bbhattarai
Member
I did my bio-metric in Las Vegas ASC.
DV 2020 AOS Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
Did you go through the AOS process spreadsheet?
Hi there,
I am a selectee whose case will become current in April 2020. I have not yet taken any steps because I did not want to show immigration intent if I did not decide to go through the process. I am in the U.S. currently on an F-1 student visa, which technically ends in mid-May 2020 (with the 60-day grace period ending in mid-July 2020).
1. From OP's spreadsheet, it looks like if I file my AOS package at the start of April, I would likely receive my green card during this grace period. Would this be ok? Or would I be out of status and therefore unable to adjust status by the time of my interview? What if I was unable to get processed before the end of the grace period?
2. Am I able to apply for OPT just before applying for AOS, in order to protect my status over July-September?
3. I entered the U.S. on my F-1 visa on the first date I could (30 days before the start of my program). However, I have recently noticed that the CBP officer stamped my passport with a date some 11 days before that date. My I-94 shows the correct date. Is this likely to be an issue?
Thanks for your very helpful blog. I have done my best to find the answers to these questions; apologies if I have missed them.
Thanks!
I am a selectee whose case will become current in April 2020. I have not yet taken any steps because I did not want to show immigration intent if I did not decide to go through the process. I am in the U.S. currently on an F-1 student visa, which technically ends in mid-May 2020 (with the 60-day grace period ending in mid-July 2020).
1. From OP's spreadsheet, it looks like if I file my AOS package at the start of April, I would likely receive my green card during this grace period. Would this be ok? Or would I be out of status and therefore unable to adjust status by the time of my interview? What if I was unable to get processed before the end of the grace period?
2. Am I able to apply for OPT just before applying for AOS, in order to protect my status over July-September?
3. I entered the U.S. on my F-1 visa on the first date I could (30 days before the start of my program). However, I have recently noticed that the CBP officer stamped my passport with a date some 11 days before that date. My I-94 shows the correct date. Is this likely to be an issue?
Thanks for your very helpful blog. I have done my best to find the answers to these questions; apologies if I have missed them.
Thanks!
Mom,
1. My husband and I are in the process of scheduling our medical exam, but I read some of your previous comments recommending people to do the exam in the same state that they live in. However, the closest viable option for us is in a neighboring state. Will that negatively impact our case if don't do the exam in our home state?
2. The CS that we are considering says that we can get our lab tests (hep b, TB, and STD screening) done elsewhere and come in just to get the physical and forms done. This is a good option for us because the closest CS is still about 1hr away, so coming in only once with the lab results ready would be easier for us. Otherwise, we would have to go there twice. However, my husband tried calling our local clinic and they asked who his doctor is, but he doesn't have one and they won't provide the tests unless he has a doctor. How do we "obtain" a doctor to order these tests?
1. My husband and I are in the process of scheduling our medical exam, but I read some of your previous comments recommending people to do the exam in the same state that they live in. However, the closest viable option for us is in a neighboring state. Will that negatively impact our case if don't do the exam in our home state?
2. The CS that we are considering says that we can get our lab tests (hep b, TB, and STD screening) done elsewhere and come in just to get the physical and forms done. This is a good option for us because the closest CS is still about 1hr away, so coming in only once with the lab results ready would be easier for us. Otherwise, we would have to go there twice. However, my husband tried calling our local clinic and they asked who his doctor is, but he doesn't have one and they won't provide the tests unless he has a doctor. How do we "obtain" a doctor to order these tests?
Sm1smom
Super Moderator
1. If your current status expires while your AOS petition is pending, you’ll automatically roll into what is known as “adjustment pending status” (which is an allowed status” until your AOS petition is adjudicated or the FY ends. If the FY ends while your DV based AOS petition is still pending, that is when you go out of status.
2. It is actually recommended to apply for OPT prior to AOS petition submission - this protects your current status while your AOS is pending, or even if the FY ends without the AOS petition being adjudicated.
3. Stick with the date on your I-94 as your arrival date, you should be fine. CPB officers have been known to make errors now and then.
Sm1smom
Super Moderator
1. I don’t know if doing as planned may be an issue for you or not. However, I typically recommend for people to visit a designated civil surgeon in their State so as not to create any sudden hiccup such as the IO wondering if one truly resides in the State they’re claiming which puts them under the FO’s jurisdiction. Or if they’re trying to use a friend or some family member’s address as theirs to enable their case fall under that FO’s jurisdiction for some reason. So your call really on this.
2. Try your local health department and explain you need it for immigration purpose. You can also try Planned Parenthood. I don’t know how you can “obtain” a doctor if you don’t already have a primary physician.
1. That makes sense. Has anyone had issue with visiting a CS in a different state in your experience? All in-state options are further and/or much more expensive than the one in the neighboring state. And considering the fact that we need to fill out the self-sufficiency form for AOS, we want to save up as much money as possible.
Sm1smom
Super Moderator
I don’t recall of anyone using a CS outside of their State.
asm_dv
Active Member
@suemen I am doing the same process for me and my wife. We found a civil surgeon (through our insurance network) only 20 minutes drive from our home and he knows our university hospital very well so he recommended that we do all the tests at our university hospital (then no extra cost as my university insurance will cover it) and then he will check all the tests and do the physical checkup and sign the paper. He will charge a fee for the primary checkup and paperwork but that is standard.
But @Sm1smom is right about one thing better if you can get the CS from same state. Even through immigration is a federal jurisdiction and any state CS will be fine but in reality you don't want to give any reason to your IO for more questioning.
One advice is, I am assuming you have family health insurance (you need to show it anyway under the current changes being done in the immigration process) so find a CS within your healthcare provider network and then also find a diagnostic center from the same network.
Thanks a lot for your helpful answers Sm1smom; I am very grateful. I do have a few follow-up questions:
1. If I follow your tip and apply for OPT prior to AOS petition submission, do I need to wait for OPT to be granted before submitting my DS-260 and/or filing my AOS petition? Or is it fine to simply submit the OPT application and then take the AOS steps?
2. I need to sit an exam in the U.S. a couple of weeks after my F-1 grace period expires. If I don't apply for OPT first (due to time restraints) and my AOS petition is denied for any reason, would this likely cause any difficulty in quickly exiting and re-entering the U.S. on an ESTA for a few weeks in order to sit the exam?
3. I found out that I won the green card lottery prior to obtaining a F-1 visa and coming to the United States. Does this affect my ability to adjust status?
Sm1smom
Super Moderator
1. It is preferable to have OPT approval prior to AOS submission. I typically recommend having OPT in place before AOS declaration if there’s enough time to do so, which you probably don’t. Looks like you’ll only be able to apply before sending in your AOS package.
2. My guidance here is limited to DV based AOS process.
3. It may - if the IO decides to make an issue of it - I can’t say for certain it will. I only recollect of one or two cases that got denied due to being outside the US when DV results were released and subsequently entering the US on a NIV after which AOS was filed.
Thanks again for your help, Sm1smom. Re (3):
1. Is this something I can find out by visiting my local USCIS office? Or would that have no impact on the IO's ultimate decision at the time of interview?
2. If you recall "only" one or two denials, is that in comparison to a large number of successes to your knowledge? (I'm unsure how common or uncommon it is to win the lottery before entering on a NIV).
Sm1smom
Super Moderator
1. You’re most likely not going to be able to access your FO, talkless of asking if a preconceived AOS intent prior to entering the US on a NIV is likely to negatively impact your AOS petition or not. Even if you’re able to make it into your FO, the IO assigned to the case will have the final say regardless of what anyone else told you during your visit.
2. Depends on your definition of what the “large number of success to my knowledge” equates to. All I can say is that I’ve been actively involved/monitoring DV based AOS filings since 2013, so the one or two denials I referenced is based on that. Not sure if that answers your questions on not. Typically one is not expected to enter the US on a NIV with the preconceived intent of processing AOS, unless the NIV is a dual intent visa which a student visa clearly isn’t.
SusieQQQ
Well-Known Member
am I correct in recalling that in one of these cases, the IO had very strictly interpreted the clause that AoS is available to selectees who already were in the US at the time they were notified of selection?
I am curious if the DV selection was mentioned at all during the F1 interview? Were you asked about ties/returning home after the course of study you were granted the F1 for?
Sm1smom
Super Moderator
Yes you’re correct. And in that particular case, the OP was already based in the US in F1 status but had gone home on vacation. Unfortunately for him, DV results were released while he was back at home which is when he discovered he was a DV selectee.
Hi SusieQQQ,
Yes it was brought up, right at the end. I had entered the lottery prior to deciding to study here. I forgot about it and then remembered the night before my F-1 interview and checked the results. At the end of the interview, the IO said "Oh, you entered the green card lottery?" I replied that yes I had, but that was before I decided to study in the U.S. and that things had changed since then. (That is the truth - I am only just beginning to consider taking it up instead of leaving at the end of my studies.) The IO then approved my visa in a very friendly manner.
From my reading of the law and policy, this would only be an issue if the IO thought I had made a misrepresentation to the IO in my F-1 interview. They have a rule of thumb that actions contrary to a representation in the interview within 90 days show misrepresentations. It has been almost a year since my F-1 interview, so I figure/hope it should be fine. Also, as I say, I told the IO the truth in my interview – I am only now beginning to consider applying.
Thanks again for your kind help, Sm1smom. As I mentioned in my reply above, I didn't have preconceived intent of processing AOS when I entered 9 months ago – it is only now that I am considering adjusting status.
I have one (hopefully final) question left: Based on your recommendation to apply for OPT and then, in the interests of time, applying for AOS before it is approved, have you ever heard of concurrent pending applications creating an issue for either application?
Thanks again!
Sm1smom
Super Moderator
Do you think I would have recommended this line of action if I’m aware of other cases where concurrent pending applications ended up being an issue, with giving you any warning about it? Anyway, no I haven’t.
Thank you for your suggestion and advice. I have no problem getting tests for free from my university clinic (I've done so before for other reasons) but my husband is not a student and we don't understand where to get these tests done for him. The university clinic won't accept non-students. I've checked the local health office and planned parenthood as Mom suggested but it seems they don't offer all the required tests.
My husband and I have separate insurance (him with his employer and me with the university), and there's limited options where both our insurances are in-network (I only found 2 and they're far from where we live). It's likely we'll have to pay a lot out of pocket no matter what. I think I'm gonna take your and Mom's advice on choosing an in-state CS. Better pay up more now than get scrutinized later for choosing out-of-state CS.
Hey everyone! My husband and I had our interview this past Friday (Feb 28) and we're sharing our experience here.
A little bit of our background. Both of us are on F-1 status. I'm still in school and he's on F-1 OPT, working in the area. We got married about 1 prior to when we found out about the DV lottery selection. I am in a doctorate level program and my husband has a masters degree. I was also on OPT about 2 years ago, but now back in school.
Our interview was scheduled for 12:30 pm (well my husbands was at 12:30 and mine at 1:20 based on the letters received). We both came at 12 pm but had to wait about 1 h 45 min before we were called. The officer called us both at the same time though.
The interview lasted about 40-45 min, the IO asked for our drivers license, passports, and OPT cards. He was very chill and friendly, joking with us the whole interview. After taking the oath, the IO mentioned that it has been like 5 years since he dealt with DV based AOS cases so he said to bear with him as we move along. He went over the paperwork we sent in the AOS package (it seemed like it was the exact copies we sent to the Chicago Lockbox since I saw the sticky notes I used to organize the files at the very back of the case as the IO was flipping over the papers). He asked to see my husbands masters degree diploma. He looked over the documents we sent, and didn’t ask for anything else. Not even the original copies of our birth or marriage certificates, or bank any bank statements or paystubs. He said the copies should be sufficient. From the I-485 form, he only asked 3 questions: 1. Where we ever arrested, in court, etc 2. Were we ever denied in a visa (My husband did have a denial in the past so the IO asked when and why). 3. And we can’t remember the 3rd lol
That was pretty much it. At the end we did get the letter (see attached photo). The IO also said that since he does not have the authority to approve, he has to send an email to KCC and they should give him permission. He also gave us a timeline saying that this should take about 2-3 weeks till the final result and that if everything goes well we should have the cards in about 3-4 weeks.
Is this a normal process for small FO’s? Does the KCC give permission to approve in such cases? We are a bit confused. Also over the entire interview he would say phrases like “and then we can approve your case” or “we want to approve you” etc. The IO also didn't have access to the DS-260 form since we mentioned we made a minor spelling mistake in my husbands parents names but the IO said its okay since the I-485 has the corrected names.
Also, it was kinda funny because he forgot to ask us to sign the I-485 form and at the end when he said we are good to go I kindly asked if we need to sign anything (since I did remember that was a requirement at the very end of the form) and he was like “of yes of course we both have to sign the forms”.
So a positive experience overall, but we were left a bit confused on some of the things I asked above.
A little bit of our background. Both of us are on F-1 status. I'm still in school and he's on F-1 OPT, working in the area. We got married about 1 prior to when we found out about the DV lottery selection. I am in a doctorate level program and my husband has a masters degree. I was also on OPT about 2 years ago, but now back in school.
Our interview was scheduled for 12:30 pm (well my husbands was at 12:30 and mine at 1:20 based on the letters received). We both came at 12 pm but had to wait about 1 h 45 min before we were called. The officer called us both at the same time though.
The interview lasted about 40-45 min, the IO asked for our drivers license, passports, and OPT cards. He was very chill and friendly, joking with us the whole interview. After taking the oath, the IO mentioned that it has been like 5 years since he dealt with DV based AOS cases so he said to bear with him as we move along. He went over the paperwork we sent in the AOS package (it seemed like it was the exact copies we sent to the Chicago Lockbox since I saw the sticky notes I used to organize the files at the very back of the case as the IO was flipping over the papers). He asked to see my husbands masters degree diploma. He looked over the documents we sent, and didn’t ask for anything else. Not even the original copies of our birth or marriage certificates, or bank any bank statements or paystubs. He said the copies should be sufficient. From the I-485 form, he only asked 3 questions: 1. Where we ever arrested, in court, etc 2. Were we ever denied in a visa (My husband did have a denial in the past so the IO asked when and why). 3. And we can’t remember the 3rd lol
That was pretty much it. At the end we did get the letter (see attached photo). The IO also said that since he does not have the authority to approve, he has to send an email to KCC and they should give him permission. He also gave us a timeline saying that this should take about 2-3 weeks till the final result and that if everything goes well we should have the cards in about 3-4 weeks.
Is this a normal process for small FO’s? Does the KCC give permission to approve in such cases? We are a bit confused. Also over the entire interview he would say phrases like “and then we can approve your case” or “we want to approve you” etc. The IO also didn't have access to the DS-260 form since we mentioned we made a minor spelling mistake in my husbands parents names but the IO said its okay since the I-485 has the corrected names.
Also, it was kinda funny because he forgot to ask us to sign the I-485 form and at the end when he said we are good to go I kindly asked if we need to sign anything (since I did remember that was a requirement at the very end of the form) and he was like “of yes of course we both have to sign the forms”.
So a positive experience overall, but we were left a bit confused on some of the things I asked above.
