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DV 2024 AOS (Adjustment of Status) Process Only

canelmaslar said:
There is no problem with my background check, I have no criminal history either here or in my home country. I have applied for visa extension change of status many times until today. Everything was concluded very quickly. What do you think I should think? Should I think something's wrong?
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While you may know that you have no criminal history, you have no way of knowing what your FBI conducted background check revealed. It may be something as simple as having the same name with someone already under a government watch; if that is the case additional checks need to be conducted to confirm you’re not that person. It could be due to your chargeability country - some countries are not cooperative with sharing background information with the US government. It could be something to do with a country you’ve visited in the past. It could be something to do with your educational background or your work experience. None of these are indicators of having a criminal history on their own, they however are issues that could delay the background check clearance, as the government needs to be sure of who it is they’re dealing with.

Having several successful EOS or COS in the past are irrelevant, as no FBI background checks gets initiated for either of those to get approved. AOS processing is on a higher level compared to a COS or EOS which are non immigrant based statuses.
 
I understand,
I'm just stuck on this point;( I understand I don't really know the reason)
How can the background check query of someone who applied in January is still ongoing, while the query of someone who applied in June can be finished in 1 week. It seems like they are trying to prevent me from getting a green card.
 
Hello,

could you please explain what is the policy of processing the case, for example after getting AOS package accepted, is Sept 30 the deadline, and if we not going to make it (in terms of time), case will be just closed?

OR

if they start processing it it will be going thru till the final decision regardless of the end of the fiscal year?
 
monoteos said:
Hello,

could you please explain what is the policy of processing the case, for example after getting AOS package accepted, is Sept 30 the deadline, and if we not going to make it (in terms of time), case will be just closed?

OR

is they start processing it it will be going thru till the final decision regardless of the end of the fiscal year?
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Yes, 55,000 visas will be expired or those whose green card has not been approved by September 30 will not be able to receive it.
 
canelmaslar said:
I understand,
I'm just stuck on this point;( I understand I don't really know the reason)
How can the background check query of someone who applied in January is still ongoing, while the query of someone who applied in June can be finished in 1 week. It seems like they are trying to prevent me from getting a green card.
Click to expand...
FYI - for some folks, their background checks can actually clear within a day, talk less of those who clear within a week. Again, it all depends on what each person’s initial check reveals. Why would they be specifically trying to “prevent you” if there’s no issue with your case, like the IO in charge of your case has a personal beef with you or something? I’m sorry to say, but that’s ridiculous. Anyway, I recommend you take a last the “Background Check” tab of the AOS Process spreadsheet to help you better understand what the background check processing involves.
 
monoteos said:
Hello,

could you please explain what is the policy of processing the case, for example after getting AOS package accepted, is Sept 30 the deadline, and if we not going to make it (in terms of time), case will be just closed?

OR

if they start processing it it will be going thru till the final decision regardless of the end of the fiscal year?
Click to expand...
Case must be adjudicated no later than Sept. 30th. Any case pending adjudication by the end of the applicable FY will eventually be denied.
 
canelmaslar said:
How can the background check query of someone who applied in January is still ongoing, while the query of someone who applied in June can be finished in 1 week.
Click to expand...
I understand your frustration, but mom actually answered that question. It could be a myriad reasons that lead to the delay whereas someone else could be quick and clear because - hypothetical example - they are young with a very short education/work history and their country cooperates with the US. If you have had “many” changes and extensions of status you clearly are not a fresh 22 year old , for example.

it’s just silly to say “they” don’t “want you‘ to have a green card btw. Who do you think exactly is involved in this grand conspiracy against you? and why would they do that?
 
canelmaslar said:
There is no problem with my background check, I have no criminal history either here or in my home country. I have applied for visa extension change of status many times until today. Everything was concluded very quickly. What do you think I should think? Should I think something's wrong?
Click to expand...
I hear your frustration but just wanted to let you know that we also have done EOS, applied at consulates for non immigrant visas, are from friendly Australia and no criminal record.

We received a call just this week that something was pending in background check still. The questions asked were just simple address clarifications.

You’ve been given great options to continue trying different things. If you hate sitting and waiting, then I suggest trying to call or attempt a walk in. At least you’ll feel like you’re doing something.

No one is trying to prevent you getting a GC. I’m sure the IO’s are very process driven and don’t play favorites. I’ve always found any of my dealings with USCIS to be fair and reasonable.
 
Hi Mom and everyone,

I'm a F1 student, I've aiready passed the biometrics on 06.01, but I still have not received an invitation to an interview, I'm in Houston. I'm very worried that they are no inviting me for a long time and that green cards may run out earlier. In your experience, how long can I wait for an invitation to an interview in Houston?

Thanks
 
Julymon said:
Hi Mom and everyone,

I'm a F1 student, I've aiready passed the biometrics on 06.01, but I still have not received an invitation to an interview, I'm in Houston. I'm very worried that they are no inviting me for a long time and that green cards may run out earlier. In your experience, how long can I wait for an invitation to an interview in Houston?

Thanks
Click to expand...
Add your case progress to the Timeline spreadsheet to allow for a proper review and response.
 
Hi all,

I just received my SASE today. It took 5 days from the day the DV payment was cashed. The question I have pertains to what the receipt looks like. I’m asking this because the only thing I got back is the DOS page I included with the original payment with a stamp on on it that says paid. There is also a line text on the back that was printed on it. Is this what I am supposed to get?

Thank you!
 
taba2996 said:
Hi all,

I just received my SASE today. It took 5 days from the day the DV payment was cashed. The question I have pertains to what the receipt looks like. I’m asking this because the only thing I got back is the DOS page I included with the original payment with a stamp on on it that says paid. There is also a line text on the back that was printed on it. Is this what I am supposed to get?

Thank you!
Click to expand...
I just flipped my DOS and found that line text on the back...:oops:

should I scan that too? but it's too late I sent it already just scanned front with stamp "Paid"
 
taba2996 said:
Hi all,

I just received my SASE today. It took 5 days from the day the DV payment was cashed. The question I have pertains to what the receipt looks like. I’m asking this because the only thing I got back is the DOS page I included with the original payment with a stamp on on it that says paid. There is also a line text on the back that was printed on it. Is this what I am supposed to get?

Thank you!
Click to expand...
Yes that is your receipt.
 
Julymon said:
Hi Mom and everyone,

I'm a F1 student, I've aiready passed the biometrics on 06.01, but I still have not received an invitation to an interview, I'm in Houston. I'm very worried that they are no inviting me for a long time and that green cards may run out earlier. In your experience, how long can I wait for an invitation to an interview in Houston?

Thanks
Click to expand...
I am also in Houston FO. I did my Biometrics in April. I also don't have any further response from FO. Please add your information in excel sheet.
 
Hello,
I am writing to seek your advice on a matter regarding the Green Card lottery and the Adjustment of Status process for my family (for this fiscal year)
I participated in the Green Card lottery and became a winner. My family and I have been residing in the USA since 2022.
In my Green Card lottery application, I listed myself and my two children, aged 8 and 11. At the time of the lottery entry, I was not officially married to the children's father.
Both I and my children's father filled out separate applications for the lottery, each including our two children. His application did not win, but mine did.
We officially registered our marriage in 2023 after the lottery results were announced.
In 2024, I prepared the documents for i-485, listing myself as the principal applicant and including my children and my husband, whom I officially married after the lottery.
We paid the DV lottery fees for 4 persons. We did not fill out Form DS-260 since we are already in the USA.

When submitting the documents with the I-485 forms, I included a cover letter explaining the situation, stating that our marriage was officially registered in 2023 (after winning the lottery), and attached the marriage certificate.

Today, we received a letter from USCIS stating that my husband's i-485 form was denied because he does not have grounds to be included as a beneficiary under my DV lottery win. However, my case and the cases of our two children were approved without an interview.

Given that there are only 2 months left until the end of the fiscal year, I am seeking your advice on the best course of action regarding my husband's situation.

1. What steps can we take to attempt to secure a Green Card for my husband as a family member of the primary applicant who won the lottery and whose case has been approved?
2. Should we consider filing an appeal, or would it be more effective to submit a new I-485 form for husband?
3. Is there indeed no basis for including my husband, who became an official family member after the lottery win, in the Adjustment of Status application?

Below is answer from the USCIS letter for your reference:
...After reviewing the evidence, USCIS records indicate that you are ineligible for the following reason(s): An applicant adjusting under INA 245(a) based on the Diversity Visa Program as a derivative beneficiary must establish that he or she was listed on the principal beneficiary’s DV Lottery application. The U.S. Department of State (DOS) instructions for entry in the DV lottery specifically direct and require that entries must include the name, date, place of birth, and photographs of the applicant’s spouse and all children (including natural children of the principal beneficiary, legally adopted by the principal beneficiary, and stepchildren of the principal beneficiary). Listed children must be unmarried and under the age of 21 on the date of the principal beneficiary’s electronic entry, even if the principal beneficiary is no longer legally married to the child’s parent.The principal beneficiary must list the spouse and children even if they do not currently reside with and/or will not immigrate with the principal beneficiary. Failure to list any spouse and all children who are eligible will result in disqualification of the principal beneficiary and refusal of all visas in the case at the time of the visa interview. Information and instructions about the Diversity Visa program are available at the Department of State website. Select Diversity Visa Program – Entry from the listed search results.
USCIS has determined that, although you qualify as the principal beneficiary’s spouse, when the principal beneficiary submitted the DV lottery entry he or she did not include your name, biographic information, and photograph in his or her application for the DV lottery. Therefore, you are not qualified to adjust status as a DV derivative immigrant. You have provided no evidence to indicate that you are immediately entitled to an immigrant visa on any other basis. See INA 245(a). Thus, you are not qualified to adjust status.You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your Form I-485. You may not appeal this decision. However, if you believe that the denial of your Form I-485 is in error, you may file a motion to reopen or a motion to reconsider using Form I-290B, Notice of Appeal or Motion.
Thank you for your assistance.
Best regards, Anna
 
annzar said:
Hello,
I am writing to seek your advice on a matter regarding the Green Card lottery and the Adjustment of Status process for my family (for this fiscal year)
I participated in the Green Card lottery and became a winner. My family and I have been residing in the USA since 2022.
In my Green Card lottery application, I listed myself and my two children, aged 8 and 11. At the time of the lottery entry, I was not officially married to the children's father.
Both I and my children's father filled out separate applications for the lottery, each including our two children. His application did not win, but mine did.
We officially registered our marriage in 2023 after the lottery results were announced.
In 2024, I prepared the documents for i-485, listing myself as the principal applicant and including my children and my husband, whom I officially married after the lottery.
We paid the DV lottery fees for 4 persons. We did not fill out Form DS-260 since we are already in the USA.

When submitting the documents with the I-485 forms, I included a cover letter explaining the situation, stating that our marriage was officially registered in 2023 (after winning the lottery), and attached the marriage certificate.

Today, we received a letter from USCIS stating that my husband's i-485 form was denied because he does not have grounds to be included as a beneficiary under my DV lottery win. However, my case and the cases of our two children were approved without an interview.

Given that there are only 2 months left until the end of the fiscal year, I am seeking your advice on the best course of action regarding my husband's situation.

1. What steps can we take to attempt to secure a Green Card for my husband as a family member of the primary applicant who won the lottery and whose case has been approved?
2. Should we consider filing an appeal, or would it be more effective to submit a new I-485 form for husband?
3. Is there indeed no basis for including my husband, who became an official family member after the lottery win, in the Adjustment of Status application?

Below is answer from the USCIS letter for your reference:
...After reviewing the evidence, USCIS records indicate that you are ineligible for the following reason(s): An applicant adjusting under INA 245(a) based on the Diversity Visa Program as a derivative beneficiary must establish that he or she was listed on the principal beneficiary’s DV Lottery application. The U.S. Department of State (DOS) instructions for entry in the DV lottery specifically direct and require that entries must include the name, date, place of birth, and photographs of the applicant’s spouse and all children (including natural children of the principal beneficiary, legally adopted by the principal beneficiary, and stepchildren of the principal beneficiary). Listed children must be unmarried and under the age of 21 on the date of the principal beneficiary’s electronic entry, even if the principal beneficiary is no longer legally married to the child’s parent.The principal beneficiary must list the spouse and children even if they do not currently reside with and/or will not immigrate with the principal beneficiary. Failure to list any spouse and all children who are eligible will result in disqualification of the principal beneficiary and refusal of all visas in the case at the time of the visa interview. Information and instructions about the Diversity Visa program are available at the Department of State website. Select Diversity Visa Program – Entry from the listed search results.
USCIS has determined that, although you qualify as the principal beneficiary’s spouse, when the principal beneficiary submitted the DV lottery entry he or she did not include your name, biographic information, and photograph in his or her application for the DV lottery. Therefore, you are not qualified to adjust status as a DV derivative immigrant. You have provided no evidence to indicate that you are immediately entitled to an immigrant visa on any other basis. See INA 245(a). Thus, you are not qualified to adjust status.You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your Form I-485. You may not appeal this decision. However, if you believe that the denial of your Form I-485 is in error, you may file a motion to reopen or a motion to reconsider using Form I-290B, Notice of Appeal or Motion.
Thank you for your assistance.
Best regards, Anna
Click to expand...
Before proceeding with a direct response to your questions, additional information is required. What non-immigrant visa type did you and your family enter the US with back in 2022? Was one of you (the parents) a derivative of the other, or did you both have independent visas?
 
fernandacar8 said:
Hi, can someone help me understand more about congressman and how can that help the interview process?
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Hello, google which congressman is looking at your region and explain the situation by specifying your case number. They may not be able to get you an interview for sure (at least not for me so far), but at least you will attract attention and I have heard that some people get an interview quickly with the help of a congressman.
 
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