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DV2008--AOS only

Cover Letter I used

I sent in one envelope 4 applications (for four family members). DV winner was first, then spouse, then children. Each one had his won cover letter, plus a cover letter for the whole package.

This is a copy of the DV winner cover letter:



October 21, 2007

Department of Homeland Security
U.S Citizenship and Immigration Services
USCIS Lockbox
P.O. Box 805887
Chicago, IL 60680-4120

Re: Application to Register Adjustment of Status of Ms/Mr. Abcd EFGH – a winner of DV-2008, case number 2008AS0000XXXX;
Application to Register Adjustment of Status of Ms/Mr. Abcd EFGH and Accompanying Children based on spouse/parent winning DV-2008

Dear Sir or Madam:

In support of the referenced petition and application, I am enclosing the following:

1. Form I-485;
2. Form G-325A;
3. Form I-765;
4. Form I-131 and supplement of Section 7;
5. From I-693 sealed in an envelope;
6. Photocopy of Notification Letter from Kentucky Consular Center;
7. Photocopy of letter form Kentucky Consular Center acknowledging our intention to apply for Adjustment of Status;
8. Photocopy of Receipt of Payment to Department of State;
9. Photocopy of my passport
10. Photocopy of I-94 card (both sides);
11. Photocopy of I-797C (Amended Approval Notice);
12. Photocopy of Birth Certificate;
13. Photocopy of Marriage certificate (with legal translation);
14. Education Documents as evidence of eligibility as a DV winner
a. High School diploma;
b. Bs.C from XX;
15. Copy of Employment Letters;
16. Bank statement;
17. Tax Return Transcripts for years XX;
18. X Photographs in envelope; and
19. Filing Fee of $1010 for I-485 and Biometrics.

Should you require any additional information or documentation, please contact me directly.

Very truly yours,

XX YY
 
Hi bahadur007,

Thanks for the info, I think you are right. We called USCIS and someone told exactly what you said here. But until that time comes, we will go ahead and apply for both ways whichever one come first then we will take it.

My question was did you have to pay $1010 for you and $1010 for your spouse when you filled for I-485 AOS through DV application?

Thanks for your reply?

RMS2003
 
rms2003 said:
Hi bahadur007,

Thanks for the info, I think you are right. We called USCIS and someone told exactly what you said here. But until that time comes, we will go ahead and apply for both ways whichever one come first then we will take it.

My question was did you have to pay $1010 for you and $1010 for your spouse when you filled for I-485 AOS through DV application?

Thanks for your reply?

RMS2003
Click to expand...

We didn't file form I-485, since we went for consular processing (CP). I payed $2265 at the US Embassy for three persons. The charges per person were:

Immigrant Visa Application Processing Fee: $335
Diversity Visa Lottery Surcharge: $375
Immigrant Visa Security Surcharge: $ 45
Total: $755

If you are going the AOS route, you will have to pay $375 per person directly to the Department of State, in addition to the USCIS I-485 filing fees of $1010 PER PERSON.
 
rms2003 said:
Hi bahadur007,

Thanks for the info, I think you are right. We called USCIS and someone told exactly what you said here. But until that time comes, we will go ahead and apply for both ways whichever one come first then we will take it.

My question was did you have to pay $1010 for you and $1010 for your spouse when you filled for I-485 AOS through DV application?

Thanks for your reply?

RMS2003
Click to expand...

The fee to do AOS is $1010 for each person. So if you are doing AOS for two persons, you will have to pay $2020 in total.

You might be knowing that since July 30, 2007, USCIS has increased the fee. And as per the new fee, it is $1010 per person for doing AOS. However if you are also filing I-765 or I-131, you will not have to pay extra as those fee are covered in $1010
 
advwinner08 said:
stressedstudent, my wife and I are living in Seattle, and at the time I called several such places and they all asked for at least $250 per person (no vaccinations). However, we needed to get many vaccinations since we did not have any documents to prove that we indeed had them from our home country. Vaccinations added a lot to the bill. Vaccinations are expensive. Fortunately, we got all money back except a $50 for a deductible.

Yes, I am going to use a personal check too. But I am not sure whether it needs to be two separate checks or a single one. Anybody else to comment on it?
Click to expand...

I used two checks. One for myself and one for my wife. And it was a personal check. And I guess I read somewhere that there should be one check for each applicant. May be on the instruction for filing I-485...
 
The fee is per I-485 form, so if you and your family are all on the same application (which you should be) then just one payment, not per person.
 
rms2003,

We are in the same situation. My employer has filed AOS based on EB, and we are going to file AOS based on my wife's DV visa, which is going to be current on November 1st.

I have done quite a lot research on how to get things in a risk-free way. I have talked to many, including KCC, USCIS, US consulates, attorneys here and my own attorney. It's a very long story but in short we have concluded to file another set of AOS based on DV visa and NOT to withdraw the EB-based pending AOS application.

I first wanted to figure out how to do AOS for DV, and talked to attorneys. Then, I called KCC for this, and the lady on phone told me that I didn't need to file another AOS application, I could get the already pending AOS used for DV. She insisted on this when I asked if she was sure on this. I told this my attorneys, and the attorney who filed EB AOS tried to get it confirmed. Although she said DOS had confirmed that, she could not reach anybody at USCIS to get this confirmed. After having tried many different channels to find out how to do this, she sent a letter to Nebraska Service Center to request the pending AOS be used for DV case about one month ago. However, we have not got any response yet, and we do not have much hope getting it converted into DV case timely.

We had considered Consular Processing, but we didn't want to go through CP process because of the security clearance risk. I went through security clearance 2 years ago while getting my H1 visa stamped, and it took 4 months not being able to return. My previous attorney had insisted that security clearance in immigrant visa cases would be completed before the GC interview and had advised me to go through CP. However, when I called the US consular in my country, the officer on the phone told me boldly NEVER COME if I went through NC in near past because I would not able to return. Contrary to what my attorney told me, she said NC may not be completed until interview, and for people like myself, it would not be complete 99%. No wonder, I am not working with that attorney anymore.

Finally, I have talked to at least five different attorneys, and all of them advised me file a new set of AOS applications based on my wife's DV and NOT to withdraw the pending EB-based ones. One of them told me that even if USCIS would convert the pending one to DV case, he would be concerned that it might not be timely.

I have hired a new attorney who looks like he knows this kind of cases. He is going to file new AOS tomorrow, and he said we would mention about the pending EB based AOS on cover letter. He said USCIS would either ask us to withdraw the other one at some point, or would relate these two cases and send the second application back to us, depending on the officer who process the case!
 
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HELP: in the I-485 is asks if you have been inspected by an immigration official - is this the standard person who stamps your passport as you enter, or is it when they take you away for further interview??
 
orlandovillas said:
The fee is per I-485 form, so if you and your family are all on the same application (which you should be) then just one payment, not per person.
Click to expand...

Not true. While form I-485 does ask who else is applying with you (presumably for cross-referencing purposes), you still need to file a form I-485 for each person in your family, including children. I had a separate employment-based case pending. Our immigration attorneys prepared and filed separate forms I-485 for my wife, child and myself, even though I was the primary applicant. You indicate that you claim derivative status from the primary applicant in part 2 of the form:

I am applying for an adjustment to permanent resident status because:

b) my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.
 
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I-485, Have I made a mistake?

I'm just wondering if we have made an error (after reading some of the above posts)

We submitted just one I-485 form. This had my wife as the petitioner and then me and our kids listed on the form where you include family members. For each of us we ticked 'yes' to the question 'Applying with you?'

I'm now wondering if we should each have filled in an I-485 form with a separate payment for each of us?

I don't think so, but when you start thinking of possible problems you end up questioning everything!
 
orlando - you absolutely need to submit an I485 for each person. I would fill them in and do an infopass ASAP, but don't worry, it is fixable!
 
orlandovillas said:
I'm just wondering if we have made an error (after reading some of the above posts)

We submitted just one I-485 form. This had my wife as the petitioner and then me and our kids listed on the form where you include family members. For each of us we ticked 'yes' to the question 'Applying with you?'

I'm now wondering if we should each have filled in an I-485 form with a separate payment for each of us?

I don't think so, but when you start thinking of possible problems you end up questioning everything!
Click to expand...

See my earlier post. Also, this explains why only your wife received a biometrics appointment. No need to worry though, you still have plenty of time. If I were you, I would complete a form I-485 for yourself ASAP and send it to Chicago. I don't think there's a need for an infopass appointment, since I suspect they will just tell you the same thing.

This is what newsgroups like this are for: to help each other out.:)
 
Many thanks - I have re-read the I-485 and you are right. I'll fill in the I-485 for me and the 4 kids over the weekend. The only problem I have is I sent all our photos and the original medical exam results with my wifes application, so hopefully they can still locate these for us without having to get and send new copies.

bahadur007 said:
See my earlier post. Also, this explains why only your wife received a biometrics appointment. No need to worry though, you still have plenty of time. If I were you, I would complete a form I-485 for yourself ASAP and send it to Chicago. I don't think there's a need for an infopass appointment, since I suspect they will just tell you the same thing.

This is what newsgroups like this are for: to help each other out.:)
Click to expand...
 
stressedstudent said:
HELP: in the I-485 is asks if you have been inspected by an immigration official - is this the standard person who stamps your passport as you enter, or is it when they take you away for further interview??
Click to expand...

Whenever you "apply for admission" at a POE, you are being "inspected". It doesn't matter whether your passport is stamped in primary ("the standard person") or secondary ("when they take you away for further interview"), you are still being inspected. I guess the purpose of the question is to determine if you entered the US legally or not.
 
stressedstudent said:
can anyone help on writing DV number on each page of the forms? for spouse is it just the winner's number?
Click to expand...

I don't think there's any harm done if you were to write the DV case number on each page for both primary and derivative applicants. USCIS will determine who the primary applicant is depending on what box is checked in part 2 of the form.
 
orlandovillas said:
Many thanks - I have re-read the I-485 and you are right. I'll fill in the I-485 for me and the 4 kids over the weekend. The only problem I have is I sent all our photos and the original medical exam results with my wifes application, so hopefully they can still locate these for us without having to get and send new copies.
Click to expand...

You should send copies of any correspondence you have received from USCIS regarding your wife's I-485 along with your and your children's I-485. This will help them in cross-referencing all the forms.
 
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