DV 2021 AOS Only

[Sm1smom]

Hello Mom,

Parts related to public charge are gone from the Spreadsheet which is great (it significantly reduces the level of required documentation and the level of stress). However, information about the form I-944 in the "AOS Process" tab of the Spreadsheet is still available. Shouldn't that be removed as well?

Thank you,

Good catch. Spreadsheet updated. Thank you.

 

[Sm1smom]

Hi Mom,

My situation is that I need to renew my contract with my employer and I cannot sign the contract unless I get green card. My employer suggests sending a request to Indiana congressman to speed up the process. In our case the interview went well in my view (we were asked about i-485, the prove of our marriage, about taxes). Interview was on Feb 23, and biometrics is scheduled on Mar 22, so in the USCIS online account the latest update in Nov 6 that they received fingerprint fee, however we already had interview and we received biometrics appointments letter about a week ago (reflected in timeline).

So, I wanted to ask, if you suggest contacting congressman right now or wait after biometrics on Mar 22? My employer is from university, and says that he contacted them several times in the situations like this. It is crucial for my future employment to receive green card as soon as possible.

Thank you very much!

You've completed your interview and are already scheduled for the bio appointment. Contacting your congress person isn't going to make any difference to your process timeline as of now. Don't waste the opportunity you have with utilizing your congress person by contacting them now.

 

[Youn]

Good catch. Spreadsheet updated. Thank you.

Thank you!!!

 

[Sm1smom]

Hello,
Are applicants eligible for AOS during their H-1B Cap Gap extension? (F-1 OPT expires, awaiting H-1B to officially begin Oct 01)
I am not able to confirm whether F-1 to H-1B's Cap Gap extension is considered as a valid status or out of status.

Cap Gap extension period is not a valid status, it simply doesn't allow someone in that situation to accrue an unlawful presence. You need to be in a valid status when you file for AOS.

 

[MayaA]

Dear @Sm1smom

I had an interview scheduled for 3/1 and bio for 3/8. At the FO, I was told my interview will be rescheduled because I need to complete biometrics first, even though my case looks ok.

I did biometrics this Monday (online status changed to "Case Was Updated To Show Fingerprints Were Taken" right the next day), now wonder will my case definitely be top of their mind? I understand this requires patience but my H1B is good until March 19th, and I would really love to continue to work. Is there a way I can contact the NBC or FO since they have the actual file. I would appreciate any advice on this.

Thanks very much!
Maya

 

[979]

In the first link, it says the embassy makes the birth certificate just based on the passport info but it is not true in our case because they make a certified translation of the birth certificate (vukuatli nufus kayit ornegi in Turkish) they get from "e-devlet." When I was getting it from the embassy I said I will use it for green card application and they said the birth certificate they give is usually accepted and they didn't hear any problem.

Immihelp is just a private website. Dept of State reciprocity website is the official page and what they will use to determine whether or not a document is acceptable.

Do follow the guidance as provided by the DOS's Reciprocity and Civil Documents by Country.

Thank you all very much.

 

[kmane]

Yes, you’re still required to demonstrate you’re unlikely to become a public. Please see the “Evidence of Financial Support” section of the “AOS Package” tab on the AOS process spreadsheet.

But in the instructions of from i-485 it says that there is no financial support evidence required for diversity visa lottery applicant. Am I misunderstanding that? Thanks!

 

[Sm1smom]

Dear @Sm1smom

I had an interview scheduled for 3/1 and bio for 3/8. At the FO, I was told my interview will be rescheduled because I need to complete biometrics first, even though my case looks ok.

I did biometrics this Monday (online status changed to "Case Was Updated To Show Fingerprints Were Taken" right the next day), now wonder will my case definitely be top of their mind? I understand this requires patience but my H1B is good until March 19th, and I would really love to continue to work. Is there a way I can contact the NBC or FO since they have the actual file. I would appreciate any advice on this.

Thanks very much!
Maya

Call the USCIS 1800 number to see if they're able to submit a case inquiry/contact your FO on your behalf letting them know you've completed the bio. At this point, I think you'll need to resign your mind to the fact that you most likely will need to stop working for a while.

 

[MayaA]

Call the USCIS 1800 number to see if they're able to submit a case inquiry/contact your FO on your behalf letting them know you've completed the bio. At this point, I think you'll need to resign your mind to the fact that you most likely will need to stop working for a while.

Thank you very much for your response, I really appreciate it!

 

[SusieQQQ]

But in the instructions of from i-485 it says that there is no financial support evidence required for diversity visa lottery applicant. Am I misunderstanding that? Thanks!

It means you are not required by law to have someone file an I134 or I864 for you as most other adjustment categories do. You still need to overcome public charge concerns as a DV immigrant. You can leave financial evidence out of your packet and present at interview if you prefer, but then that probably undercuts any chance you have of being approved without interview. We saw many applicants last year approved without interview but it does require you to frontload your package by supplying all the evidence they might possibly need to make a decision.

 

[kmane]

It means you are not required by law to have someone file an I134 or I864 for you as most other adjustment categories do. You still need to overcome public charge concerns as a DV immigrant. You can leave financial evidence out of your packet and present at interview if you prefer, but then that probably undercuts any chance you have of being approved without interview. We saw many applicants last year approved without interview but it does require you to frontload your package by supplying all the evidence they might possibly need to make a decision.

Thank you so much. That makes a lot of sense. I had no idea you can get accepted without an interview. Thanks again!

 

[raphael1899]

It means you are not required by law to have someone file an I134 or I864 for you as most other adjustment categories do. You still need to overcome public charge concerns as a DV immigrant. You can leave financial evidence out of your packet and present at interview if you prefer, but then that probably undercuts any chance you have of being approved without interview. We saw many applicants last year approved without interview but it does require you to frontload your package by supplying all the evidence they might possibly need to make a decision.

Hi, Susie. So is it possible to be approved for a GC without an interview when doing AOS? Based on your knowledge and experience, does this depend on how comprehensive your AOS package is?

 

[Sm1smom]

But in the instructions of from i-485 it says that there is no financial support evidence required for diversity visa lottery applicant. Am I misunderstanding that? Thanks!

Yes, the I-485 says "if you are filing Form I-485 as a DV applicant, you do not need to submit evidence of financial support" - that shouldn't be interpreted as meaning you will not be required to demonstrate you're unlikely to become a public charge. If the IO is under the impression a DV based AOS applicant is likely to resort to the use of public benefits which they are not eligible for once they become a LPR, the IO is required to deny the application.

Take a look at the INSTRUCTIONS FOR THE 2022 DIVERSITY IMMIGRANT VISA PROGRAM regarding public charge as a DV selectee:

MISCELLANEOUS (FAQ Section)
If I receive a visa through the DV program, will the U.S. government pay for my airfare to the United States, help me find housing and employment, and/or provide healthcare or any subsidies until I am fully settled? No. The U.S. government will not provide any of these services to you if you receive a visa through the DV program. If you are selected to apply for a DV, you must demonstrate that you will not become a public charge in the United States before being issued a visa. If you are selected and submit a diversity visa application, you should familiarize yourself with the Department of State’s public guidance on how public charge is assessed and what evidence can be provided to demonstrate that you are not likely to become a public charge.

(This is in addition to the response Susie already provided above, by the way).

 

[Sm1smom]

Hi, Susie. So is it possible to be approved for a GC without an interview when doing AOS? Based on your knowledge and experience, does this depend on how comprehensive your AOS package is?

Approval without an interview is at the discretion of the FO and the IO - their workload, in addition to the AOS package being well frontloaded can play a significant role. Please don't interpret this to mean a fully frontloaded package will be approved without an interview though.

 

[raphael1899]

Approval without an interview is at the discretion of the FO and the IO - their workload, in addition to the AOS package being well frontloaded can play a significant role. Please don't interpret this to mean a fully frontloaded package will be approved without an interview though.

Thank you, Mom.

 

[NickN]

You've completed your interview and are already scheduled for the bio appointment. Contacting your congress person isn't going to make any difference to your process timeline as of now. Don't waste the opportunity you have with utilizing your congress person by contacting them now.

Hi Mom,

Thank you so much for the quick response! It is very important. We appreciate your work and hope for the best for everybody!!!

 

[rekik112]

May be there is no definitive answer for this but is it ok to send AOS package without 2NL? (since it can take a long time).

 

[fauchc]

May be there is no definitive answer for this but is it ok to send AOS package without 2NL? (since it can take a long time).

Yes, it is ok.

 

[SusieQQQ]

Hi, Susie. So is it possible to be approved for a GC without an interview when doing AOS? Based on your knowledge and experience, does this depend on how comprehensive your AOS package is?

It’s a necessary but not sufficient condition basically - you’d need a comprehensive package to be approved without interview, but being approved without interview may not occur regardless of how comprehensive your package is. we always see some approvals without interview but we saw a lot more than usual last year - I think consensus here chalked that up to them trying to move cases as fast as they could after the post Covid reopen/dealing with the backlog while being aware of the DV deadline.

 

[MILAT89]

Interview Update:

My wife and I had the interview last week. We still haven't heard back about a final decision on our case but I decided to share our experience anyways for your reference.

We arrived at the FO 1 hr early. We noticed that the line was very long and extending outside the building. We were concerned that we would not be able to get to our appointment on time. It turned out that the line we were looking at was for people attending the citizenship ceremony and that there was another shorter line for people coming for the interview.

We entered the building 15 mins before the interview (as per the instructions on the IL), checked-in, and waited for 35 mins before the officer came out and called our number. The officer walked us into his office. We did the oath. He said he will start with me since I am the primary applicant. The interview lasted for 1:45 hrs overall and the officer was very nice. He asked for original IDs. Then he started asking questions from I-485 and made some corrections on the go. We spent some time figuring out what is the proper middle name to use since we don't really have middle names where we come from as per the US standards. The officer was very understanding of the situation and he informed us that he wanted us to do this correctly so that it doesn't cause us trouble down the road when we have our green cards (I was very happy to hear him say that because it sounded like he already approved our case). He asked us how we met, confirmed my current job, and asked most of the Yes/No questions at the end. Then he signed the form and asked me to sign it. Then he moved to form I-944, confirmed that we have health insurance, asked if I filed 2020 taxes. I said no. I gave him my 2019 tax transcript which wasn't available at the time I filed. Then he asked me to sign the form.

He mentioned that everything looks good but that he cannot adjudicate at the moment as he needs to contact KCC to confirm the availability of a visa. He also noticed that I had another application with USCIS (employment-based, not an I-485) and he mentioned that something needs to be done about this other application and that he cannot touch it because it is not under his jurisdiction. He said that the other application will probably get rejected because you won’t need it when you get a green card. I said that is understood. Then he handed me a letter with the outcome of the interview saying that the case is being held for further review.

He moved on to interview my wife. Again, simple questions from I-485, middle name issue fixed, and asked if we have proof of cohabitation. We gave him various documents including car insurance, renter’s insurance, and apartment lease with both our names on them. I had printed the entire apartment lease but he only took a few pages with both our names on. He told my wife the same thing that he cannot adjudicate at the moment before contacting KCC and that he will contact them this afternoon. Asked my wife to sign I-485 and I-944 and handed her a letter with the outcome of the interview same as mine.

On the USCIS website, our status changed to “Interview Was Complete and My Case Must Be Reviewed”. I was hoping to see the approval message on the same day (just like some of the people in this forum) but it has been a week now without any updates. I am not sure if KCC is taking time to reply to the officer or if there is something else causing the delay (maybe dealing with my other USCIS application). I will keep you guys posted. Best of luck to everybody (and to us)!

*Update*
As per the USCIS website, after 11 days of the interview, my status changed to "New Card is Being Produced". Two days after that, the status changed to "Case Was Approved"!

Thank you @Sm1smom and @SusieQQQ for the great effort and all the help you provided to us. You are truly the best! We could not have done this without you. I followed your exact instructions and there was absolutely nothing missing in my package. Everything Mom says ALWAYS turns out to be accurate!

Best of luck to everybody!