Law Offices of Rajiv S. Khanna, P.C.
DV 2025 AOS (Adjustment of Status) Process Only
- Thread starter Sm1smom
- Start date
aleonardonl
New Member
Congratulations!
npdv15
Member
Congratulations!
Hello AOS Family .
Today was my 2nd interview, and up until the point when my IO called me into his office, everything was the same as I described for my previous interview, which got rescheduled on the spot.
1, The IO asked me detailed questions from the form.
2, He added some yes/no questions from the form.
3,In the end, he made me sign and said he would review everything further and contact me if needed.
4, I told him it was a DV case, and I have an FTJ process for my family. He said, "I know, I know you have a deadline, but I will work on it case by case." So now, I am back to the waiting game again.
peterept
New Member
My case number was current in October, and we (wife, daughter and I) had our Interview in January in San Jose. We had lawyers prepare our paperwork, but we represented ourselves.
But the field agent said background checks were pending on me and my daughter (she turned 14 in December and apparently thats the age you need them). We haven't heard anything since January. Is this usual?
Note: We are Australian, and have lived in the US for 10+ years (4 years in 2006 and 6 years since 2019). Been trying to get a GC for 5 years through employer, and felt pretty lucky to get the DV.
I was kinda expecting it would be quicker...
But the field agent said background checks were pending on me and my daughter (she turned 14 in December and apparently thats the age you need them). We haven't heard anything since January. Is this usual?
Note: We are Australian, and have lived in the US for 10+ years (4 years in 2006 and 6 years since 2019). Been trying to get a GC for 5 years through employer, and felt pretty lucky to get the DV.
I was kinda expecting it would be quicker...
peterept
New Member
I forgot to mention our status still shows "Interview Was Scheduled" as it did from December. :-(
We are family of 3 and current in October. Our interview completed on February 03, 2025 and informed by officer during the interview that my husband (main applicant) is pending for background check and me, my son is completed.
Thus, we are still waiting for updates too. Hope we could receive the good news in sooner and your family too.
Stoic Turk
New Member
I was wondering at what point of the AOS process the background check is triggered. Is it the I-485 Lockbox delivery? Bio appointment? Could filing DS-260 trigger the background check earlier?
Well, AFAIK the whole point of the biometrics appointment is to initiate the background check process.
Sm1smom
Super Moderator
Not quite unusual per se, with the exception of your 14 year old also being stuck in pending background check clearance.
1. When did you complete the bio appointment - was it before or after your kid turned 14?
2. What was the listed code on your daughter’s bio notice?
Sm1smom
Super Moderator
Background check kicks off following bio appointment completion.
Hi. I watched Brit Simon's recent YT video on completing the new form I-134 related to DV cases. The video confused me in two places.
1. Part 3 (page 5), Item 12 asks about beneficiary's length of stay. Brit says enter some near future date (I suppose he's referring to DV CP cases). For AOS cases, should this date be when the beneficiary last entered the U.S. (i.e., a past date)?
2. The video says for most DV cases, tick the 2nd box in Part 1. This is correct, and which means to skip Part 4. But the video goes on to say to complete Part 4 (20:25 mark). Am I right that for AOS cases, Part 4 is to be skipped if the 2nd box in Part 1 is ticked?
1. Part 3 (page 5), Item 12 asks about beneficiary's length of stay. Brit says enter some near future date (I suppose he's referring to DV CP cases). For AOS cases, should this date be when the beneficiary last entered the U.S. (i.e., a past date)?
2. The video says for most DV cases, tick the 2nd box in Part 1. This is correct, and which means to skip Part 4. But the video goes on to say to complete Part 4 (20:25 mark). Am I right that for AOS cases, Part 4 is to be skipped if the 2nd box in Part 1 is ticked?
Sm1smom
Super Moderator
1. Enter the first day of the month in which your CN is current based on the VB since that is the earliest date your application becomes eligible for adjudication.
2. Correct. Skip Part 4.
p.s. I haven’t watched Simon’s video, so I can’t speak to what is in there.
peterept
New Member
Hi Sm1smom,
1. She was still 13 for the biometrics appointment (11/18/2024)
2. It says Code 3 (my wife, daughter and I were all code 3)
Sm1smom
Super Moderator
Okay, it is a good thing she was pre-emptively assigned a code 3 bio check since she was less than a month to her 14th birthday I guess. I was concerned she got assigned with a code 2, following which she turned 14 immediately after. I wanted to rule that out as the factor for her pending background check clearance as it is unusual for a minor to be stuck in background check clearance.
So I'm guessing it may be due to a common name, or her having a name combination for someone already under the US government watch and they're conducting additional checks to confirm she's not the same as whoever that other person may be.
Hi mom. AOS looks increasingly unlikely. I feel like I'm stuck in the worst possible stage of it. If in my case I need to directly reach out to a consulate, does it really matter which one? I feel like if I reach one that is geographically closest to where I live now (in Florida), couldn't I explain my choice this way? There is no option to go and process in my home country, there's travel ban.
Sm1smom
Super Moderator
You can give it a shot by reaching out to the embassy you wish to use and see what their response is. I don't know if any consulate can assist with your query.
SusieQQQ
Well-Known Member
There are a few in the Caribbean, you could try and see if they accept immigrant visa appointments from non residents and if so if they would be open to liaising with you to set up an appointment if you change your application to CP. Same question as before, do you need a visa to get to these countries and what happens if something goes wrong with the approval?
assume you know that you should probably expect to spend around 2 weeks for doing CP, doing medical first (some consulates have a certain time frame like at least 1-2 weeks before appointment so check that) and at least a few days after appointment to get passport back.
you can browse this list to of posts that issue immigrant visas to see what the specific instructions for each are
List of U.S. Embassies and Consulates that Process Immigrant Visas
travel.state.gov
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Thank you! I've emailed Montreal just as a trial for now, will start reaching out to others on Monday.There are a few in the Caribbean, you could try and see if they accept immigrant visa appointments from non residents and if so if they would be open to liaising with you to set up an appointment if you change your application to CP. Same question as before, do you need a visa to get to these countries and what happens if something goes wrong with the approval?
assume you know that you should probably expect to spend around 2 weeks for doing CP, doing medical first (some consulates have a certain time frame like at least 1-2 weeks before appointment so check that) and at least a few days after appointment to get passport back.
you can browse this list to of posts that issue immigrant visas to see what the specific instructions for each are
List of U.S. Embassies and Consulates that Process Immigrant Visas
Another thought I had is that the main reason our application is on hold is solely because our category of arrival. If I could re-enter with a different category that could cure it. The question is whether my AOS immediately becomes abandoned if I depart without AP (which supposedly would also be on hold)?
Also, is Mandamus worth looking at, given statutory deadline?