DV 2023 AOS (Adjustment of Status) Only

[Sm1smom]

Thank you ,
1)So, at my first attempt, they asked me about my DS260 and I responded that if my file becomes processed, I might consider staying in the US. and that leaded to my denial.
At my second attempt, I strongly impressed my willing to coming back to my country of residence due to different emotional bonds.
So, do you think it has been be noted at my profile when they issued me my F1?
Also, because of this story , I am really scared to go overseas again and to attend an embassy interview for my file.

So, in this case,and with keeping in mind of my high case number which still has not been current, what would you suggest?

2)Another question is that, while deciding on these matters, I am doing my medical and about to mail my 330 dollars fee to be ready for filing my case in future. Do you agree ?

3)Also, what is the SASE that is been noted at the explanation of spreadsheet to be mailed along with our cashier check and the info?

Thank you

1. So for your first interview, you admitted to the expressed immigrant intent, but at the second interview you denied the previously expressed and admitted immigrant intent. Do I think this has been noted in your file, yes I do. Based on this, I think you need to be aware if you pursue your DV selection and end up not getting the GC, the possibility of being granted a new F1 visa (when the current one expires) will be low or next to none. I’m sorry I cannot make a suggestion as to the route you should pursue, you’ll need to make the decision yourself.
2. I do not have to agree or disagree, it is your case, your call on what to do. Just bear in mind if your CN ends up not becoming current or it becomes current and KCC already forwarded your case file to your embassy before you inform them of your plan to switch from CP to AOS, the payment will not be refunded and the medical exam will not be acceptable for a CP interview.
3. SASE = Self Stamped Address Envelope (a separate envelope with adequate stamp and your address listed on it - this will be used in mailing back the payment receipt to you).

 

[megha_]

The case with the 113 days interval seems to be an outlier compared to other cases from the same FO from previous years prior. Having said that, I think you case seem to be progressing as expected. Nonetheless, if you feel better, you can start proactively following up by contacting the USCIS call center, or chatting with Emma. You can also initiate a congressional case inquiry assistance from next week if you like.

Hi Mom, got this response from Tier-1 agent -
"The timeline given to us for your case states that the earliest we can place a service request regarding the processing of your specific application is 121 days from now."

They understand that this case has specific timelines but said "There is nothing wrong with or out of the ordinary about your case."

Tier 2 agent may respond back is 30 business days.

 

[megha_]

Hi Mom, got this response from Tier-1 agent -
"The timeline given to us for your case states that the earliest we can place a service request regarding the processing of your specific application is 121 days from now."

They understand that this case has specific timelines but said "There is nothing wrong with or out of the ordinary about your case."

Tier 2 agent may respond back is 30 business days.

Agent also mentioned that my case is with NBC and didn't see anything on the interview

 

[Sm1smom]

Hi Mom, got this response from Tier-1 agent -
"The timeline given to us for your case states that the earliest we can place a service request regarding the processing of your specific application is 121 days from now."

They understand that this case has specific timelines but said "There is nothing wrong with or out of the ordinary about your case."

Tier 2 agent may respond back is 30 business days.

Agent also mentioned that my case is with NBC and didn't see anything on the interview

Thanks for the updates. Like I already stated in my previous response, "your case seem to be progressing as expected" - I honestly do not see a need to be fretting at this point.

 

[nabin.sfo]

Hey Mom, it’s been 45 days my bio been waived. Just chatted with Emma about my case status. She said its been 6 days the case has been forwarded to the San Francisco FO. I asked about the background check and she replied she cannot provide any answer on that.

Looking at the spreadsheet I’ve found two other AOSers still waiting for the IL. I compared the timeline from last 3 years and there are cases that has received their IL within a month and some after 4 months.

Do you advise i should talk to tier 2 or just wait patiently, which is very hard

Thanks

 

[iliashark]

@Sm1smom Went for my interview today.... Waited for 2hrs at the NY FO in the waiting room. Was told by the IO that everything was in order in my case but that my interview should not have been scheduled before KCC confirmed the payment. I had the payment receipt and had included it in my original AOS submission but the IO said it had to come from the department of state (he mentioned both fax and email so I'm not sure he knew). He initially told me that I would get a callback tomorrow for a new interview and then mentioned that it might come in the form of a new letter... He apologized and I think he was just as confused as I was but it's such a frustrating situation... Do you know what I can expect and how I should be handling this? Do you think I should attempt to walk-in at the end of the week with my old interview letter and try to talk to another IO if I don't hear back tomorrow? What should my next steps be?

cc: @SebastianNY - for awareness

 

[Blade_]

Hey Mom, it’s been 45 days my bio been waived. Just chatted with Emma about my case status. She said its been 6 days the case has been forwarded to the San Francisco FO. I asked about the background check and she replied she cannot provide any answer on that.

Looking at the spreadsheet I’ve found two other AOSers still waiting for the IL. I compared the timeline from last 3 years and there are cases that has received their IL within a month and some after 4 months.

Do you advise i should talk to tier 2 or just wait patiently, which is very hard

Thanks

What tier 1 can't tell you is whether your BC is cleared. What they can tell you, and you should ask, is if your interview has been scheduled.

If there are in fact cases that had their interview scheduled in two weeks less than what you have waited so far, there is no harm in asking for a tier 2 call back. That would at least take another few weeks from now.

PS: While it is important how long it took others, it also is important when in FY this was. If this "in 1 month" case was early in FY, I would be more determined to call, in comparison to when it was in fact at the end of FY.

 

[Lilabross]

Your overstay will be forgiven if you were to be petitioned by your USC child. So yes, that person is correct. However, I have no idea how close your child is to getting their citizenship.

Hi Sm1smom! I have one crazy question? So I have filed my I-539 for b-2 extension before my I-94 expired . If my numbers for Uzbekistan becomes current will I be able to file another I-485 based on dv , while my I-539 pending ? Also let’s say yes I will be able to file . what’s gonna if I receive I-485 interview before I-539 descision

 

[Sm1smom]

Hey Mom, it’s been 45 days my bio been waived. Just chatted with Emma about my case status. She said its been 6 days the case has been forwarded to the San Francisco FO. I asked about the background check and she replied she cannot provide any answer on that.

Looking at the spreadsheet I’ve found two other AOSers still waiting for the IL. I compared the timeline from last 3 years and there are cases that has received their IL within a month and some after 4 months.

Do you advise i should talk to tier 2 or just wait patiently, which is very hard

Thanks

San Francisco FO is one of those that takes their time with DV based AOS cases, sometimes like to bunch them together. As you can see from the Timeline spreadsheet, two other cases filed way before yours are still pending, so my suggestion is to exercise more patience. But you certainly can speak to a Tier 2 agent in the interim if you like.

 

[nabin.sfo]

What tier 1 can't tell you is whether your BC is cleared. What they can tell you, and you should ask, is if your interview has been scheduled.

If there are in fact cases that had their interview scheduled in two weeks less than what you have waited so far, there is no harm in asking for a tier 2 call back. That would at least take another few weeks from now.

PS: While it is important how long it took others, it also is important when in FY this was. If this "in 1 month" case was early in FY, I would be more determined to call, in comparison to when it was in fact at the end of FY.

Thanks @Blade_ for your helpful insight. I really appreciate it.

 

[nabin.sfo]

San Francisco FO is one of those that takes their time with DV based AOS cases, sometimes like to bunch them together. As you can see from the Timeline spreadsheet, two other cases filed way before yours are still pending, so my suggestion is to exercise more patience. But you certainly can speak to a Tier 2 agent in the interim if you like.

Thanks @Sm1smom for your advise. I will wait few more weeks and keep checking the spreadsheet.

 

[Sm1smom]

@Sm1smom Went for my interview today.... Waited for 2hrs at the NY FO in the waiting room. Was told by the IO that everything was in order in my case but that my interview should not have been scheduled before KCC confirmed the payment. I had the payment receipt and had included it in my original AOS submission but the IO said it had to come from the department of state (he mentioned both fax and email so I'm not sure he knew). He initially told me that I would get a callback tomorrow for a new interview and then mentioned that it might come in the form of a new letter... He apologized and I think he was just as confused as I was but it's such a frustrating situation... Do you know what I can expect and how I should be handling this? Do you think I should attempt to walk-in at the end of the week with my old interview letter and try to talk to another IO if I don't hear back tomorrow? What should my next steps be?

cc: @SebastianNY - for awareness

Oh no! that sucks that the IO wouldn't interview you while waiting to receive your KCC file. Sounds like he may be new with processing DV based AOS applications. I would say give it until the end of the week (it may actually take a bit longer) to get new updates about your interview. Yes, you can attempt a walk-in at the FO to see if they're able to issue you with a new IL (or interview you on the spot) - I however do not think you can successfully request to be interviewed by another IO.

 

[iliashark]

@Sm1smom definitely a bummer... Had been looking forward to this day to finally complete the process. Thanks for the help on this. I will try a walk-in on Monday if I don't hear back and will keep you all posted. Any chance the interview ends up being waived at this point or likely just a round #2 incoming? Hope this doesn't drag too much

 

[Sm1smom]

Hi Sm1smom! I have one crazy question? So I have filed my I-539 for b-2 extension before my I-94 expired . If my numbers for Uzbekistan becomes current will I be able to file another I-485 based on dv , while my I-539 pending ? Also let’s say yes I will be able to file . what’s gonna if I receive I-485 interview before I-539 descision

Did you not file the I-539 after sending in your AOS package? That pending I-539 is as good as dead AFAIK because you automatically rolled into adjustment pending state once your I-94 expired, and since the I-485 which was filed before the I-539 has been denied, you're now deemed out of status. I do not believe the pending I-539 gives you any form of legal status at this point even if it was filed prior to I-94 expiration, this is because you already had another application in the system prior to that.

Anyway, assuming your CN becomes current while your I-539 is still pending, and you go ahead and file a new DV based I-485, the pending I-539 will need to be approved first before the I-485 can be approved. I doubt the I-539 will be approved.

 

[Sm1smom]

@Sm1smom definitely a bummer... Had been looking forward to this day to finally complete the process. Thanks for the help on this. I will try a walk-in on Monday if I don't hear back and will keep you all posted. Any chance the interview ends up being waived at this point or likely just a round #2 incoming? Hope this doesn't drag too much

Anything can happen, I cannot predict how it may eventually turn out.

 

[nabin.sfo]

Thanks @Sm1smom for your advise. I will wait few more weeks and keep checking the spreadsheet.

Quick update. I got an appointment through emma to speak to a Tier 2 agent. I’ll update once i get a call. Thanks

 

[A.E]

Do you think for AOS I should submit DS260 or it doesnt really matter? How do I get that second NL?

 

[Blade_]

Do you think for AOS I should submit DS260 or it doesnt really matter?

See AOS spreadsheet FAQ tab -> rows 7

How do I get that second NL?

See AOS spreadsheet FAQ tab -> rows 9

PS: While I personally decided to fill DS260, I never received 2NL, did not include it in the package, and was never asked to provide it.

 

[Annpa]

Quick update. I got an appointment through emma to speak to a Tier 2 agent. I’ll update once i get a call. Thanks

How did you make an appointment? What reason did you mention to speak to Tier 2 agent?

 

[nabin.sfo]

How did you make an appointment? What reason did you mention to speak to Tier 2 agent?

Talked with emma via chat about my case and explaining how dv based AOS has a limited time and requested to put me in a call list to talk to Tier 2 agent. It worked. I’m yet to get a callback though