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DV 2017 AOS Only

Discussion in 'Lottery Visas - DV' started by Sm1smom, May 4, 2016.

  1. Sm1smom

    Sm1smom Super Moderator

    Yes, CN most likely will be current in October.

    Yes, it's advisable to submit the DS-260 form, even for those processing AOS.
    The DS-260 form submission prior to OPT application has not impacted OPT approval AFAIK.

    DS-260 form submission in July is not too late.
    If you're planning on traveling back on F1 visa in August, you should hold off on the DS-260 form submission. Be aware even without the DS-260 form submission if you're subjected to secondary inspection for whatever reason, or they discover you're bringing in documents for the purpose of status adjustment, you might be denied admission. Entering the US on a NIV with the purpose of filing AOS is frowned upon, so you might want to think twice on that plan of traveling in August to get your documents.

    Go through the AOS spreadsheet for guidance on when to submit the AOS package.
     
  2. grace791684

    grace791684 New Member

    Really thanks for your detailed information.
    It helps a lot.
    Thanks.
     
  3. bro98

    bro98 New Member

    Hi! I am glad that this thread exists :)
    I am helping my brother who has been selected for further processing in DV program with CN: 2017AS000032xx. We currently have 3 questions which we hope you could give insights to:
    1. My brother is currently living out of the U.S. and will be coming to the U.S. in the Fall to start his college here. He will be applying for F1 visa as soon as his I-20 is ready. I helped him started his DS-260 yesterday, but then realized about the dual intent issue, and thus decided not to continue the DS-260 process at least until his F1 visa is approved. In that case, will the F1 interviewer know or have a record showing that my brother has started his DS-260 implying his immigration intent?
    2. After he gets his F1 approved, I will think he should do AOS instead of CP when he continues with the DV process because he will be already in the U.S. when he receives an interview invitation. But, the option to change the interview location on his DS-260 has been blocked out (it currently shows our home country capital city as the interview location and it cannot be changed to AOS option). Does that mean he needs to go through the CP option? Can he email KCC to change the interview location to a U.S. location?
    3. Since my brother will still be a college student, he will still be our parents' dependent (who are not U.S. citizens). In this case, can he use our parents' supports as his financial supports requirement? He also does not have copies of tax returns transcript for the past 1-3 years; is this required for someone who just enters the U.S.?

    Thank you!
     
    Last edited: May 8, 2016
    Aranya likes this.
  4. Sm1smom

    Sm1smom Super Moderator

    1. An immigrant intent isn't declared until the actual submission of the DS-260 form.

    2. You will submit the form as in, then email KCC letting them know you're changing from CP to AOS.

    3. The IOs are usually reluctant to consider financial support of someone not based in the US. So you'll have to find a USC or LPR to fill out an I-134 in support of your AOS petition. The person that provides the I-134 will be the one providing the W2 and tax returns.
     
  5. mgh2008

    mgh2008 New Member

    Hi
    I am one of the selectee with CN AS2XXX. I am living in US under F1 visa for three years. Last year I submitted my EB2-NIW (I-140) and I-485 concurrently (around March 2015). The two cases are still under background check. I got married after submission around May 2015 hoping to bring my spouse here after getting approval. I don't know what should I do since I submitted my AOS but under EB base. Should I submit it again or wait until getting approval? I read some of the post and find that my spouse overseas can not do the CP processing separately. Is that right? Any suggestion or recommendation? thank you
     
  6. bro98

    bro98 New Member

    Thanks for the reply! Can I as his brother fill out the I-134 on his behalf? I am currently working in the U.S. under OPT, but will be getting my H1B in October 2016. I see that the I-134 form can be filled out by a "lawfully admitted non immigrant" Am I qualified?
     
  7. KentSwe

    KentSwe New Member

    Very valuable information, thank you very much for your help!
     
  8. Britsimon

    Britsimon Super Moderator

    There is a place on the I-134 for temp visa holders to note their status BUT the temporary nature of their status puts a time limit on the support which undermines the strength of the document. Given that, he should use a citizen/LPR.
     
  9. Sm1smom

    Sm1smom Super Moderator

    It is possible to have more than one AOS petition in the system at the same time. Regarding whether or not to submit your DV based AOS petition? It's really your call, I'm sorry I can't tell you what to do.

    And no, you didn't read our responses above correctly. We never said a beneficiary cannot process CP separately from the main selectee who is processing AOS. What we said was that the beneficiary will do CP through a process known as FTJ since both the AOS and the CP portion cannot be processed at the same time.
     
  10. Sm1smom

    Sm1smom Super Moderator

    Yes you do qualify, technically speaking. However, because your income as a H1B visa holder, which must be above the applicable guideline poverty level, will be less than 1 year hold, the interviewing IO may have issues with accepting it. It's usually better to have a USC or LPR provide the I-134. My suggestion is for you to only do so as a last resort.
     
  11. SaffaMama

    SaffaMama New Member

    Hi everyone, thanks for starting this thread! I have a similar question to some asked above. My husband was allocated AF*1XXX, so I believe he will be processed in October. On the other hand, I've been offered a job in the US, and I need to clear the background checks before I get a start date, but it will probably be August/September, on H visas. You said in response to another poster that July is not too late for DS-260, but is September too late? Should we submit the DS-260 now with our African address and contact KCC once we've moved; or hold off as long as we can? I suppose the crux of the question is: how long can we hold off on submitting the DS-260 without impacting our chances? Thanks!
     
  12. Sm1smom

    Sm1smom Super Moderator

    In a situation where one is certain they will be processing AOS, the DS-260 form submission date is irrelevant - there's no late date per se.

    However in a situation where you guys don't have all your ducks perfectly lined up at the moment and with such a low CN, you might want to submit the DS-260 form now with the mind of processing CP as KCC will need to have enough time to process your forms and schedule you for an October interview. Interview notifications for those scheduled for CP October interview will go out around August and if you wait much longer or until July before submitting the form, you will not meet that cut-off.

    Re-negotiating a new start date with your employer really shouldn't be a problem since the start date for the H1B visa lottery you're coming under is in October I believe.
     
    SaffaMama likes this.
  13. Wingpin

    Wingpin Active Member

    Is there an issue if you are a selectee but have lived for a number of years in the Middle East (UAE & KSA)?
    Thank you
     
  14. Sm1smom

    Sm1smom Super Moderator

    Connections to the Middle East may lead to a prolonged background check clearance.
     
  15. mgh2008

    mgh2008 New Member

    Thank you! That means I can start another AOS with all of the payments ($330+$1070) plus all of biometric. I am a little confused. Beneficiary can start the CP but it can not get approval if the selectee is still pending? Correct? Or Beneficiary can start the CP and may even approve faster than selectee who applied AOS. Thank you for your help for clarification.
     
  16. Sm1smom

    Sm1smom Super Moderator

    Yes, you can start another AOS process (with all the applicable fees) when your CN becomes current.

    No, the beneficiary cannot start any part of the process until after you the PA complete the AOS process. Then you'll initiate the process for your case file to get transferred to the home embassy of where the beneficiary is residing to undergo their own interview process. Beneficiary cannot be approved or interviewed without the PA successfully completing the process first.
     
  17. mgh2008

    mgh2008 New Member

    Thank you! I understood the process! I wanted to do the same process (I-824; Follow to join) but with Employment based not with Dv-lottery. I appreciate your time to help me.
     
  18. Sm1smom

    Sm1smom Super Moderator

    Ha! The light bulb moment :p glad to have been of help ;)
     
  19. justsomeguy

    justsomeguy Member

    Hi there. I'm a winner this year, CN # is two digits so I will be current in October. I have read the spreadsheet. I am a current E3 visa holder (Australian) and I see on the list of forms that an I-797 is required. I don't seem to have any record of receiving that form in conjunction with my existing visa and my employer says they've never received one either. Should I fill out the UCSIS form to get a duplicate? Thanks.
     
  20. Sm1smom

    Sm1smom Super Moderator

    No, the spreadsheet does not say an I-797 is required, it says if applicable. We understand it's not applicable to all selectees, some have never applied for nor received a benefit from USCIS in the past, so it wouldn't be applicable to them.
     

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