Sm1smom
Super Moderator
You can change the address at the POE.
DV 2022 All Selectees (Consular Processing - CP)
- Thread starter Sm1smom
- Start date
So finally now as my appointment date for biometrics is gone. I have to put a new application through online USCIS account & file for I-90 & proceed ?
SusieQQQ
Well-Known Member
I would wait to find out if you get a response to the rescheduling request and/or confirmation they’ve stopped the case. Anyway there’s no point starting a new application now if you’re not going to be able to make the bio again, right?. You’d have to wait till you knew you could make a bio appointment. Of course if that’s only once you’re back in the US, that could leave you with months to wait for a new green card with your temporary green card expiring soon after you return, so you’d have to go into uscis for an i551 stamp in your passport while you’re waiting, so that you have proof of being LPR. Current processing times for I90 for replacement of GC are 16 months.
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Sm1smom
Super Moderator
Technically speaking, you are not eligible to file an I-90 for a replacement GC because the GC has not yet been issued in the first place, meaning you do not meet any of the requirements for filing an I-90. Take a look at the Reason for Application starting from page 4 of the I-90 Form Instruction for a list of the applicable reasons for filing an I-90.
Also, while the I-90 can now be filed and submitted online, I believe there is a requirement to be in the US before someone who is eligible to file the I-90 can submit the form. This is in addition to what Susie already pointed out with regards to being able to attend the applicable biometric (assuming you meet the eligibility requirement for filing an I-90 and can file from outside the US).
My suggestion is to book your family on the next available flight and return to the US to get the bio completed. Yes, you already requested for it to be rescheduled and are currently waiting for the response which may or may not show up. If you show up at the ASC (now) with the current (expired) bio notice and explained you were outside the US when the notice was received and unfortunately couldn't return before the appointment date, they most likely will allow you to complete the bio. Yes, this has happened before, the ASC staff can be reasoned with. You shouldn't be waiting for too long to get this sorted out IMO.
SusieQQQ
Well-Known Member
Agree. I’m sure it’s going to be inconvenient, but it boils down to how badly you actually want this.
Worst case outcome: something happens in June 2023 (pandemic #2, world war, another icelandic volcanic eruption delays flights for weeks, whatever) and your family cannot get back to the US before their temporary green cards expire. Then they have no green cards at all.
Hello SusieQQQ, Sm1Smom hope you good
Today was last day however my status still displays refused (with short description). Others whose case were under AP most of they case issued , not mine they still did not email to me.
Do they email after fiscal year finish or they just send passport back ?
Thanks
Today was last day however my status still displays refused (with short description). Others whose case were under AP most of they case issued , not mine they still did not email to me.
Do they email after fiscal year finish or they just send passport back ?
Thanks
Hi everyone. I wanna know if my understanding is correct.
Can I arrive in the USA on the weekend and leave straight after just to activate the green card? Then come back in mid-December for a couple of weeks and file an I131. In this case, I'd need to also be back for a third entry to do the biometrics. Will any of this cause a problem?
The reason is also that I wanna finish my thesis for the studies I started before winning DV which will be done by the end of September 2023.
Will any of this cause a problem?
The reason I'm being so panicky about this is that they seem to have screwed up the numerical control. Check out savediversityvisa.com. They may have gone over the cap by about 500 visas.
Can I arrive in the USA on the weekend and leave straight after just to activate the green card? Then come back in mid-December for a couple of weeks and file an I131. In this case, I'd need to also be back for a third entry to do the biometrics. Will any of this cause a problem?
The reason is also that I wanna finish my thesis for the studies I started before winning DV which will be done by the end of September 2023.
Will any of this cause a problem?
The reason I'm being so panicky about this is that they seem to have screwed up the numerical control. Check out savediversityvisa.com. They may have gone over the cap by about 500 visas.
SusieQQQ
Well-Known Member
Why do you need an i131? The frequent and brief in and outs would likely get you questioned. If you’ll be done in September 2023, why not just come in December to activate then return September? Or come this weekend and return in September, tighter but still fine.
They’re not going to pull your visa. As for going over cap, it’s been done before though not sure if that was just the then 50k cap. Regardless. They’re not going to pull your visa.
Thank you, Susie.
Pragmatically, I may manage to finish my things by the end of 2023. However, I may wanna do an internship or something in the US for the summer of 2023 (June-September). My US visa expires end of December.
I thought the best option (a bit of paranoia) was to "activate" it sooner than later. It's way much easier [not prolonging my current stay even more] for me to act now rather than during the remaining months.
My possible travels/stays in the US
This Weekend: Activation
Mid-December to Early Jan: Staying in the US. Not much of a reason really.
Summer: In the US
Move permanently about Jan 2024.
I guess the cleanest one seems to be any of the below:
1)Activate in October, and then be back in June/July for the summer. Then figure it out from there. Either apply for I-131 or just leave for three-four months and be back forever.
2) Activate in October, finish my stuff in my current place by the end of September, and move to the US forever.
So, I guess just to avoid the travel in late December - Early Jan and try and be (almost) done by Summer.
Sm1smom
Super Moderator
I'm sorry, it seems your AP never got resolved before the end of the 2022 FY, meaning the case will be subsequently denied. I think in general, they tend to send out an email about the denial after the end of the FY, with instructions to pick up the passport. However, I faintly remember a couple of cases never received the email, and the selectees had to follow up with their embassy to request the return of their passport.
I do encourage you to make another attempt with DV 2014, you may be lucky to get selected again, and the process may end up better for you than this one did.
SusieQQQ
Well-Known Member
@Butters Do you do lab work or something that you need to be physically present for the thesis? I actually spent my first 6 months in the US finishing up a thesis. I returned to the university a couple of times during that time but my supervisor/thesis advisor was happy to do most stuff electronically. A couple of supervision visits and one for thesis defense was fine. Maybe an angle you might want to think of.
Actually, currently, I have seminars until Feb, which require physical presence. Then it's writing a thesis. I could do it from the US. Honestly, I'm cool if after Summer I could just travel to my current place every two/three weeks staying three days each time until end of 2023.@Butterso you do lab work or something that you need to be physically present for the thesis? I actually spent my first 6 months in the US finishing up a thesis. I returned to the university a couple of times during that time but my supervisor/thesis advisor was happy to do most stuff electronically. A couple of supervision visits and one for thesis defense was fine. Maybe an angle you might want to think of.
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Samusoni
Registered Users (C)
Our friend came to the US as a refugee. The wife won the DV 2022. (AF000039XXXX). At the interview they were told that the husband's visa would be in the US and he will need to apply for an adjustment of status (AOS) to get it. My friend does not know how to proceed with this. My fear is that he has lucked out on AOS, since the cutoff for DV is today. Am I wrong? Any advice?
Sm1smom
Super Moderator
The spouse is no longer eligible for a DV based FTJ, DV 2022 ends today.
Samusoni
Registered Users (C)
Thanx. Just curious, what is FTJ. Now, any suggestion what they should do? Family sponsorship?
Xarthisius
Well-Known Member
FTJ - Follow to Join is process where the primary beneficiary adjusts status in US, and their spouse/children undergo consular processing abroad.
Family sponsorship is the only way to go, DV22 has just ended.
SusieQQQ
Well-Known Member
Well, it”s not as simple as “family sponsorship”. Yes the wife can file, but whether that leads to a green card depends on a number of things. If he wants to adjust status as the spouse of a LPR, he will need to have been inspected and admitted into the US (that is, formally gone through a border post) and never been out of status while in the US. Did he enter legally, what is his actual current status and has he always been in status? If he has been out of status at some stage he would need to wait until his wife is a citizen, when as a spouse of USC he would be forgiven for having been out of status. However if he entered illegally he can’t adjust, regardless if wife becomes a citizen.
Samusoni
Registered Users (C)
He entered legally as a visitor. But then applied for asylum. His refugee claim is still pending. And they didn't understand what the CO meant by adjustment of status when they arrive in the US. The rest of the family arrived late in the US (August), so am not sure if there was enough time to try AOS either. As far as I know, he has never been out of status.