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DV 2023 AOS (Adjustment of Status) Only

megdavidson26 said:
Hi,

I'm sorry to hear of your struggles. I'm Australian also and been here for 7 years. I looked on the spreadsheet and trying to understand your situation.

1. Was there a reason for the delay in submitting your documentation - you paid the fee in June, but were current in April?
2. How did you get approved for green card but your husband didn't? Weren't you interviewed at the same time?

Thanks.
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It's a bit of a long story, part of it is our fault and the other part fault on USCIS's part.

We actually sent our application and money order at the end of May but it took a little over 3 weeks before they cashed the money order, and then received the letter that the case was processing maybe 2 weeks after that I think. As for my husband, he forgot to sign his I-485 form. A very silly mistake that we are kicking ourselves over!!! We had triple checked everything else so many times, but we made two copies of the I-485 and guess we sent to one that wasn't signed somehow. Hence his application was mailed back while they started processing mine. So we sent back his application but this time USCIS (I'm guessing) didn't realize it was attached to my application as he was a beneficiary. Also in there rejection notice, they mistakenly said that the Fiscal Year had ended even though it was early August. So we sent his application back a third time, this time with a cover letter clearly stating the fiscal year end was 30th Sepptember and they started processing his case (it took about 2 or 3 weeks to cash his money order for the I-485 payment. That was probably the slowest part of the process. Then once his case went to the field office, they lost the receipt for our original DV payment (2x $330) which they actually did for my case aswell. I had to drive to the field office to give them the receipt and even after they had it on file they again said they lost it for his case. Doesnt make any sense to me. But s$%^ happens I guess, twice in fact. Then they scheduled him for biometrics for the 21st and as we all know now, visas were exhuasted on the 12th. So no, only I was interview end of August.
 
Sm1smom said:
Sorry to learn of the inevitable outcome of your husband's application.

1. Nothing weird about that.
2. You will need to read the instructions for each form and ensure you send in the applicable documentation (including required number of pictures) with the application.
3. Scrutiny level for not being deemed a public charge is the same regardless of it the AOS application is DV or family based. However, the required documentation for ensuring that is a lot more stringent for a family based AOS application.
4. Please spend some quality and review the instructions regarding what is required carefully yourself.
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Okay, thanks for your help Mom. It was interesting to learn that an EAD card automatically cancels out your prior status. Although this time around we may consider risking losing our prior status as we have already spent so many years here with work restrictions and now pushing into 40 and we still are both jobless and it's starting to get really depressing that all these years we haven't been able to have a permanent home. I realize it was our choice to choose the U.S. but in the beginning didn't know how difficult their immigration system was and by then we had already made a home here. If he is denied this next family based application we may aswell give up becuase I don't want to hit 50 and be the only one permitted to work.
 
Hi , today I received an email from USCIS regarding RFE. I am confused now. I thought all the green cards are issued by Sep 7th.
 
A.E said:
It's a bit of a long story, part of it is our fault and the other part fault on USCIS's part.

We actually sent our application and money order at the end of May but it took a little over 3 weeks before they cashed the money order, and then received the letter that the case was processing maybe 2 weeks after that I think. As for my husband, he forgot to sign his I-485 form. A very silly mistake that we are kicking ourselves over!!! We had triple checked everything else so many times, but we made two copies of the I-485 and guess we sent to one that wasn't signed somehow. Hence his application was mailed back while they started processing mine. So we sent back his application but this time USCIS (I'm guessing) didn't realize it was attached to my application as he was a beneficiary. Also in there rejection notice, they mistakenly said that the Fiscal Year had ended even though it was early August. So we sent his application back a third time, this time with a cover letter clearly stating the fiscal year end was 30th Sepptember and they started processing his case (it took about 2 or 3 weeks to cash his money order for the I-485 payment. That was probably the slowest part of the process. Then once his case went to the field office, they lost the receipt for our original DV payment (2x $330) which they actually did for my case aswell. I had to drive to the field office to give them the receipt and even after they had it on file they again said they lost it for his case. Doesnt make any sense to me. But s$%^ happens I guess, twice in fact. Then they scheduled him for biometrics for the 21st and as we all know now, visas were exhuasted on the 12th. So no, only I was interview end of August.
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Thank you for taking the time to explain. Definitely sounds like you've been on a rollercoaster.

That's the second story I've heard where someone forgot to sign a document and it got delayed (and then denied). I'm so sorry, that must be a gut-wrenching feeling.
 
A.E said:
Okay, thanks for your help Mom. It was interesting to learn that an EAD card automatically cancels out your prior status. Although this time around we may consider risking losing our prior status as we have already spent so many years here with work restrictions and now pushing into 40 and we still are both jobless and it's starting to get really depressing that all these years we haven't been able to have a permanent home. I realize it was our choice to choose the U.S. but in the beginning didn't know how difficult their immigration system was and by then we had already made a home here. If he is denied this next family based application we may aswell give up becuase I don't want to hit 50 and be the only one permitted to work.
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What does your husband want to do for work? Have you looked into the possibility of getting an E-3 visa? That's what we are on and they work pretty well (besides the 2-yearly renewal which can get annoying).
 
Pgcool said:
Regarding receiving the RFE , can anyone please help me if it makes any sense to send additional documents ?
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If you do have the requested documents, you may still want to send it, in case you want to apply for AOS again, the future IO may want to review your previous application. Better to be denied because of visa exhaustion than not providing evidence.
 
Pgcool said:
Regarding receiving the RFE , can anyone please help me if it makes any sense to send additional documents ?
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You haven’t shared any information as to what the RFE is for - will responding to the RFE constitute some major additional expense for you? Ask yourself if you’ll be able to forgive yourself later on if you decide to not respond to the RFE. Then make your own decision.
 
I just received an email from USCIS today regarding the RFE, but have not received the physical mail yet, so I am not sure what the RFE is for. but since I didnt sent my biomedical document, I assume it should be for that.
If I send my biomedical document for the RFE and in case I receive a denial for my DV AOS , and I want to apply for a new AOS application, It wouldn't require to add biomedical doc in my new application since they already have it?
 
Pgcool said:
I just received an email from USCIS today regarding the RFE, but have not received the physical mail yet, so I am not sure what the RFE is for. but since I didnt sent my biomedical document, I assume it should be for that.
If I send my biomedical document for the RFE and in case I receive a denial for my DV AOS , and I want to apply for a new AOS application, It wouldn't require to add biomedical doc in my new application since they already have it?
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Nope, you will still need the medical report. Each AOS application is different - each AOS application is required to have the application supporting documents, regardless of what was submitted for a previous AOS application.
 
I still have not received RFE in my mailbox, and requested to USCIS regarding the missing mail. Is there anything else I should do? I am afraid I get a denial because of missing document.
 
Pgcool said:
I still have not received RFE in my mailbox, and requested to USCIS regarding the missing mail. Is there anything else I should do? I am afraid I get a denial because of missing document.
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It’s only been like what, 2, 3 days since the online update, right? So yeah, you shouldn’t be surprised about not yet receiving the RFE in your mailbox by now, it will take a couple of days.

Nonetheless, it makes no difference at this point if the denial is due to visa exhaustion, or missing documents - the final outcome is the same, which is no approval. So I’m not sure as to why you’re afraid of a denial due to missing documents.
 
I received the RFE in mail regarding my medical doscument.
But part of the letter says "You must submit the requested information by December 21, 2023. However, you should respond as soon as possible if you would like your case to be considered for visa allocation for this fiscal year, which ends on September 30, 2023. Please be aware that if you submit the requested documents after September 30, 2023, but on or before December 21, 2023, this will not prevent consideration of visa allocation for you in the next fiscal year. "

Does it mean there is still a chance?

i have an approved NIW I-140, wanted to apply for I-485 through that, but now am very confused.
 
Pgcool said:
I received the RFE in mail regarding my medical doscument.
But part of the letter says "You must submit the requested information by December 21, 2023. However, you should respond as soon as possible if you would like your case to be considered for visa allocation for this fiscal year, which ends on September 30, 2023. Please be aware that if you submit the requested documents after September 30, 2023, but on or before December 21, 2023, this will not prevent consideration of visa allocation for you in the next fiscal year. "

Does it mean there is still a chance?

i have an approved NIW I-140, wanted to apply for I-485 through that, but now am very confused.
Click to expand...
You are not alone in your confusion, sounds like the immigration services officer is confused as well. With a day remaining, I would be highly surprised if your DV based AOS would be approved at all. This really seems a very tough decision fo you!
 
Pgcool said:
I received the RFE in mail regarding my medical doscument.
But part of the letter says "You must submit the requested information by December 21, 2023. However, you should respond as soon as possible if you would like your case to be considered for visa allocation for this fiscal year, which ends on September 30, 2023. Please be aware that if you submit the requested documents after September 30, 2023, but on or before December 21, 2023, this will not prevent consideration of visa allocation for you in the next fiscal year. "

Does it mean there is still a chance?

i have an approved NIW I-140, wanted to apply for I-485 through that, but now am very confused.
Click to expand...
Whoever issued the RFE is most definitely confused themselves when it comes to DV based AOS applications. The visa approval for DV based AOS applications cannot be carried over from one FY to the other. Assuming there are still visas available for DV2023 (which we know is not the case), any application not approved by EOB today is done with, there will be no approval for such a case effective Oct. 1st.
 
Hello mom,

I got this denial letter today in the mail. The second page of the denial letter is attached here. It says that I am now not eligible to stay in the US and should leave the US in 33 days. The same thing is written in my wife's letter too. We did not apply for EAD and we never got AP document. We are both graduate students and never out of status.
Is this something we should be worried?
 

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mtb said:
Hello mom,

I got this denial letter today in the mail. The second page of the denial letter is attached here. It says that I am now not eligible to stay in the US and should leave the US in 33 days. The same thing is written in my wife's letter too. We did not apply for EAD and we never got AP document. We are both graduate students and never out of status.
Is this something we should be worried?
Click to expand...
You might need to send Notice of Appeal, form I290B.
 
mtb said:
Hello mom,

I got this denial letter today in the mail. The second page of the denial letter is attached here. It says that I am now not eligible to stay in the US and should leave the US in 33 days. The same thing is written in my wife's letter too. We did not apply for EAD and we never got AP document. We are both graduate students and never out of status.
Is this something we should be worried?
Click to expand...
If you never violated your F1/F2 status while your AOS application was pending, and your period of authorized stay has not expired (evidenced by your I-94), you have no need to worry about having to depart from the US as stated by by the denial notice.

You can do a quick consultation with an experience immigration attorney to confirm this by the way.
 
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