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DV 2023 AOS (Adjustment of Status) Only

Ahhh when I found out that I won, it was like I was reborn. I was so happy that I had never been so happy in my 34 years of life. I was waiting for my process in my country, my case number was not very high (143xx in the middle), I started waiting for an interview, but it was not coming. On May 12, I decided to come to the US and start my AOS process. In mid-June, I completed my documents and sent my file. At the beginning of August, I gave fingerprints. When there was no progress 2 weeks after fingerprinting, I tried to get the senator and congressman involved. It was August 16 and I still had not received an interview or my card was not in the printing stage. I immediately created an investigation. I waited for USCIS to get back to my case. I was calling and begging every day, I couldn't sleep at night. I was trying, trying, trying to file an expedite request. Finally, on August 28th, I was able to get my expedite request approved.

September 6 and September 7 were the most difficult days of my 34-year life. The process I had dreamed of for 1.5 years was said to be over and I could do nothing. Congressman returned and said that my case was finalized. He said that they would be notified in 1-2 days.

For 1.5 years, I added another dream to my dreams every day. Now I am waiting for my case to be dismissed. It will take me a long time to stand up because I have been dreaming of this for 34 years. I apologize to myself for not realizing my childhood dream. I did everything I could and more, but I failed.

I would like to thank everyone who shared their process. I congratulate everyone who received a GC and wish them goodness, happiness and health in their new lives.

To those who share my fate, I'm sorry!
 
Sm1smom said:
That sucks! Especially for you folks with the Brooklyn FO who have been waiting for several months. I'm sorry for this unfortunate outcome. All the best as you move on!
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I thank @sm1smon and all others for their grateful advice. All the information on this forum was very helpful indeed.
 
Sm1smom said:
Congratulations and thanks for the update. Did you inform the IO about your husband's case?

I wouldn't recommend your husband intentionally fall out of status at this point. Yes, I understand the associated cost of remaining in F1 status at this point with the potential of becoming a LPR shortly after the un-enrolment window closes is quite a lot. Your approval does not automatically guarantee his approval, so if he falls out of status now and his AOS application ends up not being approved before the end of the FY, you do realize he will need to depart from the US as a result? You will not be able to sponsor him while he is OOS as the OOS is not forgiven/overlooked for the non-USC spouses.
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Yes, I did inform IO. She just said he would have to wait for an interview.

Last week my husband received a letter for biometrics with a date of 21st September. Is there a reason my biometrics were waived but his wasn't? Should he email the field office and ask to have his biometrics waived too? He has had his biometrics taken twice at the Yakima Washington field office twice in 2021 and once in Mexico in 2022 for his F1.

We are just worried he won't be scheduled for an interview in time.
 
Dear @Sm1smom, dear @Britsimon,

I would like to share my situation with you and ask for your thoughts.

Unfortunately, I have received very bad news regarding my parents' health, and with the intention of leaving to be with them, I opened a case with my Congressman, providing all the medical documentation.
Until yesterday, the person handling my case told me that the response from the Field Office is that they are processing my case. I pointed out to her that, in my opinion, it's just an automated response, but what she said gave me the feeling that she has simply done what I have been doing so far, i.e. call the USCIS Contact Center. I believed, possibly in error, that they might pursue different and more direct avenues.
At this point today, still holding onto a glimmer of hope, I asked her if, given the urgency, it was advisable to also reach out to a Senator right away. However, she replied that if I do that, they will close my case. Now, I will wait for a new update from her tomorrow to see, but I have always heard that many people have opened multiple cases (with USCIS, with CIS Ombudsman, with Congressmen, with Senators), and even though I was discouraged by you Mom to do it, I never seemed to understand that one excludes the other.
The person in the office also told me that they can only send the documentation attesting the urgency, as they have already done, but they cannot make any requests to expedite my case. So, she suggested that I consult an attorney. Considering the urgency of my situation due to severe family health conditions, do you think it can make a difference, or is the exhaustion of visas an irrevocable condition, even in the face of a serious problem?

Another question: my F1 visa expired in November during the adjustment of status. Adhering to the rules, I continued to diligently attend classes with excellent grades, so I am still in status. What happens now? I don't know if I will stay, but F1 is a nonimmigrant visa. Having declared my intention to live here through the DV program, could I still remain with an expired visa while maintaining my I-20 and attending classes as I have been doing so far? If, on the other hand, I decide to leave to be with my parents, I know I won't be able to return. However, will participating in the DV Lottery affect my ability to request any other nonimmigrant visa in the future?

Thank you for your continue support.
 
A.E said:
Yes, I did inform IO. She just said he would have to wait for an interview.

Last week my husband received a letter for biometrics with a date of 21st September. Is there a reason my biometrics were waived but his wasn't? Should he email the field office and ask to have his biometrics waived too? He has had his biometrics taken twice at the Yakima Washington field office twice in 2021 and once in Mexico in 2022 for his F1.

We are just worried he won't be scheduled for an interview in time.
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Quite interesting it took you about two weeks to respond to my post/question. You seriously mean you’ve not been following the discussions on this thread and are subsequently not aware of the recent new developments about visa exhaustion from around one week ago?

Anyway, no you cannot send in a request for bio request waiver. USCIS has the discretion to re-use or not re-use recent biometrics completed from within the US. Your husband’s 2022 bio taken at an embassy cannot be used for the AOS process.

And for his sake, I hope he has not dropped out of school just like I advised him to not do two weeks ago.
 
AM7 said:
Dear @Sm1smom, dear @Britsimon,

I would like to share my situation with you and ask for your thoughts.

Unfortunately, I have received very bad news regarding my parents' health, and with the intention of leaving to be with them, I opened a case with my Congressman, providing all the medical documentation.
Until yesterday, the person handling my case told me that the response from the Field Office is that they are processing my case. I pointed out to her that, in my opinion, it's just an automated response, but what she said gave me the feeling that she has simply done what I have been doing so far, i.e. call the USCIS Contact Center. I believed, possibly in error, that they might pursue different and more direct avenues.
At this point today, still holding onto a glimmer of hope, I asked her if, given the urgency, it was advisable to also reach out to a Senator right away. However, she replied that if I do that, they will close my case. Now, I will wait for a new update from her tomorrow to see, but I have always heard that many people have opened multiple cases (with USCIS, with CIS Ombudsman, with Congressmen, with Senators), and even though I was discouraged by you Mom to do it, I never seemed to understand that one excludes the other.
The person in the office also told me that they can only send the documentation attesting the urgency, as they have already done, but they cannot make any requests to expedite my case. So, she suggested that I consult an attorney. Considering the urgency of my situation due to severe family health conditions, do you think it can make a difference, or is the exhaustion of visas an irrevocable condition, even in the face of a serious problem?

Another question: my F1 visa expired in November during the adjustment of status. Adhering to the rules, I continued to diligently attend classes with excellent grades, so I am still in status. What happens now? I don't know if I will stay, but F1 is a nonimmigrant visa. Having declared my intention to live here through the DV program, could I still remain with an expired visa while maintaining my I-20 and attending classes as I have been doing so far? If, on the other hand, I decide to leave to be with my parents, I know I won't be able to return. However, will participating in the DV Lottery affect my ability to request any other nonimmigrant visa in the future?

Thank you for your continue support.
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Your post is so accusatory and full of blames such that I’m not even sure where to start from. I therefore will not bother to address the erroneous first section of the post, while I try to keep my response to your actual questions simple.

1. Your personal situation or the urgency surrounding it makes no difference to visa exhaustion.

2. You remain in status for as long as your I-20 remains valid (such as you have not undertaken unauthorized employment, or utilized an AOS based EAD for work, or stopped attending classes as required), regardless of visa stamp expiration. Yes, your declared immigrant intent could prevent the approval of a new NIV, unless you can convincingly demonstrate to the embassy the immigrant intent no longer exists.
 
Sm1smom said:
Quite interesting it took you about two weeks to respond to my post/question. You seriously mean you’ve not been following the discussions on this thread and are subsequently not aware of the recent new developments about visa exhaustion from around one week ago?

Anyway, no you cannot send in a request for bio request waiver. USCIS has the discretion to re-use or not re-use recent biometrics completed from within the US. Your husband’s 2022 bio taken at an embassy cannot be used for the AOS process.

And for his sake, I hope he has not dropped out of school just like I advised him to not do two weeks ago.
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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.
 
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?
 
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