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DV 2021 AOS Only

Generous said:
I live in Palo Alto and my i485 application was delivered on May 19th. On June 6th I received LOA. What are the odds that it might be denied too because of Early Filing? As I understand, it`s the same office FO as the previous two cases denied recently?
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All of Palo Alto doesn’t fall under SFO. Use your zip code to first determine your actual FO. Plus the recent denials came from the Sacramento FO.
 
SusieQQQ said:
I’d be interested if the poster could clarify if the IO being “aware” of the expedite request is the same as actually acting on it - considering it was a second request if I understood right? How did this timeline compare to others at the same FO?
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In my case, it was not a second expedited request. I will contact my attorney to find out more details, but I am sure she included the expedited request with the rest of my documents included in the package. I do think this had an effect on the interview being scheduled pretty quickly.
 
Coffee&Books said:
In my case, it was not a second expedited request. I will contact my attorney to find out more details, but I am sure she included the expedited request with the rest of my documents included in the package. I do think this had an effect on the interview being scheduled pretty quickly.
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Would you mind also adding your timeline?
 
Hi all, I sent my package in a while ago, my CN was current in April and it was delivered on 4/20. I received my NOA 5/18 via text and 5/22 via mail. I still am yet to receive my biometrics letter.

I had a look on the timelines spreadsheet and seems many people who submitted after me already are much further in the process than I am.

1. I'm not sure how to compare it to FO/ASC so couldn't compare it based on that - I'm in LA, and sent my package to Chicago via FedEx - is my FO/ASC just the local one near me?
2. At what point should I be concerned and be actively chasing up my case?

Thank you so much!
 
Sm1smom said:
I’m sorry to learn your case has been denied due to early filing. I’m surprised you had no idea it could still be denied by the FO after it had been accepted by the Chicago Lockbox - I’m surprised because the AOS process spreadsheet extensively talks about these two different scenarios! Anyway, that is currently irrelevant.

Yes there have been a few reports of similar cases in the past. When it was possible to visit the FO on a drop in basis, or even when self scheduled INFOPASS appointment option was available, those applicants were able to go to the FO and plead their cases in person which subsequently led to a reversal of the denied decision.

In some cases prior to the denial decision being issued, some IOs would reach out and let the applicant know in advance their application will be denied due to early filing. This gave the applicants the opportunity to also plead their case in writing by providing documentation to justify the early filing which subsequently leads to their cases being approved.

Last FY (and maybe the year before?) I recollect a couple of similar denials. Those applicants basically had to re-file after the initial denial. They fortunately had enough time and we’re still in a valid status which enabled them to do so. They were subsequently approved.

I’ve written everything above simply to say yes, it has happened before but you can forget about filing a motion to reconsider. Such filings do not get expedited as they do not take into consideration the fact that a DV based AOS is time sensitive. By the time a decision gets made, your FY will long be over, so even if they admit the denial was erroneous, they will not be able to issue you with a GC because of the time limitation.

I don’t know if your current status has already expired, I seem to recall you previously stated it expires in June. If it hasn’t, and you’re able to quickly put a new package together before it does, then consider sending in a new application right away. If it has already expired, you unfortunately cannot file a new application based on your being in AOS pending - yes, I recall you also have a marriage based AOS application in the system (unless you already withdrew that?). In which case you’ll just have to patiently wait for the outcome of that application.
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Thank you for your response @Sm1smom
I knew that I could get denied but didn't think early filing would be the reason after it got accepted at the lockbox so I was a bit surprised.
It feels pretty unfair that they just sent me a decision letter right away. No phone call, no intent to deny, no interview to explain myself - and for such a "minor" issue. Overall it feels very biased that some selectees get approved while they can deny me under the same rule. That doesn't make sense to me. Literally a lottery.

On top of that, yes my status has expired so I'm out of options now.
I did withdraw my marriage based I-485 (this was in November 2020) but the case is still open and it's showing "fingerprints taken" in my online account. But I don't have any hope that they would proceed with that application.
I was about to file another marriage based I-485 as a life line but never did - oh yes I regret that now.....

I understand filing a motion has low odds of getting approved but I'm definitely desperate and since I am out of status I think that is my only option.
I contacted a person from the house of representatives, she's the congress person in my district. She has already reached out to USCIS to review my case.

@Blade_ I did include a cover letter explaining that I'm doing an early filing. I also attached the Policy document. It helped me pass the lockbox but it would have been better to get rejected there to get another chance to refile.
Now I'm out of status and I can not file another I-485.

Praying for a miracle.
 
Hi All, The interview notice I received states the following in the "You must bring the following items with you":

"The originals and copies of each supporting document you submitted with your application."

I already knew that I needed to bring the originals of the everything with me, but what puzzled me here is that they also want the copies.

Does this mean I should also take the copies of everything again once more to the interview?
 
SELisa said:
Thank you for your response @Sm1smom
I knew that I could get denied but didn't think early filing would be the reason after it got accepted at the lockbox so I was a bit surprised.
It feels pretty unfair that they just sent me a decision letter right away. No phone call, no intent to deny, no interview to explain myself - and for such a "minor" issue. Overall it feels very biased that some selectees get approved while they can deny me under the same rule. That doesn't make sense to me. Literally a lottery.

On top of that, yes my status has expired so I'm out of options now.
I did withdraw my marriage based I-485 (this was in November 2020) but the case is still open and it's showing "fingerprints taken" in my online account. But I don't have any hope that they would proceed with that application.
I was about to file another marriage based I-485 as a life line but never did - oh yes I regret that now.....

I understand filing a motion has low odds of getting approved but I'm definitely desperate and since I am out of status I think that is my only option.
I contacted a person from the house of representatives, she's the congress person in my district. She has already reached out to USCIS to review my case.

@Blade_ I did include a cover letter explaining that I'm doing an early filing. I also attached the Policy document. It helped me pass the lockbox but it would have been better to get rejected there to get another chance to refile.
Now I'm out of status and I can not file another I-485.

Praying for a miracle.
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I feel you. This is so much sad. Again when was the time your status expired ?
 
SELisa said:
Thank you for your response @Sm1smom
I knew that I could get denied but didn't think early filing would be the reason after it got accepted at the lockbox so I was a bit surprised.
It feels pretty unfair that they just sent me a decision letter right away. No phone call, no intent to deny, no interview to explain myself - and for such a "minor" issue. Overall it feels very biased that some selectees get approved while they can deny me under the same rule. That doesn't make sense to me. Literally a lottery.

On top of that, yes my status has expired so I'm out of options now.
I did withdraw my marriage based I-485 (this was in November 2020) but the case is still open and it's showing "fingerprints taken" in my online account. But I don't have any hope that they would proceed with that application.
I was about to file another marriage based I-485 as a life line but never did - oh yes I regret that now.....

I understand filing a motion has low odds of getting approved but I'm definitely desperate and since I am out of status I think that is my only option.
I contacted a person from the house of representatives, she's the congress person in my district. She has already reached out to USCIS to review my case.

@Blade_ I did include a cover letter explaining that I'm doing an early filing. I also attached the Policy document. It helped me pass the lockbox but it would have been better to get rejected there to get another chance to refile.
Now I'm out of status and I can not file another I-485.

Praying for a miracle.
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You withdrew your marriage based I-485??? Why on earth did you do that considering your CN wasn't even current and it is possible to have multiple AOS applications (based on different requirements) running simultaneously in the system? And I have to say, I'm further confused considering not too long ago (March and April 2021 to be precise), you posted twice about your pending marriage based AOS application - how could it be pending if you already withdrew the application?

SELisa said:
I posted here earlier and was hoping someone knows what's legally correct.

I'm currently in the U.S. on a non-immigrate E2 status. My status (and I-94) will expire in June 2021. I have a pending marriage based I-485. Let's say my dv-lottery case number won't show up until July, would I still be eligible to file for AOS after my non-immigrant status has expired? Basically, is a pending I-485 consider to be acceptable "status" to file for dv-lottery AOS? I get different answers from different law experts.
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SELisa said:
I'm on a pending family based I-485. I want to submit I-485 for the dv-lottery instead.

Two questions:

- I went to a biometrics appoinment for the family based I-485 in March 2021. Does that mean that I don't have to do it again for the dv-lottery process?

- Does anyone here have any experience/knowledge about I-485 transfer? I read on USCIS website that if you have a pending I-485 and for example get selected in the lottery, you can request a transfer. My only concern is the processing time. Since the lottery only have a few months left I need to make sure a transfer would work smoothly and fairly quick.
For example if you withdraw an application it can take months before USCIS take any actions. I don't want that to happen in this case.

Grateful for any answers!
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Anyway, if you are married to a USC, filing a motion to reconsider is not your only option. You can still file a marriage based AOS application even if you are currently out of status - over-stay/out of status is overlooked for immediate family members of a USC.
 
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SELisa said:
did withdraw my marriage based I-485 (this was in November 2020)
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I am a little confused as you wrote posts in March and April saying you also had a pending marriage based AOS ? May I ask why you withdrew it if it was already filed and leaving it as a backup option wouldn’t have cost anything extra?
On the upside for you as your husband is a USC you can still file a marriage based aos despite being out of status.
 
88lucky21 said:
Hi all, I sent my package in a while ago, my CN was current in April and it was delivered on 4/20. I received my NOA 5/18 via text and 5/22 via mail. I still am yet to receive my biometrics letter.

I had a look on the timelines spreadsheet and seems many people who submitted after me already are much further in the process than I am.

1. I'm not sure how to compare it to FO/ASC so couldn't compare it based on that - I'm in LA, and sent my package to Chicago via FedEx - is my FO/ASC just the local one near me?
2. At what point should I be concerned and be actively chasing up my case?

Thank you so much!
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1. Assigned FO/ASC is based on your home address.
2. You can contact USCIS as a starting point for now.
 
979 said:
Hi All, The interview notice I received states the following in the "You must bring the following items with you":

"The originals and copies of each supporting document you submitted with your application."

I already knew that I needed to bring the originals of the everything with me, but what puzzled me here is that they also want the copies.

Does this mean I should also take the copies of everything again once more to the interview?
Click to expand...
They sometimes misplace copies of documents already sent in. They may or may not need any of the copy you take in with you to your interview, but better safe than sorry, take them along with the original.
 
88lucky21 said:
Hi all, I sent my package in a while ago, my CN was current in April and it was delivered on 4/20. I received my NOA 5/18 via text and 5/22 via mail. I still am yet to receive my biometrics letter.

I had a look on the timelines spreadsheet and seems many people who submitted after me already are much further in the process than I am.

1. I'm not sure how to compare it to FO/ASC so couldn't compare it based on that - I'm in LA, and sent my package to Chicago via FedEx - is my FO/ASC just the local one near me?
2. At what point should I be concerned and be actively chasing up my case?

Thank you so much!
Click to expand...
me and you. Mine was delivered on 3/25 and NOA on 5/2. I get so anxious seeing other cases who received NOA in June have bio and/or interview scheduled. Seems like mine is just stuck somewhere.
 
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