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DV 2022 AOS (Adjustment of Status) Only

Hi everybody. I am having issues with my previous returned taxes. I'm trying to amend the 2019 and 2020 like Sm1smom said. I am under J-1 and my husband was unemployed without SSN/ITIN, J-2 status. I filled out my return as single, as one of the taxer preparers said me when I went to his office. Now, my husband is working and he has a SSN. My question is: Do I have to amend (2019-2020) as Married filling separated or I could do it as jointly? I am only worried about the immigration issue with USCIS.
Thanks a lot.
 
Luci80 said:
Hi everybody. I am having issues with my previous returned taxes. I'm trying to amend the 2019 and 2020 like Sm1smom said. I am under J-1 and my husband was unemployed without SSN/ITIN, J-2 status. I filled out my return as single, as one of the taxer preparers said me when I went to his office. Now, my husband is working and he has a SSN. My question is: Do I have to amend (2019-2020) as Married filling separated or I could do it as jointly? I am only worried about the immigration issue with USCIS.
Thanks a lot.
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Sorry I don’t provide further guidance on tax filing. You’ll need to speak with a tax specialist if you can’t figure out the right status to select on your own.
 
jeanmobayed said:
Thank you mom, I'll wait a few days and see. Could it cause any problems in the future if KCC doesn't update in time?
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Yes it could create issues if KCC already forwarded your case file to the embassy before processing your request to switch over to AOS, as KCC will not be able to send the same case file to the FO for AOS when the FO requires the case file to be sent. You may need to work with the embassy at that point to get the case file forwarded to the FO as the AOS application cannot be approved without the KCC case file.
 
lolopolo said:
Hi everyone again. I appreciate each and everyone's help and patience - by midnights I'm becoming very anxious about the process.
So, my package is finally ready to go, but I'm still waiting for the DV fee receipt ($330). It's been cashed out on Monday but no movement since then. Looking at members' statuses, it looks like it might take 2-4 weeks to receive the receipt (sometimes longer). On the other hand, my estimate (from other's timelines again) is that it takes about 4 months for the case to be processed once the package is received.

Here go questions:
1. Main question - please explain/link to me once and for all, how does the system work on the backend. I understand that it's generally a race against time yet patience is appreciated. But I can't wrap my head around cut-off numbers and internal queuing. Does a case number within the cut-off range mean that a visa is "immediately available" and is sort of reserved (assuming prerequisites are met)? Or are visas distributed on a first-come, first-serve basis within the cut-off range (again, assuming prerequisites are met)?
2. In April a much higher number of cases became current - does that mean DVs are prioritized and will be processed faster (implying faster turnarounds)?
3. At this point I'm ready to give up on the chance for my interview to be waived, if speed is king (see #1). Other than the interview waiver and the (slight?) possibility of the packet being returned, are there any additional concerns about sending the package without the receipt? FWIW, I have a photo of the endorsed money order and a screenshot of the page that says it's been cashed.

Again, thank y'all for your understanding - I literally lost my sleep over this.
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1. Visas are not reserved for AOS cases like they do for CP. For AOS, VB cutoff number’s purpose is for determining filing window. CN order is irrelevant after that.
2. DV based AOS cases have always been prioritized from the beginning of the FY all the way till the end every year.
 
Sm1smom said:
Oh wow! You pulled the plug way too fast. You can still attempt a walk-in though. If they allow you into the ASC, they will let you know if they're subsequently unable to find your scheduled bio in the system due to your having cancelled it.
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Just did my walk-in bio appointment successfully this morning after rescheduling my initial bio appointment prematurely. Seems like rescheduling shouldn't halt a person from walking in for bio.
 
Sm1smom said:
2. DV based AOS cases have always been prioritized from the beginning of the FY all the way till the end every year.
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By chance I recently stumbled upon an official confirmation of this. From SOP (standard operating procedure) for AOS dated 2003 (very outdated but still informative):
The Diversity Visa (DV) Lottery Program creates a special category for immigrant visas, making visas available through a lottery to people who
come from countries with low rates of immigration to the U.S. Petitions based on the DV category are only processed in the Vermont Service
Center, pursuant to being filed in the Baltimore District Office. DV Lottery winners are also given priority.
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Source: FOIA request https://www.aila.org/infonet/uscis-sop-on-i-485-adjustment-of-status-processing
 
jeanmobayed said:
Hello,

Today I emailed KCC to tell them about my decision of changing from CP to AOS, I included all required information (Case number, date of birth, full name). I received and automated response:

View attachment 3425
How can I check if they did change anything? Should I try to send the same email again? I'm not current yet but I'm worried they'd send my case to the embassy once I am and cause a problem later, could that happen?
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Here it is what I got on March 4th when I decided to move from CP to AOS:
1649858379947.png
One week later I received what KCC called the Adjustment letter (I guess this is te 2NL), and a pdf letter attached to the email with the next content:
1649858611759.png

Hope this helps!
 
Sm1smom said:
1. Visas are not reserved for AOS cases like they do for CP. For AOS, VB cutoff number’s purpose is for determining filing window. CN order is irrelevant after that.
2. DV based AOS cases have always been prioritized from the beginning of the FY all the way till the end every year.
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Oh, thank you so much - this is such a relief. I mean, I understand that the clock is still ticking, but at least I know that a visa is "immediately available". I spent a few hours yesterday, listening to BritSimon's podcasts and googling, trying to find this info.
 
lolopolo said:
Oh, thank you so much - this is such a relief. I mean, I understand that the clock is still ticking, but at least I know that a visa is "immediately available". I spent a few hours yesterday, listening to BritSimon's podcasts and googling, trying to find this info.
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I never said "a visa is immediately available" for AOSers, what I said was visas are not reserved for AOSers. AOS Filing does not mean visas are automatically available. The IO still has to request the actual visa (which is not guaranteed to be always available especially in an over-subscribed year where the process has been 'normal'). Go through the AOS Early Filing Memo (which I believe you should have come across on the AOS Process Spreadsheet) where it says:

"In all cases, the ISO must review the current month’s Visa Bulletin to ensure that there is a DV visa available at time of final adjudication. The Form I-485 cannot be approved until the applicant’s DV rank number falls below that listed in the current Visa Bulletin. Therefore, at the time of final adjudication, the ISO must only review the DV applicant’s rank cut-off number for the month during which final adjudication takes place, not the rank cut-off number listed in the current Visa Bulletin’s separate “advance notification” table or the month in which the Form I-485 adjustment application was originally filed. As a last step, the ISO must then confirm that a DV visa number is actually available at the time of final adjudication by submitting an electronic request for the DV visa within IVAMSWEB".
 
Hello, my case is so complicated and I have some questions. Is pending status legal to do AOS? I had J1 visa before and changed of status from J1 to F1 before my J1 visa is expired. I’ve been waiting for my F1 status about 1.4 years and unfortunately it’s still pending. So am I able to do aos? Thank you in advanced.
 
Xarthisius said:
By chance I recently stumbled upon an official confirmation of this. From SOP (standard operating procedure) for AOS dated 2003 (very outdated but still informative):

Source: FOIA request https://www.aila.org/infonet/uscis-sop-on-i-485-adjustment-of-status-processing
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Yup! There’s a slightly newer “official confirmation” (April 2012) which also validates the diversity cases prioritization claim:

Question 8: What are the current processing times for DV Lottery cases which must be completed by September 30, 2012. Are the local field offices cooperating with scheduling these in a timely manner?

Response 8: Preliminarily, we note that “winning” the State Department’s annual DV “lottery” does not ensure that an applicant will be found eligible to adjust status on the basis of the DV program. Selection in the “lottery” merely renders the person eligible for further processing for a DV visa (or adjustment of status) in the relevant fiscal year. An alien may not apply for adjustment of status before the current State Department Visa Bulletin indicates that a DV visa number has become available to the person in question. USCIS has procedures in place to process DV adjustment applications in an expeditious manner, but because of existing variables (e.g., admissibility, need to complete background checks), it is impossible to guarantee that the agency can approve a given I-485 application before the end of the relevant fiscal year.

USCIS National Benefits Center – Florida Bar Teleconference
 
Manitam18838 said:
Hello, my case is so complicated and I have some questions. Is pending status legal to do AOS? I had J1 visa before and changed of status from J1 to F1 before my J1 visa is expired. I’ve been waiting for my F1 status about 1.4 years and unfortunately it’s still pending. So am I able to do aos? Thank you in advanced.
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Well you may go ahead and file for AOS, as long as you realize the AOS application cannot be approved while your COS application is still pending.

"A noncitizen may file an adjustment application after expiration of his or her nonimmigrant status while the noncitizen’s timely-filed EOS or COS application is pending. [18] In such cases, the officer should defer adjudication of the adjustment application until USCIS adjudicates the EOS or COS application so long as there are no other grounds for denial.

If USCIS ultimately approves the EOS or COS application, then the noncitizen is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the noncitizen is generally considered to be in unlawful immigration status as of the expiration of the noncitizen’s current nonimmigrant status and likewise on the date the adjustment application is filed. In this instance, the INA 245(c)(2) bar would apply, unless an exemption is available.

USCIS Manual Extension of Stay or Change of Status
 
Sm1smom said:
"In all cases, the ISO must review the current month’s Visa Bulletin to ensure that there is a DV visa available at time of final adjudication. The Form I-485 cannot be approved until the applicant’s DV rank number falls below that listed in the current Visa Bulletin. Therefore, at the time of final adjudication, the ISO must only review the DV applicant’s rank cut-off number for the month during which final adjudication takes place, not the rank cut-off number listed in the current Visa Bulletin’s separate “advance notification” table or the month in which the Form I-485 adjustment application was originally filed. As a last step, the ISO must then confirm that a DV visa number is actually available at the time of final adjudication by submitting an electronic request for the DV visa within IVAMSWEB".
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Hmmm, so I'm back to square #1 then. We are not talking about early filing at this point, I’d call it the opposite .

Does the bolded part mean that CN serves only for determining the filing window (as you said) but visas are drawn from the pool on an FCFS basis? Meaning that even if I have relatively low CN (EU14xxx) but my case arrived later than other cases with higher CN’s (but still within the cutoff), there is a chance I won’t get a visa even for an otherwise perfectly legit case (not taking into account delays beyond the end of FY). Or, an alternative I can think of and hope for, they put all cases within the cutoff in the backlog ordered by CN (i.e., somewhat irrespective of the reception date), review them, and grant visas still in the order from lower CN to higher CN.

I’m not trying to nitpick or be difficult, just to clarify as much as possible. Again, the question I’m trying to answer for myself, is if waiting for the receipt is justified at this point. So much appreciate your patience!
 
ervaro said:
Here it is what I got on March 4th when I decided to move from CP to AOS:
View attachment 3428
One week later I received what KCC called the Adjustment letter (I guess this is te 2NL), and a pdf letter attached to the email with the next content:
View attachment 3429

Hope this helps!
Click to expand...

Thank you, it does help a lot. Were you current when you made the change? Did you pay the DV fee or just emailed them?

Can I also ask what email subject did you use or can you tell me more details about the email that yoy sent them?
 
lolopolo said:
Hmmm, so I'm back to square #1 then. We are not talking about early filing at this point, I’d call it the opposite .

Does the bolded part mean that CN serves only for determining the filing window (as you said) but visas are drawn from the pool on an FCFS basis? Meaning that even if I have relatively low CN (EU14xxx) but my case arrived later than other cases with higher CN’s (but still within the cutoff), there is a chance I won’t get a visa even for an otherwise perfectly legit case (not taking into account delays beyond the end of FY). Or, an alternative I can think of and hope for, they put all cases within the cutoff in the backlog ordered by CN (i.e., somewhat irrespective of the reception date), review them, and grant visas still in the order from lower CN to higher CN.

I’m not trying to nitpick or be difficult, just to clarify as much as possible. Again, the question I’m trying to answer for myself, is if waiting for the receipt is justified at this point. So much appreciate your patience!
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Outside of what I already provided which IMO already answered the question you're basically recycling, the only thing I can add is that each FOs and IOs operate independently, they review and adjudicate cases based on their own specific workload/applicable timeline. There is therefore no such thing as putting all cases in a backlog ordered by the CN ranking. Again, the CN being high or low is irrelevant in terms of the AOS process approval timeline. The only time the CN matters is for making the filing window determination.

And yes, my patience is wearing rather thin at this point, I will therefore not be responding to any other follow up question about this specific issue. I am quite sure a paid attorney will not have been as accommodating as I have been to date. I'm sorry if the information you've been provided with to-date makes it impossible for you to determine what you need to do at this point.
 
I emailed KCC twice (March 29 and April 4) regarding switching CP to AOS, and got same reply twice
Can this be considered as 2NL ?

DV Fee - sent March 31
DV Fee - cashed April 5
the only thing is I didn't put leading zeroes in my CN..
1649872997373.png
 
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