DV 2020 AOS Only

[Alexey]

I’m sorry I don’t understand the “next 90 days”you’re referring to. It makes no sense as you have it here. The way you’re asking your question is out of context.

After I did an online request I received a respond via email. In the email they mentioned that my case is still pending and I should receive a follow up in the next 90 days.
In this case, should I consider the email as their response or the follow up that I should receive in next 90 days.
I hope it’s better explained now.

 

[Sm1smom]

After I did an online request I received a respond via email. In the email they mentioned that my case is still pending and I should receive a follow up in the next 90 days.
In this case, should I consider the email as their response or the follow up that I should receive in next 90 days.
I hope it’s better explained now.

That is a response to your online request.

 

[Sm1smom]

Hi Sm1smom,

I'm trying to follow this thread but I believe I missed this topic. Can you give some insights regarding congressional inquiry and Ombudsman’s assistance? What is this and when we can use it? Sorry if it is a silly question....

Those are two ways of doing case follow up for cases that have been pending outside of the normal processing time - these options are typically used after the interview in a situation where the final adjudication has been pending for a while.

I don’t recommend those who filed just before or after USCIS closure due to COVID-19 explore this options, you will basically be wasting the resources you may eventually need later on. This is because the delay you’re experiencing is not unusual at the moment, at least wait for USCIS to resume full operation.

Congressional follow up inquiry, find your US House of Rep, reach out to them and ask for their help with USCIS case follow up.

Ombudsman case follow up process

 

[Sero1033]

Those are two ways of doing case follow up for cases that have been pending outside of the normal processing time - these options are typically used after the interview in a situation where the final adjudication has been pending for a while.

I don’t recommend those who filed just before or after USCIS closure due to COVID-19 explore this options, you will basically be wasting the resources you may eventually need later on. This is because the delay you’re experiencing is not unusual at the moment, at least wait for USCIS to resume full operation.

Congressional follow up inquiry, find your US House of Rep, reach out to them and ask for their help with USCIS case follow up.

Ombudsman case follow up process

I gotcha. Thank you for your explanation. In my case, I filed AOS at the end of May, so, I don't believe my case will be out of the normal processing time even in September. Does it mean I should not consider this resources at all? Thanks in advance!

 

[Sm1smom]

I gotcha. Thank you for your explanation. In my case, I filed AOS at the end of May, so, I don't believe my case will be out of the normal processing time even in September. Does it mean I should not consider this resources at all? Thanks in advance!

Definitely explore the congressional option from July ending if others who filed around the same time as you are getting updates and you aren’t.

 

[Sero1033]

Definitely explore the congressional option from July ending if others who filed around the same time as you are getting updates and you aren’t.

Thank you!

 

[justin5566]

To add to this- when I spoke to the KCC about switching my CP to AoS, I was advised it would happen automatically, when DV payment was received; and sure enough, after they received my payment, and before my receipt arrived, I received an email from them, confirming AoS.



Having recently done this, I recommend you read through the I-485 and I-944 (and other relevant forms to you) instructions, carefully noting all the evidence/documentation you'll need to provide, and begin gathering it ASAP. I filled out the forms in an afternoon, but I spent a few weeks waiting for DV fee receipt, credit letters, my medical, and other documentation, which was not on hand. Also carefully check your application/signatures/attachments before submitting the AoS package, because a rejection/RFE will seriously slow things down, and affect your chances, at this point in the year.



AoS is not affected. Quoting from BritSimonSays' latest post, on his blog:

Thanks @Sm1smom and @AoShole for the info.
After I sent the CP to AOS email to KCC, can I send out the DV process payment before receiving any reply? Don't I need to wait for the "Receive the email from KCC confirming your intention to do AOS (2nd NL)" step 4 in the spreadsheet ? Do I need to include the SASE when I mailed my payment?

 

[skip1]

Quick question
While I'm waiting for biometrics appointment, got all the time in the world to overthink every single thing
Here is my timeline.
Got picked up in lottery in May 2019. Outside of the US at that moment.
In July 2019 I interviewed for F-1 visa. Was asked about "immigration petition" by officer there and I confirmed that I played and won the lottery. Got approved nonetheless.
Entered US in August 2019. Filed DS 260 in November but with intention of performing Consular processing.
Flashforward to April 2019. Covid19 happens. Ban happens. Embassies close.
I switch from CP to AOS. When I switched, in the mail I sent to KCC I explained that the reason for switching is due to COVID-19 and not being able to fly.

While I am pretty sure that I have not shown ANY preconceived intention of using NIV to obtain GC during this whole process, is it possible that I might have an issue, or is this thinking just a result of waaay too much overthinking?

 

[rabey]

Got picked up in lottery in May 2019. Outside of the US at that moment.

This was recently discussed in 2021AOS tread but You might check this official link. and read "There are, however, a small number of lottery winners each year who, at the time of “winning the lottery,” are residing in the United States in a nonimmigrant or other legal status ".
In here Susie is right, AFAIR from one of the previous tread there was one denial.

 

[skip1]

This was recently discussed in 2021AOS tread but You might check this official link. and read "There are, however, a small number of lottery winners each year who, at the time of “winning the lottery,” are residing in the United States in a nonimmigrant or other legal status ".
In here Susie is right, AFAIR from one of the previous tread there was one denial.

My question was actually inspired by discussion in that 2021 thread.
I know about that official link. I wasn't present in US when I "won the lottery", meaning when results were out. I'm not sure if that is factor that can lead to denial.
Truth is that, yes, I have entered country knowing I'm going to pursue GC (and I have even disclosed that information to visa officer in the embassy as well), but my intention was never to do it through AOS (this path is literally the last one that I thought I would be taking) and the fact that I have filed ds260 and even supporting KCC documents and chosing consular processing there prove my point I hope.
I also read that USCIS usually uses 90 day rule in these case and I'm out of that scope as well since I filed AOS officially in June this year and switched from CP to AOS in April.
Btw, do you recall the details of that denial?

 

[SusieQQQ]

My i wasn't present in US when I "won the lottery", meaning when results were out. I'm not sure if that is factor that can lead to denial.

Yes, we saw a denial on this basis. I think we were all surprised, as people have certainly successfully adjusted after having moved to the US after selection, but technically there was no basis to argue the decision as I recall. I do not recall who or exactly when it was. mom has a better memory/better search capacity than me and may be able to track down the post/discussion.

in general for your case I would think you clearly had no initial intent to adjust and should be ok... as long as you don’t get the same interviewing Officer.

 

[Sm1smom]

Quick question
While I'm waiting for biometrics appointment, got all the time in the world to overthink every single thing
Here is my timeline.
Got picked up in lottery in May 2019. Outside of the US at that moment.
In July 2019 I interviewed for F-1 visa. Was asked about "immigration petition" by officer there and I confirmed that I played and won the lottery. Got approved nonetheless.
Entered US in August 2019. Filed DS 260 in November but with intention of performing Consular processing.
Flashforward to April 2019. Covid19 happens. Ban happens. Embassies close.
I switch from CP to AOS. When I switched, in the mail I sent to KCC I explained that the reason for switching is due to COVID-19 and not being able to fly.

While I am pretty sure that I have not shown ANY preconceived intention of using NIV to obtain GC during this whole process, is it possible that I might have an issue, or is this thinking just a result of waaay too much overthinking?

I don’t expect your case to have an issue based on this. You clearly did not enter the US on a NIV with a preconceived intent of filing AOS as demonstrated by the initial CP selection on your DS260 form back in Nov. 2019.

 

[Sm1smom]

Yes, we saw a denial on this basis. I think we were all surprised, as people have certainly successfully adjusted after having moved to the US after selection, but technically there was no basis to argue the decision as I recall. I do not recall who or exactly when it was. mom has a better memory/better search capacity than me and may be able to track down the post/discussion.

in general for your case I would think you clearly had no initial intent to adjust and should be ok... as long as you don’t get the same interviewing Officer.

Yes we’ve had one reported denial a couple of years based on the selectee not being in the US at the time of their DV selection. I don’t currently recall the year or the name, but I do remember the case considering it was wrongly denied. Those going through the old threads will come across the discussions.

The IO was power tripping IMO when they applied the residing in the US at the time of selection clause. The selectee in that case was a student already residing in the US prior to DV results being released who had gone home for a visit. Results came out while he was out visiting, he returned to the US shortly after that as planned to resume schooling and subsequently filed AOS when his CN became current. The IO wasn’t moved by the fact that he was already living in the US prior to the results being released, his argument was that the selectee was not physically present in the US when they found out about their selection.

 

[930]

I currently have an E3 visa.
My wife has an E3 Dependent visa
My first son (6yo) has an E3 Dependent visa
My second son (2yo) was born in the US and is USC.
We are all currently in US.

I incorrectly submitted a DS-260 for my second son who is USC. (I understand now that no AOS was necessary for him).
I answered 'No' to 'Is the child immigrating to the US with you?' on both my and my wife's DS-260.

I need to submit payment for DV Administrative Fees, and my understanding is that I need to pay 3 x $330 (for AOS for me, wife and first son).

I'd like to I minimize confusion at this late stage of DV2020;
- Can/should I cancel or void the DS-260 for second son?
- Should I pay 3x $330 and assume no confusion will exist over second son's DS-260 being superfluous and not chargeable?
- Should I pay 4x $330 so that there is a 1:1 relationship between DS-260s and $330 fees in our application? (and just accept the overcharge)

Appreciate your advice. Thanks

 

[yesca]

I got a notification today that my card is being produced.
- I previously had an interview appointment for Mar 18 but it was cancelled due to COVID. I think it's safe to assume that like @Giovanna my case was approved without an interview
- Thank you @Sm1smom for all the information you have generously shared, I really appreciate all the help from the spreadsheet and your insights on the forum

 

[Sully]

I got a notification today that my card is being produced.
- I previously had an interview appointment for Mar 18 but it was cancelled due to COVID. I think it's safe to assume that like @Giovanna my case was approved without an interview
- Thank you @Sm1smom for all the information you have generously shared, I really appreciate all the help from the spreadsheet and your insights on the forum

Thats awesome news! congrats!

 

[dsap]

I got a notification today that my card is being produced.
- I previously had an interview appointment for Mar 18 but it was cancelled due to COVID. I think it's safe to assume that like @Giovanna my case was approved without an interview
- Thank you @Sm1smom for all the information you have generously shared, I really appreciate all the help from the spreadsheet and your insights on the forum

Congratulations on being GCH. Please update the spreadsheet and let us know when you receive the GC.

 

[James512]

I got a notification today that my card is being produced.
- I previously had an interview appointment for Mar 18 but it was cancelled due to COVID. I think it's safe to assume that like @Giovanna my case was approved without an interview
- Thank you @Sm1smom for all the information you have generously shared, I really appreciate all the help from the spreadsheet and your insights on the forum

Yay, Congratulations!!
Your Field office is Dallas, right?

 

[Sero1033]

I got a notification today that my card is being produced.
- I previously had an interview appointment for Mar 18 but it was cancelled due to COVID. I think it's safe to assume that like @Giovanna my case was approved without an interview
- Thank you @Sm1smom for all the information you have generously shared, I really appreciate all the help from the spreadsheet and your insights on the forum

Congratulations!!!! That's good news!

 

[yesca]

Yay, Congratulations!!
Your Field office is Dallas, right?

Yes it is