DV 2022 AOS (Adjustment of Status) Only

[Sharon27]

Congratulations Sharon!

Thank you

 

[megha_]

I

Just got reply from kcc saying please contact USCIS for your enquiry and USCIS is saying contact KCC

While filling DS-260 there is option to add new member. I think, if you are doing AOS, USCIS expects you to send the DV lottery fee for all member who is doing AOS. Nevertheless you have to have sufficient documented proof sent with AOS application, of your marriage.

 

[atrzad]

@Sm1smom I talked to a lawyer which said i could file a lawsuit and USCIS has 2 months to answer and the time frame that he gave me was more than 3 months which passes the Sept 30 deadline. The ombudsman office didn't came back to me and im pretty disappointed at this point. Do we have any case in the past which was not processed in time and they filed early in OCT ? On sept 30 when its not proccessed already we get a rejection notice? Can we file another 485 ? I have an approved 140​

 

[Sm1smom]

When she fill the entry for lottery she was single but before the result was announced of DV 2021 in may we were married in March2021

I

Just got reply from kcc saying please contact USCIS for your enquiry and USCIS is saying contact KCC

1. When your wife submitted the DS260 form, did you guys use the "add applicant" button to generate a separate DS260 form for you, or you were just listed on your wife's DS260 as her spouse?
2. Did you guys make $660 administrative fee payment, or you paid $330?

 

[Sm1smom]

@Sm1smom I talked to a lawyer which said i could file a lawsuit and USCIS has 2 months to answer and the time frame that he gave me was more than 3 months which passes the Sept 30 deadline. The ombudsman office didn't came back to me and im pretty disappointed at this point. Do we have any case in the past which was not processed in time and they filed early in OCT ? On sept 30 when its not proccessed already we get a rejection notice? Can we file another 485 ? I have an approved 140​

Sorry to learn you've not had any more update on your case, it is quite unfortunate follow-up efforts haven't helped either in your case. Yes you can file a WOM (writ of mandamus) at this point if you like. Yes a WOM will force USCIS to respond within 60 days of when it get's filed. A WOM however cannot force an approval over a non-approvable case or force USCIS to approve a case with a pending background check clearance - it will only force the case to be denied in such a situation when the 60 day deadline approaches and the background check clearance is still pending.
1. Yes, there have been cases in the past that got stuck in background check and never got processed by the end of the FY - I can't remember the exact month(s) those cases got filed, but they did file early enough.
2. The denial notice may take a while to arrive.
3. I previously answered this question here

p.s. number your questions.

 

[Idris]

Yes we

While filling DS-260 there is option to add new member. I think, if you are doing AOS, USCIS expects you to send the DV lottery fee for all member who is doing AOS. Nevertheless you have to have sufficient documented proof sent with AOS application, of your marriage.

We did fill out ds260 together in August at same time in kiyv the IO said that the KCC is not providing Visa number to me but he approved my wife card

Below are the updates of our cases,

After we left the field office (first interview), we sent the email to the KCC on 6/22.
KCC replied on 6/26 with the general guidance as same as the contents showed on the official website.
So we decided to fill out the DS-260 on 6/26, and walked-in to the field office on 6/28.

We tried to persuade the officer that we have done everything, and also on the official website
it said "It will not be necessary for you to contact the Kentucky Consular Center (KCC) for any further information or instructions if you are eligible and apply to adjust status in the United States. "
However, the officer still asked us to wait until she received my wife case file from KCC so that she'll continue to process our case.
In order to speed up, we sent the email again on 6/27 to inform KCC about our situation, and ask them to send my wife's case to the field office as soon as possible.
KCC replied us on 6/30 said "The information you provided will be forwarded to the appropriate department."
Finally, our case status has changed to "New card is being produced" in the evening on 6/30, and became "Case was approved " at the next day.

Thanks to this forum and mom for all the help and guidance.
Last but not least, I would recommend the lottery winner to fill out the DS-260 for both you and your spouse if decided to get marry

1. When your wife submitted the DS260 form, did you guys use the "add applicant" button to generate a separate DS260 form for you, or you were just listed on your wife's DS260 as her spouse?
2. Did you guys make $660 administrative fee payment, or you paid $330?

Yes we did add applicant button to form ds260 in August for secondary applicant and we did make payment 660$ to KCC for both of us the USCIS did send us recipient notice and biometric notices for both if us.

 

[Sm1smom]

Yes we

We did fill out ds260 together in August at same time in kiyv the IO said that the KCC is not providing Visa number to me but he approved my wife card



Yes we did add applicant button to form ds260 in August for secondary applicant and we did make payment 660$ to KCC for both of us the USCIS did send us recipient notice and biometric notices for both if us.

Okay, you did everything you were supposed to do. Looks like a miscommunication between the KCC and your FO. I believe the issue will be resolved based on the follow-up email you already sent to the KCC. Don't worry about the response you got for now. Give it a couple of weeks for now. If there's no update from your FO by the end of July, then I suggest you initiate a congressional case inquiry/assistance at that point ( you will contact your congress person and request their help with following up on your case with your FO).

 

[Idris]

Okay, you did everything you were supposed to do. Looks like a miscommunication between the KCC and your FO. I believe the issue will be resolved based on the follow-up email you already sent to the KCC. Don't worry about the response you got for now. Give it a couple of weeks for now. If there's no update from your FO by the end of July, then I suggest you initiate a congressional case inquiry/assistance at that point ( you will contact your congress person and request their help with following up on your case with your FO).

Thanks for your quick response and assistance

 

[Dejavu2]

@Sm1smom
I have the same case as the other two guys (marriage after winning the lottery). Do you suggest me contact KCC for sending my DS260 to USCIS before the interview date? or I should wait till I hear back from USCIS?

We have submitted DS260 and sent our DS260 confirmation with our I485 packages.

 

[atrzad]

Sorry to learn you've not had any more update on your case, it is quite unfortunate follow-up efforts haven't helped either in your case. Yes you can file a WOM (writ of mandamus) at this point if you like. Yes a WOM will force USCIS to respond within 60 days of when it get's filed. A WOM however cannot force an approval over a non-approvable case or force USCIS to approve a case with a pending background check clearance - it will only force the case to be denied in such a situation when the 60 day deadline approaches and the background check clearance is still pending.
1. Yes, there have been cases in the past that got stuck in background check and never got processed by the end of the FY - I can't remember the exact month(s) those cases got filed, but they did file early enough.
2. The denial notice may take a while to arrive.
3. I previously answered this question here

p.s. number your questions.

Thank you for your reply my status is F1 and i havent used my EAD , i was wondering if i can /should file another 485 based on my approved 140 at this point?

 

[Sm1smom]

@Sm1smom
I have the same case as the other two guys (marriage after winning the lottery). Do you suggest me contact KCC for sending my DS260 to USCIS before the interview date? or I should wait till I hear back from USCIS?

We have submitted DS260 and sent our DS260 confirmation with our I485 packages.

Your situation is not necessarily the same as the two other cases you’re referencing. The first case did not fill and submit the DS260 for themself or their spouse. The second case was originally supposed to process CP.

 

[dv2022gcc]

Hi, today I had a live chat with a USCIS representative as attached below, and they said my case is still with the NBC and not yet forwarded to the Albany FO. However, Albany FO replied to my inquiry on 6/17 as in the quoted post above which indicates they have my case.

1) I am really confused about the status of my case, what does it mean that it is still at NBC?
2) I waited for the interview letter for around 50 days after my bio on May 9th. Should I go ahead with a Congressional inquiry, next week?

Thank you!

Hey, Can I ask how did you submit a USCIS inquiry for your application? I just submitted one and it says that my case is within the normal processing time, so I cannot create an inquiry. I chose the category of "not normal processing time". How did you manage to submit/create the inquiry with them? I am still waiting on the letter of my interview. Thanks.

 

[Sm1smom]

Thank you for your reply my status is F1 and i havent used my EAD , i was wondering if i can /should file another 485 based on my approved 140 at this point?

Not unless your F1 status is about to end, I wouldn’t recommend doing so at this point. I would rather wait and see how this current filing ends (as long as the current valid status is not about to expire) before filing an I-140 based AOS if this was my case.

 

[Sknpl]

Take a look at the Timeline spreadsheet to get an idea of how long on average it took other AOSers from your FO to get their IL.

As per the timeline spreadsheet for the Philadelphia FO, people have received their Bio and Interview letters within two days of each other. So I am quite worried as it didn't go the same with me.

 

[Angel115]

As per the timeline spreadsheet for the Philadelphia FO, people have received their Bio and Interview letters within two days of each other. So I am quite worried as it didn't go the same with me.

I am also in Philadelphia, received my bio appointment but no news about my interview date. I think the Philly FO might be behind because of holidays.

 

[chtredfire]

Hey, Can I ask how did you submit a USCIS inquiry for your application? I just submitted one and it says that my case is within the normal processing time, so I cannot create an inquiry. I chose the category of "not normal processing time". How did you manage to submit/create the inquiry with them? I am still waiting on the letter of my interview. Thanks.

Hi, yes, I too was directed to the same page. what I did was I chose the category missing an interview notice. It would probably be an incorrect category. However, I didn't get the Interview letter and I was wondering whether it is missing, so I used that.

 

[chtredfire]

Hey, Can I ask how did you submit a USCIS inquiry for your application? I just submitted one and it says that my case is within the normal processing time, so I cannot create an inquiry. I chose the category of "not normal processing time". How did you manage to submit/create the inquiry with them? I am still waiting on the letter of my interview. Thanks.

btw, could you share your timeline? when did you complete the bio?

 

[m_abdulhafez]

Case update:
Status: F1 OPT
Case number AS8xxx.
My wife is currently in Japan and will be doing FTJ after I complete my AOS. DS260 submitted with that indicated as well as cover letter.
I added that in my cover letter hoping they would expedite the interview.

03/01/2022: AOS package sent
03/15/2022: NOA
04/18/2022: Biometrics
06/08/2022: Congressional inquiry sent , explaining the case with the FTJ and requesting an expedited interview.
06/30/2022: Email from KCC
"KCC has received payment of $330.00 for your case file. You have a case size of 2. Please send the remaining payment or provide a written statement"
Replied and got a same day generic reply about AOS process. Resent email with more clarification.
07/05/2022: Reply from KCC:
"The adjustment of status fee to the Department of State has been paid or indications on your DS-260 show that you wanted to adjust your status in the US. The payment of the adjustment of status fee indicates to KCC that you are residing in the US and wish to process your case at the local USCIS office. As a result, KCC did not continue the processing your case. To continue this case to consulate processing, please notify KCC with your request."
07/06/2022: Called USCIS to request appointment with Tier 2 agent
07/06/2022: Congressman Office received this reply:
Thank you for your inquiry June 8, 2022, regarding (Name) and the application for permanent residence/adjustment of status.
U.S. Citizenship and Immigration Services (USCIS) records confirm that your constituent's case was transferred to the Phoenix Field Office, Phoenix, AZ. The case will be reviewed by an Immigration Services Officer to determine if additional information is needed or if a final adjudication can be reached. Your constituent will be notified by mail once an update is available. Your constituent can check case status on our website at uscis.gov by simply entering the receipt number listed above. Please note we are unable to provide a timeframe for the completion of this process. USCIS is mindful of the inconvenience of this matter and the case will be worked as soon as possible.

I am not sure what is the current status of my case? I am running out of time and as of today my status is still at "Case was updated to show fingerprints were taken"

1) What do they mean case is transferred to FO? Where was is transferred from? KCC?
2) Does the case being at the local FO mean I will receive an appointment soon?
3) How can I contact them/escalate/expedite an interview?
4) Can congressman offices contact FO?

 

[ccccccc]

My FO is also LA, timeline is similar to Ckb and micleung.
However I still haven't got assigned an interview. This make me really worried.
When I checked with Contact Center the agent said my case is at FO in May till last week, and it's transferred back to NBC yesterday.
I didn't front load medical (not my idea and I definitely regret not doing so...)
Is it still possible to waive interview and receive RFE instead? Should I interfile?

 

[Sm1smom]

Case update:
Status: F1 OPT
Case number AS8xxx.
My wife is currently in Japan and will be doing FTJ after I complete my AOS. DS260 submitted with that indicated as well as cover letter.
I added that in my cover letter hoping they would expedite the interview.

03/01/2022: AOS package sent
03/15/2022: NOA
04/18/2022: Biometrics
06/08/2022: Congressional inquiry sent , explaining the case with the FTJ and requesting an expedited interview.
06/30/2022: Email from KCC
"KCC has received payment of $330.00 for your case file. You have a case size of 2. Please send the remaining payment or provide a written statement"
Replied and got a same day generic reply about AOS process. Resent email with more clarification.
07/05/2022: Reply from KCC:
"The adjustment of status fee to the Department of State has been paid or indications on your DS-260 show that you wanted to adjust your status in the US. The payment of the adjustment of status fee indicates to KCC that you are residing in the US and wish to process your case at the local USCIS office. As a result, KCC did not continue the processing your case. To continue this case to consulate processing, please notify KCC with your request."
07/06/2022: Called USCIS to request appointment with Tier 2 agent
07/06/2022: Congressman Office received this reply:
Thank you for your inquiry June 8, 2022, regarding (Name) and the application for permanent residence/adjustment of status.
U.S. Citizenship and Immigration Services (USCIS) records confirm that your constituent's case was transferred to the Phoenix Field Office, Phoenix, AZ. The case will be reviewed by an Immigration Services Officer to determine if additional information is needed or if a final adjudication can be reached. Your constituent will be notified by mail once an update is available. Your constituent can check case status on our website at uscis.gov by simply entering the receipt number listed above. Please note we are unable to provide a timeframe for the completion of this process. USCIS is mindful of the inconvenience of this matter and the case will be worked as soon as possible.

I am not sure what is the current status of my case? I am running out of time and as of today my status is still at "Case was updated to show fingerprints were taken"

1) What do they mean case is transferred to FO? Where was is transferred from? KCC?
2) Does the case being at the local FO mean I will receive an appointment soon?
3) How can I contact them/escalate/expedite an interview?
4) Can congressman offices contact FO?

The official current status is what you’re able to see - fingerprints taken, bio completed. The unofficial status IMO is although bio completed, background check clearance is still pending hence no interview schedule as of now. Your FO is already aware of your case being a DV one, they’re aware of the process involved. They’ve already contacted the KCC to request your KCC file - that is the reason for the initial email request from KCC. KCC wouldn’t have asked you to explain why only one payment was made, if the FO was yet to send a request for the KCC file.

1&2. That is just a confirmation your AOS application already got sent from the NBC to your FO like it should, and it is currently awaiting an interview slot at the FO.
3&4. Congressional inquiry is usually sent to the FO. A Tier 2 agent (if you’re able to get one) may be able to submit an inquiry on your behalf. You can also try using the eService Request Tool to see if the system will allow you to submit a case inquiry.