DV 2020 AOS Only
- Thread starter Sm1smom
- Start date
Definitely, will do
But my interview letter has mentioned to bring I-864. I hope it is generic notice for all category and i hope the IO doesnot ask for I-864 instead?
Alexey
Member
Unfortunately I can’t send email to my congressman for some reason. And they won’t answer their office phone... I submitted an online request with federal agency follow up, but I never received any email from them or anything to follow up on it so I guess that didn’t work either. I was thinking now about stopping at their office, maybe I’ll get lucky and someone will actually be there to assist me...
Sm1smom
Super Moderator
Didn’t I already mention the IL is a generic one when you were asking about the “initial interview” referenced on it? Go ahead and prepare an I-864 if it makes you feel better prepared. I look forward to reading about it.
MNA2020
Active Member
Nope, nothing so far... One (@Lucky2020) got his GC recently but he filed it way back in Dec.
Today I received both interviews and biometric letters from the Phoenix office. As it was mentioned before both are scheduled for the next Wed.
1. I never received my NOA letter, the one which supposed to arrived almost by the same time as the biometric letter. DO I need the NOA letter for my interview? What should I do that I do not have it?
2. It is clearly said in my interview that you need to bring your affidavit of support (form I-864). I know it is mentioned in Google sheet that I should refer to the Foreign Affairs Manual, as I filed I-134. Had anyone experience with this?
PS: I just checked the Foreign Affairs Manual in Google Sheet, there is nowhere that it says the things it is mentioned in lines 26 and 27 of the Google sheet!!! Did I made a mistake as I filed I-134?!
3. Do I also need to fill out the form I-944, declaration of self-sufficiency, and take with me to the interview??
4. DO I need to myself/my sponsor fill out the form I-864 and I take to the interview?
1. I never received my NOA letter, the one which supposed to arrived almost by the same time as the biometric letter. DO I need the NOA letter for my interview? What should I do that I do not have it?
2. It is clearly said in my interview that you need to bring your affidavit of support (form I-864). I know it is mentioned in Google sheet that I should refer to the Foreign Affairs Manual, as I filed I-134. Had anyone experience with this?
PS: I just checked the Foreign Affairs Manual in Google Sheet, there is nowhere that it says the things it is mentioned in lines 26 and 27 of the Google sheet!!! Did I made a mistake as I filed I-134?!
3. Do I also need to fill out the form I-944, declaration of self-sufficiency, and take with me to the interview??
4. DO I need to myself/my sponsor fill out the form I-864 and I take to the interview?
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Sm1smom
Super Moderator
1. The NOA is meant for your records, it’s the proof of filing which you would have needed assuming something went wrong with your case of USCIS subsequently misplaced your file prior to your interview. You can still file a Non Delivery of Notice though.
2. Which Google sheet says you should refer to the Foreign Affairs manual, and which section of the FAM? What precisely do these lines 26 and 27 say? You really need to be specific.
3. Did you file AOS on or after Feb. 24th? If the answer is no, form I-944 is not applicable to you.
4. For the umpteenth time, I-864 is not applicable to DV based AOS cases.
Sm1smom
Super Moderator
For those stressing about their IL asking them to bring an I-864 and wouldn’t believe that IL is a generic one, here’s what 9FAM 302.8 (Manual for COs adjudicating CP cases) says:
(U) Applicants Without Sponsors: Not all immigrant visa categories require or permit the applicants to have a sponsor (e.g., the diversity visa). As in other IV cases, you should review the totality of these applicants' circumstances to assess the likelihood of their becoming a public charge. In the case of a DV applicant, the DV program requires a certain level of education or work experience (see 9 FAM 502.6-3), which are minimum standards and must be considered in the totality of the DV applicant’s circumstances to determine his or her likelihood of becoming a public charge at any time in the future. These applicants are not permitted to submit form I-864; thus, consular officers will rely on Form DS-5540, Public Charge Questionnaire, and consider the totality of circumstances to make a public charge determination.
(U) Applicants Without Sponsors: Not all immigrant visa categories require or permit the applicants to have a sponsor (e.g., the diversity visa). As in other IV cases, you should review the totality of these applicants' circumstances to assess the likelihood of their becoming a public charge. In the case of a DV applicant, the DV program requires a certain level of education or work experience (see 9 FAM 502.6-3), which are minimum standards and must be considered in the totality of the DV applicant’s circumstances to determine his or her likelihood of becoming a public charge at any time in the future. These applicants are not permitted to submit form I-864; thus, consular officers will rely on Form DS-5540, Public Charge Questionnaire, and consider the totality of circumstances to make a public charge determination.
Pascale_20EU36k
Member
Hello everyone,
I have been reading this thread since the DV selection in May 2019.
First of all I would like to thank you all for the amount of clarifications and personal experience you brought about the DV process. It really helped as I had no idea of where to start.
In any case, here is my current timeline:
3/20/20: Paid DV administrative fee
4/17/20: DV back receipt received
5/18/20: Performed medical exam
5/22/20: Received complete Civil surgeon form, sealed + copy I can view
6/11/20: Shipped AOS package to Chicago lockbox (FedEx)
6/12/20: AOS package delivered to Chicago lockbox
6/23/20: Check cashed
6/30/20: NOA received in the mail
6/15/20: Interview Letter received
8/4/20: Interview scheduled
I already updated the timeline spreadsheet.
Honestly I hope I receive the Biometrics Letter by the interview. My Field Office is Santa Ana, CA.
I will keep posting updates about my case.
Let's remain positive as things start to move forward.
I have been reading this thread since the DV selection in May 2019.
First of all I would like to thank you all for the amount of clarifications and personal experience you brought about the DV process. It really helped as I had no idea of where to start.
In any case, here is my current timeline:
3/20/20: Paid DV administrative fee
4/17/20: DV back receipt received
5/18/20: Performed medical exam
5/22/20: Received complete Civil surgeon form, sealed + copy I can view
6/11/20: Shipped AOS package to Chicago lockbox (FedEx)
6/12/20: AOS package delivered to Chicago lockbox
6/23/20: Check cashed
6/30/20: NOA received in the mail
6/15/20: Interview Letter received
8/4/20: Interview scheduled
I already updated the timeline spreadsheet.
Honestly I hope I receive the Biometrics Letter by the interview. My Field Office is Santa Ana, CA.
I will keep posting updates about my case.
Let's remain positive as things start to move forward.
That's great news for you, and encouraging for me, too- our timelines are very similar (my package was delivered 6 days after yours), and I'll be in the LA FO, a few miles from you, although as of two days ago, my case was still with the NBC. Good luck!
Could I kindly trouble you to check your MyUSCIS, and confirm what information it shows, for the history of your case- some members have reported seeing updates, whereas others have not.
I am talking about the "AOS Process and Documents_Updated" sheet "Interview Tips" Line 23-27 for Affidavit of Support. Specifically line 26 and 27Where it is said, "Draw the IO's attention to section 3 (b) (u). I could not find anywhere in 9 FAM 502.6-3), where it says "the I1864 is not required for I864 DV". and line 27 where it says Section 3 (u) use of form I-134.
I see your point and I trust you that I-134 is what we needed to submit. My only point is that, if the officer insists, then where exactly should I point to in this manual and say I could file I-134. (I see the section you mentioned, (U) Applicants Without Sponsors, and probably show them this section if they request.)
SusieQQQ
Well-Known Member
The officer will know i864 is not applicable to DV. All you have to do is look at the instructions for i864 by the way to see who it is applicable for.
Right on the front page: https://www.uscis.gov/sites/default/files/files/form/i-864instr-pc.pdf
Who Needs to Submit Form I-864?
The following immigrants are required by law to submit Form I-864 completed by the petitioner to obtain an immigrant visa overseas or to adjust status to that of a lawful permanent resident in the United States:
1. All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S. citizens 21 years of age and older);
2. All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens 21 years of age and older); and
3. Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition.
Sm1smom
Super Moderator
Now I see what you mean. It is a lot easier to answer your questions now compared to your previous post.
Apparently 9FAM has been updated since the spreadsheet was put together and that part of the spreadsheet hasn’t been updated accordingly. Section 3(b)(u) has now been replaced with section 6(u) which also says:
(6) (U) Public Charge: While many categories of immigrants must submit the legally binding Form I-864, Affidavit of Support Under Section 213A of the Act, the DV category is not one of them. Although DV applicants are not required to submit the I-864, consular officers must nevertheless apply a thorough "totality of the circumstances” analysis for possible public charge in all DV cases. See 9 FAM 302.8for guidance on public charge.
This new section clearly says I864 is not applicable to DV applicants, and yes it no longer says they can use an I-134 like the previous section indicated. That is g VB because I-944 is now in use for AOS effective Feb 24th. More emphasis is now been placed on using “totality of the circumstances” in overcoming public charge as against the I-134 which which is not legally enforceable and wasn’t quite binding on the sponsor, even though applicants were allowed to submit it.
When you get in front of your IO, they should not insist on you presenting an I-864 because they will know it is not applicable to DV. And if they do, then point then to section 6(u) of the 9FAM 502.6 or 9FAM 302.8 on Public Charge.
p.s. The AOS package tab of the spreadsheet was already updated with this, but the Interview Tips tab wasn’t, so thank you for pointing this out. It will be updated accordingly.
ElenaStNew
Member
Not always "generic". We got a very specific Appointment Notice.
SusieQQQ
Well-Known Member
If the notice asks for an i864 it is clearly generic. A very specific DV notice would not ask for one.
Sm1smom
Super Moderator
It addresses the fact that you’re a DV based AOS applicant and still says you need to present an I-864? Can you provide us with the precise content of the letter (excluding your personal information of course) that you received?
ElenaStNew
Member
i just said "it's not always generic". didn't say you're not right about I-864
Sm1smom
Super Moderator
And I never said the IL is always generic either. Here’s what I said “For those stressing about their IL asking them to bring an I-864 and wouldn’t believe that IL is a generic one” meaning if your IL says you need to present an I-864 as a DV applicant, your FO sent you a generic notice they use for all AOS cases, and that requirement for the I-864 is not applicable to you.