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DV 2022 AOS (Adjustment of Status) Only

Hello,

I am unsure what is my best option. Now there as been a big jump in numbers.

I am OC12** meaning that my number will most likely become current on March 15th. For what I know means an Interview in May. This is also if the numbers move unlike previous months. Now the tricky part is that my J1 Visa will end on 15th of April and I have the 30 days to leave the country. Will I still be in status to do a AOS or will it stop on the 15th of April as that is when the visa ends.

Will I have enough time to get the AOS process done in the first 15 days of May as that is when I would have to leave the USA.

My home country is Australia who is having trouble with embassy's currently, so I am just very unsure what my best option is.

Thank you
Hayley
 
Hi, I am ready to send the I-485 form. However, I haven't received the receipt for the $330 fee that I paid for DOS. I already asked KCC DV over the phone and they said you may submit your 485 and you'll receive an RFE for the uncompleted application and you'll be asked to send the receipt. The point is that the guy said we do not reject your whole file and you only have to answer the RFE for the DOS receipt. Do you think it is worth sending my 485 package without a DOS receipt? What is your experience of sending 485 application without a DOS fee? (FYI: my case number is current for FEB 2022, I already submitted D-260 and got the confirmation for eligibility to file an AOS inside the U.S.). Thanks in advance.
 
Sm1smom said:
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, 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 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.
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Thank you very much, this is much appreciated and well understood.
 
Hayley31 said:
Hello,

I am unsure what is my best option. Now there as been a big jump in numbers.

I am OC12** meaning that my number will most likely become current on March 15th. For what I know means an Interview in May. This is also if the numbers move unlike previous months. Now the tricky part is that my J1 Visa will end on 15th of April and I have the 30 days to leave the country. Will I still be in status to do a AOS or will it stop on the 15th of April as that is when the visa ends.

Will I have enough time to get the AOS process done in the first 15 days of May as that is when I would have to leave the USA.

My home country is Australia who is having trouble with embassy's currently, so I am just very unsure what my best option is.

Thank you
Hayley
Click to expand...
In general, I cannot tell you which option is best for you, you'll need to decide on that on your own.

If the March VB (when it gets released) shows your CN will become current in May, you may send in your AOS package immediately after the VB release. It wouldn’t matter anymore if your current status subsequently expires in April, you’ll automatically roll into what is known as adjustment pending. This status allows you to legally remain in the US for as long as your AOS application is pending, regardless of your current granted status having expired.

Note, for AOS processing, you don’t necessarily get interviewed in the month your CN becomes current, it could be several months after. I suggest you send some quality time and go through the AOS process spreadsheet to ensure you have an understanding of the process.
 
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MMo said:
Hi, I am ready to send the I-485 form. However, I haven't received the receipt for the $330 fee that I paid for DOS. I already asked KCC DV over the phone and they said you may submit your 485 and you'll receive an RFE for the uncompleted application and you'll be asked to send the receipt. The point is that the guy said we do not reject your whole file and you only have to answer the RFE for the DOS receipt. Do you think it is worth sending my 485 package without a DOS receipt? What is your experience of sending 485 application without a DOS fee? (FYI: my case number is current for FEB 2022, I already submitted D-260 and got the confirmation for eligibility to file an AOS inside the U.S.). Thanks in advance.
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Are you sure you asked KCC on the phone or you mean USCIS? These are two different organizations, plus KCC does not process AOS applications.

Anyway, yes you can certainly send your AOS package without the DV administrative payment receipt, the 2021 AOS thread contains posts from past selectees who did the same thing - you can search the thread to read up on those. Meanwhile, I highly recommend you go through the AOS FAQ tab of the AOS Process Spreadsheet to read/learn more about filing without the payment receipt where this question has been thoroughly answered.
 
Hayley31 said:
Hello,

I am unsure what is my best option. Now there as been a big jump in numbers.

I am OC12** meaning that my number will most likely become current on March 15th. For what I know means an Interview in May. This is also if the numbers move unlike previous months. Now the tricky part is that my J1 Visa will end on 15th of April and I have the 30 days to leave the country. Will I still be in status to do a AOS or will it stop on the 15th of April as that is when the visa ends.

Will I have enough time to get the AOS process done in the first 15 days of May as that is when I would have to leave the USA.

My home country is Australia who is having trouble with embassy's currently, so I am just very unsure what my best option is.

Thank you
Hayley
Click to expand...
I'm also OC12xx, all I know is i'm glad I started the process of getting my documents ready when I did, I don't have everything ready to go just yet (waiting on my accountant to do my 2021 tax return, and medical) but i'd be getting a move on if there's even a chance you do decide to go the AOS route. The spreadsheet is helpful and straightforward with what you need to do but depending on your daily life, I underestimated how much time it takes just filling everything out and proofing it all! Although, I did have to order a birth certificate from Aus so that added some time.
 
@Sm1smom please advise on the best way forward. I’m on F1 visa. Should I do CP or AOS my case AF33k is current according to the new VB. Last year I selected to do AOS and received an email from KCC around September for AOS. but was later advised by an attorney that it takes time and a lot of people lost their DV last yr due to slow process times. I may not be able to process the DV. He advised that since I have a child at home who is part of my ds 260 it’s best to email kcc and request for CP processing which they granted. Should I continue to wait for CP or request AOS again. I’m thinking of waiting but our embassy isn’t that promising
 
AF00033k said:
@Sm1smom please advise on the best way forward. I’m on F1 visa. Should I do CP or AOS my case AF33k is current according to the new VB. Last year I selected to do AOS and received an email from KCC around September for AOS. but was later advised by an attorney that it takes time and a lot of people lost their DV last yr due to slow process times. I may not be able to process the DV. He advised that since I have a child at home who is part of my ds 260 it’s best to email kcc and request for CP processing which they granted. Should I continue to wait for CP or request AOS again. I’m thinking of waiting but our embassy isn’t that promising
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Well, I cannot tell precisely which option is better for you. That is a call you'll need to make on your own based on all the information currently available and some new ones(?) I will be sharing below.

Yes, your child (your DV derivative) is currently back in your country which means the child cannot process AOS with you, however the lawyer you spoke with who told you about many people loosing their DV selection due to AOS slow processing time does not seem to know what he/she was talking about. Yes, AOS process could be slow, but I am not aware of many cases loosing out on that last year (or any other year) as claimed by that lawyer.

You could proceed with AOS alone if you like, with the plan for your child to process FTJ (Follow-To-Join). This will require your AOS application to be approved first, following which USCIS sends your case file to your home country for your child to get scheduled for his/her interview.

DISCLOSURE: FTJ could be stressful, it will require your being active and working closely with both your USCIS FO and your embassy back at home in other to get your file transferred. You will need to be quite proactive throughout the process since the entire process (both AOS and FTJ) must be complete by Sept. 30th COB. Worst case scenario, you complete the AOS process but the FTJ part does not get completed, you will then have to petition your child through the Family sponsor category.

Take a look at the DV Tracker - Unique Situations for more on FTJ and precious applicants accounts/updates.
 
Hi,

I am DV-2022 selectee from Nepal, came to US in F-1 (visa expired) and currently on H1B (no stamping on passport yet). My Case Number AS00075**. I plan to apply for AOS. I have paid the DV fees ($330) and received an email receipt (the receipt is a scanned paper I sent to them. They have stamped PAID on it). I have also already submitted DS-260 form (I am already in H1B, thought DS-260 won't hurt!). I have following questions.

1. Is the email receipt the official one this year?
2. The visa bulletin shows that case number up to 4350 are eligible for April 2022. I was wondering if there is a way to check how many cases have been approved (or are in the process) from Nepal so far. Is there a way to track this all? Previously, the case number was moving fast, and it has been slow for 3 months. I am just trying to predict if my case number will be current?
3. How do I track where my case is? On DS-260 it shows it is in KCC. Moreover, The DS-260 says it expires in April 2022 (because I submitted it in May 2021). Do I need to submit a new one after April?

Thank you very much for your effort putting all the materials in one place and making easier to track.

Thank you again!
 
roshan2142 said:
Hi,

I am DV-2022 selectee from Nepal, came to US in F-1 (visa expired) and currently on H1B (no stamping on passport yet). My Case Number AS00075**. I plan to apply for AOS. I have paid the DV fees ($330) and received an email receipt (the receipt is a scanned paper I sent to them. They have stamped PAID on it). I have also already submitted DS-260 form (I am already in H1B, thought DS-260 won't hurt!). I have following questions.

1. Is the email receipt the official one this year?
2. The visa bulletin shows that case number up to 4350 are eligible for April 2022. I was wondering if there is a way to check how many cases have been approved (or are in the process) from Nepal so far. Is there a way to track this all? Previously, the case number was moving fast, and it has been slow for 3 months. I am just trying to predict if my case number will be current?
3. How do I track where my case is? On DS-260 it shows it is in KCC. Moreover, The DS-260 says it expires in April 2022 (because I submitted it in May 2021). Do I need to submit a new one after April?

Thank you very much for your effort putting all the materials in one place and making easier to track.

Thank you again!
Click to expand...
1. Yes it is.
2. I don’t track that information but you can check https://dvcharts.xarthisius.xyz/issuances.html# or https://savediversityvisa.org/dv2022-daily-visa-statistics/ - one or both may contain the information you’re seeking.
3. If you’re processing AOS, there’s nothing to track about your case with regards to the DS260 form - KCC does not process the form for AOSers. There’s nothing to track if your CN is not yet current and you’re yet to file for AOS.
 
roshan2142 said:
Thank you very much for the quick reply. It is really helpful!
Click to expand...
You’re welcome.

p.s.
By the way, if you or anyone else has any follow up questions with regards to the data on the two links I posted above, please post them on the main DV 2022 CP thread. The AOS thread is dedicated to discussing AOS related questions only.
 
i have question: i will do AOS, but in the excel document here (AOS package spreadsheet), it says i need to send ds-260, and get 2NL for that, and add it to my package. i thought ds-260 is unnecessary for AOS. am i missing something?
 
olgahanc said:
i have question: i will do AOS, but in the excel document here (AOS package spreadsheet), it says i need to send ds-260, and get 2NL for that, and add it to my package. i thought ds-260 is unnecessary for AOS. am i missing something?
Click to expand...
I think you may have misinterpreted the info. The spreadsheet doesn’t say you need to submit ds-260, it says “not a must but, recommended”. *Also, where does it say anything about a 2NL (which from reading is more an unofficial term, besides in the abbreviations tab ).

* in relation to AOS. From reading posts, alot of applicants have recieved an email acknowledging their AOS after submitting the dv fee.
 
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olgahanc said:
i have question: i will do AOS, but in the excel document here (AOS package spreadsheet), it says i need to send ds-260, and get 2NL for that, and add it to my package. i thought ds-260 is unnecessary for AOS. am i missing something?
Click to expand...
No, the spreadsheet does not say you “need” to send DS260. Did you bother to follow the response previously provided when you asked a similar question on this a couple of days ago?
 
Ckb said:
I think you may have misinterpreted the info. The spreadsheet doesn’t say you need to submit ds-260, it says “not a must but, recommended”. *Also, where does it say anything about a 2NL (which from reading is more an unofficial term, besides in the abbreviations tab ).

* in relation to AOS. From reading posts, alot of applicants have recieved an email acknowledging their AOS after submitting the dv fee.
Click to expand...
Yes the spreadsheet mentions including the 2NL (for those who have it) with their AOS package. Of course AOS 2NL is different from CP 2NL.
 
I am an F1 student with an on-campus job. As per the AOS spreadsheet about AOS package on employment documents and evidence of financial documents, I think I can provide most of those documents such as employment verification letter, my recent payslips, W-2, and most recent IRS tax return transcript but my recent bank statement has amount only around $2-3K as I am only allowed to work 20hrs/week on my on-campus job. My question is as follows:
1) Since my income is low. I was wondering if I need to have a sponsor?
2) Since I am an f1 student while coming to the US my sponsor was my parents from my country but if I need to show a sponsor on my AOS process, should it be my parents or does it have to be someone living in the United States?
3) If I need to show an sponsor, should I also include my above-listed documents along with those documents of my sponsor?
 
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Sknpl said:
I am an F1 student with an on-campus job. As per the AOS spreadsheet about AOS package on employment documents and evidence of financial documents, I think I can provide most of those documents such as employment verification letter, my recent payslips, W-2, and most recent IRS tax return transcript but my recent bank statement has amount only around $2-3K as I am only allowed to work 20hrs/week on my on-campus job. My question is as follows:
1) Since my income is low. I was wondering if I need to have a sponsor?
2) Since I am an f1 student while coming to the US my sponsor was my parents from my country but if I need to show a sponsor on my AOS process, should it be my parents or does it have to be someone living in the United States?
3) If I need to show an sponsor, should I also include my above-listed documents along with those documents of my sponsor?
Click to expand...
1. It never hurts to have an I-134 as a backup financial document.
2. Preferable for the sponsor to be a USC or a LPR. In the absence of that, you may use your parents financial documents.
3. It wouldn’t hurt to do so.
 
Just received my biometric appointment after a ridiculous wait (compared to other applicants this year) of more than four months. Never been this happy in this entire AOS process :D.
After NOA and before bio-metric, I chatted with Emma 3 different times (difference of 2-4 weeks) submitted one inquiry request (through USCIS website) but nothing helped. Finally, I got a chance to speak with the Tier-2 officer last week. Although he did not sound helpful on the phone, he created a service request to NBC which actually helped me to receive my biometric appointment today. I knew that my FO New Orleans has a huge backlog (like 7-8 months just for biometric) but looks like there are some available slots that they can make use of. So, if anybody is on the same boat, talking to a Tier-2 officer might help.

One Question: I might have missed but can anyone please recommend to me how early is it safe to do the bio-walkins?
 
Hi @Sm1smom, I am currently in the US seeking asylum, My husband won the DV22, and am his derivative together with our two kids, They are all in Africa, and am alone in the US, My visa was a G2 visa that was valid for 3 months, our case number became current just few days following the new VB. Kindly advise what I need to do on my end in terms of change of status, since I am not the principal winner. Thank you in advance
 
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