DV 2022 AOS (Adjustment of Status) Only

[Sm1smom]

Hi Everyone! @Sm1smom @SusieQQQ

It seems like my husband (main applicant, in the US) and I (derivative, in Japan) will be going the AOS then FTJ route after all.

The scarcity of recorded FTJ cases is a bit worrying so we are trying to collect as much info as we can to help us out through the process. Our CN is AS8XXX and so we are thinking we may be current around March/April, hard to tell for sure. We haven't filed DS-260 yet since my husband will be moving to another state in December and we don't want to send then unlock and cause any delays (as suggested by mom) since time is of the essence here. I read through all the previous FTJ posts and timeline many times but I feel like I still have many gaps in my understanding of the process. I asked EMMA but it gave me general info and not much details.

We were wondering if there are any resources that you suggest we use to help us out. My current questions are
1- How different would the DS-260 filling be for us both being AOS vs doing AOS then FTJ?
2- It seems like I need to send DS-260 as well. Do we send 2 separate emails? Should I do it at the same time my husband does it? (probably January)
3- Is it possible to include some sort of cover letter when filing to inform KCC of the fact that we are going to do FTJ and we need to do it within the FY? It seems like they ask for derivative AOS fee always and that might cause delays. Is there anyway to smooth that wrinkle out?

We actually spoke to a lawyer that told us she doesn't take FTJ cases because they are very complicated and the outcome is very hard to predict, which I knew was true, but it made my heart sink nevertheless.

Thank you all as always. Any resources/experience/answers would be appreciate. We will follow up with everyone throughout our journey. May the odds be ever in our (and yinz') favor!

1&2. You both fill and submit the DS260 forms at the same time. Your husband will indicate you’re processing FTJ on his own form. You can both submit the DS260 forms now even if your husband will be relocating to a new address soon, whichever address your husband lists on his DS260 form has no impact on his AOS process. The recommendation about not causing a potential delay with a change of address has to do with the I-485 form for the AOS filing, nothing to do with the DS260 form - he doesn’t need to update that form with his new address after the initial submission.
3. Your husband may decide to file an I-824 with his AOS package, that is what formally informs USCIS there’s a FTJ case associated with his. After making his DV administrative fee payment and getting his receipt back, he can pre-emptively email KCC to explain he only made one payment because the spouse is processing FTJ, and are only required to make the DV payment when you go to the embassy for your interview.

 

[fauchc]

Hi everyone,

I'd appreciate it if anyone could answer a short question. If I summited I-485 along with I-765 and I-131, would each application be processed separately in parallel at the same time or would I-485 completion have any dependencies on the others? Basically, I'd like to know if submitting multiple forms would delay the I-485 process in general? Thank you in advance.

There won’t be delays if you submit multiple forms… they will be precessed separately.

 

[Sm1smom]

Hi everyone,

I'd appreciate it if anyone could answer a short question. If I summited I-485 along with I-765 and I-131, would each application be processed separately in parallel at the same time or would I-485 completion have any dependencies on the others? Basically, I'd like to know if submitting multiple forms would delay the I-485 process in general? Thank you in advance.

The NBC process both the I-765 and I-131, while the FO process the I-485. More often than not for DV based AOS applications, I-485 processing gets completed before the I-765 and I-131. The FOs fast track DV based AOS applications, the NBC process I-765 and I-131 at their normal processing pace.

 

[noahc]

There won’t be delays if you submit multiple forms… they will be precessed separately.

Thank you very much for your prompt answer.

 

[noahc]

The NBC process both the I-765 and I-131, while the FO process the I-485. More often than not for DV based AOS applications, I-485 processing gets completed before the I-765 and I-131. The FOs fast track DV based AOS applications, the NBC process I-765 and I-131 at their normal processing pace.

Thank you for the detailed answer.

 

[jpnana]

1&2. You both fill and submit the DS260 forms at the same time. Your husband will indicate you’re processing FTJ on his own form. You can both submit the DS260 forms now even if your husband will be relocating to a new address soon, whichever address your husband lists on his DS260 form has no impact on his AOS process. The recommendation about not causing a potential delay with a change of address has to do with the I-485 form for the AOS filing, nothing to do with the DS260 form - he doesn’t need to update that form with his new address after the initial submission.
3. Your husband may decide to file an I-824 with his AOS package, that is what formally informs USCIS there’s a FTJ case associated with his. After making his DV administrative fee payment and getting his receipt back, he can pre-emptively email KCC to explain he only made one payment because the spouse is processing FTJ, and are only required to make the DV payment when you go to the embassy for your interview.

Thank you mom! We will start the process asap and will update everyone along the way.

 

[jpnana]

1&2. You both fill and submit the DS260 forms at the same time. Your husband will indicate you’re processing FTJ on his own form. You can both submit the DS260 forms now even if your husband will be relocating to a new address soon, whichever address your husband lists on his DS260 form has no impact on his AOS process. The recommendation about not causing a potential delay with a change of address has to do with the I-485 form for the AOS filing, nothing to do with the DS260 form - he doesn’t need to update that form with his new address after the initial submission.
3. Your husband may decide to file an I-824 with his AOS package, that is what formally informs USCIS there’s a FTJ case associated with his. After making his DV administrative fee payment and getting his receipt back, he can pre-emptively email KCC to explain he only made one payment because the spouse is processing FTJ, and are only required to make the DV payment when you go to the embassy for your interview.

Sorry but just to double check, does that mean that the 2NL, biometrics letter, and interview letter aren't physical letters? Are they sent to the main applicant online via email? Because we won't have access to that old address anymore.

Thanks again!

 

[Sm1smom]

Sorry but just to double check, does that mean that the 2NL, biometrics letter, and interview letter aren't physical letters? Are they sent to the main applicant online via email? Because we won't have access to that old address anymore.

Thanks again!

Again whatever address your husband lists for himself on the DS260 form is immaterial to his AOS process. Some AOSers do not even submit the DS260. The address that counts is that which he will be listing on the forms he sends in for his AOS package. 2NL is via email only by the way. The bio notice or IL have nothing to do with the DS260 form.

 

[jpnana]

Again whatever address your husband lists for himself on the DS260 form is immaterial to his AOS process. Some AOSers do not even submit the DS260. The address that counts is that which he will be listing on the forms he sends in for his AOS package. 2NL is via email only by the way. The bio notice or IL have nothing to do with the DS260 form.

Oh, that makes sense! Thank you for your explanation.

 

[jpnana]

Hi all.

It seems like as the ftj derivative of an AOSer, I have no way of accessing the ds-260 as a derivative. The only options are Applicant, attorney, petitioner, or third party agent. What should I do? I am a bit confused as to how to fill it as the derivative. Any online guides for that case?

Also I was wondering if anyone travelled to the US for a visit (I have an F-2 visa) after submitting the ds-260. Would CBP have a problem with it? Given that I have strong ties to where I live now (scholarship, PhD program, and a job).

Thanks again!

 

[Sm1smom]

Hi all.

It seems like as the ftj derivative of an AOSer, I have no way of accessing the ds-260 as a derivative. The only options are Applicant, attorney, petitioner, or third party agent. What should I do? I am a bit confused as to how to fill it as the derivative. Any online guides for that case?

Also I was wondering if anyone travelled to the US for a visit (I have an F-2 visa) after submitting the ds-260. Would CBP have a problem with it? Given that I have strong ties to where I live now (scholarship, PhD program, and a job).

Thanks again!

You cannot fill and submit your DS260 as a derivative without the main selectee filing out their form FIRST! You are a dependent (derivative) of the main selectee who is the main applicant.

 

[español]

Desafortunadamente, no existe ninguna disposición en la ley para que los hijos e hijas adultos con necesidades especiales puedan ser derivados en un caso de visa de inmigrante.

Por otra parte, no se sorprenda si se niega la extensión del B2, lo que podría causarle otros problemas.

Thank you so much

 

[goodvibes]

Hello dear moderators and members of this forum!

As I read in the forum and in the timeline sheet people receive their receipts very fast this year. But I sent mine a month ago and it was cashed next day after delivery but still have no updates about it. In timeline I saw people who sent their payment in October after me already got their receipts back. I included sase but last week just in case I emailed KCC if they can email me digital copy of the receipt, still no answer.

I know that right now I don't have any other options but wait in patience. But do you think I should sent one more payment just in case somewhere in the middle of November? And should I worry that something was wrong with my case if it takes so long? Thank you

 

[Sm1smom]

Hello dear moderators and members of this forum!

As I read in the forum and in the timeline sheet people receive their receipts very fast this year. But I sent mine a month ago and it was cashed next day after delivery but still have no updates about it. In timeline I saw people who sent their payment in October after me already got their receipts back. I included sase but last week just in case I emailed KCC if they can email me digital copy of the receipt, still no answer.

I know that right now I don't have any other options but wait in patience. But do you think I should sent one more payment just in case somewhere in the middle of November? And should I worry that something was wrong with my case if it takes so long? Thank you

Making another payment will be nothing but throwing money away, especially since you have confirmation the payment was delivered and also, you're able to confirm the payment has been cashed. The receipt will show up eventually.

 

[Endiny]

Today I got another I-797 notice and discovered that my last name is misspelled on it. Called to USCIS - they confirmed that I have the misspelled last name assigned to the A-number. Though they told me to send the letter with a request to fix my name to the FO where my case is which is currently National Benefits Center. Just sent one already. Now all I have is to wait.

P.S. Are they going to send me corrected I-797?

 

[quano]

Hey everyone just wondering a pretty nuanced situation - if I’ve submitted my I-485 and am on an E-3 visa (but haven’t left to get the stamp), am I allowed to still use Automatic Visa Revalidation to travel to Mexico or Canada for less than 30 days and return without abandoning my AOS application?

 

[Sm1smom]

Today I got another I-797 notice and discovered that my last name is misspelled on it. Called to USCIS - they confirmed that I have the misspelled last name assigned to the A-number. Though they told me to send the letter with a request to fix my name to the FO where my case is which is currently National Benefits Center. Just sent one already. Now all I have is to wait.

P.S. Are they going to send me corrected I-797?

1. Is this new I-797 notice another acceptance notice or the bio appointment letter. It helps to be specific as to what the I-797 you’re asking about is for.
2. Does this new notice contain a different A# from the one on the I-797 acceptance notice previously received?
3. Is your name correctly spelt on the previous I-797 acceptance notice previously received?

 

[Sm1smom]

Hey everyone just wondering a pretty nuanced situation - if I’ve submitted my I-485 and am on an E-3 visa (but haven’t left to get the stamp), am I allowed to still use Automatic Visa Revalidation to travel to Mexico or Canada for less than 30 days and return without abandoning my AOS application?

Any trip outside the US **without an approved AP card while the AOS application is pending (regardless of the duration or purpose of the trip) leads to the application being considered as abandoned.

Edit to say: **Dual intent visa status L1/L2 or H1B/H4 are the exceptions

 

[SusieQQQ]

Hey everyone just wondering a pretty nuanced situation - if I’ve submitted my I-485 and am on an E-3 visa (but haven’t left to get the stamp), am I allowed to still use Automatic Visa Revalidation to travel to Mexico or Canada for less than 30 days and return without abandoning my AOS application?

It’s not actually nuanced - any visa holder other than an H1B/H4 or L1/L2 needs advance parole before they leave the US or the i485 will be abandoned.

 

[Endiny]

1. Is this new I-797 notice another acceptance notice or the bio appointment letter. It helps to be specific as to what the I-797 you’re asking about is for.
2. Does this new notice contain a different A# from the one on the I-797 acceptance notice previously received?
3. Is your name correctly spelt on the previous I-797 acceptance notice previously received?

This is my initial acceptance notice. I called it another one because the first was for my spouse. My bad. So it went wrong from the start.