DV 2017 AOS Only

[EURO2014]

I would like to thank you for your kind assistance, this is so far the best forum discussing about AOS. I hope you can answer my questions.

- I am a DV2017 winner with 2017AF000089** and according to the VB, my visa no will be current in Nov.
- I'm visiting the US for a conference in early Oct 2016 with B1/B2 visa that's expiring in late Oct 2016 (I got this visa from a conference in Oct last year but it was issued late so I missed that conference and now I'm going to another one). I will be most probably given a 6-months visa upon entry.
- I haven't submitted the DS-260 to avoid the dual-intent problem and I'll follow your advice and apply after 60 days upon entry.

Now my questions are:
1-if my visa number will be current in Nov, but I only submit the DS-260 in Dec, will that delay the AOS processing? Do you think I will have enough time to file my AOS before my non-immigrant visa expires?
2-Can I open a bank account with my B1/B2 visa to get a bank statement? If no, what can I do if I don't have any bank account elsewhere (As I must close my bank account in the country where I'm living now once my study visa expires)?

Many thanks.

Note: I'm not choosing the CP option, because I was studying overseas and I have recently completed my PhD so my study visa is expiring soon and my home country is not safe to go back to, so that's why I'm considering the AOS especially that I will be there when my number is current.

A person can not have preconceived intent to enter the U.S. for a purpose different from that permitted under his/her non-immigrant visa. Entering the US with a B1/B2 visa and proceeding to process DV AoS DV, with respective information of lottery selection being well known to applicant before entering the US, will not require USCIS to be very imaginative to construe alternate preconceived intent at the time of entering the US, irrespective of so-called '30/60/90 day rule'. Circumstances clearly did not change during the time-frame and existed before entering the US on B1/B2. Of course it happens and folks may get through, yet please don't be surprised if you should encounter related issues during AoS processing.

 

[Yasmine83]

A person can not have preconceived intent to enter the U.S. for a purpose different from that permitted under his/her non-immigrant visa. Entering the US with a B1/B2 visa and proceeding to process DV AoS DV, with respective information of lottery selection being well known to applicant before entering the US, will not require USCIS to be very imaginative to construe alternate preconceived intent at the time of entering the US, irrespective of so-called '30/60/90 day rule'. Circumstances clearly did not change during the time-frame and existed before entering the US on B1/B2. Of course it happens and folks may get through, yet please don't be surprised if you should encounter related issues during AoS processing.

Thank you so much. I'm worried now as I was thinking to do that since I'm attending the conference in the US anyway and it is very expensive to go back just to apply at the American embassy. I have another question related to the CP; if I submit the DS-260 now plus all the required documents like police reports and wait for my visa number to be current which is most probably in Nov, how long will be the processing time for DV cases (and issuing the visa)? I have gone through AP last year for my nonimmigrant visa B1/B2, will that speed up the processing of my DS-260? because my student visa in the country where I'm living now will expire in January and I'm now thinking to apply through the American embassy here because I can't go back to my home country due to the unstable situation over there.
Many thanks

 

[Yasmine83]

To set the record straight: I am NOT advising anyone who is not currently in the US to enter the country with a preconceived immigrant intent and then wait 60 days before declaring their immigrant intent. I'm pointing out the 30-60-90 days rule to those already in the US who try to file upon arrival or shortly after that.

It is important for me to make the above disclaimer because I know that the USCIS frowns upon precisely what you're planning on doing - entering on a NIV (especially with a B1/B2 visa) with the preconceived intent of status adjustment. You should be aware the AOS petition you will be filing can still be denied on the basis of having a preconceived immigrant intent prior to admission, even after waiting 60-90 days before filing for AOS. The IO at the time of your interview can clearly ask to know when you found out you were a DV selectee, and the correct answer you're expected to provide, will be a clear indication of your preconceived immigrant intent. You may also be denied admission into the US as a matter of fact, if they suspect you harbor an immigrant intent at the POE - having a US visa does not guarantee an admission into the US.

In an hypothetical situation (assuming this is a case of someone that has already entered the US on a B1/B2 visa who is now planning on AOS filing), answers to your questions as follows:

1. DS260 submission date has no bearing on the AOS process except for the fact that the 2NL may not be available to be included in the AOS package. Expiration of the granted duration of stay does not matter as long as the AOS petition is filed and accepted by USCIS before the granted duration of stay expires. Bear in mind if the AOS petition gets denied, you will no longer have a legal status in the US, even if the granted duration of stay hasn't expired as at the time the AOS petition gets denied.

2. I don't know if you can or cannot open a bank a/c. Some banks may allow it, you'll have to approach the banks directly. If you don't have a bank account with significant amount of savings in it, you'll need to find someone to fill out an affidavit of support for you.

Thank you so much. I'm worried now as I was thinking to do that since I'm attending the conference in the US anyway and it is very expensive to go back just to apply at the American embassy. I have another question related to the CP; if I submit the DS-260 now plus all the required documents like police reports and wait for my visa number to be current which is most probably in Nov, how long will be the processing time for DV cases (and issuing the visa)? I have gone through AP last year for my nonimmigrant visa B1/B2, will that speed up the processing of my DS-260? because my student visa in the country where I'm living now will expire in January and I'm now thinking to apply through the American embassy here because I can't go back to my home country due to the unstable situation over there.
Many thanks

 

[Sm1smom]

Thank you so much. I'm worried now as I was thinking to do that since I'm attending the conference in the US anyway and it is very expensive to go back just to apply at the American embassy. I have another question related to the CP; if I submit the DS-260 now plus all the required documents like police reports and wait for my visa number to be current which is most probably in Nov, how long will be the processing time for DV cases (and issuing the visa)? I have gone through AP last year for my nonimmigrant visa B1/B2, will that speed up the processing of my DS-260? because my student visa in the country where I'm living now will expire in January and I'm now thinking to apply through the American embassy here because I can't go back to my home country due to the unstable situation over there.
Many thanks

For CP, you most definitely will not be getting a November interview even if your number becomes current in November since you've delayed the DS-260 form submission. The notifications for those getting a November interview will be released mid to late September - this will be for those whose CN are current and who submitted their DS260 form in May/June - KCC takes roughly about 3 months to process the forms before scheduling interviews for those current.

For CP, you don't submit any document with the DS form - please read you selectee notification letter carefully and click on all the links it contains to ensure you understand what you need to do - all your documents will be submitted at the time of your interview. You will most likely be on AP again, so you should prepare your mind for a long process. Renew your student visa in the country where you're currently studying or find some legal ways of extending your stay till you complete the GC process. I'm sure you must have been exploring some other plans prior to your DV selection if indeed you can't go back to your home country.

 

[EURO2014]

Thank you so much. I'm worried now as I was thinking to do that since I'm attending the conference in the US anyway and it is very expensive to go back just to apply at the American embassy. I have another question related to the CP; if I submit the DS-260 now plus all the required documents like police reports and wait for my visa number to be current which is most probably in Nov, how long will be the processing time for DV cases (and issuing the visa)? I have gone through AP last year for my nonimmigrant visa B1/B2, will that speed up the processing of my DS-260? because my student visa in the country where I'm living now will expire in January and I'm now thinking to apply through the American embassy here because I can't go back to my home country due to the unstable situation over there.
Many thanks

You are welcome. Our intention is to provide information, based on personal DV experience. The decision on how to process the DV application is naturally yours and yours alone. From what I understand from your message, my inclination would be to process CP in the country and US Consulate where you currently live. With some exceptions for DoS assigned 'homeless consulates' (by the way, what is your home country?), you need to have legal status in order to process with said US Consulate, hence you certainly will have to renew your student visa in this scenario. It is not unlikely processing of your DV application may take considerable time, the reason it would be advisable to get the process started by submitting your DS-260 with complete information as soon as possible. Good luck!

 

[SoroushO2]

For Affadivit of support, is the person who is gonna be my sponsor should provide his "tax return transcripts" ?
Should be a certain amount of money In his Bank statement I mean he also have to show 1.25 of poverty line for me?

 

[Yasmine83]

You are welcome. Our intention is to provide information, based on personal DV experience. The decision on how to process the DV application is naturally yours and yours alone. From what I understand from your message, my inclination would be to process CP in the country and US Consulate where you currently live. With some exceptions for DoS assigned 'homeless consulates' (by the way, what is your home country?), you need to have legal status in order to process with said US Consulate, hence you certainly will have to renew your student visa in this scenario. It is not unlikely processing of your DV application may take considerable time, the reason it would be advisable to get the process started by submitting your DS-260 with complete information as soon as possible. Good luck!

Thank you again for your reply. My home country is Syria, I'll try to renew my student pass and hopefully it will work.

 

[Sm1smom]

For Affadivit of support, is the person who is gonna be my sponsor should provide his "tax return transcripts" ?
Should be a certain amount of money In his Bank statement I mean he also have to show 1.25 of poverty line for me?

See the AOS process spreadsheet for the suggested documents to be included with the I-134

The sponsor's income is required to be 125% above the applicable poverty guideline. Having a substantial amount of savings isn't a must if the income is above the applicable poverty guideline.

 

[EURO2014]

Thank you again for your reply. My home country is Syria, I'll try to renew my student pass and hopefully it will work.

Syrian applicants may apply for immigrant visas at the U.S. Embassies in Amman, Jordan, Beirut, Lebanon and select others without the need to proof legal residence in those countries (please also review Consular website for US Embassy where you attend university for specific information). Please inter alia consider this information concerning expected DV processing times:
https://travel.state.gov/content/visas/en/general/section-306.html
I would advise not to attempt processing DV AoS from B1/B2 visa status.

 

[SoroushO2]

My sponsor has his own company and he said I haven't done my tax yet and he does not have tax return transcripts or w-2. Is there any other way for him to prove that he have had earning in past years. He said some stuff regarding his tax and stuff which I did not have any idea about that. Would you please help me because I think am late coz My case is already is current for October. Thanks

 

[Sm1smom]

My sponsor has his own company and he said I haven't done my tax yet and he does not have tax return transcripts or w-2. Is there any other way for him to prove that he have had earning in past years. He said some stuff regarding his tax and stuff which I did not have any idea about that. Would you please help me because I think am late coz My case is already is current for October. Thanks

Your sponsor owns their own business but he hasn't been filing his taxes? If that's the case, you might want to look for a new sponsor. If it's simply a case of not having filed for 2015 alone though, the sponsor should provide your with their previous tax transcripts with the exception of the one for 2015. If he doesn't have a W2 because he's self employed, he should have a 1099. If the person doesn't have a 1099, I don't know what else they can use as proof of income.

 

[s2017]

If you just graduated and are on OPT and do not find a job. Will that be a problem in filing AOS ?

 

[EURO2014]

If you just graduated and are on OPT and do not find a job. Will that be a problem in filing AOS ?

You need to maintain legal status, at the absolute minimum up to the point of your I-485 having been officially received. This in turn means that for the time being you do need to comply with all respective F-1/OPT requirements providing you with legal status.

 

[Sm1smom]

If you just graduated and are on OPT and do not find a job. Will that be a problem in filing AOS ?

Short answer: possibly yes. If this is applicable to you, make sure you find a job as soon as possible before the expiration of your grace period.

 

[Klang]

Hello,

I have a couple of quick questions. I am currently filling out form I-485 and I was wondering how do I answer the fields Current USCIS Status and Expires On, which are right next to each other. These text fields are on part 1 of the form and it would be great if any of you could tell me how to fill them out. I am currently on F-1 status.

I was also wondering which answer choice do I choose as a DV selectee on part 2 of the form (the Application Type.) I currently have a. Is that the correct choice for my case?

Thank you in advance for your help.

 

[Sm1smom]

Hello,

I have a couple of quick questions. I am currently filling out form I-485 and I was wondering how do I answer the fields Current USCIS Status and Expires On, which are right next to each other. These text fields are on part 1 of the form and it would be great if any of you could tell me how to fill them out. I am currently on F-1 status.

I was also wondering which answer choice do I choose as a DV selectee on part 2 of the form (the Application Type.) I currently have a. Is that the correct choice for my case?

Thank you in advance for your help.

Status: F1
Expires on: what does your I20 or I94 say? Use whichever of those documents has the longest stay period listed.

Select H and fill out the blank section with something like "DV Lottery Winner. Selectee Notification Letter Attached"

 

[AylaSar]

Hello everybody,
thank you for your time and your patience, this website has helped me a lot in terms of understanding DV better.

I am this year's DV selectee and my number is 2017EU100XX. I just saw the September VB, and got panicked - given the numbers for Europe (8.500) does this means I should give up hope, is my number high?!
(Btw, I have sent my DS260 mid May and had not received NL2)

Also, as Fulbright student I was on J1 visa and 2yrs home stay rule applies to me, meaning I cannot apply to AOS before it ends.
I returned to my country after I finished my studies and 2years will end in two months time, which I indicated in DS260 of course.

My question is do you think that it affects processing my case?

Many thanks and best regards

 

[Britsimon]

Hello everybody,
thank you for your time and your patience, this website has helped me a lot in terms of understanding DV better.

I am this year's DV selectee and my number is 2017EU100XX. I just saw the September VB, and got panicked - given the numbers for Europe (8.500) does this means I should give up hope, is my number high?!
(Btw, I have sent my DS260 mid May and had not received NL2)

Also, as Fulbright student I was on J1 visa and 2yrs home stay rule applies to me, meaning I cannot apply to AOS before it ends.
I returned to my country after I finished my studies and 2years will end in two months time, which I indicated in DS260 of course.

My question is do you think that it affects processing my case?

Many thanks and best regards

Your number is not bad. You'll be fine - it will be current next month or the month after - and you are waiting for the 2 years to end anyway....

 

[AylaSar]

Your number is not bad. You'll be fine - it will be current next month or the month after - and you are waiting for the 2 years to end anyway....

Thanks Mr.Simon! I'll keep this on my mind! Btw, ten years ago I applied for the first time for DV visa, but never made it to the interview...However, I wrote the novel about it, published in 2009, called - guess what lol - The Lottery...
Cheers!

 

[Basti_AA]

Hi,

I had a question on the consequences of a AoS denial by the USCIS.
I'm on a J1 in the US and plan on filing my AoS based on my DV2017 selection. I'm not intending to go for Advanced Parole since I'm planning on leaving the country for vacation or so. In case my AoS petition gets denied, what will happen to me? Will I keep my J1, or is this gone once I file my AoS, or once I filed for Advanced Parole?