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DV 2022 AOS (Adjustment of Status) Only

Luna P said:
Hello Members,

I hope you all are doing well. I was wondering if anyone could help with my questions.

Background:
-F1 Student
-I-485 AOS application was rejected due to filing before the beginning of the Fiscal Year (July)
-Received the rejection letter (I-797 + green form), I-693 with a torn off envelope + all documents stapled, stamped at the bottom
-Case number is very close to be called in the Visa Bulletin for January.

Questions:

1) If my case number will be called in January's Visa Bulletin that will be published this November, would it mean I can send my I-485 application in November?

2) It has been more than 2 months since a civil surgeon signed the I-693 form (June 2021). Should I update it or resubmit the same I-693 in the same opened envelope? Civil surgeon is not willing to sign it again even though the form is still valid for 1.5 more years.

3) It's been 4 months since the forms and supporting documents were filled out. Do I need to update everything or resend as is?

4) Also, heard that form I-485 was recently updated, but the one on USCIS website has the same edition date. Has anyone else heard of the update?

If anyone is familiar with this situation and can offer any piece of advice, it will be very much appreciated.

Thanks in advance!
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1. Yes you may, if you wish to take advantage of the early filing option.
2. You will need a new medical report, the report you currently have is no longer considered valid. CS's signature should be no more than 60 days old as at the time of AOS filing. The 2 year validity clock for the medical report starts after USCIS has accepted the application with the medical report, not from when it was completed or signed.
3. Fill and submit new sets of forms - to avoid any potential issues with the signatures on the forms being considered as out of date.
4. Just make sure you download and use the forms currently available on USCIS's website.
 
Luna P said:
Hello Members,

I hope you all are doing well. I was wondering if anyone could help with my questions.

Background:
-F1 Student
-I-485 AOS application was rejected due to filing before the beginning of the Fiscal Year (July)
-Received the rejection letter (I-797 + green form), I-693 with a torn off envelope + all documents stapled, stamped at the bottom
-Case number is very close to be called in the Visa Bulletin for January.

Questions:

1) If my case number will be called in January's Visa Bulletin that will be published this November, would it mean I can send my I-485 application in November?

2) It has been more than 2 months since a civil surgeon signed the I-693 form (June 2021). Should I update it or resubmit the same I-693 in the same opened envelope since it's still valid for 1.5 more years? Civil surgeon is not willing to reseal.

3) It's been 4 months since the forms and supporting documents were filled out. Do I need to update everything or resend as is?

4) Also, heard that form I-485 was recently updated, but the one on USCIS website has the same edition date. Has anyone else heard of the update?

If anyone is familiar with this situation and can offer any piece of advice, it will be very much appreciated.

Thanks in advance!
Click to expand...
Hello, So sorry about that! Was your money sent back or was it cashed!
 
Sm1smom said:
1. Yes you may, if you wish to take advantage of the early filing option.
2. You will need a new medical report, the report you currently have is no longer considered valid. CS's signature should be no more than 60 days old as at the time of AOS filing. The 2 year validity clock for the medical report starts after USCIS has accepted the application with the medical report, not from when it was completed or signed.
3. Fill and submit new sets of forms - to avoid any potential issues with the signatures on the forms being considered as out of date.
4. Just make sure you download and use the forms currently available on USCIS's website.
Click to expand...
Thank you so much for replying so quickly! I really appreciate your detailed answer.

I noticed that very few sources mention the early filing option based on Diversity Visa.
There was some info about Employment Based AOS which states that even when filed early "USCIS will not adjudicate the AOS until a priority date is available under “Final Action Dates” visa bulletin chart".
I assume the rules for DV based AOS would be similar but I don't quite understand what is meant by "adjudication".

For an F1 student who will NOT be submitting EAD or Advance Parole applications, would you say it's beneficial to submit I-485 early? Could there be a risk for medical report to lose its validity until my case number becomes current?

Thanks again for your help!
 
Luna P said:
Thank you so much for replying so quickly! I really appreciate your detailed answer.

I noticed that very few sources mention the early filing option based on Diversity Visa.
There was some info about Employment Based AOS which states that even when filed early "USCIS will not adjudicate the AOS until a priority date is available under “Final Action Dates” visa bulletin chart".
I assume the rules for DV based AOS would be similar but I don't quite understand what is meant by "adjudication".

For an F1 student who will NOT be submitting EAD or Advance Parole applications, would you say it's beneficial to submit I-485 early? Could there be a risk for medical report to lose its validity until my case number becomes current?

Thanks again for your help!
Click to expand...
Not sure as to the sources you’ve been consulting, early filing is fully covered in this forum, including references to USCIS’s website. I suggest you spend some time going over the AOS process spreadsheet. You can find the link to the spreadsheet from my signature section below or from the first post on page one of this thread.

Interview scheduling down to when the final decision is made to approve or deny are all part of the adjudication process.

The decision to utilize the early filing option is a personal one each applicant will need to make on their own. They have a better understanding of their situation, and their risk tolerance level. All I can do is point you in the direction of the information which you can refer to as you make your own decision - and that information is the AOS process spreadsheet earlier referenced. I already explained the medical report has a two year validity period from when the AOS package is accepted by the Chicago Lockbox. DV based AOS applications themselves are only valid within the FY which is applicable to them, any application not approved by the end of its application FY will eventually be denied based on the FY being over.
 
Sm1smom said:
Not sure as to the sources you’ve been consulting, early filing is fully covered in this forum, including references to USCIS’s website. I suggest you spend some time going over the AOS process spreadsheet. You can find the link to the spreadsheet from my signature section below or from the first post on page one of this thread.

Interview scheduling down to when the final decision is made to approve or deny are all part of the adjudication process.

The decision to utilize the early filing option is a personal one each applicant will need to make on their own. They have a better understanding of their situation, and their risk tolerance level. All I can do is point you in the direction of the information which you can refer to as you make your own decision - and that information is the AOS process spreadsheet earlier referenced. I already explained the medical report has a two year validity period from when the AOS package is accepted by the Chicago Lockbox. DV based AOS applications themselves are only valid within the FY which is applicable to them, any application not approved by the end of its application FY will eventually be denied based on the FY being over.
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Absolutely, I was not referring to this forum.

Thank you for the clarification and your kind suggestions. Indeed, I'm learning a lot from the spreadsheet. But I'm still exploring this forum and have a lot more to discover. Deeply grateful for all the valuable information here and your thorough feedback :)

Thanks again.
 
Sm1smom said:
When you inform KCC of your plan to switch to AOS, they will not unlock the DS260 to change the previously selected processing option, the form remains as submitted. They will however note the change request, and stop processing the form. They will subsequently send an acknowledgment of the change request which is your 2NL as an AOSer.
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Thank you Sm1smom.

Just a final question.
It may take KCC days or weeks, probably, to get back with the acknowledgement or 2NL.
May I proceed with the payment of the KCC 330$ fee in the while?

Thank you
 
Guma77 said:
Thank you Sm1smom.

Just a final question.
It may take KCC days or weeks, probably, to get back with the acknowledgement or 2NL.
May I proceed with the payment of the KCC 330$ fee in the while?

Thank you
Click to expand...
You may do so if you’ve decided about switching over to AOS. I wouldn’t recommend you make that payment if you’re still vacillating between the two options. Doing so can create additional delays and confusion for your case down the road. Once the payment is made, KCC will most likely presume you’ve switched over to AOS and subsequently stop processing your DS260 for CP, even though you haven’t emailed to formally request the switch.
 
Hi Everybody,
I wrote a long time ago but I am going to introduce myself again. I have 2022 SA2XXX. I am currently J-1 with an ongoing extension in the USA. The first one was not subject to 2 years req. In the past, I had 3 more J-1/DS2019 and came back to my country of citizenship. One of them was subject to the 2 years req and fulfilled. Questions:
1) Tips for AOS for people with J-1 visas as most of the entries are F-1 or pending asylum?
2) Do we need a lawyer as I had in the past multiples DS2019/J-1s?
3) How many people are using lawyers here?
Thanks a lot!
 
Luci80 said:
Hi Everybody,
I wrote a long time ago but I am going to introduce myself again. I have 2022 SA2XXX. I am currently J-1 with an ongoing extension in the USA. The first one was not subject to 2 years req. In the past, I had 3 more J-1/DS2019 and came back to my country of citizenship. One of them was subject to the 2 years req and fulfilled. Questions:
1) Tips for AOS for people with J-1 visas as most of the entries are F-1 or pending asylum?
2) Do we need a lawyer as I had in the past multiples DS2019/J-1s?
3) How many people are using lawyers here?
Thanks a lot!
Click to expand...
1. No special tips, the process is more or less the same regardless of the status you're AOSing from. There's just the additional documentation required from J1/J2 which is already listed on the I-485 form Instructions:
"Documentation Regarding J-1 or J-2 Exchange Visitor Status If you previously held or currently hold J-1 (principal) or J-2 (dependent) nonimmigrant exchange visitor status, you must submit copies of all relevant Forms IAP-66 and/or Forms DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, ever issued to you (if available). You must also submit copies of all available J-1 or J-2 nonimmigrant visas issued to you, and copies of all available Form I-94 and passport pages with entry stamps showing your admission to the United States in J-1 or J-2 status. Form I-485 Instructions 03/29/21 Page 15 of 43 In addition, if your J status made you subject to the 2-year foreign residence requirement of INA section 212(e), you must submit documentation to show that you complied with the foreign residence requirement, have been granted a waiver of the requirement before filing Form I-485, or were issued a favorable waiver recommendation letter from DOS before filing Form I-485. You can show you complied with the requirement by submitting evidence to prove you resided in the appropriate home country for at least two years since your exchange visitor program ended. For information about waiver of the requirement, see the Instructions for Form I-612, Application for Waiver of the Foreign Residence Requirement."

2. This is a DIY forum. Several selectees previously on J1/J2 successfully went through the AOS process without the need/use of a lawyer. However if you personally feel you may need a lawyer, you can hire one. Just be aware most immigration lawyers are not DV based AOS savvy. We've actually had reports of lawyers causing more harm in the past, or of some who hired immigration lawyers but still ended up doing the heavy lifting themselves - those folks still ended up in this forum seeking guidance on how to progress their applications.

3. Again, this is a DIY site. I don't have the time to track that. Of course there may be DV22 folks who already hired some immigration lawyers currently in this forum, they may be willing to identify themselves to you.
 
Hey there,

I filed my I-485 on 10/01 and included my (and my husbands) completed and signed I-693. This was all completed before it was confirmed that the covid vaccine was needed. We are very lucky we have received our interview date for 11/30 already. I know this is all new, but does anyone think we will need to confirm our covid vaccination status at the appointment? I was guessing they would ask us to redo to the medical before confirming an interview if that was the case? Our medical was completed in September.

Just reaching out to see if anyone has had an interview in October and needed to supply covid vaccination records?

Thanks again for this awesome forum. It really helped me with all the paperwork.
 
La Panda said:
Hey there,

I filed my I-485 on 10/01 and included my (and my husbands) completed and signed I-693. This was all completed before it was confirmed that the covid vaccine was needed. We are very lucky we have received our interview date for 11/30 already. I know this is all new, but does anyone think we will need to confirm our covid vaccination status at the appointment? I was guessing they would ask us to redo to the medical before confirming an interview if that was the case? Our medical was completed in September.

Just reaching out to see if anyone has had an interview in October and needed to supply covid vaccination records?

Thanks again for this awesome forum. It really helped me with all the paperwork.
Click to expand...
See the emphasized section of the below quote for the answer to your question:

"ALERT: Effective Oct. 1, 2021, applicants subject to the immigration medical examination must complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon in person before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. This guidance applies prospectively to Form I-693 signed by civil surgeons on or after Oct. 1, 2021."

www.uscis.gov

Report of Immigration Medical Examination and Vaccination Record

If you are applying for adjustment status to become a lawful permanent resident, use this form to establish that you are not inadmissible to the United States on public health grounds.
www.uscis.gov
 
La Panda said:
Hey there,

I filed my I-485 on 10/01 and included my (and my husbands) completed and signed I-693. This was all completed before it was confirmed that the covid vaccine was needed. We are very lucky we have received our interview date for 11/30 already. I know this is all new, but does anyone think we will need to confirm our covid vaccination status at the appointment? I was guessing they would ask us to redo to the medical before confirming an interview if that was the case? Our medical was completed in September.

Just reaching out to see if anyone has had an interview in October and needed to supply covid vaccination records?

Thanks again for this awesome forum. It really helped me with all the paperwork.
Click to expand...

p.s. interview schedule is amazingly quick by your FO. Have you considered a walk-in attempt for your bio?
 
Sm1smom said:
p.s. interview schedule is amazingly quick by your FO. Have you considered a walk-in attempt for your bio?
Click to expand...
Yes, it seems really fast. I received an appointment for the bio for the day before, 11/29. I didn't think walk-in's were possible at the moment. I'm guessing the bio the day before is ok?
 
Sm1smom said:
See the emphasized section of the below quote for the answer to your question:

"ALERT: Effective Oct. 1, 2021, applicants subject to the immigration medical examination must complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon in person before the civil surgeon can complete an immigration medical examination and sign This guidance applies prospectively to Form I-693 signed by civil surgeons on or after Oct. 1, 2021."
Click to expand...
Thank you. Just to be clear, you're saying because our I-693 was completed before 10/01, the covid vax mandate won't apply?
 
La Panda said:
Yes, it seems really fast. I received an appointment for the bio for the day before, 11/29. I didn't think walk-in's were possible at the moment. I'm guessing the bio the day before is ok?
Click to expand...
You wouldn't know if it is possible or not without trying, right? I posted about bio walk-in yesterday, not sure if you saw that already. Nothing wrong with doing the bio one day before the interview, it all depends on what the bio reveals. That is what determines if additional checks may be required, and if that is the case, your application will not be approved until after the background check has successfully cleared.
 
Th
Sm1smom said:
You wouldn't know if it is possible or not without trying, right? I posted about bio walk-in yesterday, not sure if you saw that already. Nothing wrong with doing the bio one day before the interview, it all depends on what the bio reveals. That is what determines if additional checks may be required, and if that is the case, your application will not be approved until after the background check has successfully cleared.
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Thank you! Just checked out your bio walk-ins post now.
 
Endiny said:
Thank you a lot. I think I will stick to just a common letter and will keep you all posted in case if might be helpful to someone else.
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So my letter with the request to fix the name misspelling was delivered last Wednesday (Nov 3). Today I was able to see that my name was updated on Monday (Nov 8). I hope they didn't add any middle names to it :)
 
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