DV 2023 AOS (Adjustment of Status) Only

[Sm1smom]

Sorry @Sm1smom,
I'm just confused because here people are talking to Tier 1 and 2 (I don't know who they are), going to offices (I don't know if USCIS or not), getting calls (I don't know how and from whom), using apps, and it seems to speed up the process...

Those are folks talking about Tier 1/2/office visits are those whose applications are already in the system, they have assigned receipt number that can be used for looking up their cases.

 

[Sherry13]

By “most people”, are you comparing your timeline to everyone in general or to folks assigned to the same ASC as you?

I compared it with both. At first, I was comparing with the same ASC as mine, and the max number of days was 20 but because there are not enough experiences of the same ASC in the timelines, I compared with the rest as well. There are only 2 experiences with higher than 40 days of waiting for a biometric appointment letter. There is a form for submitting an expedition on the USCIS website, can I use it now? If not, Is there any other way to find out what is going on in my case? Live agents also didn’t give me any information. Thank you

 

[lotterywinnerof2023]

I just received my rejection letter today. The letter clearly explains why the application is rejected!
1) Not having lawful immigration status
2) failure to maintain lawful immigration status
the also indicated that "Failure to maintain lawful nonimmigrant status during the period that an asylum application is pending is not considered to be a technical violation under 8 CFR 245.1(d)(2)(ii). Since a request for asylum is not considered to be a request to maintain the status
I do not intend to file a motion or appeal since I don't have any new facts!

 

[Sm1smom]

I compared it with both. At first, I was comparing with the same ASC as mine, and the max number of days was 20 but because there are not enough experiences of the same ASC in the timelines, I compared with the rest as well. There are only 2 experiences with higher than 40 days of waiting for a biometric appointment letter. There is a form for submitting an expedition on the USCIS website, can I use it now? If not, Is there any other way to find out what is going on in my case? Live agents also didn’t give me any information. Thank you

You can try submitting the form, I don’t know if the system will allow you to submit it though since you’ve been waiting less than 60 days. You can can continue calling/chatting with the agents and focus on trying to find out if your bio appointment has been scheduled or not.

 

[Sherry13]

I read all the FAQs, is it possible any delay in updating the status related to tax filings? I filed my tax returns with Torborax and I received stimulus payments as a student. But in Torbotax I always mentioned in the last question that I am a nonresident alien. Can this cause my case to get into trouble?

 

[Sm1smom]

I just received my rejection letter today. The letter clearly explains why the application is rejected!
1) Not having lawful immigration status
2) failure to maintain lawful immigration status
the also indicated that "Failure to maintain lawful nonimmigrant status during the period that an asylum application is pending is not considered to be a technical violation under 8 CFR 245.1(d)(2)(ii). Since a request for asylum is not considered to be a request to maintain the status
I do not intend to file a motion or appeal since I don't have any new facts!

Sorry to learn of your denial, and thanks for the update. All the best with the asylum case.

 

[Sm1smom]

I read all the FAQs, is it possible any delay in updating the status related to tax filings? I filed my tax returns with Torborax and I received stimulus payments as a student. But in Torbotax I always mentioned in the last question that I am a nonresident alien. Can this cause my case to get into trouble?

While I’m yet to come across denial of a DV based AOS application due to receiving the stimulus payment while not eligible to do so, they certainly can deny such a case under the moral turpitude grounds.

 

[Call78]

Thanks @Sm1smom so much one more time! Green card arrived in my PO Box , so no problems with it. Your advises and help are so clear, professional and important for each of us !!! God bless you !!!

 

[Sm1smom]

Hi Sm1smon, I did my fingerprint on May 8th; after that, I have no update from USCIS. I did contact the congressman's office for my case inquiry (July 8), but they have not received an update from USCIS, as they say. Do you think my case is in AP? We don't have many cases in the timeline spreadsheet for the Providence field office to compare. What do you suggest at this point? Just keep waiting or I should proceed with any other actions? Thank you. Have a great day!

Yes, it is possible your case may be on AP. You can give your congressman’s office about a week before following up with them to find out if there’s any update.

 

[Do_Kmy2]

Hello I have a question !
Do everyone who responded yes to the question « Do you want the SSA to issue you a Social Security Card » receive a new SSA or can one just apply for a new one of his own after getting his case approved ?

 

[KonradCurze]

Hi @Sm1smom ,
My wife and me have our interview on Monday and the invitation letter says that we should carry translations of foreign documents, but we've sent our originals of signed translations in the AOS package. The spreadsheet "Interview Tips" section doesn't say anything about original translation copies. So should we go and try to get new signed translation copies from somebody or should USCIS have our originals on hand?

 

[SouLUSA]

Hi Sm1smom, I got pulled over yesterday. I was not over speeding, the car behind me was overspeeding and overtook me. But, I got the two tickets of overspeeding. Does it affect my case? Also, I already sent my package, 4 weeks early and haven't mentioned it in i485 form.

 

[bbg21]

Dear Mom and all, Good day!

My wife's I-485 form was approved by USCIS and she received her card. We wrote an email to US Embassy and requested follow to join and an interview appointment for me. But we received from immigration visa unit email below:

The KCC is responsible for assiging DV cases to posts. Once KCC schedules an interview date for a case, they notify the beneficiary and transfer the files to Posts. According to our information your case is still at KCC. You may reach out directly to KCC at KCCDV@state.gov to inquire about DV case. On the other hand, the U.S. Embassy Ankara has reached capacity for the DV 2023 program and is unable to accept additional cases. Applicant may contact other U.S. Embassies/Consulates to inquire wheter they will accept her case.

Do you have any suggestions? No other embassy will accept our case transfer since we are not a resident of their region.

I think we don't have enough time for an I-824 form..

Best regards.

 

[Sm1smom]

Hi @Sm1smom ,
My wife and me have our interview on Monday and the invitation letter says that we should carry translations of foreign documents, but we've sent our originals of signed translations in the AOS package. The spreadsheet "Interview Tips" section doesn't say anything about original translation copies. So should we go and try to get new signed translation copies from somebody or should USCIS have our originals on hand?

Do you have clear copies of what you sent? If you do, carry those along. They most likely have the copies you sent along with your package, but sometimes sent documents do get misplaced. So attending the interview with both copies and original version of sent documents (as applicable) is always recommended.

 

[Sm1smom]

Hi Sm1smom, I got pulled over yesterday. I was not over speeding, the car behind me was overspeeding and overtook me. But, I got the two tickets of overspeeding. Does it affect my case? Also, I already sent my package, 4 weeks early and haven't mentioned it in i485 form.

You can mention this when you go for your interview at the point where the IO asks the “Have you ever …” questions. Be sure to carry along proof of payment or any remediation you were assessed.

 

[Sm1smom]

Dear Mom and all, Good day!

My wife's I-485 form was approved by USCIS and she received her card. We wrote an email to US Embassy and requested follow to join and an interview appointment for me. But we received from immigration visa unit email below:

The KCC is responsible for assiging DV cases to posts. Once KCC schedules an interview date for a case, they notify the beneficiary and transfer the files to Posts. According to our information your case is still at KCC. You may reach out directly to KCC at KCCDV@state.gov to inquire about DV case. On the other hand, the U.S. Embassy Ankara has reached capacity for the DV 2023 program and is unable to accept additional cases. Applicant may contact other U.S. Embassies/Consulates to inquire wheter they will accept her case.

Do you have any suggestions? No other embassy will accept our case transfer since we are not a resident of their region.

I think we don't have enough time for an I-824 form..

Best regards.

I’m sorry I do not have any other suggestion on how to proceed with your FTJ - what you’re experiencing is one of the downsides of the FTJ option.

If you end up not being able to benefit from your wife’s selection as her derivative, she will need to sponsor you in that case.

 

[KonradCurze]

Hi @Sm1smom ,
Me and my wife have done our interview today, was a bunch of questions about our marriage, work and the officer went fully over background check. We got a bit nervous for no reason (not too much but still probably noticeable) and my wife requested an interpreter at some point because she couldn’t understand the background check questions. The officer has also made a couple corrections like marking that we’ve never left the US since entering and changed our work addresses from legal ones to the actual onsite locations. I think the officer might’ve got a bit suspicious because we’ve received a paper saying that our case is being “held for review”, she also didn’t say whether it was approved or if we’re good.
Is it a bad sign? Would she reject us outright if she doesn’t think we pass or is it common practice to “hold cases for review” and then reject?I know we’ve answered truthfully to all the questions and that we are fully eligible, but still worried because all people seem to receive their approval almost immediately.

 

[Sm1smom]

Hi @Sm1smom ,
Me and my wife have done our interview today, was a bunch of questions about our marriage, work and the officer went fully over background check. We got a bit nervous for no reason (not too much but still probably noticeable) and my wife requested an interpreter at some point because she couldn’t understand the background check questions. The officer has also made a couple corrections like marking that we’ve never left the US since entering and changed our work addresses from legal ones to the actual onsite locations. I think the officer might’ve got a bit suspicious because we’ve received a paper saying that our case is being “held for review”, she also didn’t say whether it was approved or if we’re good.
Is it a bad sign? Would she reject us outright if she doesn’t think we pass or is it common practice to “hold cases for review” and then reject?I know we’ve answered truthfully to all the questions and that we are fully eligible, but still worried because all people seem to receive their approval almost immediately.

Not all cases get approved on the spot or immediately following the interview. It is therefore not unusual to get the case being held for review update. Quite a couple of other applicants who filed and interviewed before you received the same update at the end of their interview.

 

[nabin.sfo]

After months of waiting I finally got the interview letter for next month. I hope everyone who’s been waiting for IL gets one soon.

 

[KonradCurze]

Not all cases get approved on the spot or immediately following the interview. It is therefore not unusual to get the case being held for review update. Quite a couple of other applicants who filed and interviewed before you received the same update at the end of their interview.

Don’t they usually tell the reason for the delay though, like what they have to check?
We have also messed up a couple of dates though, like my wife said a wrong first digit of our marriage date first and I’ve messed up the number of years we are married by a year.