Okay. Thank you
DV 2026 AOS (Adjustment of Status) Process Only
- Thread starter Sm1smom
- Start date
Britsimon
Super Moderator
Did you read the guides linked from the first post in this thread? Start there.
Dear Simon, I deleted inadvertently my question which I had posted here. The deletion covered your answer. I really excuse. It type gain my querry below:
My number yesterday became current. I am on F1 status , I won green card lottery. How can I proceed ? Which forms am I supposed to fill out ? What about DS 260 ? What about I 485 ? Do you know anyone who has the same case like me ? I really need your assistance.
My number yesterday became current. I am on F1 status , I won green card lottery. How can I proceed ? Which forms am I supposed to fill out ? What about DS 260 ? What about I 485 ? Do you know anyone who has the same case like me ? I really need your assistance.
SusieQQQ
Well-Known Member
Read the AOS process spreadsheet linked in the very first post of this thread. Read it thoroughly- all the sheets. It most likely answers all your questions. If there is anything you don’t understand in there then ask a follow up question here.
OK, I have got you reply. I thought it was deleted adherently. I will started from there.
OK, Sir.
Hi I am on a tourist visa and pending my 6 months extension. Am I eligible to file for AOS (I am current based on the new VB) ? its been 2 months awaiting approval.
2nd Q- if ever extension gets denied and I have already submitted my docs for AOS, am I legal to stay ? Than you
2nd Q- if ever extension gets denied and I have already submitted my docs for AOS, am I legal to stay ? Than you
SusieQQQ
Well-Known Member
No, unless your tourist status has not yet expired when you submit the form. You have to be in status when you submit to be able to adjust status. So, you can file now but AOS application would thus only be successful if your status extension was approved, and would have to wait for notification of that before being finalized (and of course assuming everything else was ok with your application). if the extension is approved it would be retroactive to start at the date of original b expiry. If the extension is denied and your original expiry date is past, then you have to leave the US immediately. Note that out of status period in that case would be retroactive to the expiry date of the b visa, although you would only start accruing unlawful presence from the date of denial. 180 days of unlawful presence will result in a 3-year ban from the US, as of the date you depart so it would not be in your interest to delay leaving. Of course, it would be very difficult to get a new b visa after that circumstance (which would also result in your existing b visa being cancelled if it still has validity).
You may have some difficulty in an AOS interview if the officer asks how you can reconcile filing for extension of b2 (which requires you to show that your continued stay would be temporary) with filing for adjustment.
Has your initial b visa stay already expired?
the initial tourist visa which was only 2 months period has expired and I have filed for a extension of visa which is still pending. (2 months so far). I As far as I know my stay is legal since pending approval and that once I do AOS, regardless of tours visa extension, I am legal
Yes the initial tours visa has expired. Are you sure that even my current stay is legal (pending approval), I can't file my AOS ? I have clear reasoning for my extension
As far as I know :
If I-539 is denied after I filed AOS:
- I am still protected because the AOS filing puts me into a different “authorized stay” category, and It usually does not harm my AOS case, as long as I am eligible at the time of filing.
eg : getting married to US citizen while pending B visa extension.
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SusieQQQ
Well-Known Member
I already said you can file it, but it can’t be adjudicated until the extension is decided, and if the extension is denied the AOS has to be denied because you will not have been in status when you filed.
Btw - and this does confuse many people: your current stay is not unlawful but you are still out of status unless and until the extension gets approved. There used to be a clear guide that explained this but it seems to have disappeared off the USCIS website under the current administration.
As for your clear reasoning - that will be up to a USCIS officer to decide.
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Thank you, would you recommend waiting for extension approval then apply ? Chat GPT says regardless of tourist visa extension, even if denied, they will process AOS. Thanks again!
SusieQQQ
Well-Known Member
If I had a dollar for every time I’ve seen ChatGPT give wrong immigration advice I’d be rich.
I have no idea of the specifics of your case so I cannot recommend anything, hopefully the explanation of the various factors (post #429) to consider will help you decide for yourself.
This is why listening to ChatGPT without understanding the nuances of immigration is dangerous. This is correct for those getting married to US citizens, because for that category of immigrant (immediate relative of USC - IR or CR category) being out of status is not a bar to adjustment. And most aos cases are, in fact, IR or CR cases, which is probably why ChatGPT decided that “usually” was ok to use. For other categories, including DV, being out of status is a bar to adjustment.
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Thanks again!
Would you recommend premium processing for my B2 extension so I would have a status prior to sending my application for AOS ?considering my case is pretty safe for visa extension
SusieQQQ
Well-Known Member
How can that be when you are required to show that you do not have immigrant intent to extend, yet here you intending to AOS?
Anyway again i don’t know specifics of your case so you need to make your best judgement. (I don’t know what you told CBP officers was your reason for visiting (this will be on your record), what you are telling uscis is your reason for extension, etc. to be clear I don’t want to know either. - just pointing out you are the only one who knows all the details).
It does worry me that your b visa stay was only valid for 2 months and you have been waiting 2 months for an extension already. It would be very unusual for an extension to be longer than your initial period of stay (regardless what you asked for) so even if it’s granted it would probably only cover what you’ve already overstayed for. I’m just not seeing the sense in risking both aos denial as well as losing your b visa when you are current in the VB already and could probably interview at home in a couple of months and be done with the whole process soon and enter as an immigrant anyway, but as I said only you know all the details of your case.
SusieQQQ
Well-Known Member
Premium processing is not available for B visa extensions. For i539s it is only available for F, M or J status.
How Do I Request Premium Processing? | USCIS
The associated time period begins when we receive a properly completed Form I-907, Request for Premium Processing Service, at the correct filing address. To be considered “properly completed,” a petition or application must have the information required by the form instructions, a valid...
www.uscis.gov
2026SA22xx
New Member
Hi! My partner and I are thinking about getting married before submitting documents (AOS). Is there any potential risk of adding partner after DV selection and before submitting AOS? Are my partner and I accessed individually or it’s considered one submission/case? I was looking through forum and wasn’t able to find an answer. In addition, what's the procedure? I know first step is to add partner in DS-260 but is there any other extra steps that we need to take in the AOS process?
SusieQQQ
Well-Known Member
If you want your spouse-to-be to get a green card with you this is the way to do it (marry, update Ds260, submit). It’s one case because your spouse is a derivative of your case (though you each have to file an i485).
Expect questions about the validity of your relationship/marriage at the interview so some evidence of the relationship is a good idea (old photos, joint rent/utility etc bills or other things showing same address if you’ve been living together, etc)
Sm1smom
Super Moderator
Go through the AOS process spreadsheet more for guidance on the steps involved with AOS process.