Abdulmalik
Active Member
To be honest that is what I excepting ..
This journey exhausted my entire body ;-)
DV 2021 AOS Only
- Thread starter Sm1smom
- Start date
This journey exhausted my entire body ;-)
Blade_
Well-Known Member
I was a DV2018 selectee, which was the year that more applicants were selected than usual. My CN never went current, though the years before and after that everyone in my region went current few months to the end of FY. For me, the hardest part was that at the time we were newly weds and my wife firmly believed that this was our God sent wedding gift and we will go current. Seeing her not loosing faith until the end really hurt me. But apparently he wanted to save the gift for our new born. The point being, you will get what you are supposed to get, sooner or later, one way or another.
bhanu_sigdel
Member
@Sm1smom My wife got her appointment letter for the change of status we have applied from H4 to F1. I got a notification yesterday. Now her I-485 is approved we are planning to send withdrawal letter for change of status to USCIS. Do she still need to appear for biometrics? What happens if she does not appear in the biometrics?
Sm1smom
Super Moderator
She doesn’t need to appear for the bio. In general, failure to appear for a scheduled appointment leads to the application being considered abandoned.
raphael1899
Well-Known Member
Did you ask this question to your lawyers?
SusieQQQ
Well-Known Member
I don’t think this can happen both because of the principle on which the visas were reserved and because of the agencies involved, In principle the reserved visas are for the cases where they could not process CP because of bans, visa prioritization etc. No such impediment has ever existed for AOS. While DoS has been ordered to issue visas, doing AOS would require uscis to be ordered to process adjustments beyond the fiscal year end. Different agency. Just my thoughts and may be a legal loophole I’m unaware of.
Sm1smom
Super Moderator
Didn’t you already file for AOS back in July?
coffeemonster
Well-Known Member
This is exactly what Charles Kuck said in the video update on Thursday. It might be possible, but he wouldn't recommend trying.
I did. One of the lawyers thinks it won't be possible, but he wasn't sure
Thanks for your opinion Susie!
In Goh lawsuit, the order doesn't specify which DV cases must be processed and which embassies must process. So basically, those embassies that were closed or too slow and have processed a low number of DV cases before the order, will most likely continue the same way after the order as well. I think maybe KCC will be able to answer this question, what do you think?
Right I was thinking of filing AoS in July but because of the tight timeframe I didn't.
Sm1smom
Super Moderator
Big mistake. You most likely would have been a LPR by now if you had done so. Your reluctance back then to pull the plug on CP by informing KCC you wish to change to AOS (you wanted to continue with CP on one side while processing AOS on the other end) has now put you in a potential delicate predicament.
1. Assuming as a GOH plaintiff you’re able to process AOS, you do realize you have to be in a valid status in order to do so? When does your current B1/B2 status expire?
2. Assuming as a GOH plaintiff you’re able to process AOS, you do realize you still have to inform KCC of your plan to switch from CP to AOS?
Once KCC send your KCC file which contains your DS260 form to your home embassy, your AOS application cannot be approved without that KCC file, and KCC will not at that point work with your home embassy to get the KCC file retrieved and sent to the FO with jurisdiction over the AOS application. So basically your best bet is to stick with your CP plan. Ensure you do not overstay and incur an unlawful presence that could lead to a ban in the US.
SusieQQQ
Well-Known Member
I’m sure everyone here would have told you July was not too tight to file? We’ve had many years people have not been able to file before July or august and it’s almost always worked out.
SusieQQQ
Well-Known Member
yep in late June poster said had been here a while already … must be coming close to end of i94.
Blade_
Well-Known Member
KCC finally decided to respond to my inqury regarding my KCC file, (which was initiated in August):
Your inquiry is about a diversity visa case number from a prior program year. Information regarding the processing of diversity visas from FY2020 in accordance with the court order in Gomez v. Biden and information regarding the processing of diversity visas from FY2021 in accordance with the court orders in Rai v. Biden, Goodluck v. Biden, and Goh v. Blinken will be published on travel.state.gov as it becomes available.
Your inquiry is about a diversity visa case number from a prior program year. Information regarding the processing of diversity visas from FY2020 in accordance with the court order in Gomez v. Biden and information regarding the processing of diversity visas from FY2021 in accordance with the court orders in Rai v. Biden, Goodluck v. Biden, and Goh v. Blinken will be published on travel.state.gov as it becomes available.
Abdulmalik
Active Member
Hello
Its kind of weird ,as of today my case status changed again to RFE was received as of today date and yes could not find changed on 09/30 ..
Its kind of weird ,as of today my case status changed again to RFE was received as of today date and yes could not find changed on 09/30 ..
Did you chatted with Emma today? Maybe in there system the status is different
maryasenath
Member
Hi all, I received my GC today. I am overjoyed, relieved and grateful. As promised, sharing some lessons from my experience, hopefully for the benefit of class of 2022: (i) read/ re-read and follow the guidance in the spreadsheet. There are simple things I overlooked, such as, asking the doctor for a copy of my I-693 that caused me additional time later while preparing for the interview or not factoring in the time it took to receive back my DV administrate fee receipt. (ii) read the forum, and timeline and use these as guides to your case. Every case, every IO is different. Your case will follow its own course. (iii) if your case is towards year-end, once you receive your biometrics appointment letter, try for a walk-in. I had to go 3 times to the center and wait for hours until everyone was served, and be extremely polite to the guards, but I believe this helped my case timeline. (iv) during your interview, ask the IO direct questions specific to your case. Such as, have you received my KCC file? Have you received the results of my biometrics? Do not be afraid to ask if they are aware of the DV deadline (this is more for your peace of mind than to influence their processing pace). (v) Practice patience. This is the hardest piece of advice but the most valuable in my opinion. Do what you need to do for your case and then, wait. I had to accept that I was not in charge of this process: from being selected from a over 20 million lottery applicants, to bumping into @Britsimon on YouTube who led me to @Sm1smom and this amazing forum in the nick of time. I had to accept that ultimately the IO adjudicating over my case would make the decision and at their own time. Throughout every step, all I could do, was do what I could, and then let it be. I wish everyone the best and thank you once again for all your advice and support.
Blade_
Well-Known Member
Congrats again on the new status! But you can never be overjoyed! Not enough joy for this outcome!