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DV 2024 AOS (Adjustment of Status) Process Only

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...
This is the first time I've heard that dv lottery green card has been approved without an interview (congrats)
What was your status before? How long did you wait after taking biometrics and what state?
Thanks
 
Julymon said:
Hi Mom,

Unfortunately, I don't know how to do it.
Can someone do it instead of me if I tell all my information?

Thanks
Click to expand...
Go to the AOS spreadsheet linked in first post on this thread. There is a section on one of the tabs which has a link to congressman’s. You enter your zip code and it tells who your representative is.

Visit that persons website and submit an enquiry providing all your case details to them. I heard back from mine within 1 day.
 
Julymon said:
Hi Mom,

Unfortunately, I don't know how to do it.
Can someone do it instead of me if I tell all my information?

Thanks
Click to expand...
Your question is about how to add your case to the Timeline Spreadsheet. Here’s what you need to do:

1. Click the Green View Only dropdown at the top of the spreadsheet
2. Follow the instructions beneath it

Link to 2024 Timeline spreadsheet:
tinyurl.com

DV 2024 AOS Timeline Spreadsheet

tinyurl.com tinyurl.com
 
Julymon said:
This is the first time I've heard that dv lottery green card has been approved without an interview (congrats)
What was your status before? How long did you wait after taking biometrics and what state?
Thanks
Click to expand...
Yes, some cases get approved without an interview. We’ve had quite a couple of those, details of those are listed on the Timeline Spreadsheet .
 
Hello,
I have J2 visa with EAD card. On my EAD is written a USCIS # number. In my ds260 application, I put this number in the A-number section. Was this the correct way to do? If not, should I reopen my DS260 to correct it or just leave it be?
Thanks!
 
Last edited:
Makakou said:
Hello,
I have J2 visa with EAD card. On my EAD is written a USCIS # number. In my ds260 application, I put this number in the A-number section. Was this the correct way to do? If not, sound I reopen my DS260 to correct it or just leave it be?
Thanks!
Click to expand...
Leave it. No need to open the DS260 form.
 
Sm1smom said:
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?
Click to expand...
We crossed the border from Tijuana (Mexico) in April 2022.
We never had any type of visas before, and it was our first visit to the US.
So, we got Parole at the US border, Class admission - DT (because of the war in Ukraine). The Paroles we received at the border were independent of each other. After that, we all applied for TPS and received it in October 2022.
Now, we all have statuses: UHP (Ukrainian Humanitarian Parole) and TPS.
About your second question: if you mean the application for the green card lottery:
We (parents) submitted applications separately in 2022: one for me and our two kids, and the second for my now-official husband and our two kids, because we were not officially married before 2023. So I didn't include my now-official husband in my application for the green card lottery, but I added his Form I-485 and we paid all the necessary fees when I sent my documents to USCIS.
Thank you
 
Sm1smom said:
Leave it. No need to open the DS260 form.
Click to expand...

Thank you! Also, I received my 2NL on Friday and am currently waiting for the DV payment receipt (2 weeks since cashed). I also have my medical appointment this coming Wednesday. Should I send the i485 package without the DV receipt immediately after getting the medical letter, or wait a little longer? EU45k.
 
Julymon said:
This is the first time I've heard that dv lottery green card has been approved without an interview (congrats)
What was your status before? How long did you wait after taking biometrics and what state?
Thanks
Click to expand...
This was my first time participating in the lottery and my first experience with AOS, so I can't tell you how often this happens.

Our case could have been Super successful if my husband hadn't been denied.
Our case number was listed in the July bulletin.
We submitted the package of documents on July 1st,
it was received on July 5th,
on July 24th, we were notified that biometrics were taken.
On July 26th, the status for three of our cases was updated to "Case was approved."
(I hope I understand correctly that this means that all done). However, for my husband's case, the status indicated "We denied your Form I-485"

State - FL
 
annzar said:
We crossed the border from Tijuana (Mexico) in April 2022.
We never had any type of visas before, and it was our first visit to the US.
So, we got Parole at the US border, Class admission - DT (because of the war in Ukraine). The Paroles we received at the border were independent of each other. After that, we all applied for TPS and received it in October 2022.
Now, we all have statuses: UHP (Ukrainian Humanitarian Parole) and TPS.
About your second question: if you mean the application for the green card lottery:
We (parents) submitted applications separately in 2022: one for me and our two kids, and the second for my now-official husband and our two kids, because we were not officially married before 2023. So I didn't include my now-official husband in my application for the green card lottery, but I added his Form I-485 and we paid all the necessary fees when I sent my documents to USCIS.
Thank you
Click to expand...
1. Were you paroled as a married couple, common-law-partners, or independently?
2. Did you apply for TPS as a married couple, or common-law-partners, or independently?
 
Makakou said:
Thank you! Also, I received my 2NL on Friday and am currently waiting for the DV payment receipt (2 weeks since cashed). I also have my medical appointment this coming Wednesday. Should I send the i485 package without the DV receipt immediately after getting the medical letter, or wait a little longer? EU45k.
Click to expand...
Take a look at the FAQ tab of the AOS process spreadsheet and make your own decision.
 
Sm1smom said:
1. Were you paroled as a married couple, common-law-partners, or independently?
2. Did you apply for TPS as a married couple, or common-law-partners, or independently?
Click to expand...
For 1 and 2 - Independently.

I never saw the option "common-law partners" in the USCIS forms.
However, when my husband first filled out the I-821 and I-765 forms (in 2022), he provided in the section "Additional Information" that he has been in a civil marriage since 2001 and included my passport information there.
We indicated "Single" as our marital status in all applications that were submitted before we received our marriage certificate.
Only the forms we submitted this spring I-131 Ukrainian Re-Parole contains information that we are married.

We were told that civil marriages are not recognized in US, so if you are not officially married, you must indicate that you are single.
Thank you
 
Sm1smom said:
Your question is about how to add your case to the Timeline Spreadsheet. Here’s what you need to do:

1. Click the Green View Only dropdown at the top of the spreadsheet
2. Follow the instructions beneath it
Click to expand...
I don't have access to make changes, only viewing
 
annzar said:
For 1 and 2 - Independently.

I never saw the option "common-law partners" in the USCIS forms.
However, when my husband first filled out the I-821 and I-765 forms (in 2022), he provided in the section "Additional Information" that he has been in a civil marriage since 2001 and included my passport information there.
We indicated "Single" as our marital status in all applications that were submitted before we received our marriage certificate.
Only the forms we submitted this spring I-131 Ukrainian Re-Parole contains information that we are married.

We were told that civil marriages are not recognized in US, so if you are not officially married, you must indicate that you are single.
Thank you
Click to expand...
I think by declaring you’re in a civil marriage back in 2022, you guys got caught in a catch 22 which subsequently impacted the I-485 application as a DV derivative. While USCIS in general does not recognize civil union as a valid marriage, they have a clause which says “if the (civil union) relationship is treated as a marriage, however, such as a “common law marriage,” it will be recognized”. So my guess is with the declaration on the I-821 and I-765 forms back in 2022 that you were in a civil union since 2001, USCIS is of the view that you had a legal marriage and your spouse should have be listed on your entry form accordingly.

Now, I’m not saying this interpretation is right or wrong, because the truth is if they really want to go by that interpretation, your case shouldn’t have been approved in the first place, but it got approved anyways. If I was in your shoes, I wouldn’t be fighting for my spouse to get their GC as a DV derivative. I would simply count my blessings and resort to sponsoring them as a family member, a process which will no doubt cost more money and time, but guaranteed to succeed. Having said that, if you still wish to try out for approval as a DV derivative, then I’ll suggest you consult with a DV knowledgeable immigration lawyer for further guidance, as I do not think this is a DIY project at this point.

www.uscis.gov

Chapter 2 - Marriage and Marital Union for Naturalization

A. Validity of Marriage 1. Validity of Marriages in the United States or Abroad Validity of Marriage&nbsp
www.uscis.gov
 
Sm1smom said:
I think by declaring you’re in a civil marriage back in 2022, you guys got caught in a catch 22 which subsequently impacted the I-485 application as a DV derivative. While USCIS in general does not recognize civil union as a valid marriage, they have a clause which says “if the (civil union) relationship is treated as a marriage, however, such as a “common law marriage,” it will be recognized”. So my guess is with the declaration on the I-821 and I-765 forms back in 2022 that you were in a civil union since 2001, USCIS is of the view that you had a legal marriage and your spouse should have be listed on your entry form accordingly.

Now, I’m not saying this interpretation is right or wrong, because the truth is if they really want to go by that interpretation, your case shouldn’t have been approved in the first place, but it got approved anyways. If I was in your shoes, I wouldn’t be fighting for my spouse to get their GC as a DV derivative. I would simply count my blessings and resort to sponsoring them as a family member, a process which will no doubt cost more money and time, but guaranteed to succeed. Having said that, if you still wish to try out for approval as a DV derivative, then I’ll suggest you consult with a DV knowledgeable immigration lawyer for further guidance, as I do not think this is a DIY project at this point.
Click to expand...
Thank you so much for your quick responses!
Maybe you know DV knowledgeable immigration lawyer who will be able to give us consultation?
Thank you again!
 
Sm1smom said:
I’m sorry I do not make lawyer recommendations.
Click to expand...
I have one more last question.

Given a situation similar to ours, what documents should I have submitted with my husband's case besides Form I-485 and the marriage certificate? Should I have completed any additional forms for his case?

In other words, if a lottery winner marries after winning and while in the U.S., and is undergoing the AOS process, including the newly married spouse in their case, is it necessary to provide additional documents, notify USCIS before submitting the case, and take any other steps?

Could it theoretically be possible that the denial was due to the case officer misunderstanding that he became a spouse after receiving the lottery result and that he is eligible to go through the AOS process as a derivative?
Thank you
 
annzar said:
I have one more last question.

Given a situation similar to ours, what documents should I have submitted with my husband's case besides Form I-485 and the marriage certificate? Should I have completed any additional forms for his case?

In other words, if a lottery winner marries after winning and while in the U.S., and is undergoing the AOS process, including the newly married spouse in their case, is it necessary to provide additional documents, notify USCIS before submitting the case, and take any other steps?

Could it theoretically be possible that the denial was due to the case officer misunderstanding that he became a spouse after receiving the lottery result and that he is eligible to go through the AOS process as a derivative?
Thank you
Click to expand...
For a typical case where a selectee gets married after the initial entry submission or subsequent selection, all they’ve needed to include was just the marriage certificate. No additional explanation required. Except in a few cases where they may be suspecting the marriage was a GC based one, in which case they would have been given the opportunity to demonstrate otherwise.

I do not believe the IO misunderstood his eligibility to process as a DV derivative on the basis of being married after your selection. I’m more inclined into thinking he was denied due to failure to be listed on your entry form as a spouse, since the denial letter says “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” They believe you were already married before the entry submission.
 
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