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DV 2023 AOS (Adjustment of Status) Only

SebastianNY said:
hi

1. I just noticed that in my I-485 I checked 25a : "was inspected at a port entry and admitted " but didn't entered "alien worker" [left blank by mistake], in 26a-c I put my I-94 number, and status L-1A etc. Is it a deal breaker or something which can be amended on the interview?
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Not a deal breaker. Can be updated at the interview if one gets scheduled.
 
Sm1smom said:
You’re supposed to include a SASE with the payment which is what KCC is supposed to use in sending back the receipt. Did you not include a SASE with your payment?
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Yes, I did that, I made the payment before 15 days and today I contacted with them and they said they didn’t receive the payment yet, but I checked the money order they said the money order was cashed!
 
Erickkkkk said:
Yes, I did that, I made the payment before 15 days and today I contacted with them and they said they didn’t receive the payment yet, but I checked the money order they said the money order was cashed!
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Erickkkkk said:
Yes, I did that, I made the payment before 15 days and today I contacted with them and they said they didn’t receive the payment yet, but I checked the money order they said the money order was cashed!
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If you included the SASE with your payment KCC will eventually send the receipt. It’s not usual for it to take anywhere between 20 to over 90 days before it gets sent - you’ll see this if you take a look at the Timeline spreadsheet. It also isn’t usual for them to send unhelpful responses back to emails asking about the receipt like they did to you. What they sent you is a template response.
 
Sm1smom said:
If you included the SASE with your payment KCC will eventually send the receipt. It’s not usual for it to take anywhere between 20 to over 90 days before it gets sent - you’ll see this if you take a look at the Timeline spreadsheet. It also isn’t usual for them to send unhelpful responses back to emails asking about the receipt like they did to you. What they sent you is a template response.
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i appreciate you.
 
Hello Mom
I am on B1/2 visa… coming soon to the states for Observership in an university.
I have 3 questions
1- how long should i stay before i file to overcome intent issue?
2- how long it might takes for the paperwork to get an interview after i file?
3- is it a good reason( having an observership) to be on b1/2 and applying for AOS. My intent is to attend my observership.

Thank you
 
Adam_cadabra said:
Hello Mom
I am on B1/2 visa… coming soon to the states for Observership in an university.
I have 3 questions
1- how long should i stay before i file to overcome intent issue?
2- how long it might takes for the paperwork to get an interview after i file?
3- is it a good reason( having an observership) to be on b1/2 and applying for AOS. My intent is to attend my observership.

Thank you
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1. I'm sorry I cannot answer that question. Telling you wait a certain amount of time before filing for AOS will amount to me encouraging a misuse of a NIV considering you are currently outside the US and already have this preconceived intent of AOS filing.
2. It depends on several factors - could be anywhere between a couple of weeks to a couple of months.
3. Again, I'm sorry I cannot answer this question - same reason as my response 1 above.

In general, your above question(s) are fully addressed in the FAQ section of the AOS Process Spreadsheet, read below for more:

QUESTION: I am currently outside the US. Can I travel over on a NIV and apply for AOS / I already have a visitor's visa. Can I use it to enter the US and apply for AOS since my embassy is not processing DV cases (or my embassy is slow, or closed)?

ANSWER: AOS is intended for people already residing in the US before the decision to file for AOS was made. Entering the US on a non-dual intent NIV with a preconceived intent of filing for AOS is considered a fraudulent attempt at obtaining an immigration benefit, which is frowned upon. However, if you declare this preconceived intent of filing AOS at the POE and you are subsequently admitted into the US following that declaration, filing for AOS after that will most likely not be considered a fraudulent attempt at obtaining an immigration benefit.
CAVEAT: The IO, at the time of the AOS can still ask why you decided to enter the US and process AOS even if this intent was disclosed at the POE. You will need to be prepared for this.
DISCLOSURE: We’ve had previous cases of DV selectees who entered the US on a visitor’s who subsequently successfully processed their selection via AOS without declaring their preconceived AOS intent at the POE.
NOTE: Should you decide to proceed with entering the US to file for AOS, do make sure you understand the AOS process before doing so. I highly recommend you go through the AOS Process Spreadsheet to ensure you understand the steps involved.
 
Sm1smom said:
1. You wouldn’t have an A# if you’ve never applied for any form of immigration benefit from USCIS, so leave the section blank.
2. Alien Worker.
3. You probably should since you’re talking about different countries.
4. You could do that if she was self employed, you could also leave it empty. Date to for current employe.
5. Please use your discretion.
6. Liabilities = debts you currently owe. House lease wouldn’t necessarily be a debt because leases can be broken, and the 3 months you have left is in the future. Plus if you’re to count those 3 months, what about the months after?
7. Yes.
8. Yes.
9. That is fine.
10. Your call. Take a look at the FAQ section of the AOS Process Spreadsheet for more on this.
11. Clear legible copies are required to be included with the AOS package, while the original versions should be taken along to the interview.
12. That is not recommended - using a third party with no vested interest in your GC outcome is recommended.
13. It is recommended.
14. No.
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Thank you very much, that was very helpful.
A couple of follow-up questions I've had:
1. How high approximately is the chance diversity visas run out by the time I file (April)?
2. I've read that there are "per-country" diversity visa maximum quotas (like 7% of the total, so about 3500 maximum per country). I see that there is a separate CN queue for my country in the Visa Bulletin, lower than the general for the region. Does that mean that my countrymen are applying for the diversity visa more often and there is a higher chance that diversity visas for my country run out?
 
KonradCurze said:
Thank you very much, that was very helpful.
A couple of follow-up questions I've had:
1. How high approximately is the chance diversity visas run out by the time I file (April)?
2. I've read that there are "per-country" diversity visa maximum quotas (like 7% of the total, so about 3500 maximum per country). I see that there is a separate CN queue for my country in the Visa Bulletin, lower than the general for the region. Does that mean that my countrymen are applying for the diversity visa more often and there is a higher chance that diversity visas for my country run out?
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1. Not likely to happen.
2. Possibly (but rarely happens).
 
Sm1smom said:
1. I'm sorry I cannot answer that question. Telling you wait a certain amount of time before filing for AOS will amount to me encouraging a misuse of a NIV considering you are currently outside the US and already have this preconceived intent of AOS filing.
2. It depends on several factors - could be anywhere between a couple of weeks to a couple of months.
3. Again, I'm sorry I cannot answer this question - same reason as my response 1 above.

In general, your above question(s) are fully addressed in the FAQ section of the AOS Process Spreadsheet, read below for more:

QUESTION: I am currently outside the US. Can I travel over on a NIV and apply for AOS / I already have a visitor's visa. Can I use it to enter the US and apply for AOS since my embassy is not processing DV cases (or my embassy is slow, or closed)?

ANSWER: AOS is intended for people already residing in the US before the decision to file for AOS was made. Entering the US on a non-dual intent NIV with a preconceived intent of filing for AOS is considered a fraudulent attempt at obtaining an immigration benefit, which is frowned upon. However, if you declare this preconceived intent of filing AOS at the POE and you are subsequently admitted into the US following that declaration, filing for AOS after that will most likely not be considered a fraudulent attempt at obtaining an immigration benefit.
CAVEAT: The IO, at the time of the AOS can still ask why you decided to enter the US and process AOS even if this intent was disclosed at the POE. You will need to be prepared for this.
DISCLOSURE: We’ve had previous cases of DV selectees who entered the US on a visitor’s who subsequently successfully processed their selection via AOS without declaring their preconceived AOS intent at the POE.
NOTE: Should you decide to proceed with entering the US to file for AOS, do make sure you understand the AOS process before doing so. I highly recommend you go through the AOS Process Spreadsheet to ensure you understand the steps involved.
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Hi Mom, I inquired similar doubt previously I am on F1 and in my second year, my DV result came when I was visiting home country and filled my DS260 after I went back to US, my query is same if the IL asks me I flew back to US to do AOS what should I say ?
 
Dear Mom,

Today I contacted Emma's live agent to get the latest updates on my case. When had I contacted them before they had told me that my case is at the field office since November 18? But today they said that my case is at National Benefits Center. Do you know what could be the possible reasons for my case to be sent back to NBC?
 
Jarsh said:
Hi Mom, I inquired similar doubt previously I am on F1 and in my second year, my DV result came when I was visiting home country and filled my DS260 after I went back to US, my query is same if the IL asks me I flew back to US to do AOS what should I say ?
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Try to not compare apples and oranges please. You were already based in the US as a F1 student even if you were visiting home when the results came out - you had plans of returning for your studies, didn’t you? I think you should be able to come up with an appropriate response on your own if that question gets asked. My response which you quoted is to someone planning on coming to the US on a visitor’s visa - completely different situation from you.
 
Hamo said:
Dear Mom,

Today I contacted Emma's live agent to get the latest updates on my case. When had I contacted them before they had told me that my case is at the field office since November 18? But today they said that my case is at National Benefits Center. Do you know what could be the possible reasons for my case to be sent back to NBC?
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You case did not get sent back to NBC, you were given a meaningless template response.
 
If the officer refused to give me green card and i had applied for AOS while i am on B1/2 . I will not be able to be on B1/2 visa again ?
Thank you!
 
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