WARNING ABOUT USCIS AND DEPT OF STATE

[hawaii50 0]

I'll try and make this short in the hope that others don't have their money stolen.

1) My spouse was selected in DV-2012.

2) Her number became current in June 2012, so we mailed in the DS-xxx form to Dept of State.

3) Finally on August 31, DoS emailed her a scan of a letter from DoS advising her to submit the DV fee to DoS and to submit I-485 to "local USCIS office".

4) End of Fiscal Year for USCIS is Sept 30. From experience, I know that processing an I-485 within 1 month = impossible.

5) I called USCIS twice and asked two different people if the I-485 needed to be submitted before Sept 30, or completely approved by Sept 30. Both people clearly stated that it only had to be submitted by that date, and NOT approved.

6) We mailed the $330 fee to DoS.

7) I had a hard time finding where to mail the I-485 as USCIS website gives an address that is about 3000 miles away. Not what I would call Local.

8) I call USCIS, talk to a Level 2 Immigration Officer who tells me that the I-485 needs to be approved before Sept 30, 2012.

9) I contact DoS who tell me basically that it's tough s**t and that I won't be getting my money back.

CIS cust service folks don't know what they're talking about. DoS give out false information about the process and will keep your money regardless. What a complete waste of time and money!!!

[JohnR! 5,495]

I am not sure what you mean.

if your wife wants to drop the process she should not have sent in the form or made payment for the fee. Once the payment has been processed you can't get a refund. As a US citizen you can apply for her CR/IR which precludes the need to wait for a number or visa availability.

If she wishes to continue with the DV process, she is in good shape. If the I-485 must be approved by 9/30 then it has to be submitted before that date. If she mailed it already, she has made the deadline by a month.

Again, apologies if I missed your question or point.

Edited September 6, 2012 by Gegel

[maggiep 8]

I'll try and make this short in the hope that others don't have their money stolen.

1) My spouse was selected in DV-2012.

2) Her number became current in June 2012, so we mailed in the DS-xxx form to Dept of State.

3) Finally on August 31, DoS emailed her a scan of a letter from DoS advising her to submit the DV fee to DoS and to submit I-485 to "local USCIS office".

4) End of Fiscal Year for USCIS is Sept 30. From experience, I know that processing an I-485 within 1 month = impossible.

5) I called USCIS twice and asked two different people if the I-485 needed to be submitted before Sept 30, or completely approved by Sept 30. Both people clearly stated that it only had to be submitted by that date, and NOT approved.

6) We mailed the $330 fee to DoS.

7) I had a hard time finding where to mail the I-485 as USCIS website gives an address that is about 3000 miles away. Not what I would call Local.

8) I call USCIS, talk to a Level 2 Immigration Officer who tells me that the I-485 needs to be approved before Sept 30, 2012.

9) I contact DoS who tell me basically that it's tough s**t and that I won't be getting my money back.

CIS cust service folks don't know what they're talking about. DoS give out false information about the process and will keep your money regardless. What a complete waste of time and money!!!

you should have read how the whole process works. I-485 needs to be approved before Sept 30th, otherwise she will not receive a visa. For people with big numbers is never advisable to do AOS since it takes at least 4 months for i-485 to be approved. there is no separate queue for green card winners. Sorry to say that but I don't think it will be approved.

[hawaii50 0]

Doesn't I-485 approval take about 5 months?... Time for paperwork to be mailed around, Biometrics, Interview etc. The IO at USCIS told me that the AOS application needs to be approved by 9/30.

I'm aware that she can do AOS based on my citizenship, but we thought the paperwork would be easier using the DV route.

[hawaii50 0]

you should have read how the whole process works. I-485 needs to be approved before Sept 30th, otherwise she will not receive a visa. For people with big numbers is never advisable to do AOS since it takes at least 4 months for i-485 to be approved. there is no separate queue for green card winners. Sorry to say that but I don't think it will be approved.

Yes, I agree... and I did read about the whole process including reading letters from Dept of State. The instructions are not clear, and this is coming from someone that has navigated though J1, H2B, H1B, H1B Extension, PR, and Naturalization. The problem is when CIS and Dos don't seem to understand each others process. I spoke to DoS again and it sounds like the fee may be refunded, but sounds like it's going to take time to resolve.

[Louise2018 4]

to hawaii50: did u resolve your problem ( did u get your refund ?) is it mandatory to pay $330 ? do we should apply for AOS to Local office or Chicago office ? Thanks ~

[ndu26 114]

I think the last few senmtence in his first post stated he did NOT get a refund and that is why he created this post for others.

[Louise2018 4]

he said "I spoke to DoS again and it sounds like the fee may be refunded, but sounds like it's going to take time to resolve." ~