DV 2025 AOS (Adjustment of Status) Process Only

[Sm1smom]

Hi folks, my number got current in August (EU21XXX) and I submitted my AOS on June 18, completed my biometrics on July 3rd, and today (July 18) received an interview letter from Oakland Park, FL field office for September 4. I was very surprised to have my Interview date that late given biometrics was completed way in advance (July 3rd).

I know in the past some (such as FY2023) early-September interviews were jeopardized due to the visa exhaustion. Does this year pose a similar visa exhaustion risk for a September 4 interview? Has anyone tried rescheduling interview to an earlier date citing visa exhaustion concerns?

P.S: will add my case details once I get access to spreadhseet

There’s no visa exhaustion concern for this FY.

 

[MrBobert]

What would be the point of sending in the AOS package without including the applicable filing fee? You don't gain anything if you send in AOS package without the filing fee. That is a guaranteed package rejection.

Apologies for the confusion, I was only referencing the receipt of payment of the $330 fee ($660 for both of us). I would certainly send with the filling fee. In that case would it be possible in the scenario of a rejection to simply send another package immediately without waiting for the rejected one to come back?

Thank you for your time.

 

[Sm1smom]

Apologies for the confusion, I was only referencing the receipt of payment of the $330 fee ($660 for both of us). I would certainly send with the filling fee. In that case would it be possible in the scenario of a rejection to simply send another package immediately without waiting for the rejected one to come back?

Thank you for your time.

You will not know if the package has been rejected or not, without getting back the rejected package. You can immediately refile (once you address the reason for the rejection) after receiving the rejected package.

 

[MrBobert]

You will not know if the package has been rejected or not, without getting back the rejected package. You can immediately refile (once you address the reason for the rejection) after receiving the rejected package.

Got it. On the filing fee, we can use a check, money order or CC. I would imagine the best one to use is a money order because it's basically guaranteed to cash not like a check which could bounce or a CC which could be rejected. But isn't the maximum amount for a money order $1,000 which isn't enough to cover the fee?

 

[Sm1smom]

Got it. On the filing fee, we can use a check, money order or CC. I would imagine the best one to use is a money order because it's basically guaranteed to cash not like a check which could bounce or a CC which could be rejected. But isn't the maximum amount for a money order $1,000 which isn't enough to cover the fee?

Yes maximum amount for a single money order is $1,000. You put the balance on a second one. There’s no restriction as to the number of money orders an applicant can include in their package.

 

[LeoV75]

I submitted my case nearly five months ago in February and completed biometrics shortly after, but have received no updates since.
When I called USCIS, I was told the expected processing will not be done by September and they have never heard of this and I was told this by a few agents. I explained the deadline and one agent suggested submitting an expedite request in May, which I did but it has not been acted on until now.
I then contacted my congressperson in June to bring the deadline to their attention. They were told my case was in queue for processing. A follow-up last month received the same exact response.
For context, I’m in valid F-1 status, and my number became current in April.
Could you advise on any next steps I can take?

I just got the notice in my mail. The FO denied my case for early filling. I filed when my cut-off number was available. On June, Visa bulletin became available for my number (August) and I filed on June 18th. I did everything as I am supposed to. FO says that I may not appeal. However, if I believe that the denial of my form I-485 is in error, I may file a motion to reopen or a motion to reconsider, by filing form I-290. Should I hire an attorney and stay on the AOS process OR give up and go through the consular process in my country? End of September is the deadline and I don't have too much time. I thank you for your precious advices.

 

[SusieQQQ]

I just got the notice in my mail. The FO denied my case for early filling. I filed when my cut-off number was available. On June, Visa bulletin became available for my number (August) and I filed on June 18th. I did everything as I am supposed to. FO says that I may not appeal. However, if I believe that the denial of my form I-485 is in error, I may file a motion to reopen or a motion to reconsider, by filing form I-290. Should I hire an attorney and stay on the AOS process OR give up and go through the consular process in my country? End of September is the deadline and I don't have too much time. I thank you for your precious advices.

I’m going to trust mom’s great memory and/or superior search abilities for specifics, but we have had a couple cases here in the past where these decisions were reversed after taking it up with the FO.

 

[Sm1smom]

I just got the notice in my mail. The FO denied my case for early filling. I filed when my cut-off number was available. On June, Visa bulletin became available for my number (August) and I filed on June 18th. I did everything as I am supposed to. FO says that I may not appeal. However, if I believe that the denial of my form I-485 is in error, I may file a motion to reopen or a motion to reconsider, by filing form I-290. Should I hire an attorney and stay on the AOS process OR give up and go through the consular process in my country? End of September is the deadline and I don't have too much time. I thank you for your precious advices.

Sorry to learn of the denial due to early filing. Which FO is this?

As to the next course of action:
1. You can immediately file a new application (this is my personal preference as it immediately gets you back in the race). You’ll of course need a new medical report.
2. You can reach out to your congressman’s office for assistance - explain your application was wrongly denied, provide proof USCIS actually encourages early filing, and request their assistance with following up with your FO accordingly.
3. You could try reach out directly to your FO, (maybe try a walk-in?) and try to plead your case directly for reconsideration.

You may do both 1 & 2 simultaneously, as there’s no guarantee as to what the outcome of option 2 could be.

I don’t see a need to hire a lawyer. I wouldn’t bother with a motion to reopen or motion to reconsider as the processing time typically takes longer than that of a DV based AOS application. The CP option is no longer on the table IMO, KCC already transferred your case file over to USCIS, they will subsequently not schedule a consular interview for you.

 

[ashleybell]

1. If the lockbox rejects a case, could that have any consequences for future immigration applications?
2. If the lockbox accepts the case but USCIS later denies it, could that affect future immigration matters?
3. If the lockbox rejects the case, they should not process (cash) the filing fee, correct? The fee is only processed if the lockbox accepts the filing and forwards it to USCIS, correct?
4. If an I-485 application was accepted by USCIS but later denied or rejected, should I answer “Yes” to the question on a future I-485 form that asks, ‘Have you ever previously applied for permanent residence while in the United States?'

 

[Sm1smom]

1. If the lockbox rejects a case, could that have any consequences for future immigration applications?
2. If the lockbox accepts the case but USCIS later denies it, could that affect future immigration matters?
3. If the lockbox rejects the case, they should not process (cash) the filing fee, correct? The fee is only processed if the lockbox accepts the filing and forwards it to USCIS, correct?
4. If an I-485 application was accepted by USCIS but later denied or rejected, should I answer “Yes” to the question on a future I-485 form that asks, ‘Have you ever previously applied for permanent residence while in the United States?'

1. No.
2. Depends on why the AOS application case denied.
3. Yes. The lockbox is part of USCIS.
4. Yes, if an AOS application was previously denied. An accepted application does not subsequently get rejected, the case is either approved or denied after the acceptance.

 

[ashleybell]

1. No.
2. Depends on why the AOS application case denied.
3. Yes. The lockbox is part of USCIS.
4. Yes, if an AOS application was previously denied. An accepted application does not subsequently get rejected, the case is either approved or denied after the acceptance.

4. If the lockbox rejects a case due to early filing or # never current, should I answer “Yes” to the question on a future I-485 form that asks, ‘Have you ever previously applied for permanent residence while in the United States?'

 

[Sm1smom]

4. If the lockbox rejects a case due to early filing or # never current, should I answer “Yes” to the question on a future I-485 form that asks, ‘Have you ever previously applied for permanent residence while in the United States?'

I honestly don’t like spending so much time answering hypothetical questions. Are you currently in a situation where your AOS application has been rejected or denied?

 

[LeoV75]

Sorry to learn of the denial due to early filing. Which FO is this?

As to the next course of action:
1. You can immediately file a new application (this is my personal preference as it immediately gets you back in the race). You’ll of course need a new medical report.
2. You can reach out to your congressman’s office for assistance - explain your application was wrongly denied, provide proof USCIS actually encourages early filing, and request their assistance with following up with your FO accordingly.
3. You could try reach out directly to your FO, (maybe try a walk-in?) and try to plead your case directly for reconsideration.

You may do both 1 & 2 simultaneously, as there’s no guarantee as to what the outcome of option 2 could be.

I don’t see a need to hire a lawyer. I wouldn’t bother with a motion to reopen or motion to reconsider as the processing time typically takes longer than that of a DV based AOS application. The CP option is no longer on the table IMO, KCC already transferred your case file over to USCIS, they will subsequently not schedule a consular interview for you.

Happy Sunday ! Thanks so much for your reply and precious advices. The FO is Miami. I am so sad. I feel I don't have much time now. I am really concerned as September 30th is the deadline. Can I use the same employment letter or do I have to request a new one to my work? I don't think I have to pay the DV fees of $330 but for sure I have to send a new cheque for AOS fees of $1,440?

 

[LASORAZSH]

Hi @Sm1smom
Package was accepted on 07/02
Biometrics has still not been scheduled (as of Friday)
Based on the timeline spreadsheet it seems most bios were scheduled right away
Is this something to be worried about considering time is not on our side?

 

[Sm1smom]

Happy Sunday ! Thanks so much for your reply and precious advices. The FO is Miami. I am so sad. I feel I don't have much time now. I am really concerned as September 30th is the deadline. Can I use the same employment letter or do I have to request a new one to my work? I don't think I have to pay the DV fees of $330 but for sure I have to send a new cheque for AOS fees of $1,440?

I wouldn’t have recommended filing again if I didn’t think you have enough time for the new application to get adjudicated before the end of the FY, if you act quickly of course. Considering you filed on June 18th, and your FO already sent you a denial notice as of July 16th, that shows your FO prioritizes DV based AOS applications.

Yes you will use the same AOS administrative fee payment receipt, but you’ll need to include a new AOS filing fee with your AOS package. And yes, you can use the same employment letter.

 

[Sm1smom]

Hi @Sm1smom
Package was accepted on 07/02
Biometrics has still not been scheduled (as of Friday)
Based on the timeline spreadsheet it seems most bios were scheduled right away
Is this something to be worried about considering time is not on our side?

How do you know your package was accepted on 7/2? Have you received an acceptance text/email, or the NOA itself?

 

[LASORAZSH]

How do you know your package was accepted on 7/2? Have you received an acceptance text/email, or the NOA itself?

Acceptance text received on 7/9
NOA letter received 07/15
As of Friday the call center said the bios were not scheduled yet

 

[LeoV75]

I wouldn’t have recommended filing again if I didn’t think you have enough time for the new application to get adjudicated before the end of the FY, if you act quickly of course. Considering you filed on June 18th, and your FO already sent you a denial notice as of July 16th, that shows your FO prioritizes DV based AOS applications.

Yes you will use the same AOS administrative fee payment receipt, but you’ll need to include a new AOS filing fee with your AOS package. And yes, you can use the same employment letter.

Thanks so much ! I really appreciate your time and support. I was so lost in this process and I will tell you that finding your page helped me tremendously to prepare my application and navigate through the entire process a few months ago. Thanks again !

 

[LeoV75]

Thanks so much ! I really appreciate your time and support. I was so lost in this process and I will tell you that finding your page helped me tremendously to prepare my application and navigate through the entire process a few months ago. Thanks again

I wouldn’t have recommended filing again if I didn’t think you have enough time for the new application to get adjudicated before the end of the FY, if you act quickly of course. Considering you filed on June 18th, and your FO already sent you a denial notice as of July 16th, that shows your FO prioritizes DV based AOS applications.

Yes you will use the same AOS administrative fee payment receipt, but you’ll need to include a new AOS filing fee with your AOS package. And yes, you can use the same employment letter.

Last question : On the initial package I didn't feel the Affidavit of Support under Section 213A. Should I do it and add it to my new application? My partner is OK to be my sponsor.

 

[Sm1smom]

Acceptance text received on 7/9
NOA letter received 07/15
As of Friday the call center said the bios were not scheduled yet

Okay, that’s good. For now, I don’t see a reason to be stressing over the bio appointment not yet being scheduled. Keep checking with the call center like you’re already doing.