• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV 2021 AOS Only

Hi, Mom.
I have almost everything listed in AOS package except the 2NL, even though I filed my DS260 On October.
in such scenario what should I do? wait for it when it comes I bring it to the Interview Or I should contact KCC for it?
thanks a million.
any help here will be appreciated!!
 
Hello @Sm1smom,
I was wondering how long does the I-765 takes to get processed once you submit the AOS package. I am currently on Post competition OPT, but it expires on July 1st, 2021. I could apply for OPT STEM extension for 2 more years, but I will be submitting my AOS package very soon. I am hoping I can submit the AOS package by May 15th. Should I submit the I-765 as part of the AOS or submit it now as OPT STEM extension. I cannot stop working, therefore, I have to pick the options that allow me to continue working, which means I must get a new EAD by July 1st. 2. If I were to submit the I-765 as part of my AOS package what would be my eligibility category. I read the instructions and I think it is c 9, but I am not sure.
Thanks,
Luis
I will recommend you submit STEM OPT and stop EAD card as part of AOS because you will not get AOS EAD before July 1st. However, when you submit OPT STEM and receive NOA it automatically gives you 6 months extension to work while waiting for your card. For STEM OPT NOA it is likely you will receive before July 1st. I am currently on STEM OPT, I used my NOA letter to renew my expired drivers license in March 2021 because once you get that letter USCIS gives 6 months extension to continue working while waiting for your card or final decision. For me, I will definitely go through stem opt EAD card process because AOS EAD doesn’t give that option. You can still decide on it.

Cheers
 
I think the main concern should be if a month and a half is enough to process AOD prior fiscal year end. Chosing between breaking 90 days period and not doing anything to receive DV... well, not much choice

This might be one of those rare situations where a DV applicant actually should talk to a lawyer. I say this because similar questions have come up on the Impact Litigation live streams and Charles Kuck has suggested this, due to the fact that USCIS are not bound by the 90 day "rule". I think the last time, he advised the person to talk to a local attorney who would know how their local FO handles similar situations.
 
any help here will be appreciated!!
As I remember this question has been asked multiple times already. Basically, you can send your package without 2NL and email KCC regarding it. Most likely they will email your 2NL to you and you will bring it to the interview.
 
even if he falls under the 90 day rule? After a 90-day period, there is no presumption of misrepresentation, according to DOS.
DOS doesn’t make AOS decisions. Uscis looks at all facts of matter. I know of a case refused because the person lied about their intentions at entry, tried to AOS months later. Specifics matter. Of course if your friend is honest he will get refused entry on 214b.
 
Last edited:
I think the main concern should be if a month and a half is enough to process AOD prior fiscal year end. Chosing between breaking 90 days period and not doing anything to receive DV... well, not much choice
Do you mean, choosing to lie to immigration officers or be honest?
 
@Sm1smom Sorry for asking again. I am wondering if I should put case number in "receipt for underlying petition"see photo? My case is current June 1. Do I enter it as priority date on I485? last I checked Yes for INA for DV on I485. Is Dv considered part of it? TIA
 

Attachments

  • Screen Shot 2021-04-28 at 5.02.11 PM.png
    Screen Shot 2021-04-28 at 5.02.11 PM.png
    379.3 KB · Views: 21
This might be one of those rare situations where a DV applicant actually should talk to a lawyer. I say this because similar questions have come up on the Impact Litigation live streams and Charles Kuck has suggested this, due to the fact that USCIS are not bound by the 90 day "rule". I think the last time, he advised the person to talk to a local attorney who would know how their local FO handles similar situations.
Not bound by the “rule”, but look at all factors, before or after 90 days. Read again the extract mom posted. Too many people only get as far as “not bound by the rule” and don’t actually read the rest of it, it is not a free pass.
 
@Sm1smom Sorry for asking again. I am wondering if I should put case number in "receipt for underlying petition"see photo? My case is current June 1. Do I enter it as priority date on I485? last I checked Yes for INA for DV on I485. Is Dv considered part of it? TIA
1. There is no underlying petition attached to a DV based AOS application. Your CN is not an underlying petition previously filed and approved by USCIS.
2. There is also no priority date applicable in this case. Priority date as related to the I-485 form is tied to an approved underlying petition.
3. The correct answer to the INA question is "NO", unless of course you're not eligible to file AOS and will be submitting a waiver per INA 245(i), in which case you should also plan on submitting Supplement A to Form I-485.

p.s. number your questions if you have more than one in a post.
 
Hi all, I have another question. Thank you so much for the continued help!

For boring practical reasons, it makes sense for me to pay the $1,225 I-485 filing fee with a cashier's check. I wanted to confirm that I did this the right way:

Address: 12500 Tukwila International Blvd, Tukwila, WA 98168 (the lady at the bank said an address was required, but this address is not listed on the cashier's check itself)
Pay to the order of: U.S. Department of Homeland Security
Remitter (Purchased By): <my name>
Amount: $1,225.00
Additional note: I-485 FEE, A# <my a-number>

Did I miss anything? Will the address be a problem since it corresponds to a local USCIS office?
Update on this, in case it's helpful to others. I visited my Bank of America branch and asked to change the address associated with the cashier's check. The Bank of America employee said "the address is not important, and only for Bank of America internal use. They only use it in rare cases, for example if the check gets lost. In terms of actually cashing the check, only the 'Pay to the order of' name has to match."

She also said that you can see whether the cashier's check was cashed in the BofA app.
 
Update on this, in case it's helpful to others. I visited my Bank of America branch and asked to change the address associated with the cashier's check. The Bank of America employee said "the address is not important, and only for Bank of America internal use. They only use it in rare cases, for example if the check gets lost. In terms of actually cashing the check, only the 'Pay to the order of' name has to match."

She also said that you can see whether the cashier's check was cashed in the BofA app.
I think USCIS doesn’t care about the address on your cashiers check. All they need is a genuine check with enough money to pay your fee.
 
Last thing I did was sending my supporting documents. Should I email KCC about my 2NL? Giving them my case number, name and surname would be enough?
It’s not simply a case of emailing KCC about your 2NL. You need to provide more information about your situation in order to get the right guidance. So answer the following questions:
1. When did you send the supporting documents?
2. Have you received KCC confirmation regarding receipt of your sent documents?
3. Have you informed KCC you wish to switch from CP to AOS?
 
Hi,

I just went to a civil surgeon and they asked me to sign the I-693 form with a blue ink.
I remembered clearly the instructions asked to type or print in black ink on the form so I ask them again to be sure before signing.
She then told me she knows that everything needs to be in black ink except the signature part because someone once got rejected because uscis thought the form is not original. Has anyone encounter this issue?
Do you think it will be fine?
 
I included my kids (who are us citizens) on my DVL application. My number came up, but the system won’t let me fill up their DS-260 forms because there is not a “United States” option. What should I do?
 
Hi,

I just went to a civil surgeon and they asked me to sign the I-693 form with a blue ink.
I remembered clearly the instructions asked to type or print in black ink on the form so I ask them again to be sure before signing.
She then told me she knows that everything needs to be in black ink except the signature part because someone once got rejected because uscis thought the form is not original. Has anyone encounter this issue?
Do you think it will be fine?
Never heard of that.
 
Top