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DV 2023 AOS (Adjustment of Status) Only

A.E said:
So sorry mom! I totally dropped the ball!!!

I have not been monitoring the forum as I had that trip to Puerto Rico planned and I honestly havent had much time to jump on my laptop.
My husband has been texting me updates about his situation, and was starting to panic and I've only just gotten downtime.

Just caught up with the visa exhaustion problem. That's so awful for everybody!!! What a nightmare.!!!

Am I able to apply for AOS for my husband now that I have my card? Yes he ended up staying at school.
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I see. No worries.

Yes, you can file an I-130 to petition him for his GC (looks like you can actually do a concurrent filing of the I-130 + I-485 based on the September VB). This will not be a quick or fast process, just so you guys are aware. It could take up to 2 years before he gets his GC. Your husband will need to maintain a valid status throughout the process.
 
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mtb said:
Yesterday, we tried walk-in interview at Memphis FO. People were nice and let us in for the interview. After waiting for ~20 minutes, we were interviewed. Everything went smoothly. However towards the end, the IO said that the visa might already been exhausted, so there is no guarantee of the visa. He added that the decision will be made in some days and will give us a call by Monday. Finger-crossed.
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Have you had the call back from the IO, or you're still waiting? Any new update?
 
Sm1smom said:
I see. No worries.

Yes, you can file an I-130 to petition him for his GC (looks like you can actually do a concurrent filing of the I-130 + I-485 based on the September VB). This will not be a quick or fast process, just so you guys are aware. It could take up to 2 years before he gets his GC. Your husband will need to maintain a valid status throughout the process.
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This is really not the news I wanted to come home to. So devastating. I am just sitting here at the airport and it is really hitting me now, and my poor husband has been crying all day. I feel so bad for him, but really its almost like I didnt get mine either since I will be stuck in the same predicament. I have a few questions if you dont mind me asking....

In relation to the DV:

1) How do I find out who my congressman is? And how do I get there contact information?
2) Is there anything a congressmean can do?
3) Is there any way I can dispute this with USCIS since they cashed my check for the both of us, and sent his application back wrongfully stating that DV2023 fiscal year had ended in August when in fact it had not? On top of that, my field office lost the receipt from KCC and I had to take it to them, and they asked for it again for his application just two weeks ago? Are they not supposed to put a visa aside for him since my application clearly stated that we would be applying together and they had no problems cashing the money???

Just some thoughts going through my head....

In relation to I-30 and I-485:

1) When submitting those two applications, can we also ask for an EAD card at the same time? If so, how does that work? Can he use the EAD card at the same time as studying? Or does using it violate his F1 status?
 
A.E said:
This is really not the news I wanted to come home to. So devastating. I am just sitting here at the airport and it is really hitting me now, and my poor husband has been crying all day. I feel so bad for him, but really its almost like I didnt get mine either since I will be stuck in the same predicament. I have a few questions if you dont mind me asking....

In relation to the DV:

1) How do I find out who my congressman is? And how do I get there contact information?
2) Is there anything a congressmean can do?
3) Is there any way I can dispute this with USCIS since they cashed my check for the both of us, and sent his application back wrongfully stating that DV2023 fiscal year had ended in August when in fact it had not? On top of that, my field office lost the receipt from KCC and I had to take it to them, and they asked for it again for his application just two weeks ago? Are they not supposed to put a visa aside for him since my application clearly stated that we would be applying together and they had no problems cashing the money???

Just some thoughts going through my head....

In relation to I-30 and I-485:

1) When submitting those two applications, can we also ask for an EAD card at the same time? If so, how does that work? Can he use the EAD card at the same time as studying? Or does using it violate his F1 status?
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1-2) You can google congresswoman or congressman by zip code. They will tell you to fill out a form. After you fill out that form, it should take between 4 to 6 weeks.


Please don't misunderstand, it's a waste of time, why? Only DV winners know the process well. No one else knows anything (USCIS, Emma, Live Agent, Congressman & woman, senator)

3)The only thing you can do is talk to a lawyer. We don't know the law, maybe mom does, but I don't. The only thing I know is that this process is over. It's sad, it's exhausting, it's hurtful, but it's the truth. Even if there is a light on the horizon for you, I will be praying for you to reach this light.
 
A.E said:
This is really not the news I wanted to come home to. So devastating. I am just sitting here at the airport and it is really hitting me now, and my poor husband has been crying all day. I feel so bad for him, but really its almost like I didnt get mine either since I will be stuck in the same predicament. I have a few questions if you dont mind me asking....

In relation to the DV:

1) How do I find out who my congressman is? And how do I get there contact information?
2) Is there anything a congressmean can do?
3) Is there any way I can dispute this with USCIS since they cashed my check for the both of us, and sent his application back wrongfully stating that DV2023 fiscal year had ended in August when in fact it had not? On top of that, my field office lost the receipt from KCC and I had to take it to them, and they asked for it again for his application just two weeks ago? Are they not supposed to put a visa aside for him since my application clearly stated that we would be applying together and they had no problems cashing the money???

Just some thoughts going through my head....

In relation to I-30 and I-485:

1) When submitting those two applications, can we also ask for an EAD card at the same time? If so, how does that work? Can he use the EAD card at the same time as studying? Or does using it violate his F1 status?
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1. Take a look at the FAQ section of the AOS Process Spreadsheet.
2. No.
3. No you cannot dispute anything considering the original rejection leading to the separation of his case from yours was due to a missing signature on his form. No, they’re not supposed to send a visa aside for him simply because you already got approved. Visas do not get set aside for DV based AOS cases. You guys are actually lucky considering one of you made it through and you can petition the one that did not make it - see your cup as half full, and not half empty! There are other AOSers, (couples) who actually filed way before you who never got scheduled for their interview, they have no fall back status as they’re currently OOS and will need to depart from the US as such. There’s nothing they can do about the visa exhaustion either. Save your money, there’s nothing any lawyer can do about the case.
4. Yes he can apply for both the EAD and AP with the I-130/I-485. The same caution listed on the AOS process spreadsheet for those two cards applies same way with a family based AOS. Take a look at the AOS Package tab of the AOS Process Spreadsheet for more on where this caution is listed.
 
Hello everyone, I attended my interview at the Chicago field office on September 8th. The case status changed to "New card being produced" on September 10th. Furthermore, it was updated to "Case has been approved, approval notice has been sent" on September 11th. However, I haven't received the approval notice yet. When I contacted a live agent, they confirmed that my green card is approved and is sent to production. With all the talks about visa exhaustion, is my case in danger?
 
awesome333 said:
Hello everyone, I attended my interview at the Chicago field office on September 8th. The case status changed to "New card being produced" on September 10th. Furthermore, it was updated to "Case has been approved, approval notice has been sent" on September 11th. However, I haven't received the approval notice yet. When I contacted a live agent, they confirmed that my green card is approved and is sent to production. With all the talks about visa exhaustion, is my case in danger?
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They can't approve your case if there is no visa available. I won't be worried, but let's wait a few more days for the post to deliver the card before starting to get concerned.
 
Blade_ said:
They can't approve your case if there is no visa available. I won't be worried, but let's wait a few more days for the post to deliver the card before starting to get concerned.
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Hi Blade, thanks for the response. Didn't the visas run out by September 6th? My case was approved on September 11th. It's very confusing.
 
I had an interview to be held on September 15th. However, yesterday I received a call from the officer that my interview was cancelled. Thus ends my story.

I would like to give special thanks to @Sm1smom @Britsimon @Xarthisius . You are doing very valuable things here. If it weren't for this forum, I wouldn't even be able to access the "correct" information.
 
awesome333 said:
Hello everyone, I attended my interview at the Chicago field office on September 8th. The case status changed to "New card being produced" on September 10th. Furthermore, it was updated to "Case has been approved, approval notice has been sent" on September 11th. However, I haven't received the approval notice yet. When I contacted a live agent, they confirmed that my green card is approved and is sent to production. With all the talks about visa exhaustion, is my case in danger?
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That is quite interesting. Please keep us updated if/when the GC shows up in your mailbox.
 
onami said:
I had an interview to be held on September 15th. However, yesterday I received a call from the officer that my interview was cancelled. Thus ends my story.

I would like to give special thanks to @Sm1smom @Britsimon @Xarthisius . You are doing very valuable things here. If it weren't for this forum, I wouldn't even be able to access the "correct" information.
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I’m sorry about this unfortunate ending to this dream. All the best as you move on with your life.
 
onami said:
I had an interview to be held on September 15th. However, yesterday I received a call from the officer that my interview was cancelled. Thus ends my story.

I would like to give special thanks to @Sm1smom @Britsimon @Xarthisius . You are doing very valuable things here. If it weren't for this forum, I wouldn't even be able to access the "correct" information.
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That's a bummer. Stay hopeful and do apply for GC lottery in the upcoming years. In fact, I had the similar situation of not getting GC the first time I was selected back in 2018, got it 3 years later. Best of luck!
 
onami said:
I had an interview to be held on September 15th. However, yesterday I received a call from the officer that my interview was cancelled. Thus ends my story.

I would like to give special thanks to @Sm1smom @Britsimon @Xarthisius . You are doing very valuable things here. If it weren't for this forum, I wouldn't even be able to access the "correct" information.
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One more thing: be sure to depart from the US before your current authorized stay expires.
 
Sm1smom said:
That is quite interesting. Please keep us updated if/when the GC shows up in your mailbox.
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Sure, I'll continue to provide updates on my case.

On September 1, my hope for getting a green card lost due to the limited number of visas available. Also, I received an unexpected response to my congressional inquiry request, stating that my case is under review by the Tampa field office for a possible interview waiver. However, I've already received an interview letter from the Chicago field office. Additionally, an expedite request was initiated (although I didn't request it through my congressman). Do you believe there's still a chance?
 
awesome333 said:
Sure, I'll continue to provide updates on my case.

On September 1, my hope for getting a green card lost due to the limited number of visas available. Also, I received an unexpected response to my congressional inquiry request, stating that my case is under review by the Tampa field office for a possible interview waiver. However, I've already received an interview letter from the Chicago field office. Additionally, an expedite request was initiated (although I didn't request it through my congressman). Do you believe there's still a chance?
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Why would the the Tampa FO be reviewing and considering your case for an interview waiver if the Chicago FO has jurisdiction over the case? That makes no sense to me.

You’ll just have to wait and see at this point, I can’t tell you if there’s still any chance or not.
 
onami said:
Thank you. But already its expired by 12 days. Nothing I can do for that. Its unfortunate. But Im leaving from US today.
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Oh such a bummer. One of the downsides of trying to process AOS from a B1/B2 which a lot of folks are not prepared for. Such an unfortunate outcome.
 
awesome333 said:
Sure, I'll continue to provide updates on my case.

On September 1, my hope for getting a green card lost due to the limited number of visas available. Also, I received an unexpected response to my congressional inquiry request, stating that my case is under review by the Tampa field office for a possible interview waiver. However, I've already received an interview letter from the Chicago field office. Additionally, an expedite request was initiated (although I didn't request it through my congressman). Do you believe there's still a chance?
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One other thing that makes no sense to me about your case: you were called in for an interview at the Chicago FO, meanwhile all the other cases from the Chicago FO (reported in this forum) got the interview waived. The Tampa FO that was supposedly considering waiving your interview has actually not approved cases without an interview based on what has been reported in this forum.

Yeah, makes no sense to me and you’ll just have to wait and see at this point.
 
mtb said:
Yesterday, we tried walk-in interview at Memphis FO. People were nice and let us in for the interview. After waiting for ~20 minutes, we were interviewed. Everything went smoothly. However towards the end, the IO said that the visa might already been exhausted, so there is no guarantee of the visa. He added that the decision will be made in some days and will give us a call by Monday. Finger-crossed.
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Just an update:
It has now been a week since we faced the interview.
On September 12, I got an email from Memphis FO regarding my expedited request (I requested it on Aug 29): "You or your representative contacted USCIS to notify us that you were requesting an expedited review of your case. Action has been taken on your case as you appeared for an interview at the USCIS Memphis Field Office on September 8, 2023. You will be notified by mail regarding the decision made on your application. No further action is required from you at this time."
Now, my case has been changed to "Expedite Request Received". By the way, we appeared for an interview on September 7 (Not September 8). I do not know why they are saying September 8 in the email. But I do not think it matters now, since the visa has already been exhausted.
 
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