DV 2020 AOS Only

[Sm1smom]

hi ,

ı have sent my aos package at February and ı have done already with my fingerprints at march 12 since then ı was waiting for my interview to be schedule but cuz of pandemic issue uscıs office has been close so ı didnt received any letter since my fingerprint.
1. ıs there anything to do now or do ı need to just wait until uscıs offices are open again.
2. if uscıs offices wont open until September is it gonna affect us what do u guys think

thanks for help.

1. Wait and see, that’s all you can do for now.
2. Possibly. If you’re not approved by the end of the FY, that is the end of your petition unfortunately. It cannot be approved after Sept. 30th.

 

[MyFavouriteThings]

USCIS Offices Preparing to Reopen on June 4
On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is readying offices to reopen on or after June 4. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public while the offices are closed.

 

[SusieQQQ]

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L1 is a dual intent visa, which means a preconceived immigrant intent is allowed (this by extension applies to L2 as a derivative). The EO says nothing about being in the US prior to its effective in order to file AOS. So if you already have your L2 visa, I don’t suppose that will be an issue. (By the way, I purposely started my response by if you already have the L2 visa, you could enter to process AOS because of others who may be reading this - my above response is with regards to a dual intent visa, not just any NIV).

However, I see a couple of potential issues here:
1. You don’t currently have your L2 visa in this case you, you’ll have to apply for it when the embassy reopens (or is your US embassy currently open and processing NIV?) So there’s the time it will take to obtain the L2. What’s the possibility the EO wouldn’t already be over with a new interview date in place by the time you get your L2? Plus it’s not like being issued with a L2 is a forgone conclusion.
2. Your KCC file is already at the embassy considering you were already scheduled for an interview which got postponed due to the closure, that introduces some additional complications. You’ll need to convince KCC to retrieve your case file from KCC and forward it to whichever USCIS FO will have jurisdiction over your AOS petition (if you end up coming into the US and filing it), or maybe even work directly with the embassy in requesting the file transfer - so there’s the additional delay here also.

Those are my thoughts for now.

and the embassy will link the DV file with the L2 application for sure. Mom, even if L is dual intent, would they grant it with it being clear that the intent is to adjust on arrival in the US?

 

[Sm1smom]

and the embassy will link the DV file with the L2 application for sure. Mom, even if L is dual intent, would they grant it with it being clear that the intent is to adjust on arrival in the US?

Probably not, which is why I noted being granted a L2 visa shouldn’t be treated as a forgone conclusion.

 

[SusieQQQ]

Probably not, which is why I noted being granted a L2 visa shouldn’t be treated as a forgone conclusion.

Hm. This makes it sound like it could be done. Although as you say it could be moot & the 60 days up by the time this happens anyway.

9 FAM 402.12-15 TEMPORARINESS OF STAY

(CT:VISA-322; 04-07-2017)

L aliens are excluded by law from INA 214(b). In addition, INA 214(h) provides the fact that an alien has sought or will seek permanent residence in the United States does not preclude him or her from obtaining or maintaining L nonimmigrant status. The alien may legitimately come to the United States as a nonimmigrant under the L classification and depart voluntarily at the end of his or her authorized stay, and, at the same time, lawfully seek to become a permanent resident of the United States. Consequently, your evaluation of an applicant’s eligibility for an L visa must not focus on the issue of temporariness of stay or immigrant intent.

 

[Justine B]

I have been reading all the spreadsheet, the last 10 pages of the forum and the i485 instructions page. I m still not sure if can mail our AOS package to Chicago Lockbox without having the KCC DV fees receipt in the package. The i485 instruction say we do need the receipt, but some people on the forum says it work for them without the it, and others say the opposite... Could someone clarify? Thank you

 

[Sm1smom]

I have been reading all the spreadsheet, the last 10 pages of the forum and the i485 instructions page. I m still not sure if can mail our AOS package to Chicago Lockbox without having the KCC DV fees receipt in the package. The i485 instruction say we do need the receipt, but some people on the forum says it work for them without the it, and others say the opposite... Could someone clarify? Thank you

1. Yes, the receipt is required.
2. Yes, one could send the AOS package without the payment receipt, (with the plan of attending the interview with it when they get to that stage) and the package gets accepted by the Chicago Lockbox - a fortunate scenario which we’ve seen happened.
3. Yes, one could send the AOS package without the payment receipt, (with the plan of attending the interview with it when they get to that stage) and the package gets rejected as incomplete by the Chicago Lockbox - an unfortunate scenario which we’ve also seen happened - you just re-file with the receipt included in the new package if this were to happen.
4. Yes, one could send the AOS package without the payment receipt, (with the plan of attending the interview with it when they get to that stage) and the package gets accepted by the Chicago Lockbox - a fortunate scenario which we’ve seen happened. However, if the IO was planning on approving the petition without an interview, not having the receipt included with the sent package will prevent such an approval. You may get issued with a RFE in this case, or have to attend an interview which could have been avoided and would have resulted in getting an earlier approval.

Clear enough?

 

[Justine B]

1. Yes, the receipt is required.
2. Yes, one could send the AOS package without the payment receipt, (with the plan of attending the interview with it when they get to that stage) and the package gets accepted by the Chicago Lockbox - a fortunate scenario which we’ve seen happened.
3. Yes, one could send the AOS package without the payment receipt, (with the plan of attending the interview with it when they get to that stage) and the package gets rejected as incomplete by the Chicago Lockbox - an unfortunate scenario which we’ve also seen happened - you just re-file with the receipt included in the new package if this were to happen.
4. Yes, one could send the AOS package without the payment receipt, (with the plan of attending the interview with it when they get to that stage) and the package gets accepted by the Chicago Lockbox - a fortunate scenario which we’ve seen happened. However, if the IO was planning on approving the petition without an interview, not having the receipt included with the sent package will prevent such an approval. You may get issued with a RFE in this case, or have to attend an interview which could have been avoided and would have resulted in getting an earlier approval.

Clear enough?

Super clear, thank you for your time and clarification @Sm1smom

 

[Kentavar2397]

Hello, I have two unclear questions regarding a section from the AOS document submission and the DS-260.
Just to clarify, I'm an F-1 student currently studying in the US and my case number is EU309XX, which just became current in June. Since from the very beginning I knew that my case number is on the higher side, I didn't want to hurry in submitting any immigrant intent documents until my number becomes current and now looking at the unpredictable situation that is currently going on I'm glad that I didn't force the application process. But I still have hope for everybody that is applying this year and waiting for an interview to have a successful outcome at the end!
So the questions:
1. Since I didn't submit a DS-260 earlier, would it be too late now, and since I know that some people get away without submitting it, how important is the submission of the DS-260 for the AOS process, and would it hurt me if I don't submit it.
2. The second question is regarding the proof of sufficient income. Ever since I entered the US, my parents have been helping me financially in terms of living and school expenses. I do not have an SSN, nor have I worked in the US for the past three years. What form should I submit in this case and what am I supposed to show to the USCIS regarding my financial status.

Thank you so much Mom and the rest of you, this forum is extremely helpful!

 

[Sm1smom]

Hello, I have two unclear questions regarding a section from the AOS document submission and the DS-260.
Just to clarify, I'm an F-1 student currently studying in the US and my case number is EU309XX, which just became current in June. Since from the very beginning I knew that my case number is on the higher side, I didn't want to hurry in submitting any immigrant intent documents until my number becomes current and now looking at the unpredictable situation that is currently going on I'm glad that I didn't force the application process. But I still have hope for everybody that is applying this year and waiting for an interview to have a successful outcome at the end!
So the questions:
1. Since I didn't submit a DS-260 earlier, would it be too late now, and since I know that some people get away without submitting it, how important is the submission of the DS-260 for the AOS process, and would it hurt me if I don't submit it.
2. The second question is regarding the proof of sufficient income. Ever since I entered the US, my parents have been helping me financially in terms of living and school expenses. I do not have an SSN, nor have I worked in the US for the past three years. What form should I submit in this case and what am I supposed to show to the USCIS regarding my financial status.

Thank you so much Mom and the rest of you, this forum is extremely helpful!

1. It’s not too late to submit the DS260 form. Not submitting it wouldn’t hurt your AOS process. However we’ve always recommended it’s submission as it alerts the KCC in knowing you’re processing your selection via AOS.

2. Go through the AOS process spreadsheet.

 

[svgnhk]

1. Wait and see, that’s all you can do for now.
2. Possibly. If you’re not approved by the end of the FY, that is the end of your petition unfortunately. It cannot be approved after Sept. 30th.

but they have already taken my documents and ıt says it is in process if my number werent current before sept 30. then yes ı would lose it. but since my number is already current and they already have my documents also my fingerprints so ı thought ı should be fine even if we pass sept 30 am ı wrong?

 

[SusieQQQ]

but they have already taken my documents and ıt says it is in process if my number werent current before sept 30. then yes ı would lose it. but since my number is already current and they already have my documents also my fingerprints so ı thought ı should be fine even if we pass sept 30 am ı wrong?

No. The case has to be approved (or visa issued if doing it at a consulate) by 30 September.

from the FAQ section of the instructions: page 13 https://travel.state.gov/content/da...Translations/DV-2020-Instructions-English.pdf
The Department of State will not approve any visa numbers or adjustments of status for the DV-2020 program after midnight EDT on September 30, 2020, under any circumstances.

 

[Sm1smom]

but they have already taken my documents and ıt says it is in process if my number werent current before sept 30. then yes ı would lose it. but since my number is already current and they already have my documents also my fingerprints so ı thought ı should be fine even if we pass sept 30 am ı wrong?

Sorry, it doesn’t work that way. No approval by the end of the FY means end of that chapter.

 

[Daveid]

If you have a PO Box, you can list that as your mailing address - this ensures you don’t miss communications from USCIS after you move.

Moving to a new location after filing impacts AOS processing IF the new address falls under the jurisdiction of a FO different from that which a previous address falls under. That means USCIS will have to forward the AOS petition to the new FO with jurisdiction over the new address, this can often cause a significant delay

I totally undrestand, I will be moving to a different address within the same city. I will try to rent a PO box within the same zip code, however my question is while updating Ds260 and AR11 form, should i put the pobox address or the exact address in those form? Bcz if i put my exact location there then there would be conflicting. I appreciate your comment. thanks

 

[Sm1smom]

I totally undrestand, I will be moving to a different address within the same city. I will try to rent a PO box within the same zip code, however my question is while updating Ds260 and AR11 form, should i put the pobox address or the exact address in those form? Bcz if i put my exact location there then there would be conflicting. I appreciate your comment. thanks

There’s no need to update the DS260 form. The forms you send in for AOS are the most important ones going forward. Whatever address is currently listed on the DS260 is irrelevant. Figure out what to put on the AR11 on your own.

 

[Daveid]

There’s no need to update the DS260 form. The forms you send in for AOS are the most important ones going forward. Whatever address is currently listed on the DS260 is irrelevant. Figure out what to put on the AR11 on your own.

Thank you very much, then it is best option for me to rent an a PO bOx only to secure communicating for AOS with USCIS. Because i am planning to submit my application by the beginning of May and we will move by June, then it gonna be hard track my mails. I appreciate your answer again.

 

[svgnhk]

Sorry, it doesn’t work that way. No approval by the end of the FY means end of that chapter.

ı understand. but what is the reason do u guys think that they made the bulletin current.cuz they weren't even able to take us to interview since middle of march now they extend the number to current also according to uscıs they wont open the offices until June 4. it doesn't make sense

 

[SusieQQQ]

ı understand. but what is the reason do u guys think that they made the bulletin current.cuz they weren't even able to take us to interview since middle of march now they extend the number to current also according to uscıs they wont open the offices until June 4. it doesn't make sense

The bulletin is made current because they think there are enough visas/visa numbers available for all those who want DV visas. it would make less sense to restrict numbers and deny those above a cutoff a chance to apply for a visa when there were plenty available.

That is a separate decision from when offices open - also bear in mind KCC/DoS are actually a separate department from USCIS. Also, the vast majority of DV applicants go via consular processing not AOS. AOS is maybe 1000-1500 out of 50000 visa in a typical year.

 

[Yurii_Kiev]

Hey, Sm1mom

Apologies for dumb question, but you know, things are turned bad to DV2020 winners after Trump's EO, so looking for any option that will let me get a GC this year.

Given:
My DV chargability area is Ukraine. My CN is current starting from May.
Also I am a citizen of EU.

So the question is:
Is there any option for me to travel to the US now as a EU citizen using ESTA visa and then apply for the AOS?

Regards

 

[svgnhk]

The bulletin is made current because they think there are enough visas/visa numbers available for all those who want DV visas. it would make less sense to restrict numbers and deny those above a cutoff a chance to apply for a visa when there were plenty available.

That is a separate decision from when offices open - also bear in mind KCC/DoS are actually a separate department from USCIS. Also, the vast majority of DV applicants go via consular processing not AOS. AOS is maybe 1000-1500 out of 50000 visa in a typical year.

yes ı know that too but didnt trump said that they are not going to accept green card applications from outside of USA