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DV 2021 AOS Only

SusieQQQ said:
I’m not understanding the issue. If you do happen to get scheduled in the interim that means your consulate will be holding interviews, so why wouldn’t you just go home and interview?
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Because they are scheduling interviews but cancelling them with short notice and I don't want to get trapped there and lose my DV chance. If I process AOS, I don't have to leave the country, I don't take the risk of losing everything I have here and, the way I see the situation with my embassy, I have a better chance at not running out of time.

Taking into consideration everything I am seeing this year, it just seems safer to proceed with an adjustment of status.
 
Hi Mom,
when I checked your I-485 spreadsheet, I just realized my attorney didn't send mine and my husband's (principal applicant) I-94 forms, along with the other documents. But they sent pictures of all the pages in our passport including stamped and empty pages. do you think not including I-94 form can make our case disqualified?

We paid them $7500( we are not rich we used all our savings) just for filling our I-485s, it was a pretty easy case we had all our documents ready in hand, the only reason why we picked an attorney is we have an ongoing I-485 petition visa employer-based and it has already submitted, but when we contacted attorneys they gave us mix answers some said we can submit dual petitions and some said only to pick one, because of this confusion we thought of joining with a law firm, but looks like all our money going to get wasted)
 
As a follow up question, how does the 90 day rule work? because I always found it rather ridiculous like USCIS won't think "oh, he filed on day 90 or 91, for sure on day 89 he did not plan on it..."
I want to be ready to send that goddamn email as soon as midnight strikes! Is it 90 days since the date on my I94? And do I have to wait until day 91? Anyone can shed any light on this mess I found myself in this morning? I honestly only trust this group for DV stuff. Thanks again.
 
ishmog said:
Hi mom, I just saw that there are two forms for Affidavit of Support: I-864 and I-134. My uncle has agreed to sponsor me. Should he fill out I-864 since we have the same last name?
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Form I-864 is not listed on the spreadsheet as one of the financial documents, so it is not applicable to DV based AOS application.
 
dinu. said:
Hi Mom,
when I checked your I-485 spreadsheet, I just realized my attorney didn't send mine and my husband's (principal applicant) I-94 forms, along with the other documents. But they sent pictures of all the pages in our passport including stamped and empty pages. do you think not including I-94 form can make our case disqualified?

We paid them $7500( we are not rich we used all our savings) just for filling our I-485s, it was a pretty easy case we had all our documents ready in hand, the only reason why we picked an attorney is we have an ongoing I-485 petition visa employer-based and it has already submitted, but when we contacted attorneys they gave us mix answers some said we can submit dual petitions and some said only to pick one, because of this confusion we thought of joining with a law firm, but looks like all our money going to get wasted)
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o_Oo_Oo_O $7500 and all you've got to date is a lousy service? DV fee payment not included with AOS package, picture of all passport pages, missing I-94???? Holy cow!! Yup!, sorry to say, you basically threw your savings away. Anyway, non-inclusion of the I-94 will not lead to case denial. The worst that can happen is you'll get a RFE to provide any missing document considered pertinent for case approval.
 
F1April20 said:
As a follow up question, how does the 90 day rule work? because I always found it rather ridiculous like USCIS won't think "oh, he filed on day 90 or 91, for sure on day 89 he did not plan on it..."
I want to be ready to send that goddamn email as soon as midnight strikes! Is it 90 days since the date on my I94? And do I have to wait until day 91? Anyone can shed any light on this mess I found myself in this morning? I honestly only trust this group for DV stuff. Thanks again.
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Here's what the USCIS Policy Manual says about the so called 90-day rule:

"Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States. [9] Officers should carefully assess each situation and continue to evaluate cases for potential fraud indicators. When appropriate, officers should also refer cases to Fraud Detection and National Security, according to existing procedures."
USCIS Policy Manual

Basically, the so called 90 day rule is a non-binding arbitrary discretion, there's no requirement for an IO to go by it. The IO will review the totality of your case in making a determination as to if you entered the US with the preconceived intent of filing AOS or not. If you're able to demonstrate you did not engage in any form of willful or false misrepresentation when you applied for your NIV, when you were admitted into the US, evidence to back up plans of departing from the US, etc. you generally should be okay regardless of if you waited 90 days or not.
 
For the folks who asked KCC whether their case file were requested by the FOs: how long did it take to get the answer? Thanks
 
Hi @Sm1smom
i have quick question ..if my i765 with travel document get approved and i get it ...can my i485 process go longer than fiscal year or how does that work? Also ..if a person goes to the interview and still waiting on approval but passes the fiscal year deadline does the case still drop?
 
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Sm1smom said:
Here's what the USCIS Policy Manual says about the so called 90-day rule:

"Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States. [9] Officers should carefully assess each situation and continue to evaluate cases for potential fraud indicators. When appropriate, officers should also refer cases to Fraud Detection and National Security, according to existing procedures."
USCIS Policy Manual

Basically, the so called 90 day rule is a non-binding arbitrary discretion, there's no requirement for an IO to go by it. The IO will review the totality of your case in making a determination as to if you entered the US with the preconceived intent of filing AOS or not. If you're able to demonstrate you did not engage in any form of willful or false misrepresentation when you applied for your NIV, when you were admitted into the US, evidence to back up plans of departing from the US, etc. you generally should be okay regardless of if you waited 90 days or not.
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Awesome! Thank you so much.

I promise I have honored the spreadsheet and review it twice to find these answers before asking. And by no means I disregarded your previous question, I was simply trying to follow up on it by gathering more information on that situation, as I understand is trickier than if the interview had not been scheduled and, in fact, I was even wondering how inclined would KCC be to allow me such change.
 
dhanu159 said:
Hi mom
i have quick question ..if my i765 with travel document get approved and i get it ...can my i485 process go longer than fiscal year or how does that work? Also ..if a person goes to the interview and still waiting on approval but passes the fiscal year deadline does the case still drop?
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I765 is an employment authorization document. It just means you can work while waiting for AOS decision. Similarly i131 AP travel document just means you can travel without abandoning the AOS application while waiting for decision. As per the rules and clearly stated in the DV instructions all cases need to be approved by the last day of the fiscal year.

All selectees, including family members, must be issued visas by September 30, 2021. Under no circumstances can the Department of State issue DVs nor can USCIS approve adjustments after this date, nor can family members obtain DVs to follow-to-join the principal applicant in the United States after this date.
 
Sm1smom said:
o_Oo_Oo_O $7500 and all you've got to date is a lousy service? DV fee payment not included with AOS package, picture of all passport pages, missing I-94???? Holy cow!! Yup!, sorry to say, you basically threw your savings away. Anyway, non-inclusion of the I-94 will not lead to case denial. The worst that can happen is you'll get a RFE to provide any missing document considered pertinent for case approval.
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I just want to said it loud,,it was done by Jim Hacking law firm...really dissapointed
 
Sm1smom said:
o_Oo_Oo_O $7500 and all you've got to date is a lousy service? DV fee payment not included with AOS package, picture of all passport pages, missing I-94???? Holy cow!! Yup!, sorry to say, you basically threw your savings away. Anyway, non-inclusion of the I-94 will not lead to case denial. The worst that can happen is you'll get a RFE to provide any missing document considered pertinent for case approval.
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will getting an RFE could delay the processing of my case? and as I know for DV cases, they have to finalize the decisions by Sep 30, can this RFE can affect delay and terminate if they cant process before Sep 30th?
 
hi mom, just wanting to confirm for the 2 payments for I-485 and biometrics, are personal checks preferred to cashiers?

I heard when filing my OPT that personal checks were iffy since they don't guarantee the funds be available in your account when they're cashed, and instead to only use cashier checks.
 
88lucky21 said:
hi mom, just wanting to confirm for the 2 payments for I-485 and biometrics, are personal checks preferred to cashiers?

I heard when filing my OPT that personal checks were iffy since they don't guarantee the funds be available in your account when they're cashed, and instead to only use cashier checks.
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Potentially, you could do it through credit card, no? For the funds to be available, I mean.
 
dinu. said:
will getting an RFE could delay the processing of my case? and as I know for DV cases, they have to finalize the decisions by Sep 30, can this RFE can affect delay and terminate if they cant process before Sep 30th?
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Yes a REF can further delay the approval process as the FO will not be able to continue with the case file until the requested document has been submitted. If the requested document is not submitted within the required timeframe, then the case subsequently gets denied. In addition, case can still be denied (even if the requested document is received within the timeframe) if no approval has been issued by the end of the FY.
 
dhanu159 said:
Hi @Sm1smom
i have quick question ..if my i765 with travel document get approved and i get it ...can my i485 process go longer than fiscal year or how does that work? Also ..if a person goes to the interview and still waiting on approval but passes the fiscal year deadline does the case still drop?
Click to expand...
Any DV based AOS application which hasn't been approved by the end of the FY gets denied, regardless of which other document was previously approved. DV cases cannot go beyond their applicable FY.
 
88lucky21 said:
hi mom, just wanting to confirm for the 2 payments for I-485 and biometrics, are personal checks preferred to cashiers?

I heard when filing my OPT that personal checks were iffy since they don't guarantee the funds be available in your account when they're cashed, and instead to only use cashier checks.
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USCIS has not indicated a preference. The onus is on anyone filing to ensure there is enough fund in their account to cover whatever amount they've authorized USCIS to withdraw from the account when USCIS goes in to make the withdrawal.

"Pay with a Check
You may pay fees with bank drafts, cashier’s checks, certified checks, personal checks, and money orders that are drawn on U.S. financial institutions and payable in U.S. funds.
If you are paying your fees by check, please be aware of the following:
  • Authorization for an Electronic Funds Transfer: By submitting your check, you authorize us to convert your check into an electronic fund transfer. We will use the account information from your check to make an electronic fund transfer from your checking account for the amount of the check. If the transfer cannot occur for technical reasons, you authorize us to process the copy of your original check through normal paper check procedures.
  • Insufficient Funds: The electronic fund transfer from your account can occur faster than normal processing for a paper check. If your check or other financial instrument is returned as unpayable, we will resubmit the payment one time. If it is returned as unpayable a second time, we will reject your filing.
Pay With a Credit Card
Whether you mail your form or file online, you can pay your fees with a credit card, debit card, or pre-paid card.
Acceptable Credit Cards
You may use Visa, MasterCard, American Express, and Discover. Make sure the card has enough money to cover the fee at the time of filing. We will reject your application, petition, or request if the card is declined, and we will not attempt to process your credit card payment a second time."
USCIS Forms_Filing
 
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