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2009 DV Lottery winner - AOS filing

I

irons

Registered Users (C)
Hi all,

I am in USA currently with a valid E2 visa.

Recently I have been selected for the 2009 DV lottery (2009AF000030XXX)and I choose to AOS my application. Having contacted USCIS helpdesk a number of times to understand the process and when I can start filing as there seems to be a lot of misunderstanding, I have been told the following:

1 - I can file AOS with a valid E2 visa anytime after 1st OCTOBER 2008 and that I did NOT have to wait for my number.
2 - I need to file I 485, G325A and I 693 (medical)

There was no mention of having to wait until ny visa number or was asked to file 90 days prior - I was catogorically told to file straight away after 1 Oct 2008.

Can somebody please confirm that the above is correct.

:confused:
 
I'm afraid the helpdesk has little idea what they're talking about.

1. You do need to return the DS-230 (part I and Part II) and DS-122 and mail them to KCC telling them that you want AOS. This you can do it now, no need to wait till your number is current.

2. All these only can be filed when your number is current (it looks like probably around May/June next year based on your cn)
 
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Glistenpearls said:
I'm afraid the helpdesk has little idea what they're talking about.

1. You do need to return the DS-230 (part I and Part II) and DS-122 and mail them to KCC telling them that you want AOS. This you can do it now, no need to wait till your number is current.

2. All these only can be filed when your number is current (it looks like probably around May/June next year based on your cn)
Click to expand...


I have submitted the DS230 and DS122 to Kentucky - it's the next step I need to understand, hence the call to USCIS
 
Advice needed AOS or CP

Can anyone advice me if I should go for AOS or CP if my Case no is AF30400. I am currently in USA with a valid non immigrant Visa. Based on current year visa number, mine would be available in June09. Can I file 90 days earlier as mentioned in a memorandum by Pearson?
 
1. You were not supposed to send DS-230 to KCC. Only DSP-122. Potential drawback (not likely to occur) is they might process your application as if you want to do CP versus AOS. because AOS applicants do not fill DS-230, only CP applinats do. Sending DS-230 might be considered as an intent to do CP.
2. When Pearson memo was written, DOS made a 3 month notice about current numbers. Things change. Now they issue only 2-month notice about current numbers, even less than that. That means you can only submit I-485 after your number has been published by DOS as current in advance notification portion of visa bulletin (for upcoming months). So, that could be about 50 days in advance only out of original 90 days. Neither your application will be processed correctly if it arrives before October 1 (even if that is within 50 days).
 
Thanks- there seem to be lot of conflicting advice, just want to make sure I choose the right process.
 
Be careful how you proceed

Hello Irons,
I have concerns over some of the advise given above. I would like to encourage you to first take a look at the general information thread. The information by catseyes is better presented and factually complete.

Get the facts then decide how to proceed on your own.
 
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I personally think the content of the link provided by raevsky was outdated (1999). I have heard from previous DV winners that their app got rejected (mailed back) because they submitted earlier that they supposed to. Regardless doing CP or AOS, take your time reading previous posts from last DV winners. They are very helpful.
 
DS 230 ambiguity

raevsky said:
1. .......''You were not supposed to send DS-230 to KCC. Only DSP-122. Potential drawback (not likely to occur) is they might process your application as if you want to do CP versus AOS. because AOS applicants do not fill DS-230, only CP applicants do. Sending DS-230 might be considered as an intent to do CP............;''


Raevsky does this imply applicants are supposed to send DS 230 when doing CP because the local consulars don't have that information?
If one is doing AOS how does he/she get a chance to give the info required in DS 230 if they are not supposed to send it to kcc? or are you supposed to fill this form during the interview day when doing AOS?
Any informed comment on this confusion please?:confused:
Click to expand...
 
I personally think the content of the link provided by raevsky was outdated (1999).
Click to expand...
My link provides two memos of May 2008 as well, which confirm the policy is still in force.
I have heard from previous DV winners that their app got rejected (mailed back) because they submitted earlier that they supposed to.
Click to expand...
Correct. They filed it before October 1, and it went to the wrong pipeline. You are not supposed to file your case before October 1.
 
Raevsky does this imply applicants are supposed to send DS 230 when doing CP because the local consulars don't have that information?
Click to expand...
AOS has nothing to do with consulates. Don't ask the consulates about AOS procedures. They are not aware of that. Consulates are well aware of CP procedures.

If one is doing AOS how does he/she get a chance to give the info required in DS 230 if they are not supposed to send it to kcc?
Click to expand...
They fill out I-485 form to USCIS. The questions on the form are similar to questions on DS-230, but are a little different, because different data is needed..


or are you supposed to fill this form during the interview day when doing AOS?
Any informed comment on this confusion please?
Click to expand...
No. I-485 is supposed to be sent to USCIS before your AOS interview, and the interview will be scheduled only after I-485 is received.
 
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