Hi everyone,
I wanted to share our story, even though it didn’t have the happiest ending for us.
My husband won the DV Lottery in 2023. At that time, both of us were already in the U.S. on valid F-1 visas, but we weren’t married yet. We had been planning our wedding, and we got married on December 23, 2024.
Because our situation was a bit complicated (getting married after winning, living in different states, New York and Florida, due to college), we decided to hire a lawyer in Orlando. We spoke with several attorneys, but didn’t feel confident with any of them. We eventually chose one who claimed to have handled “dozens of DV cases.” Still, I was uneasy from the start and began doing my own research. That’s when I found this forum and @Britsimon’s YouTube channel, which helped me understand the process so much better.
We repeatedly asked our lawyer whether we should submit the DS-260, and every time he said no. Even though my instincts told me otherwise, especially after reading information here, we followed his advice.
When my husband’s case number (2025AS10XXX) became current in August, here’s what happened:
Aug 8: I-485 packages sent for both of us
Aug 13: Acceptance texts received (sent to my husband)
Aug 18: Notices of Action received by mail
Aug 21: Biometrics scheduled for 09/03 (me in Buffalo, my husband in Orlando)
Aug 25: We both completed biometrics after rescheduling
Sep 9: My husband’s case changed to “Card Was Produced” — mine changed to “Case Was Denied.” (without interview)
When I received the denial notice, it stated:
“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. Therefore, you are not qualified to adjust status as a DV derivative immigrant.”
This was clearly an error, as per USCIS Policy Manual, Volume 7, Chapter 2, Paragraph F (Treatment of Family Members).
We filed a motion to reopen (I-290B) on September 16, and I received the Notice of Action and online access code around September 25. At the same time, we also filed a congressional inquiry through the Orlando office (since my denial came from the Orlando FO), and a DHS Ombudsman inquiry as well. Also, we tried walking to the Orlando FO and didn't succeed.
The congressional office assigned me a caseworker who was incredibly responsive, honestly, much more helpful than our lawyer. She tried her best to get an update before September 30, but unfortunately, it didn’t happen in time.
On October 1, we received the congressional response:
“We spoke with an officer at the USCIS Orlando Field Office. From what they can see, your case information was not updated with the U.S. Department of State (DOS). To be included in the Diversity Immigrant Visa, the principal applicant would have had to update the DOS system directly. This seems to be where the issue originated. Unfortunately, USCIS cannot reverse the case at this point.”
From my understanding, this reasoning still doesn’t align with the law regarding AOS(I might be wrong). But it seems USCIS didn’t want to admit their mistake, and by the time they responded, the fiscal year had ended (we think they did it deliberately).
As far as I can tell, there is no clear legal requirement that a DS-260 must be submitted for AOS cases, at least not stated explicitly anywhere.
This outcome was heartbreaking for us. It took time to process the disappointment and stress. Still, we are grateful that my husband received his Green Card, and that’s largely thanks to this forum and the generous people here who share their knowledge for free. I’m especially thankful to
@Sm1smom,
@Britsimon, and everyone else who contributes.
I wanted to write this post so others won’t have to go through the same pain we did. Both our records are perfectly clean; we’ve never even had a parking ticket, yet a few small but critical mistakes changed everything.
Key Takeaways:
1.
Research your lawyer thoroughly. If you are planning to hire a lawyer, do your research not just 1, 2 but 10 times and see whether they actually have the capability that they claim.
2.
Trust your instincts. Even if a lawyer is handling your case, learn the process yourself. If I had followed my gut and submitted the DS-260, things might have been different.
3.
Be proactive. Our law firm refused to fight back even when the denial was clearly erroneous. I had to push for the motion, contact USCIS, Emma, and the congressional office on my own.
Despite everything, we haven’t lost hope. My husband now has his Green Card, and we can apply for mine through the F2A category.
If anyone knows of a good forum or resource for F2A visa or I-130 filing, I would really appreciate your suggestions.
Thank you again, and congratulations to everyone who successfully received their Green Cards!