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DV 2020 AOS Only

Hello,
I am an Iranian who got current in March. I am a PHD student on F1 Visa. I filed my AOS package following the guidelines in the spreadsheet. Unfortunately, today I got my package back because it was rejected. The I-797C form states that it is because my i-485 form was outdated; well, I downloaded it 1 week before posting my package and it included the new i-944 form, and on the form it states that it expires on 10/31/2021. I think I even checked USCIS website before posting but I am not too sure. Anyways, I got no choice but to refile. I have a few questions though:
  1. My I-693 package is now opened. Does that mean I have to redo the medical exam? The medical exam was done on Feb 5th, but as I said USCIS opened the package!
  2. They returned package has a new organization meaning some attachments are stapled together etc. and the sticker tabs and the clippers I had are removed. They also printed some numbers at the bottom of every page. Should I include these forms and supporting documents as they are or make new copies?
  3. In addition to the new i-485 form, I would like to add new documents. At the time, I didn't have my 2019 tax records because I hadn't filed it yet. Can I include it now?
  4. They removed my cover letter (I used the sample on the spreadsheet). Should I include a new one? What should it contain?
 
sina.d said:
Hello,
I am an Iranian who got current in March. I am a PHD student on F1 Visa. I filed my AOS package following the guidelines in the spreadsheet. Unfortunately, today I got my package back because it was rejected. The I-797C form states that it is because my i-485 form was outdated; well, I downloaded it 1 week before posting my package and it included the new i-944 form, and on the form it states that it expires on 10/31/2021. I think I even checked USCIS website before posting but I am not too sure. Anyways, I got no choice but to refile. I have a few questions though:
  1. My I-693 package is now opened. Does that mean I have to redo the medical exam? The medical exam was done on Feb 5th, but as I said USCIS opened the package!
  2. They returned package has a new organization meaning some attachments are stapled together etc. and the sticker tabs and the clippers I had are removed. They also printed some numbers at the bottom of every page. Should I include these forms and supporting documents as they are or make new copies?
  3. In addition to the new i-485 form, I would like to add new documents. At the time, I didn't have my 2019 tax records because I hadn't filed it yet. Can I include it now?
  4. They removed my cover letter (I used the sample on the spreadsheet). Should I include a new one? What should it contain?
Click to expand...
My package was rejected as well. There is no need to re do the medical exam. In my package they included a green paper that i had to put on the top so they knew that it was opened
 
sina.d said:
Hello,
I am an Iranian who got current in March. I am a PHD student on F1 Visa. I filed my AOS package following the guidelines in the spreadsheet. Unfortunately, today I got my package back because it was rejected. The I-797C form states that it is because my i-485 form was outdated; well, I downloaded it 1 week before posting my package and it included the new i-944 form, and on the form it states that it expires on 10/31/2021. I think I even checked USCIS website before posting but I am not too sure. Anyways, I got no choice but to refile. I have a few questions though:
  1. My I-693 package is now opened. Does that mean I have to redo the medical exam? The medical exam was done on Feb 5th, but as I said USCIS opened the package!
  2. They returned package has a new organization meaning some attachments are stapled together etc. and the sticker tabs and the clippers I had are removed. They also printed some numbers at the bottom of every page. Should I include these forms and supporting documents as they are or make new copies?
  3. In addition to the new i-485 form, I would like to add new documents. At the time, I didn't have my 2019 tax records because I hadn't filed it yet. Can I include it now?
  4. They removed my cover letter (I used the sample on the spreadsheet). Should I include a new one? What should it contain?
Click to expand...

What was the edition of the I-485 you submitted - 10/15/19? Precisely when did you mail out your AOS package?

1. No, you can send back the medical as is.

2. My response here will depend on your answers to the two questions I asked above.

3. Yes.

4. Cover letter has always been optional.
 
It was the 07/15/19 edition, and It was mailed on Mar 2nd. Please also advise on the personal check they returned. It has a stamp but it's stapled to the I-797C notice. Should I cut a new check?
 
sina.d said:
It was the 07/15/19 edition, and It was mailed on Mar 2nd. Please also advise on the personal check they returned. It has a stamp but it's stapled to the I-797C notice. Should I cut a new check?
Click to expand...

You used an outdated form in that case, AOS package was rightfully rejected. Effective 2/24, USCIS is only accepting the 10/15/19 edition of form I-485, so you need to download the new version, and resend your package. You can cut a new check or use the old one (I would just use a new one though).
 
hi, all, I am AS19xxx and already submit DS260 to go through CP in my country. But, now, I'm consider to change CP to AOS if I can have valid visa, e.g. F1, to enter USA. I know it may be hard to get non-immigrant visa after submitting DS260. I just want to know if any other possibility to secure green card.

My question are,
1. Should I "finish" AOS, i.e. finger print, interview, before 9/30 to get green card?
2. Can I inform KCC and "file" AOS before 9/30 to secure my chance? Asking this because I know AOS may take a while to get things done.
 
seektruelyme said:
hi, all, I am AS19xxx and already submit DS260 to go through CP in my country. But, now, I'm consider to change CP to AOS if I can have valid visa, e.g. F1, to enter USA. I know it may be hard to get non-immigrant visa after submitting DS260. I just want to know if any other possibility to secure green card.

My question are,
1. Should I "finish" AOS, i.e. finger print, interview, before 9/30 to get green card?
2. Can I inform KCC and "file" AOS before 9/30 to secure my chance? Asking this because I know AOS may take a while to get things done.
Click to expand...

Do you already have a US school admission/already have a F1 visa?

Planning to enter the US on a NIV with a preconceived intent of filing AOS is considered fraudulent, you cannot do as planned above^^
 
Sm1smom said:
Do you already have a US school admission/already have a F1 visa?

Planning to enter the US on a NIV with a preconceived intent of filing AOS is considered fraudulent, you cannot do as planned above^^
Click to expand...
Thanks for your comment. I do not have admission yet so it is dead end solution.
 
Sm1smom said:
Do you already have a US school admission/already have a F1 visa?

Planning to enter the US on a NIV with a preconceived intent of filing AOS is considered fraudulent, you cannot do as planned above^^
Click to expand...

With all due respect, I personally know two diversity visa cases from Iran who had already submitted their form DS-260 and then applied for student visa, entered the US in August 2019, submitted their I-485, had their interviews at the same day and got their green cards at the same day too.
I mean there isn't any rule stipulating that showing immigration intent and then applying for nonimmigrant visa is fraudulent. It's all up to the officer at the time of interview. But the odds of nonimmigrant visa being rejected after showing immigration intent is high.
 
RahulSingh1 said:
With all due respect, I personally know two diversity visa cases from Iran who had already submitted their form DS-260 and then applied for student visa, entered the US in August 2019, submitted their I-485, had their interviews at the same day and got their green cards at the same day too.
I mean there isn't any rule stipulating that showing immigration intent and then applying for nonimmigrant visa is fraudulent. It's all up to the officer at the time of interview. But the odds of nonimmigrant visa being rejected after showing immigration intent is high.
Click to expand...
thanks for this data point. Taken interview and get green card in the same day looks like miracle. I may need to wait for more time and try to be calm right now. Actually, I'm preparing my application to apply 2021Fall and plan to take GRE/Toefl this summer. But yesterday, I saw the closure and felt so frustrated because I already submit DS260 on January. Anyway, thanks for your information.
 
RahulSingh1 said:
With all due respect, I personally know two diversity visa cases from Iran who had already submitted their form DS-260 and then applied for student visa, entered the US in August 2019, submitted their I-485, had their interviews at the same day and got their green cards at the same day too.
I mean there isn't any rule stipulating that showing immigration intent and then applying for nonimmigrant visa is fraudulent. It's all up to the officer at the time of interview. But the odds of nonimmigrant visa being rejected after showing immigration intent is high.
Click to expand...

You need to re-read my post, it didn’t say anything about showing an immigrant intent and then applying for NIV is fraudulent. Here’s what I wrote: “planning to enter (or entering) the US on a NIV with a preconceived intent of filing AOS is considered fraudulent,...” What I wrote is completely different from the interpretation you’ve ascribed to it.

AOS is meant for people who are already based in the US, it is not meant for people who are not currently based in the US when the decision is made to apply for a GC, that is what CP is for. The exception to this is someone with a dual intent visa, which a F1 visa is clearly not.

Just because you know of so many people who knowingly circumvent the US immigration laws and appear to have gotten away with it does not mean they didn’t engage in a fraudulent activity. For instance a F1 status holder who decides to undertake unauthorized employment is engaging in a fraudulent activity. The fact that the student wasn’t caught doesn’t mean he didn’t break the law.

And going back to your example of the two Iranian students above, - are they DV 2019 or DV 2020 selectees?
 
RahulSingh1 said:
With all due respect, I personally know two diversity visa cases from Iran who had already submitted their form DS-260 and then applied for student visa, entered the US in August 2019, submitted their I-485, had their interviews at the same day and got their green cards at the same day too.
I mean there isn't any rule stipulating that showing immigration intent and then applying for nonimmigrant visa is fraudulent. It's all up to the officer at the time of interview. But the odds of nonimmigrant visa being rejected after showing immigration intent is high.
Click to expand...

Here’s what I consider an official statement from USCIS regarding AOS and DV lottery selectees:

Diversity Visa Winners Legally Residing In the United States: Apply Through USCIS
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. For these winners residing inside the United States, USCIS processes adjustment of status applications.”
GC Through DV Program

So please don’t go around telling people it’s okay to go get a NIV for the purpose of entering the US and subsequently apply for AOS based on you knowing someone who “successfully” did so in the past. This forum does not tolerate that as a matter of fact.
 
Sm1smom said:
You need to re-read my post, it didn’t say anything about showing an immigrant intent and then applying for NIV is fraudulent. Here’s what I wrote: “planning to enter (or entering) the US on a NIV with a preconceived intent of filing AOS is considered fraudulent,...” What I wrote is completely different from the interpretation you’ve ascribed to it.

AOS is meant for people who are already based in the US, it is not meant for people who are not currently based in the US when the decision is made to apply for a GC, that is what CP is for. The exception to this is someone with a dual intent visa, which a F1 visa is clearly not.

Just because you know of so many people who knowingly circumvent the US immigration laws and appear to have gotten away with it does not mean they didn’t engage in a fraudulent activity. For instance a F1 status holder who decides to undertake unauthorized employment is engaging in a fraudulent activity. The fact that the student wasn’t caught doesn’t mean he didn’t break the law.

And going back to your example of the two Iranian students above, - are they DV 2019 or DV 2020 selectees?
Click to expand...
Oh, sorry about that. Filing AOS when one is not physically present in the U.S. was so weird to me that I misunderstood. Yes, you are right.
They were DV2019 selectees. They entered the U.S. in August and got their green cards after a month.
 
seektruelyme said:
thanks for this data point. Taken interview and get green card in the same day looks like miracle. I may need to wait for more time and try to be calm right now. Actually, I'm preparing my application to apply 2021Fall and plan to take GRE/Toefl this summer. But yesterday, I saw the closure and felt so frustrated because I already submit DS260 on January. Anyway, thanks for your information.
Click to expand...
I didn't say they got their green cards in the same day they had their interviews. Both of them had their interviews in the same day and got their green cards in the same way after interview.:D
 
Hi,

I am in the US as an L1-A visa holder.
My case number for the DV 2020 lottery is 30***.
I switched to the CP process in December. However, the embassy in Moscow is closed, currently.

All people that were supposed to have interviews in March have 15*** -20*** numbers, will be waiting until May-June.
I presume it will bring at least a 2,5-month delay.

I'm thinking to return to the AOS process, as the current number for May is about 30 000.
I hope my number (30***) will be current in early June.

Would you recommend doing that? If so, why?
 
RahulSingh1 said:
I didn't say they got their green cards in the same day they had their interviews.
Click to expand...
Um yes you did lol, maybe you didn’t realize that’s how it came across the way you wrote it. (I realized that couldn’t possibly be what you meant, but it was what you said)
RahulSingh1 said:
With , had their interviews at the same day and got their green cards at the same day too.
.
Click to expand...

They were very lucky they weren't denied for this, we have seen people denied becasue they were not in the US at the time of selection and tried to AOS later. As mom says, just because some people get away with it does not make it good advice to give others.
 
RahulSingh1 said:
Oh, sorry about that. Filing AOS when one is not physically present in the U.S. was so weird to me that I misunderstood. Yes, you are right.
They were DV2019 selectees. They entered the U.S. in August and got their green cards after a month.
Click to expand...

Hmm! Interesting. Which FO did they go through?
 
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