Sm1smom
Super Moderator
That is not necessarily new information - “new information” as in getting a new job offer which further strengthens the application after sending in the AOS package. You don’t new documentary proof in this case.
DV 2021 AOS Only
- Thread starter Sm1smom
- Start date
SusieQQQ
Well-Known Member
Yeah, it doesn’t look like your extension could be approved in time for you to file for AOS. IF it is approved. You used not wanting to travel in the pandemic as an excuse, but apart from mom’s salient observation about it being easy enough to get back to Canada for a Canadian citizen, the timing means you must have traveled into the US in the pandemic in the first place. Not sure how uscis will regard the reasoning.
There has been a huge backlog for both biometric appointments and processing for i539, by the way. Many people have only got bio appointments very late in the process, in some instances even after the requested extension period had expired. Average i539 processing time this fiscal year so far has been 9.6 months.
Easy is a relative term - there were complications which have been properly explained in the application - so I am not that worried about that part. And it wasn't an excuse, was a genuine concern (again due to complications that I am not going to expand on here).
Anyhow, thanks a bunch guys for your prompt response and explanations. I guess I will go back then...
SusieQQQ
Well-Known Member
Keep your paperwork regarding the i539 (receipt notice showing filing date) as well as proof of when you leave the US. This will be especially important if it is later denied - it should be deemed abandoned if you leave before it is adjudicated (as seems likely) but I have seen a number of reports of decisions being mailed afterward. If it is either abandoned or denied, the overstay remains overstay (an approval will retroactively wipe out the overstay) so you’d want proof of both timely filing and date of departure for when you next want to enter the US.
I work as a graduate assistant and same, we get paid the second month. So I start working in August but the first paycheck is at the end of September.
The explanation they gave us, applicable at least in these scenarios, is that because of the academic year begins and ends in the middle of a month, the first paycheck is during the first full month and the last paycheck is at the very end. So if the academic year is from mid August to mid May, for example, first paycheck is end of September and last paycheck is end of May (even tho I’m technically not working anymore).
Thanks! will do!
One more question if you guys know: Should I stay until I get response from USCIS (so my application is not abandoned?) Should I apply for another extension? I am retired, so I can stay on both sides of the border, but would prefer to be staying with my daughter's family (they are in US)
SusieQQQ
Well-Known Member
In my opinion, you should not stay, as it cannot get approved beyond 5 September anyway - so anything after that will be overstay even if it is approved. As you are currently out of status you don’t technically have a status to extend - same issue as the AOS. Plus, a further request = attempting a total 18 months in one go will certainly raise questions about immigrant intent and potentially cause problems the next time you enter. Just keep the evidence that you did everything “right”.
Thank you@elisap - our IO did not ask to see our bank statements but we had sent them with our package. We also took our latest bank statements (and copies) with us but again, the IO didn’t ask to see them.
Yes, we took all originals AND a copy of everything we sent in our AOS package.
alves.sebastiao
Active Member
45 days has gone no IL. from Minneapolis FO, my OPT.
haven't received anything for the 2nd package yet other than the receipt notice. I am not planning to do anything at the moment as this should come to an end as the payments for which were not processed. If I receive a bio appointment , plan to do it together.
Since we have the IL already for the first package hopefully I can explain this to IO. I am following #Ybuster and Mom's advices to him in this regard. He is in the same situation and in advance state of processing than me.
Hello @dnw! Just curious was your husband able to attend the interview without IL? As I have a similar case (IL just for one family member).Hello Everyone,
I have been selected for the DV2021 and I flied I-485 along with my husband. We submitted two I-485 files for me and my spouse. We got separate notices for biometrics and completed it on 08/02/2021. Now only I have received a letter for the GC interview. Do you think that it is the normal procedure or both principal applicant & derivative applicant should receive separate letters for the GC interview?
Thank you
maryasenath
Member
Hi @Sorenk, I am also waiting for an IL under this FO. Similar observation re: historically batching the interviews at this FO.
Hello
I am curious about your first package and payment. could you please tell me, did USCIS reject all your family documents because of one failed payment? or just for yours? if all were rejected, what happened for that two payments?
another question, did you receive any receipt number by text or mail before rejection for that two normal payments? or you received three notices together?
(our case is a little like yours but it has not been solved our problem yet. your answer can help us)
thanks a lot
1. Extension of Stay or Change of Status
A noncitizen may file an adjustment application after expiration of his or her nonimmigrant status while the noncitizen’s timely-filed EOS or COS application is pendingSo it appears you can file for AOS while you EOS is pending?
SusieQQQ
Well-Known Member
Hm. It does indeed. If the EOS is denied then the AOS won’t succeed.
If USCIS ultimately approves the EOS or COS application, then the noncitizen is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the noncitizen is generally considered to be in unlawful immigration status as of the expiration of the noncitizen’s current nonimmigrant status and likewise on the date the adjustment application is filed. In this instance, the INA 245(c)(2) bar would apply, unless an exemption is available.
You have the additional factor of trying to get it all complete in a month and a half - not only the AOS application itself but the adjudication on the i539. If the i539 itself is not adjudicated by 30 September they cannot approve your DV case, even if an EOS approval comes through after that.
What service center is handling your i539?
Not sure, I can try to speed it up. But do you think 1.5 month would be enough for the case to go through?
She did not ask to see my bank statement and did not ask about employment; possibly because I have an F-1 visa, which means I can support myself.
SusieQQQ
Well-Known Member
I don’t know, it’s very tight. It’s been done before but it’s certainly no guarantee. What do you mean you can try speed it up, speed what up?
PS there was a reason I asked what service center your i539 is being processed at.
It says VSC, like ask for expedited processing?