DV 2022 AOS (Adjustment of Status) Only

[lolopolo]

Hey guys,

As we’re approaching the last quarter of the DV season, I’d like to think thru the course of action in case of a potential explicit denial (I know that mods don’t like hypothetic situations, but this info might be very actionable for me; kind of a continuation of my previous topic)

1. Would the denial be permanent, i.e., one couldn’t get an LPR status thru AOS in the future? DV lottery is probably the most lenient process in terms of prerequisites/requirements, so if someone is denied, I don’t see how the reason for that denial can become immaterial going forward.
2. I see that in most cases it’s recommended to concisely respond to questions during the interview and not volunteer any additional information. Would it help to provide additional context to the IO (e.g., what circumstances made you choose AOS over the CP process, considering known “red flags”)?
3. The spreadsheet says an appeal is possible – have you seen successful appellations in the past? Would going that route be feasible for the remaining timeframe?
4. Have you seen cases in the past when someone switched to CP at the very last moment (say, 1.5-2 months before Sep 30 deadline) and got approved?
Thanks in advance for bearing with me - I cannot sleep well with these unanswered . Any piece of advice would be appreciated!

 

[Sm1smom]

Hey guys,

As we’re approaching the last quarter of the DV season, I’d like to think thru the course of action in case of a potential explicit denial (I know that mods don’t like hypothetic situations, but this info might be very actionable for me; kind of a continuation of my previous topic)

1. Would the denial be permanent, i.e., one couldn’t get an LPR status thru AOS in the future? DV lottery is probably the most lenient process in terms of prerequisites/requirements, so if someone is denied, I don’t see how the reason for that denial can become immaterial going forward.
2. I see that in most cases it’s recommended to concisely respond to questions during the interview and not volunteer any additional information. Would it help to provide additional context to the IO (e.g., what circumstances made you choose AOS over the CP process, considering known “red flags”)?
3. The spreadsheet says an appeal is possible – have you seen successful appellations in the past? Would going that route be feasible for the remaining timeframe?
4. Have you seen cases in the past when someone switched to CP at the very last moment (say, 1.5-2 months before Sep 30 deadline) and got approved?
Thanks in advance for bearing with me - I cannot sleep well with these unanswered . Any piece of advice would be appreciated!

1. It depends. Example: denial based on moral turpitude will always apply to any other subsequent AOS filing. Denial for being out of status will be overlooked for a marriage based AOS filing (if the marriage is to a USC).
2. More often than not, providing unsolicited information tends to create more havoc as against being helpful.
3. Yes. Folks have been able to successfully plead their cases and appeal wrongly denied cases in person, or through congressional assistance - some of those cases are already listed on the DV Tracker spreadsheet. This is not to be confused with filing a motion to appeal which takes several months.
4. Yes, a few. This will involve a direct coordination effort between the embassy/consulate involved and the FO, in the case where the AOS process as already been initiated. Applicant approaches the embassy directly with an appeal for them to take on their case (such an appeal was due to sunset factor, and not because the selectee was in any form of violation), the embassy upon agreeing schedules an interview and requests the KCC file from the FO (when the KCC file already got sent to the FO following the AOS filing).

 

[Enas ahmed]

Hello

I am lottery DV 2022 winner from egypt

My case number is 20k + and current for interview .

Me and my family member have B1/B2 visa and will be at usa end of july

I would like to ask about the possibility and requirements to attend the interview at USA ,

Thank you

 

[Sm1smom]

Hello

I am lottery DV 2022 winner from egypt

My case number is 20k + and current for interview .

Me and my family member have B1/B2 visa and will be at usa end of july

I would like to ask about the possibility and requirements to attend the interview at USA ,

Thank you

AOS is intended for people already residing in the US before the decision to file for AOS was made. Entering the US on a non-dual intent NIV with a preconceived intent of filing for AOS is considered a fraudulent attempt at obtaining an immigration benefit, which is frowned upon. However, if you declare this preconceived intent of filing AOS at the POE and you are subsequently admitted into the US following that declaration, filing for AOS after that will most likely not be considered a fraudulent attempt at obtaining an immigration benefit.

CAVEAT: The IO, at the time of the AOS can still ask why you decided to enter the US and process AOS even if this intent was disclosed at the POE. You will need to be prepared for this.

DISCLOSURE: We’ve had previous cases of DV selectees who entered the US on a visitor’s who subsequently successfully processed their selection via AOS without declaring their preconceived AOS intent at the POE.

NOTE: Should you decide to proceed with entering the US to file for AOS, do make sure you understand the AOS process before doing so. I highly recommend you go through the AOS process spreadsheet to ensure you understand the steps involved.

 

[namyahc1]

4. Yes, a few. This will involve a direct coordination effort between the embassy/consulate involved and the FO, in the case where the AOS process as already been initiated. Applicant approaches the embassy directly with an appeal for them to take on their case (such an appeal was due to sunset factor, and not because the selectee was in any form of violation), the embassy upon agreeing schedules an interview and requests the KCC file from the FO (when the KCC file already got sent to the FO following the AOS filing).

1. In this case, is any additional paperwork required or does the paperwork sent to lockbox & ds260 cover everything the embassy needs for the case?
2. Can the swap be made at any stage in AOS or does it have to be after the FO has the file?
3. Does the paperwork sent to the lockbox go to KCC before the FO? Is the aos packet (medical, i485, 2 photos etc etc) the “file” or is that not related to the file the KCC sends to FO/embassy?

 

[chtredfire]

You’ve already done your bio though, so it doesn’t seem to me like your case is comparable to @txoutback’s, at least for now. And looking at their timeline, shown below, I do not see anything to give me the impression you have as to the Albany FO not being the sharpest when it comes to DV cases - the referenced member’s AOS package was accepted towards the end of June, it’s not like the case had been pending for so long:

6/22 Accepted at Chicago lockbox
7/7 NOA for AOS issued.
Late July Congressional Inquiry #1 for Biometric appointment and interview
8/13 Biometric appointment done with code#3. Original notice showed #2.
Late August Congressional Inquiry#2 for interview appointment. "The case is in background check. No timeline provided."
Early September CIS Ombudsman inquiry submitted for interview
9/18 Interview completed. FO didn't have KCC FILE.
9/23 Case approved.


1. So yes, your case is still within the normal timeline.
2. It’s a matter of luck.
3 & 4. Be patient for now.

Hi mom, I sent an inquiry to USCIS on 6/17 and got the following reply from Albany, NY FO.

The status of this service request is:

On June 17, 2022, you or your representative contacted U.S. Citizenship and Immigration Services (USCIS) about your Form I-485, Application to Register Permanent Residence or Adjust Status.
We are still reviewing your case. Should we require additional documentation from you, we will notify you by mail. Should your case require an interview, we will notify you by mail once a date and time becomes available. If your case does not require any additional documents or an interview, we will mail you a notice when we make a decision.

Is there any information that I could infer from the above reply like if the background check is still not complete, or is it just like a generic reply?

 

[Sm1smom]

1. In this case, is any additional paperwork required or does the paperwork sent to lockbox & ds260 cover everything the embassy needs for the case?
2. Can the swap be made at any stage in AOS or does it have to be after the FO has the file?
3. Does the paperwork sent to the lockbox go to KCC before the FO? Is the aos packet (medical, i485, 2 photos etc etc) the “file” or is that not related to the file the KCC sends to FO/embassy?

1 & 3: KCC has play no role in AOS processing (with the exception of the DV Administrative fee, which is a KCC related fee), nothing you've sent as part of your AOS package gets sent to the KCC. Your AOS package cannot be used for CP, you'll still need to follow the CP requirements in this case.
2. The swap could be initiated anytime (after filing AOS) before or after the KCC file gets sent to the FO.

NOTE: Attempting a swap at such a stag, tempting as it may seem, is not something I would recommend unless it is highly critical. This is sort of like a Hail Mary Pass (anyone familiar with football will understand this terminology) - a final move in a desperate situation. It is not as simple as it may seem, could actually backfire.

 

[Sm1smom]

Hi mom, I sent an inquiry to USCIS on 6/17 and got the following reply from Albany, NY FO.

The status of this service request is:

On June 17, 2022, you or your representative contacted U.S. Citizenship and Immigration Services (USCIS) about your Form I-485, Application to Register Permanent Residence or Adjust Status.
We are still reviewing your case. Should we require additional documentation from you, we will notify you by mail. Should your case require an interview, we will notify you by mail once a date and time becomes available. If your case does not require any additional documents or an interview, we will mail you a notice when we make a decision.

Is there any information that I could infer from the above reply like if the background check is still not complete, or is it just like a generic reply?

Generic response.

 

[SusieQQQ]

Hey guys,

As we’re approaching the last quarter of the DV season, I’d like to think thru the course of action in case of a potential explicit denial (I know that mods don’t like hypothetic situations, but this info might be very actionable for me; kind of a continuation of my previous topic)

1. Would the denial be permanent, i.e., one couldn’t get an LPR status thru AOS in the future? DV lottery is probably the most lenient process in terms of prerequisites/requirements, so if someone is denied, I don’t see how the reason for that denial can become immaterial going forward.
2. I see that in most cases it’s recommended to concisely respond to questions during the interview and not volunteer any additional information. Would it help to provide additional context to the IO (e.g., what circumstances made you choose AOS over the CP process, considering known “red flags”)?
3. The spreadsheet says an appeal is possible – have you seen successful appellations in the past? Would going that route be feasible for the remaining timeframe?
4. Have you seen cases in the past when someone switched to CP at the very last moment (say, 1.5-2 months before Sep 30 deadline) and got approved?
Thanks in advance for bearing with me - I cannot sleep well with these unanswered . Any piece of advice would be appreciated!

Mom has answered well already but another obvious one re 1, if you are denied for a disqualifying factor specific to DV (such as wrong country of eligibility) that would have no impact on future applications.
In short it depends if the reason is specific to the type of application or is a more general type of denial, as well as what the future basis for adjustment is. Some denials - for example having been out of status at some stage being a bar - apply to most forms of AOS but are excused if adjusting under immediate relative status, for example.

 

[SusieQQQ]

1. In this case, is any additional paperwork required or does the paperwork sent to lockbox & ds260 cover everything the embassy needs for the case?
2. Can the swap be made at any stage in AOS or does it have to be after the FO has the file?
3. Does the paperwork sent to the lockbox go to KCC before the FO? Is the aos packet (medical, i485, 2 photos etc etc) the “file” or is that not related to the file the KCC sends to FO/embassy?

You do realize you would have to redo the medical in the country of interview, and pay the DV fee again at the embassy, right?

By the way, many embassies will probably have their DV interview slots for the year filled pretty soon, likely within the next month, and they’re not going to drop everything they’re doing to try fit in a last minute change. As mom says, it’s playing with fire trying to change to CP at this stage.

 

[ppsdanny]

Today I received my Welcome letters.
This forum is very helpful. Thanks

AOS FO: Norfolk, VA
Case Number:AS13xxx
VISA:E2 (5 people)
2/23/2022 DV fee delivered
3/1/2022 DV fee cashed
3/18/2022 DV fee receipts received
4/3/2022 AOS packages delivered
4/18/2022 Acceptance Texts received
4/22/2022 NOA Notices received
4/29/2022 BIO letters received. (Scheduled 5/16)
5/7/2022 Interview notices received. (Scheduled 6/2)
5/16/2022 Biometrics completed
6/2/2022 Interview Completed.
6/2~13/2022 Interview was completed and Must be reviewed
6/14/2022 New Card is be produced.
6/15/2022 Case was approved.
6/17/2022 Card was mailed to me.
6/21/2022 Welcome letters received.

 

[Dejavu2]

Great News! I sent my I-485 package on 06/11 and it was received on 06/13. Today (06/21), less than two weeks, I received the receipt number and acceptance notice from USCIS. (Phoenix Lockbox)

We received two receipt numbers for my wife (selected) and me, but I am not sure which one is for me or herself? Is that important?
Can somebody help me with the next steps?

 

[Sm1smom]

Great News! I sent my I-485 package on 06/11 and it was received on 06/13. Today (06/21), less than two weeks, I received the receipt number and acceptance notice from USCIS. (Phoenix Lockbox)

We received two receipt numbers for my wife (selected) and me, but I am not sure which one is for me or herself? Is that important?
Can somebody help me with the next steps?

You will be able to figure out which receipt number belongs to who once you get the NOA itself in the next couple of days. As for the next steps, take a look at the AOS Process Spreadsheet (the AOS Process tab in particular).

 

[Sm1smom]

Today I received my Welcome letters.
This forum is very helpful. Thanks

AOS FO: Norfolk, VA
Case Number:AS13xxx
VISA:E2 (5 people)
2/23/2022 DV fee delivered
3/1/2022 DV fee cashed
3/18/2022 DV fee receipts received
4/3/2022 AOS packages delivered
4/18/2022 Acceptance Texts received
4/22/2022 NOA Notices received
4/29/2022 BIO letters received. (Scheduled 5/16)
5/7/2022 Interview notices received. (Scheduled 6/2)
5/16/2022 Biometrics completed
6/2/2022 Interview Completed.
6/2~13/2022 Interview was completed and Must be reviewed
6/14/2022 New Card is be produced.
6/15/2022 Case was approved.
6/17/2022 Card was mailed to me.
6/21/2022 Welcome letters received.

Can you update the timeline spreadsheet with your case info? Other members will find it a lot more useful there compared to this thread where it will shortly get buried.

 

[refredem]

What Simon has stated with regards to the new I-134 is NOT applicable to DV selectees processing via AOS, that is only relevant to folks processing CP. USCIS did not say anything about interview needing to happen before June 27th, USCIS says they will accept old I-134 filed before June 27th. It is important to differentiate between what Simon says on his blog which is largely addressing folks filing CP and what USCIS which is the final authority of AOS cases says.

You have no personal income of your own to list on the new I-134 IMO, the income is under your husband's name. You have no W-2 or tax transcript to back up the claim of your husband's income as your personal income, not even the $5000 you get per his I-20, that is a stipend not an income. You are not employed by your husband's employer, or can you husband's employer provide you with a verification of employment letter? I don't think so.

Hi Sm1smom!
1. I have another question regarding the new I134. I'm finding a sponsor to fill out the form since judging by the timeline if I have an interview it would probably be after June 27th. This reply suggest the the new I134 is not applicable for AOSers. I am on F1 so I don't have other more definitive means to proof that I will not become a public charge except for my on campus job paychecks and my parents bank statement. Is it ok to still use the old edition? since the old edition I134 explicate state that it is to support me from becoming public charge.
2. so for the new I134, it is to support me for all my living expenses for a period of time while I need to stay in the US fro certain application requirement, If I check no end date for length of stay, does that mean the sponsor will have to support me indefinitely? the wording is quite strong, signing it would mean that the sponsor will need to be financially liable to support me while I stay in the US, is that correct?
3. Is this type of support necessary to prove that I will not become a public charge?

thank you so much for your reply, I hope you are having a good day!

 

[ppsdanny]

Can you update the timeline spreadsheet with your case info? Other members will find it a lot more useful there compared to this thread where it will shortly get buried.

Yes. But how can I update the timeline spreadsheet ?

 

[Sm1smom]

Hi Sm1smom!
1. I have another question regarding the new I134. I'm finding a sponsor to fill out the form since judging by the timeline if I have an interview it would probably be after June 27th. This reply suggest the the new I134 is not applicable for AOSers. I am on F1 so I don't have other more definitive means to proof that I will not become a public charge except for my on campus job paychecks and my parents bank statement. Is it ok to still use the old edition? since the old edition I134 explicate state that it is to support me from becoming public charge.
2. so for the new I134, it is to support me for all my living expenses for a period of time while I need to stay in the US fro certain application requirement, If I check no end date for length of stay, does that mean the sponsor will have to support me indefinitely? the wording is quite strong, signing it would mean that the sponsor will need to be financially liable to support me while I stay in the US, is that correct?
3. Is this type of support necessary to prove that I will not become a public charge?

thank you so much for your reply, I hope you are having a good day!

1. No, my response did not suggest the new I-134 is not applicable to AOSers, you have completely misunderstood what I wrote. Anyway, you and your sponsor should just go ahead and use the new I-134, it is as simple as that. If your interview will happen on or after June 27th, the old I-134 will no longer be valid, especially if it was not originally included with your AOS package (I'm assuming you already submitted your AOS package and did not include an I-134?).
2. Well, that is the intent since you are using it to support your application as a permanent residence, and not for a temporary visit. Anyway, the I-134 is not legally enforceable. It also does not mean your sponsor will be supporting you per se, you do plan on working and supporting yourself, right? So it does not mean "the sponsor will have to support (you) indefinitely", not unless you do plan on not working and being dependent on the government or your sponsor for support.
3. It is not necessary if you have some other means of demonstrating you're not likely to become a public charge should your IO require you to do that.

 

[Sm1smom]

Yes. But how can I update the timeline spreadsheet ?

You could send an access request directly from the spreadsheet or send me a PM with your email address.

 

[Sm1smom]

4. Have you seen cases in the past when someone switched to CP at the very last moment (say, 1.5-2 months before Sep 30 deadline) and got approved?
Thanks in advance for bearing with me - I cannot sleep well with these unanswered . Any piece of advice would be appreciated!

1. In this case, is any additional paperwork required or does the paperwork sent to lockbox & ds260 cover everything the embassy needs for the case?
2. Can the swap be made at any stage in AOS or does it have to be after the FO has the file?
3. Does the paperwork sent to the lockbox go to KCC before the FO? Is the aos packet (medical, i485, 2 photos etc etc) the “file” or is that not related to the file the KCC sends to FO/embassy?

@Grug, one of the DV2019 selectees (now a LPR, of course) has a very detailed account of this experience when they switched from AOS to CP in September 2019.

 

[archeronfield]

I am lost on the USCIS fee payment for 1225 USD. I will try to find out if any company sells 1 money order up to 1225 but if they don't exceed 1000 then I do not want to take the risk as USCIS intrustions say "You must submit all fees in the exact amounts." I just don't know.

I heard about cashier's check, but do you know if any US bank sells them to non-customer people like me? (I tried to open a bank account here in the US but I just can't due to my proof of address.)

If you can guide me more, I will really appreciate it. @Sm1smom @equilibreme