email from " As of March 13, 2019, we completed our review of your fingerprints and are working on your Form I-485, Application to Register Permanent Residence or Adjust Status, receive Number SRC***********, at our Texas Service Center location. We will let you know if we make a decision or need anything from you. "
And today is July 22 and there are no more letters from them.
How long do you think I can wait for them to answer? Or do I have to do something already?

Thanks for your answers for us! It's valuable!

When did you receive this email? Why was the email sent - did you send in a status request inquiry l?

 

[Angel87]

When did you receive this email? Why was the email sent - did you send in a status request inquiry l?

Sorry, I spelled it wrong.
I received this letter in an envelope in March.

 

[Sm1smom]

Sorry, I spelled it wrong.
I received this letter in an envelope in March.

I asked if you did a status inquiry before receiving this feedback or not, you didn’t answer. Did you do an online inquiry? Did your Congress person follow up with USCIS on your behalf? This is an unusual update, hence the questions. Accurately answering the questions asked helps us provide proper response/guidance.

 

[Angel87]

I asked if you did a status inquiry before receiving this feedback or not, you didn’t answer. Did you do an online inquiry? Did your Congress person follow up with USCIS on your behalf? This is an unusual update, hence the questions. Accurately answering the questions asked helps us provide proper response/guidance.

I asked if you did a status inquiry before receiving this feedback or not, you didn’t answer. Did you do an online inquiry? Did your Congress person follow up with USCIS on your behalf? This is an unusual update, hence the questions. Accurately answering the questions asked helps us provide proper response/guidance.
I didn't make any requests. I sent a package of AOS documents to Chicago 03/01/19 and received two letters back. The first letter is a confirmation of receipt of my AOS package of documents. The second letter from 03/13/19 was that we do not need to go through the fingerprint procedure because we are waiting for political asylum and the fingerprint procedure has been passed before. Just this.

 

[Sm1smom]

I asked if you did a status inquiry before receiving this feedback or not, you didn’t answer. Did you do an online inquiry? Did your Congress person follow up with USCIS on your behalf? This is an unusual update, hence the questions. Accurately answering the questions asked helps us provide proper response/guidance.
I didn't make any requests. I sent a package of AOS documents to Chicago 03/01/19 and received two letters back. The first letter is a confirmation of receipt of my AOS package of documents. The second letter from 03/13/19 was that we do not need to go through the fingerprint procedure because we are waiting for political asylum and the fingerprint procedure has been passed before. Just this.

Now this helps in putting things in perspective.

Schedule an INFOPASS appointment to follow up in person with your FO (assuming your FO still allows online INFOPASS scheduling). If your FO no longer allows online INFOPASS scheduling, contact your Congress person and request their assistance with following up on your case with your FO.

 

[Nickystardust]

Hi Mom, I'm after some help. I've read the spreadsheet and searched the forum but I'm still a little confused.

My wife is a DV Lottery recipient and I'm her derivative. We both live in Brooklyn, NY and are on O-1 visas currently. Our DV Lottery number became active in Nov. We filed our I-485 in Feb, conducted our Biometric exam in March and are now waiting for our interview. We've become a little anxious, because we were of the understanding that DV Lottery-based AoS have to be completed within the year that the recipient was selected. However, we called USCIS today and the officer stated that we only needed to submit the paperwork (I-485) before the cut-off (September 30, 2019). Based on our conversation with the USCIS officer, we have a couple of questions for you. Can you please assist?

• The USCIS officer said that we DO NOT need to have the AoS application approved by September 30, 2019, only started. Is this correct?
• The officer stated that our status is no longer considered O-1 because we have filed to AoS (I-485). They stated we can therefore remain in the US beyond our current O-1 visa (which expires on Oct 31, 2019) while we wait for the GC to be approved. Is this correct?
• Do we need to file any paperwork to ensure we can continue to work after Oct 31, 2019 when our current O-1 visas expire? The officer mentioned a form called I-765, but stated that our I-485 application will now likely be approved before an I-765 application.

Thanks

 

[Sm1smom]

Hi Mom, I'm after some help. I've read the spreadsheet and searched the forum but I'm still a little confused.

My wife is a DV Lottery recipient and I'm her derivative. We both live in Brooklyn, NY and are on O-1 visas currently. Our DV Lottery number became active in Nov. We filed our I-485 in Feb, conducted our Biometric exam in March and are now waiting for our interview. We've become a little anxious, because we were of the understanding that DV Lottery-based AoS have to be completed within the year that the recipient was selected. However, we called USCIS today and the officer stated that we only needed to submit the paperwork (I-485) before the cut-off (September 30, 2019). Based on our conversation with the USCIS officer, we have a couple of questions for you. Can you please assist?

• The USCIS officer said that we DO NOT need to have the AoS application approved by September 30, 2019, only started. Is this correct?
• The officer stated that our status is no longer considered O-1 because we have filed to AoS (I-485). They stated we can therefore remain in the US beyond our current O-1 visa (which expires on Oct 31, 2019) while we wait for the GC to be approved. Is this correct?
• Do we need to file any paperwork to ensure we can continue to work after Oct 31, 2019 when our current O-1 visas expire? The officer mentioned a form called I-765, but stated that our I-485 application will now likely be approved before an I-765 application.

Thanks

1. Nope, not correct. The person you spoke with has no understanding of the DV based AOS process petition. All DV based AOS petition MUST be approved on or before the last day of its applicable FY, September 30th, 2019 in this case. The petition, if still pending after September 30th, can no longer be approved.

2. Again, the USCIS provided inaccurate information. Your O1 status is still valid, you are still in O1 even with your pending AOS petition. You roll over to adjustment pending only if your current I-94 which determines your granted duration of stay has expired. If your AOS petition is not approved by COB September 30th, you continue to be in your O1 status until it expires on October 31st.

3. Any DV based I-765 you file expires/becomes invalid after September 30th also, just like the DV based AOS petition. Without an approved extension of status, you’ll need to stop working once your current O1 status expires, assuming your AOS petition wasn’t approved by September 30th.

 

[Nickystardust]

1. Nope, not correct. The person you spoke with has no understanding of the DV based AOS process petition. All DV based AOS petition MUST be approved on or before the last day of its applicable FY, September 30th, 2019 in this case. The petition, if still pending after September 30th, can no longer be approved.

2. Again, the USCIS provided inaccurate information. Your O1 status is still valid, you are still in O1 even with your pending AOS petition. You roll over to adjustment pending only if your current I-94 which determines your granted duration of stay has expired. If your AOS petition is not approved by COB September 30th, you continue to be in your O1 status until it expires on October 31st.

3. Any DV based I-765 you file expires/becomes invalid after September 30th also, just like the DV based AOS petition. Without an approved extension of status, you’ll need to stop working once your current O1 status expires, assuming your AOS petition wasn’t approved by September 30th.

Thank you, this is extremely helpful. The USCIS officer spoke to several supervisors and they all got it wrong :-(

 

[Joshua1]

Just got a very nice call from a USCIS officer who set up my interview for August 5th. Considering I only did my biometrics last week, this is obviously super fast, which is great.

One question for Mom and co - the original birth certificate I have is short-form (i.e. it doesn't list out parents names). Applying for a long-form certificate from my country takes over a year to arrive, so this was never an option. I have an affidavit notarized in my home country stating all the relevant details, as well as my high school certificate. Do you know if this will be sufficient, or whether additional documents would be necessary?

Thanks!