DV 2026 AOS (Adjustment of Status) Process Only

[Blauland]

Good evening,
My wife was drawn for the second time. The first win was in DV2021 when trump stopped it for the first time.
Now we got “lucky” again. 2026EU11xxx. So not current yet.
We submitted DS-260 in July,

Our situation:
We are in the USA with a E2 that is good until 2027.
My oldest Son turns 21 this August.
My wifes and 2 of my kids Passports expire this July.

My questions are:

1. Can they travel to Germany to get them renewed (and of course successfully re-enter the US)?
2. Is my son allowed to stay in the US until his I-94 expires mid 2027 or does he have to leave as soon as he turns 21?
3. Him being a student at a Florida college, can he apply for a student visa? Now the we submitted the DS-260?
4. Should our number get current next month, would it make sense to file right away? That would be the early filing, right?
5. It probably does not make any sense to pay until our number at least shows up in a visa bulletin, right?
6. Is it technically possible to change back from AOS back to CP. And would it make any sense?

Thank you so much!

 

[Mantuok]

Hi, I’d really appreciate some advice on our situation.

As I've said before, we are DV lottery selectees currently in the U.S. and were planning to file an Adjustment of Status under DV in the near future as our case number became current in January.

At the same time, we have an employment-based backup. My husband’s EB-3 priority date just became current in the latest Visa Bulletin, his employer has engaged a law firm, and they are starting the process now. We expect the EB-3 AOS to be filed within the next month or two.

Given this overlap, is it safe to file DV AOS now, or could this create problems for either process? I’m particularly concerned whether having two parallel immigrant petitions or AOS cases could cause delays, denials, or other unintended consequences.

Thank you so much in advance.

 

[Sm1smom]

Good evening,
My wife was drawn for the second time. The first win was in DV2021 when trump stopped it for the first time.
Now we got “lucky” again. 2026EU11xxx. So not current yet.
We submitted DS-260 in July,

Our situation:
We are in the USA with a E2 that is good until 2027.
My oldest Son turns 21 this August.
My wifes and 2 of my kids Passports expire this July.

My questions are:

1. Can they travel to Germany to get them renewed (and of course successfully re-enter the US)?
2. Is my son allowed to stay in the US until his I-94 expires mid 2027 or does he have to leave as soon as he turns 21?
3. Him being a student at a Florida college, can he apply for a student visa? Now the we submitted the DS-260?
4. Should our number get current next month, would it make sense to file right away? That would be the early filing, right?
5. It probably does not make any sense to pay until our number at least shows up in a visa bulletin, right?
6. Is it technically possible to change back from AOS back to CP. And would it make any sense?

Thank you so much!

1. Admission to the US is never guaranteed. Side note: why do they need to travel to Germany to renew their passports? Can’t they apply for the renewal at an embassy from within the US?
2. AFAIK, your son falls OOS (as your derivative) as soon as he turns 21 regardless of when the I-94 expires.
3. He can initiate a COS (change of status) to F1 from within the US. Doubtful a F1 visa application at an embassy would be approved considering the demonstrated immigrant intent with the submitted DS260.
4. You could do that.
5. Personal call for you to make - depends on how quickly you want to be able to file when your CN becomes current.
6. Yes, it may be possible. Whether it makes sense or not to do so depends on the specific circumstances necessitating the consideration for the change.

 

[Sm1smom]

Hi, I’d really appreciate some advice on our situation.

As I've said before, we are DV lottery selectees currently in the U.S. and were planning to file an Adjustment of Status under DV in the near future as our case number became current in January.

At the same time, we have an employment-based backup. My husband’s EB-3 priority date just became current in the latest Visa Bulletin, his employer has engaged a law firm, and they are starting the process now. We expect the EB-3 AOS to be filed within the next month or two.

Given this overlap, is it safe to file DV AOS now, or could this create problems for either process? I’m particularly concerned whether having two parallel immigrant petitions or AOS cases could cause delays, denials, or other unintended consequences.

Thank you so much in advance.

Having multiple AOS applications in the system at the same time (without one impacting the one) is allowed.

 

[Aldikkm]

Hi
Thanks for this forum I applied my AOS in October 2025, and I went to biometric appointment on November 20th. Since then I have not heard back from USCIS.

Starting from Jan 21st, immigration cases from Kazakhstan (among 75 countries) will be paused. Can anybody advise on what to do if my application is paused? Because I need to receive the green card till the next fiscal year, do you think this indefinite pause extend beyond the fiscal year? Currently I am F1 student till May 2027, if that’s important.

Thanks!

 

[Sm1smom]

Hi
Thanks for this forum I applied my AOS in October 2025, and I went to biometric appointment on November 20th. Since then I have not heard back from USCIS.

Starting from Jan 21st, immigration cases from Kazakhstan (among 75 countries) will be paused. Can anybody advise on what to do if my application is paused? Because I need to receive the green card till the next fiscal year, do you think this indefinite pause extend beyond the fiscal year? Currently I am F1 student till May 2027, if that’s important.

Thanks!

All DV based applications have been under a "pause" since Dec. 19th as a matter of fact, so your pending AOS application was already impacted by that pause. And now there is this new pause on immigration cases from some 75 countries effective Jan. 2st. Nobody can say with certainty as to when either of those pauses could be lifted. Unfortunately, there is nothing I know of that you can do at this point, other than remaining hopeful and keeping your fingers crossed while hoping the pauses get lifted before the end of the FY.

 

[Aldikkm]

All DV based applications have been under a "pause" since Dec. 19th as a matter of fact, so your pending AOS application was already impacted by that pause. And now there is this new pause on immigration cases from some 75 countries effective Jan. 2st. Nobody can say with certainty as to when either of those pauses could be lifted. Unfortunately, there is nothing I know of that you can do at this point, other than remaining hopeful and keeping your fingers crossed while hoping the pauses get lifted before the end of the FY.

Oh shoot. I didn’t even realize that it was paused. I guess media didn’t cover that as much as today’s news.

Anyway, thanks for your response and hopefully everyone gets through this.

 

[_mohkha]

All DV based applications have been under a "pause" since Dec. 19th as a matter of fact, so your pending AOS application was already impacted by that pause. And now there is this new pause on immigration cases from some 75 countries effective Jan. 2st. Nobody can say with certainty as to when either of those pauses could be lifted. Unfortunately, there is nothing I know of that you can do at this point, other than remaining hopeful and keeping your fingers crossed while hoping the pauses get lifted before the end of the FY.

If the DV pause gets lifted, do you think AOS cases would still be affected by the newer pause for the 75 countries or would they start moving again?

 

[Sm1smom]

If the DV pause gets lifted, do you think AOS cases would still be affected by the newer pause for the 75 countries or would they start moving again?

Great question! Several lawyers that I’m aware of are of the opinion that this pause does not impact cases under USCIS’s jurisdiction as the government cable was sent to consular officers abroad. We do not currently have any statement from USCIS regarding this new pause or how it impacts them. As this is still a developing situation, we’ll just have to wait and see.

 

[Go2025]

Hi @Sm1smom,

I applied and was selected when I was on a valid F-1 visa. I am currently in the US on a valid F-2 visa, and I am not from any of the banned countries. My questions are:

1. Does the fact that I applied and was selected while on an F-1 visa, and am now on an F-2 visa, affect my AOS application, or do I need to take any action?
2. My case number is now current (January). If I proceed with submitting my AOS application, will my F-2 status be at risk at any point? What if my application is denied?
3. Should I attach the original or a copy of the administrative payment receipt with my AOS package?

Thank you for your continued support

 

[Sm1smom]

Hi @Sm1smom,

I applied and was selected when I was on a valid F-1 visa. I am currently in the US on a valid F-2 visa, and I am not from any of the banned countries. My questions are:

1. Does the fact that I applied and was selected while on an F-1 visa, and am now on an F-2 visa, affect my AOS application, or do I need to take any action?
2. My case number is now current (January). If I proceed with submitting my AOS application, will my F-2 status be at risk at any point? What if my application is denied?
3. Should I attach the original or a copy of the administrative payment receipt with my AOS package?

Thank you for your continued support

1. No impact.
2. By filing for AOS, you’re making an immigrant intent declaration. If the AOS application gets denied, you revert back to your F2 status as long as you’ve not done something to violate your F2 status, or your F1 spouse (I’m guessing a spouse in your case) has not gone OOS themselves.
3. Copy.

 

[Licxmar]

Good evening,
My wife was drawn for the second time. The first win was in DV2021 when trump stopped it for the first time.
Now we got “lucky” again. 2026EU11xxx. So not current yet.
We submitted DS-260 in July,

Our situation:
We are in the USA with a E2 that is good until 2027.
My oldest Son turns 21 this August.
My wifes and 2 of my kids Passports expire this July.

My questions are:

1. Can they travel to Germany to get them renewed (and of course successfully re-enter the US)?
2. Is my son allowed to stay in the US until his I-94 expires mid 2027 or does he have to leave as soon as he turns 21?
3. Him being a student at a Florida college, can he apply for a student visa? Now the we submitted the DS-260?
4. Should our number get current next month, would it make sense to file right away? That would be the early filing, right?
5. It probably does not make any sense to pay until our number at least shows up in a visa bulletin, right?
6. Is it technically possible to change back from AOS back to CP. And would it make any sense?

Thank you so much!

Hi,

I wanted to share this with you:

I have adjusted from E2 to DV in 2024. If I would not have studied the spreadsheets from Sm1smom and if I would have not asked Sm1smom for guidance, my attorney would have delayed the process for to long.
Adjusting from E2 to DV you need at least one extra form vs everyone else adjusting their status. I dont remember the name. It is listed in the spreadsheet. Just be mindful about it because you will lose time having to send extra documentation.
We used the attorney just to file the paperwork. We had everything ready for him.

 

[Go2025]

Hi @Sm1smom,
I am the main applicant, currently on F2 visa along with my child, and my wife is on F1. I will complete the Form I-134 for myself and my family members to prove that we will not be a public charge by demonstrating my savings and assets in adition to my wife's scholarship, which also include a monthly stipend. I know that the first part of the form I am required to choose "Myself as the beneficiary." My questions are:

1. When I fill out the form for my family members, which option should I choose?
2. I am unemployed, but my wife has a government scholarship covering her school tution and provide a monthly stipend for all of us, so for the Employment Status, should I choose Unemployed or other (Explain)
3. In this situation, do you recommend filling out this form since I am unemployed? Even though I have a good amount of savings (exceed four times the federal poverty guideline)

I assume that each family member is required to fill out a separate form.

Thank you for you support!

 

[Sm1smom]

Hi @Sm1smom,
I am the main applicant, currently on F2 visa along with my child, and my wife is on F1. I will complete the Form I-134 for myself and my family members to prove that we will not be a public charge by demonstrating my savings and assets in adition to my wife's scholarship, which also include a monthly stipend. I know that the first part of the form I am required to choose "Myself as the beneficiary." My questions are:

1. When I fill out the form for my family members, which option should I choose?
2. I am unemployed, but my wife has a government scholarship covering her school tution and provide a monthly stipend for all of us, so for the Employment Status, should I choose Unemployed or other (Explain)
3. In this situation, do you recommend filling out this form since I am unemployed? Even though I have a good amount of savings (exceed four times the federal poverty guideline)

I assume that each family member is required to fill out a separate form.

Thank you for you support!

For immigration purpose, the I-134 is meant to be provided by a USC or a LPR in support of the person applying for an immigration visa, the sponsor (USC or LPR) provides the applicant with a single form that covers the main applicant and their derivatives. The self sponsorship option (where “myself as the beneficiary”) can be selected is intended for an applicant applying for a NIV from abroad where the CO has requested for such an applicant to demonstrate how they plan on supporting themselves. So if submitting an I-134 with your application, you’ll need to have a USC or a LPR provide you with the form and the applicable supporting documentation.

 

[Go2025]

For immigration purpose, the I-134 is meant to be provided by a USC or a LPR in support of the person applying for an immigration visa, the sponsor (USC or LPR) provides the applicant with a single form that covers the main applicant and their derivatives. The self sponsorship option (where “myself as the beneficiary”) can be selected is intended for an applicant applying for a NIV from abroad where the CO has requested for such an applicant to demonstrate how they plan on supporting themselves. So if submitting an I-134 with your application, you’ll need to have a USC or a LPR provide you with the form and the applicable supporting documentation.

I see. It isn't applicable to my situation then. Thanks!

 

[Vov4iks]

Hi @Sm1smom ! I left a message here a couple of days ago and your reply was very helpful.
To follow-up on that (my girlfriend is the main applicant > currently had her biometrics taken, awaiting any updates on I-485 > current status expires end of February), since her work permit also expires in late February, do you know if that "temporary status" allows her to reapply for work permit or work at all? Thank you so much!

 

[Sm1smom]

Hi @Sm1smom ! I left a message here a couple of days ago and your reply was very helpful.
To follow-up on that (my girlfriend is the main applicant > currently had her biometrics taken, awaiting any updates on I-485 > current status expires end of February), since her work permit also expires in late February, do you know if that "temporary status" allows her to reapply for work permit or work at all? Thank you so much!

She will need to apply for an AOS based EAD in order to work after her current status expires. She cannot continue working after her current status expires without an approved EAD.

 

[HiThere0711]

Hi @Sm1smom,

There are few questions I would like to ask.

1. I received the 2nd Notification Letter from KCC today after submitting my DV administrative fee to the Department of State. I noticed a discrepancy in the Foreign State Chargeability: it appears as “TWAN” on the 2nd Notification Letter, while it is listed as “TAIWAN” on my Diversity Visa selection notice. Should I contact KCC to request a correction on the 2nd Notification Letter, or should this discrepancy be fine?

Edit: Oh, I just found out that they use “TWAN” as the abbreviation, and I checked my F-1 visa, it says “TWAN” as well.

2. I am currently on an F-1 visa and have never worked in the United States. I have only submitted Form 8843, which is a statement that I am an exempt individual, to the IRS. If I am an exempt individual, does that mean I will not have an IRS tax return transcript and therefore do not need to include any tax return documents in my AOS package?

Thank you!

 

[Sm1smom]

Hi @Sm1smom,

There are few questions I would like to ask.

1. I received the 2nd Notification Letter from KCC today after submitting my DV administrative fee to the Department of State. I noticed a discrepancy in the Foreign State Chargeability: it appears as “TWAN” on the 2nd Notification Letter, while it is listed as “TAIWAN” on my Diversity Visa selection notice. Should I contact KCC to request a correction on the 2nd Notification Letter, or should this discrepancy be fine?

Edit: Oh, I just found out that they use “TWAN” as the abbreviation, and I checked my F-1 visa, it says “TWAN” as well.

2. I am currently on an F-1 visa and have never worked in the United States. I have only submitted Form 8843, which is a statement that I am an exempt individual, to the IRS. If I am an exempt individual, does that mean I will not have an IRS tax return transcript and therefore do not need to include any tax return documents in my AOS package?

Thank you!

Correct, you wouldn't have any IRS tax return transcript. You however should still be prepared to demonstrate how will overcome presumed public charge.

 

[buya0726]

Hi @Sm1smom,

There are few questions I would like to ask.

1. I received the 2nd Notification Letter from KCC today after submitting my DV administrative fee to the Department of State. I noticed a discrepancy in the Foreign State Chargeability: it appears as “TWAN” on the 2nd Notification Letter, while it is listed as “TAIWAN” on my Diversity Visa selection notice. Should I contact KCC to request a correction on the 2nd Notification Letter, or should this discrepancy be fine?

Edit: Oh, I just found out that they use “TWAN” as the abbreviation, and I checked my F-1 visa, it says “TWAN” as well.

2. I am currently on an F-1 visa and have never worked in the United States. I have only submitted Form 8843, which is a statement that I am an exempt individual, to the IRS. If I am an exempt individual, does that mean I will not have an IRS tax return transcript and therefore do not need to include any tax return documents in my AOS package?

Thank you!

I’m from Taiwan as well, and I’m also doing AOS.
I hope everything goes well for both of us.
I’ve already completed my fingerprinting and am currently waiting for an interview.
Please let me know if you have any updates later on — I’d really appreciate it.