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DV 2022 AOS (Adjustment of Status) Only

grafaah said:
Hello Mom,

Do I still have hope? I have not seen any updates on my case even though the other applicant in my same FO has seen card production last week. I reached out to my congressional representative and here is attached response;

Currently, 80% of Form I-485 applications out of the National Benefit Center are being processed in approximately 14 months. However, in some instances, application processing may take longer. Your application was received by USCIS on April 4, 2022. At this time, USCIS processing guidelines indicate that your application will fall outside normal processing times on October 23, 2023. If you have not received anything from the agency by this date, my office can assist with making an inquiry to USCIS.

Exceptions to this policy are made only by providing proof that meets the following criteria:

  • Severe financial loss to company or individual, provided that the need for urgent action is not the result of the petitioner's or applicant's failure to timely file the benefit request, or timely respond to any requests for additional evidence
  • Extreme emergent situation
  • Humanitarian situation
  • Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
  • U.S. government interests or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
  • USCIS error

From the above response, I presume USCIS is treating my case like the regular i-485. I responded back to the Senator highlighting why my case is an Extreme Emergent Situation with a link and screenshot that visas cannot be carried over to the next fiscal year. I have an FTJ case as well. I also responded back to KCC but there is no sure way to tell if they have sent my case file to USCIS as they keep responding back with the same generic email:

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.
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I do not or cannot infer USCIS is treating your case as a regular I-485 based on the above response from your senator's office. What I can infer from it is that they never bothered to contact USCIS on your behalf, this is their own response after reviewing your request considering the response ends with "If you have not received anything from the agency by this date, my office can assist with making an inquiry to USCIS". Plus you already had your interview back on 6/29, barely two months after filing - if your FO was treating your case as a regular I-485, trust me, you wouldn't even been on their radar to be scheduled for the interview for the next 4 months at least.

Your FO may still be waiting for your KCC file, considering KCC already sent you an email to explain why you there's no payment for your derivative. That is what you need to address IMO. You need to need to keep at KCC until their response seem to acknowledge they understand you. Take a look at this post for instance from @archeronfield, it took at least two attempts for KCC to not send back their standard canned response. My suggestion is to send a "fresh" response to KCC's original mail asking you to make the additional payment for your derivative or explain why only one payment was made. By "fresh response" I mean make it look like it is the first time you're responding to that email, make sure it does not include any previous back and forth conversation you might have had with them. Also make the response simple and straight to the point, basically saying your derivative is not processing AOS with you, try and keep it simple with them.

p.s. per the spreadsheet, I do not see a CPO date from @Luci80 who happens to be the other applicant from your FO who interviewed a couple of days before you. Is this the other applicant you're referring to as the person who saw CPO last week?
 
Hi Mom,

Ive wondered if you have come across my situation before.

My E3 visa expired during Covid so i couldn't leave the country to renew. I applied and received a I-797A approval notice to stay in the country legally. Of course this isn't a visa and according to the notice no guarantee of AOS.

I am hoping there is some leniency around this in my AOS case but am starting to worry it might be holding up my case. current status says 'fingerprints taken..' but no interview schedule as of yet.

Ive initiated a congressional inquiry but no word from them yet.

- In your opinion should i have reason for concern?
 
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Benbob said:
Hi Mom,

Ive wondered if you have come across my situation before.

My E3 visa expired during Covid so i couldn't leave the country to renew. I applied and received a I-797A approval notice to stay in the country legally. Of course this isn't a visa and according to the notice no guarantee of AOS.

I am hoping there is some leniency around this in my AOS case but am starting to worry it might be holding up my case. current status says 'fingerprints taken..' but no interview schedule as of yet.

Ive initiated a congressional inquiry but no word from them yet.

- In your opinion should i have reason for concern?
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You do not need an actual visa to remain the in the country, the visa is basically the document that allows you to be admitted into the country. Did you apply for the EOS before your current status expired? If you did, I don't see your inability to leave the country and apply for a new E3 visa as an issue for your DV based AOS application.

p.s. I deleted your attached NOA as it had your full name displayed.
 
Sm1smom said:
1. Most likely your DV based AOS application IO requested for the NIW immigration file. This is quite normal when there are multiple applications in the system at the same time.
2. Nope, they will not approve both AOS cases, only one will be approved. The second one will subsequently get denied after a while if not withdrawn.
3. You do not need to do anything. The decision makers are already aware of your situation.
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Thank you!
 
Sm1smom said:
I do not or cannot infer USCIS is treating your case as a regular I-485 based on the above response from your senator's office. What I can infer from it is that they never bothered to contact USCIS on your behalf, this is their own response after reviewing your request considering the response ends with "If you have not received anything from the agency by this date, my office can assist with making an inquiry to USCIS". Plus you already had your interview back on 6/29, barely two months after filing - if your FO was treating your case as a regular I-485, trust me, you wouldn't even been on their radar to be scheduled for the interview for the next 4 months at least.

Your FO may still be waiting for your KCC file, considering KCC already sent you an email to explain why you there's no payment for your derivative. That is what you need to address IMO. You need to need to keep at KCC until their response seem to acknowledge they understand you. Take a look at this post for instance from @archeronfield, it took at least two attempts for KCC to not send back their standard canned response. My suggestion is to send a "fresh" response to KCC's original mail asking you to make the additional payment for your derivative or explain why only one payment was made. By "fresh response" I mean make it look like it is the first time you're responding to that email, make sure it does not include any previous back and forth conversation you might have had with them. Also make the response simple and straight to the point, basically saying your derivative is not processing AOS with you, try and keep it simple with them.

p.s. per the spreadsheet, I do not see a CPO date from @Luci80 who happens to be the other applicant from your FO who interviewed a couple of days before you. Is this the other applicant you're referring to as the person who saw CPO last week?
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Thanks Mom. Yes @Luci80 had CPO last week, she will update the spreadsheet. We've been encouraging each other outside of the forum. I have sent a fresh email to KCC - simple and straight as you've advised. I'll update if anything. Thanks a bunch.
 
grafaah said:
Thanks Mom. Yes @Luci80 had CPO last week, she will update the spreadsheet. We've been encouraging each other outside of the forum. I have sent a fresh email to KCC - simple and straight as you've advised. I'll update if anything. Thanks a bunch.
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maybe you can encourage each other to keep the forum or at least the spreadsheet updated as well, especially seeing as this is where you both know each other from and both get a lot of information from too.
 
Hi Mom and Susie,

I expect the answer is that I need to be more patient, though I wanted to ask how long I should wait to receive my interview notice given September is fast approaching and this is the cut-off. I had my biometrics appointment on the 27th of July, as reflected in the 2022 tracker. Thank you, and apologies for the very repetitive question.
 
Sm1smom said:
You do not need an actual visa to remain the in the country, the visa is basically the document that allows you to be admitted into the country. Did you apply for the EOS before your current status expired? If you did, I don't see your inability to leave the country and apply for a new E3 visa as an issue for your DV based AOS application.

p.s. I deleted your attached NOA as it had your full name displayed.
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when you say EOS did you mean AOS?
 
grafaah said:
Thanks Mom. Yes @Luci80 had CPO last week, she will update the spreadsheet. We've been encouraging each other outside of the forum. I have sent a fresh email to KCC - simple and straight as you've advised. I'll update if anything. Thanks a bunch.
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Thanks for the confirmation. Good to know you've been encouraging each other outside of the forum.

I think it is rather selfish for anyone who has openly benefited from this forum and other AOSers updates from the timeline spreadsheet to be privately sharing their updates in the name of encouraging one another. When these same folks have an issue or a problem, they're quick to post in the forum though. Imagine if those of us freely providing all the support and guidance here were doing so privately, no one here would have had the free support being provided openly in the forum - it is precisely because of this that I refuse to respond to PMs when folks reach out to me directly that way. So, so selfish and super annoying. To think this is the second of such report in less than a month!

p.s. my annoyance is not directed at you @grafaah.
 
Benbob said:
when you say EOS did you mean AOS?
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No, I do not mean AOS.

"I applied and received a I-797A approval notice to stay in the country legally" means you applied for an EOS (Extension of Status) back then. So I'm asking if you applied for EOS before your granted stay (back then) expired or the application was after it had already expired?
 
cbs5hiuc said:
Hi Mom and Susie,

I expect the answer is that I need to be more patient, though I wanted to ask how long I should wait to receive my interview notice given September is fast approaching and this is the cut-off. I had my biometrics appointment on the 27th of July, as reflected in the 2022 tracker. Thank you, and apologies for the very repetitive question.
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My suggestion is to compare your timeline with the other folks from your FO (New York - who already completed the process) to get an idea of how long on average they waited before getting their ILs.
 
Sm1smom said:
Thanks for the confirmation. Good to know you've been encouraging each other outside of the forum.

I think it is rather selfish for anyone who has openly benefited from this forum and other AOSers updates from the timeline spreadsheet to be privately sharing their updates in the name of encouraging one another. When these same folks have an issue or a problem, they're quick to post in the forum though. Imagine if those of us freely providing all the support and guidance here were doing so privately, no one here would have had the free support being provided openly in the forum - it is precisely because of this that I refuse to respond to PMs when folks reach out to me directly that way. So, so selfish and super annoying. To think this is the second of such report in less than a month!

p.s. my annoyance is not directed at you @grafaah.
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Hi Mom, thanks for your response and thanks for all you are doing. Kudos to Blade and SussieQ as well. I totally understand all what you have said. I thought this was a public forum and we are grown adults here who can reach out to anyone. My mistake for not knowing that. I was the one who reached out to @Luci80 since our FO was the same, and on the spreadsheet it was just two of us from the same FO. It's inevitable not to form friendships in such a forum as this especially sharing the same issues. I personally do not see it as selfish.

I have seen instances where some people on this forum are silent observers and update when there is an approval, progress on their case or when they have issues which is totally normal!

Some people gather all the information and update all at once. @Luci80 may not have updated at the time it happened but may update eventually. Maybe the card hasn't arrived? Who knows!
 
Sm1smom said:
No, I do not mean AOS.

"I applied and received a I-797A approval notice to stay in the country legally" means you applied for an EOS (Extension of Status) back then. So I'm asking if you applied for EOS before your granted stay (back then) expired or the application was after it had already expired?
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Oh apologies thank you for clarifying. yes I extended before my E3 expired.
 
grafaah said:
Hi Mom, thanks for your response and thanks for all you are doing. Kudos to Blade and SussieQ as well. I totally understand all what you have said. I thought this was a public forum and we are grown adults here who can reach out to anyone. My mistake for not knowing that. I was the one who reached out to @Luci80 since our FO was the same, and on the spreadsheet it was just two of us from the same FO. It's inevitable not to form friendships in such a forum as this especially sharing the same issues. I personally do not see it as selfish.

I have seen instances where some people on this forum are silent observers and update when there is an approval, progress on their case or when they have issues which is totally normal!

Some people gather all the information and update all at once. @Luci80 may not have updated at the time it happened but may update eventually. Maybe the card hasn't arrived? Who knows!
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I kindly request you not get me or the intent behind my post wrong. Yes, this is a public forum. Yes, the people posting here are adults. And yes, anyone can form whatever kind of friendship they deem necessary. I honestly couldn't or do not care about who is PMing who, or who is forming a friendship, alliance, or whatever they name it with one another. My post is not about people forming friendships outside of this thread or forum.

Of course I cannot force anyone to provide an update if they do not wish to do so, it is their prerogative. I have absolutely nothing to gain or loose as a matter of fact if no-one even bother to update the spreadsheet any given year - the spreadsheet is not for my personal benefit! However, if you're going to ask me about your case and you reference a similar case, I would of course expect to be able to read up on such a case myself in order to gain a better understanding of what could be the issue. I wouldn't have known about your fellow filer who already got their CPO update, if you hadn't compared your case or brought them into the convo.

So yes, I think it is selfish especially if someone has been using the same information other filers have been diligently providing on a regular basis as it occurs or asking questions in this forum about their case, without bothering to update the forum or the spreadsheet. As for the silent observers who update the timeline spreadsheet after completing the process, I actually commend those folks for eventually stepping out of the woods and providing the updates as nobody would have even known of their presence if they never did.

Providing the CPO update has nothing to do with the card having arrived or not. The card not having arrived shouldn't stop anyone who receives the CPO update from adding the info when received to the spreadsheet IMO. And for the active members who gather all the information and wait until after completing the process to update the spreadsheet, that is a selfish act considering how they must have been closely following the spreadsheet and reading up about other folks progress!
 
grafaah said:
Hi Mom, thanks for your response and thanks for all you are doing. Kudos to Blade and SussieQ as well. I totally understand all what you have said. I thought this was a public forum and we are grown adults here who can reach out to anyone. My mistake for not knowing that. I was the one who reached out to @Luci80 since our FO was the same, and on the spreadsheet it was just two of us from the same FO. It's inevitable not to form friendships in such a forum as this especially sharing the same issues. I personally do not see it as selfish.

I have seen instances where some people on this forum are silent observers and update when there is an approval, progress on their case or when they have issues which is totally normal!

Some people gather all the information and update all at once. @Luci80 may not have updated at the time it happened but may update eventually. Maybe the card hasn't arrived? Who knows!
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When you two have some sort of private information thing going on behind the scenes, benefiting each other but no one else here, yes it’s selfish. Are other people selfish in other ways? Sure, but does that make your actions right?
If we were all selfish, mom would never have done the spreadsheet in the first place.
 
namyahc1 said:
Is your info in the spreadsheet? Didn’t see anyone else in LA - mines in there I did bio mid July and USCIS status is fingerprints were taken. Have you initiated a congressional inquiry?
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Hello! No, my info is not in the spreadsheet, but I will definitely add it. No, I haven't initiate a congress inquiry, did you do it? If yes that how did you do it and did it help? Thank you.
 
litnastia said:
Hello! No, my info is not in the spreadsheet, but I will definitely add it. No, I haven't initiate a congress inquiry, did you do it? If yes that how did you do it and did it help? Thank you.
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house.gov/representatives/find-your-representative you can find your congressperson here + they should have a form on their website to fill in and send to them!
 
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