DV 2018 AOS Only

[Sm1smom]

@Sm1smom This is my plan, get AOS EAD and use it for other jobs whiles still working with my current company on H1B as I wait for the GC, am aware of the processing time it could end up been useless if it comes same time with the GC. Now what happens if I get the AOS EAD and don't use it does it affect anything ?

My suggestion: don't complicate this process for yourself. Stick with using just your H1B. When you get your GC, have as many jobs as you desire at the same time.

Of course nothing happens if you get an AOS based EAD without using it.

 

[maxplank]

Good afternoon!

I am selected for DV 2018, and I have also included my wife in the DS 260 application. I have a F1 visa (doesn't expire anytime soon), but my wife has a visitor visa (Nov 26 is the last day for her legitimate stay). It is likely that my visa number will be current in the VB of December or January. (So, I can probably submit I-485 in October or November with early filing). This is the problem I have:
My wife is planning to get her visa extension, she has her medical license exams coming up. But, I read somewhere that if you have filed for an immigration visa (DS 260?), then your extension will be denied. So, is there a way she can legally stay in the US even after November 26?

Thanks!

 

[6fii]

My suggestion: don't complicate this process for yourself. Stick with using just your H1B. When you get your GC, have as many jobs as you desire at the same time.

Of course nothing happens if you get an AOS based EAD without using it.

Thank you

 

[Sm1smom]

Good afternoon!

I am selected for DV 2018, and I have also included my wife in the DS 260 application. I have a F1 visa (doesn't expire anytime soon), but my wife has a visitor visa (Nov 26 is the last day for her legitimate stay). It is likely that my visa number will be current in the VB of December or January. (So, I can probably submit I-485 in October or November with early filing). This is the problem I have:
My wife is planning to get her visa extension, she has her medical license exams coming up. But, I read somewhere that if you have filed for an immigration visa (DS 260?), then your extension will be denied. So, is there a way she can legally stay in the US even after November 26?

Thanks!

With the expressed immigrant intent, the EOS petition will most likely be denied. I don't know of any other way your wife can legally remain in the US until you file. Why did she come into the US on a visitor's visa and not as your derivative?

 

[maxplank]

With the expressed immigrant intent, the EOS petition will most likely be denied. I don't know of any other way your wife can legally remain in the US until you file. Why did she come into the US on a visitor's visa and not as your derivative?

She already had a visitor visa from before, and I was not aware of this consequence. So, when if I file for 485 before her last allowed date of stay, would she be allowed to stay legally until a decision has been made on our 485 application? I mean do I have to receive a NOA or just filing is enough?
Thanks so much!

 

[Sm1smom]

She already had a visitor visa from before, and I was not aware of this consequence. So, when if I file for 485 before her last allowed date of stay, would she be allowed to stay legally until a decision has been made on our 485 application? I mean do I have to receive a NOA or just filing is enough?
Thanks so much!

She will be considered to be in a legal status after USCIS accepts the petition - which is when a NOA is issued. If the NOA is issued after her authorized stay expires, regardless of if she filed before it did, she's considered out of status and not eligible to file AOS.

 

[SusieQQQ]

Good afternoon!

I am selected for DV 2018, and I have also included my wife in the DS 260 application. I have a F1 visa (doesn't expire anytime soon), but my wife has a visitor visa (Nov 26 is the last day for her legitimate stay). It is likely that my visa number will be current in the VB of December or January. (So, I can probably submit I-485 in October or November with early filing).

Was she admitted for 6 months (or at least longer than 3 months)?

 

[maxplank]

Was she admitted for 6 months (or at least longer than 3 months)?

For 6 months exact.

 

[maxplank]

She will be considered to be in a legal status after USCIS accepts the petition - which is when a NOA is issued. If the NOA is issued after her authorized stay expires, regardless of if she filed before it did, she's considered out of status and not eligible to file AOS.

Oh okay. Sorry for bothering you so much, but would she likely be allowed to come back to the US if she flies back home and come again (i.e. before filing I-485)?

 

[Fanuel]

Don't file for an AOS based EAD card if you're not planning on leaving your current employer.

A side note: the average processing time for an EAD is 3 - 4 months, roughly same as the average processing time for the GC itself. The EAD ends up not being useful for most DV based AOS petitioners, except when the process is held up due to a prolonged background check.

Thanks a lot, now I'm definitely confident on what I am doing..at least this part ..lol

 

[Sm1smom]

Oh okay. Sorry for bothering you so much, but would she likely be allowed to come back to the US if she flies back home and come again (i.e. before filing I-485)?

1. Coming into the US on a NIV with the mind of processing AOS is highly discouraged. She will not be allowed in if she says she's returning to file AOS with her spouse. If she says something else to the contrary, that would be an obvious lie, a misrepresentation which can lead to a life time ban.

2. She will most likely not even be allowed back in the US so soon. The expectation is for a real tourist (a visitor coming into the US on a B1 visa) to not spend more than 6 months at most in one year in the US and for them to spend more time at home than they do in the US.

 

[SusieQQQ]

Oh okay. Sorry for bothering you so much, but would she likely be allowed to come back to the US if she flies back home and come again (i.e. before filing I-485)?

The reason for my previous question is there now a presumption of immigration fraud if you file for AOS within 90 days. This was discussed earlier in the thread, the rules have been tightened from what they used to be. If she goes out and comes back and files it will be even more blatantly obvious that she was misusing her TOURIST visa for IMMIGRANT intent. As mom said above not only would this lead to denial but a possible ban on entry to the US at all. As you cannot now file for her to a F derivative for the same reasons, your best approach will probably be for her to go home, you do AOS and she processes as follow-to-join. You'll need all your ducks in a row for that avenue.

Incidentally even without the DV complications there would have been no guarantee at all of her being granted an extension on her visitor visa, especially given the circumstances under which she would be applying for it anyway.

 

[Sm1smom]

As you cannot now file for her to a F derivative for the same reasons, your best approach will probably be for her to go home, you do AOS and she processes as follow-to-join. You'll need all your ducks in a row for that avenue.

My recommendation to them will actually be for the wife to return home and they both process CP together. It's an easier, less messy route for them both.

 

[SusieQQQ]

My recommendation to them will actually be for the wife to return home and they both process CP together. It's an easier, less messy route for them both.

I was thinking that wouldn't be practical for someone on F1 but if he can swing the time off, that route indeed makes the most sense.

 

[F1_DV2018]

Question about med exam and form 693:

Would I-693 be valid if CS wrote control number of US visa as a form of identification of the applicant?

It's in the red oval on the picture

 

[Britsimon]

Question about med exam and form 693:

Would I-693 be valid if CS wrote control number of US visa as a form of identification of the applicant?

It's in the red oval on the picture

Please don't put your personal details on the web like that. You included your whole electronic number and the control number. Very unwise.

 

[F1_DV2018]

Please don't put your personal details on the web like that. You included your whole electronic number and the control number. Very unwise.

No, it's not my data, it's the first picture from Google 'control number us visa'
I apologize for that
Now, I deleted everything

 

[maxplank]

My recommendation to them will actually be for the wife to return home and they both process CP together. It's an easier, less messy route for them both.

Thank you. So, I believe I have two sensible options right now. Please advise me if you recommend the same.
1. I will wait for November Visa Bulletin and try to see if my number will become current in December. In that case, we will both file I-485 from the US. In that case, the NOA would allow my wife to stay as long as the AOS is pending.
2. In case my number does not become current for December, then I plan to unlock my DS260 and change AOS to CP. My wife would fly to our home country before her expiration date, and I will join her whenever the interview is called for. (hoping that they will not hold my case for long time).
Does this sound good?
Thanks again for all the help.

 

[maxplank]

I was thinking that wouldn't be practical for someone on F1 but if he can swing the time off, that route indeed makes the most sense.

I guess in that case, I would try to take some time off for CP.

 

[SusieQQQ]

I guess in that case, I would try to take some time off for CP.

Bear in mind for CP you need to do the medical exam in the same country you have your interview. Depending on the country, this is usually 1-3 weeks before the interview. Plus it's usually a few days to get your passports back after the interview, assuming all goes smoothly and you're not placed on AP. So time out is anywhere between 10 days and a month, again if no AP. You can maybe look for a forum for your country to see what the usual time frame for the medical is there.