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DV 2015 AOS Only

FeeBee said:
Thank you for the quick response. My case number is SA000003**. I have a very low number and am actually doing my biometrics tomorrow, so I'm well in the process. I am currently on the A2 visa. The DS260 was submitted in September, kind of late due to the 30-60-90 day rule because I left the USA. And my fiance and I are actually getting married this week¡¡¡

To be honest, we aren't really afraid of proving our relation and marriage as bona fide. We have been together more than 7 years and have pictures to prove, have been living together for the past 3 years (up until he left for work abroad three months ago), apartment lease together, joint bank account, pictures with each other family, etc.

We have put off getting married for a while, however, spending this time apart has made us realize that we really do want to get married sooner than later, buy a home, start a family, etc. For this reason I would like to get married before the interview as opposed to later, to avoid the 3 year wait.
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So you submitted for DS260 and I-485 all without mentioning your fiancee. You probably should have married first. You need Mom's input on what to do....
 
Yes, I wish that were the case, but it isn't. At the time we did not want our primary reason for rushing to get married to be solely for the green card. We're not that kind of couple. That's why we did not marry since May when the results were released. But as I said before, time apart has made us realize that we are ready for the next step. A lawyer advised us that it should be relatively doable granted we have all our evidence of a true marriage in tact but I want a second opinion from the moderator.
 
FeeBee said:
Yes, I wish that were the case, but it isn't. At the time we did not want our primary reason for rushing to get married to be solely for the green card. We're not that kind of couple. That's why we did not marry since May when the results were released. But as I said before, time apart has made us realize that we are ready for the next step. A lawyer advised us that it should be relatively doable granted we have all our evidence of a true marriage in tact but I want a second opinion from the moderator.
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Well Sm1smom already advised you not to submit your I485 before you married, and your lawyer has already demonstrated a lack on DV knowledge - but hang on and see what Mom says now.
 
FeeBee said:
Yes, I wish that were the case, but it isn't. At the time we did not want our primary reason for rushing to get married to be solely for the green card. We're not that kind of couple. That's why we did not marry since May when the results were released. But as I said before, time apart has made us realize that we are ready for the next step. A lawyer advised us that it should be relatively doable granted we have all our evidence of a true marriage in tact but I want a second opinion from the moderator.
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Well, what more can I say? Admittedly those of us answering questions here are not lawyers and you've opted to go by the recommendation of your lawyer even when we pointedly told you your lawyer does not appear to have a good understanding of the DV process, so our opinion here is pointless as far as I'm concerned.

Sm1smom said:
Like Susie and Simon have said, ditch your lawyer like a hot potato. Also start by going over the DV2015 AOS thread and the AOS spreadsheet for a good understanding of the AOS proces, and post subsequent questions on that thread. Right now though, I don't think the late submission of your DS form has impacted your case negatively. As a matter of fact if I was your lawyer I would have suggested you got married first before even submitting the DS form since you're processing follow-to-join to ensure KCC is aware of your new status and forward your case file to the applicable embassy following your own interview with USCIS. Don't engage USCIS or submit your I-485 packag until you've taken care of the marriage aspect.
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I clearly recommended (on another thread) against submitting your I-485 package before getting married if you wanted your spouse to benefit from your selection as a derivative and you've done precisely what I suggested you shouldn't do based on your lawyer's advise about it being "relatively doable". So I really think your lawyer may be in a better position to further guide you, I don't know as much as lawyers do anyways.
 
Sm1smom said:
Well, what more can I say? Admittedly those of us answering questions here are not lawyers and you've opted to go by the recommendation of your lawyer even when we pointedly told you your lawyer does not appear to have a good understanding of the DV process, so our opinion here is pointless as far as I'm concerned.



I clearly recommended (on another thread) against submitting your I-485 package before getting married if you wanted your spouse to benefit from your selection as a derivative and you've done precisely what I suggested you shouldn't do based on your lawyer's advise about it being "relatively doable". So I really think your lawyer may be in a better position to further guide you, I don't know as much as lawyers do anyways.
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Yup.
 
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Hi mom, how are you doing?!
So thankfull to you for all your advices, and all your tips...
And im happy to see that you are a full time moderator, you are fantastic.
Simon. Always nice to hear your voice, your accent is so easier than the yankees, you are a cool dude, thank you guys a lot
Vladek
 
vladek15425 said:
Hi mom, how are you doing?!
So thankfull to you for all your advices, and all your tips...
And im happy to see that you are a full time moderator, you are fantastic.
Simon. Always nice to hear your voice, your accent is so easier than the yankees, you are a cool dude, thank you guys a lot
Vladek
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Hey vladdy, good to see you still popping in and out of the forum. Happy to read about you and your wife gradually settling into life in the US.

Cheers!
 
SusieQQQ said:
Yes, I see your point, you oniy have another ten months and a bit to go. Lucky your number is not oniy going current in August 2015, huh, or indeed anything other than having gone current in the first month of the fiscal year. I guess everyone else is doomed.
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Hey, sorry if I was confusing, I didn't mean to argue.
However, there is another factor for me that makes me more time-sensitive. Thanks to the economy getting better more of my co-workers are being offered positions paying better salaries so people (not people on visa) have been leaving. It is a small firm and now I'm thinking if enough people left it might go under... Since I am on H1B, I might lose my status and so cannot adjust status anymore and would lose the DV. I really hope this won't happen. But if worst comes to worst, if my firm does go under, can I still switch to a new employer who is willing to take over my H1B and remain in status? As far as I know the new firm wouldn't need to sponsor me all over again, just take over my visa, is that right? Would that solve my problem?
Also, I have seen that some of the AoS people (some one H1B) had received an EAD, but not everyone. What is that used for and what is it based on if you get one or not? Thanks, I appreciate it!
 
Hi Sm1smom,

I actually really appreciate your experience and advise very much. So much that I actually fired my lawyer the day after reading your initial response to my first post and got a great deal of my money back from her. And it was the best decision I made during this process. The only advise I wasn't able to take was to marry before submitting the I485 because I didn't want to leave the country in October to marry my boyfriend abroad because I would have to wait for the 30-60-90 day rule again before applying and my case was current in October. And on the other hand the soonest my fiancé was able to take vacation from work and come to the US was last week. Because of all the back up USCIS reported to be experiencing and the late submission of my DS260, I submitted the I485 in October. From what I understood from different online sources and my lawyer (not sure how credible these sources are) the main point is to marry before the interview and contact KCC with a copy of the marriage certificate etc. and take the original to the interview. I just wanted to know if you have ever heard of or experienced anyone sharing their story of marrying before the interview.
 
Sanyesz84 said:
Hey, sorry if I was confusing, I didn't mean to argue.
However, there is another factor for me that makes me more time-sensitive. Thanks to the economy getting better more of my co-workers are being offered positions paying better salaries so people (not people on visa) have been leaving. It is a small firm and now I'm thinking if enough people left it might go under... Since I am on H1B, I might lose my status and so cannot adjust status anymore and would lose the DV. I really hope this won't happen. But if worst comes to worst, if my firm does go under, can I still switch to a new employer who is willing to take over my H1B and remain in status? As far as I know the new firm wouldn't need to sponsor me all over again, just take over my visa, is that right? Would that solve my problem?
Also, I have seen that some of the AoS people (some one H1B) had received an EAD, but not everyone. What is that used for and what is it based on if you get one or not? Thanks, I appreciate it!
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Hi, like you I live in LA county, am on H1 and from Europe (France to be a bit more precise). I applied for the EAD only in case something happen to my current employement and that way I believe that I will still be able to work in the US for another company while waiting for the green card. I received my EAD but did not use it yet because the drawback is that if for some reason the green card is denied, the EAD won't be valid anymore and I won't be able to stay in the US anymore. So I rather stay on H1 with my current company to have something to fall back on just in case. For your status I also believe that as soon as you received the notice of action from Chicago lockbox saying that they accepted your I-485 package then you can remain in the US until they reach a decision even though your status before filing ends afterwards but you won't be able to work in that situation unless you applied and received an EAD. Please can someone correct me if I'm wrong on anything.
 
Sanyesz84 said:
Hey, sorry if I was confusing, I didn't mean to argue.
However, there is another factor for me that makes me more time-sensitive. Thanks to the economy getting better more of my co-workers are being offered positions paying better salaries so people (not people on visa) have been leaving. It is a small firm and now I'm thinking if enough people left it might go under... Since I am on H1B, I might lose my status and so cannot adjust status anymore and would lose the DV. I really hope this won't happen. But if worst comes to worst, if my firm does go under, can I still switch to a new employer who is willing to take over my H1B and remain in status? As far as I know the new firm wouldn't need to sponsor me all over again, just take over my visa, is that right? Would that solve my problem?
Also, I have seen that some of the AoS people (some one H1B) had received an EAD, but not everyone. What is that used for and what is it based on if you get one or not? Thanks, I appreciate it!
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If your firm goes under and you loose your job, you will still be able to proceed with your DV selection and adjust status in view of the fact that your AOS application has been formally accepted by USICS - so your status will be adjustment pending if you were to loose your job before you get called for an interview. Regarding the possibility of switching your H1B to another company, that is a discussion for another sub forum that cannot be properly tacked on the DV forum - search for the "H Visas" sub forum and ask your question regarding transferring your H1B for better guidance.

The EAD card enables you to leave your current employer and work for someone else while your GC application is pending. The downside to that of course is if your adjustment application is denied then you can't go back to your H1B which means you may be looking at packing up your bags and leaving the U.S.
 
FeeBee said:
Hi Sm1smom,

I actually really appreciate your experience and advise very much. So much that I actually fired my lawyer the day after reading your initial response to my first post and got a great deal of my money back from her. And it was the best decision I made during this process. The only advise I wasn't able to take was to marry before submitting the I485 because I didn't want to leave the country in October to marry my boyfriend abroad because I would have to wait for the 30-60-90 day rule again before applying and my case was current in October. And on the other hand the soonest my fiancé was able to take vacation from work and come to the US was last week. Because of all the back up USCIS reported to be experiencing and the late submission of my DS260, I submitted the I485 in October. From what I understood from different online sources and my lawyer (not sure how credible these sources are) the main point is to marry before the interview and contact KCC with a copy of the marriage certificate etc. and take the original to the interview. I just wanted to know if you have ever heard of or experienced anyone sharing their story of marrying before the interview.
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Yes there are several people who have gotten married before their interview and their spouses have benefitted as derivatives. However, I've never heard of a DV selectee who got married after submitting their AOS package and who is also planning on processing FTJ for the spouse like your situation.

Considering the fact that you have a low CN I honestly didn't think waiting for an extra month for your fiancé to visit in November before submitting your AOS package was going to cause a big delay or make you loose out on your selection. I wish you bothered to cross check on what you read from different sources online by posting and asking questions here before proceeding like you did.

Anyway the only course of action is to request KCC to unlock your DS form so that you can update your own marital status and submit your spouse's DS form also (assuming your case file hasn't been forwarded to your FO already), then when you go for your interview you will need to tell the IO you need to change the marital status on your application since you're no longer single. You will also need to inform the IO you plan on processing FTJ for your spouse, and to that end, make sure you fill out form I-824 in advance and ask the IO if you could submit it right there at the end of your interview.
 
Sm1smom said:
If your firm goes under and you loose your job, you will still be able to proceed with your DV selection and adjust status in view of the fact that your AOS application has been formally accepted by USICS - so your status will be adjustment pending if you were to loose your job before you get called for an interview. Regarding the possibility of switching your H1B to another company, that is a discussion for another sub forum that cannot be properly tacked on the DV forum - search for the "H Visas" sub forum and ask your question regarding transferring your H1B for better guidance.

The EAD card enables you to leave your current employer and work for someone else while your GC application is pending. The downside to that of course is if your adjustment application is denied then you can't go back to your H1B which means you may be looking at packing up your bags and leaving the U.S.
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Okay, thanks for the info! It seems like I have some digging to do.
 
kyser971 said:
Hi, like you I live in LA county, am on H1 and from Europe (France to be a bit more precise). I applied for the EAD only in case something happen to my current employement and that way I believe that I will still be able to work in the US for another company while waiting for the green card. I received my EAD but did not use it yet because the drawback is that if for some reason the green card is denied, the EAD won't be valid anymore and I won't be able to stay in the US anymore. So I rather stay on H1 with my current company to have something to fall back on just in case. For your status I also believe that as soon as you received the notice of action from Chicago lockbox saying that they accepted your I-485 package then you can remain in the US until they reach a decision even though your status before filing ends afterwards but you won't be able to work in that situation unless you applied and received an EAD. Please can someone correct me if I'm wrong on anything.
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Yep, you were the one I saw on the spreadsheet :D
Thanks for getting back on this!
 
I had a question regarding the EAD, I used to be on OPT and with the EAD I received a NOA saying that it was accepted. This time with the AOS, I received the first NOA saying that they accepted my I-765, and then I received the card but no other NOA for the acceptance. I am guessing that they just send the card directly now, no more acceptance NOA. Does anybody know if that is the case?
 
kyser971 said:
I had a question regarding the EAD, I used to be on OPT and with the EAD I received a NOA saying that it was accepted. This time with the AOS, I received the first NOA saying that they accepted my I-765, and then I received the card but no other NOA for the acceptance. I am guessing that they just send the card directly now, no more acceptance NOA. Does anybody know if that is the case?
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Not quite sure I understand your question or what the concern is all about here. After sending in your AOS package, you got 2 NOA - one for the I-485 and the second one for the I-765? You have since then received the EAD card itself, correct? So which other NOA were you expecting to receive and haven't received?
 
Sorry for not being very clear. The last I-765 I requested for my OPT, I received a first NOA with notice type 'receipt' then I received a 2nd with type 'Approval Notice' and then I received the EAD. All documents linked with the same WAC number. This time with the AOS I received actually 3 receipt NOA (for I-485, I-131 and I-765) but i have not received any 'Approval Notice' NOA

Sm1smom said:
Not quite sure I understand your question or what the concern is all about here. After sending in your AOS package, you got 2 NOA - one for the I-485 and the second one for the I-765? You have since then received the EAD card itself, correct? So which other NOA were you expecting to receive and haven't received?
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kyser971 said:
Sorry for not being very clear. The last I-765 I requested for my OPT, I received a first NOA with notice type 'receipt' then I received a 2nd with type 'Approval Notice' and then I received the EAD. All documents linked with the same WAC number. This time with the AOS I received actually 3 receipt NOA (for I-485, I-131 and I-765) but i have not received any 'Approval Notice' NOA
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Oh I see! Well, I can't quite remember if an approval notice is still being sent before the EAD card itself is sent, but regardless, I don't think it's relevant anymore anyways once you've received the EAD card itself which is the most important thing.
 
Sm1smom said:
Oh I see! Well, I can't quite remember if an approval notice is still being sent before the EAD card itself is sent, but regardless, I don't think it's relevant anymore anyways once you've received the EAD card itself which is the most important thing.
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Thank you for your response. I was just wondering if other people had received one, but like you said the relevant thing is that I received the card.
 
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