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adjustment of status

A

anaorti

Registered Users (C)
Hi,

I'm also a winner of the 2008 DV lottery. I received the letter from Kentucky at the end of March and I sent them all the documents they asked for.

Today I got another letter from Kentucky saying that I need to adjust my status through USCIS and pay a fee. Do you know anything about this process? I thought I just had to wait for an interview at the consulate (I'm doing research in USA under a J1).

So, do I have to contact USCIS now or wait until October 1st? do you know if it is a long process?

please any info about all this would be really appreciated

thank you
 
if you want to do CP, did you indicate that in your forms? if you did, they misread it. Contact KCC (in writing, email and by phone) and make sure they understand that you will be doing consular processing. It is your right.

Make sure you are not subject to home residency requirement, or you will be deeply disappointed when you can't get the GC.
 
Hi LucyMo,

yes, I have the 2 year home residency requirement, but I already applied for a waiver and I got a favorable letter from DOS. As I understood, now they send that letter to USCIS and then I get the waiver. Do you think I would have any problems with that?

and about the AOS...I don't think I applied for that...but anyway, my J1 expires in January 2008 and I dont know if by then I would have the green card. Which process is usually faster, AOS or CP?

thanks
 
yes, I have the 2 year home residency requirement, but I already applied for a waiver and I got a favorable letter from DOS. As I understood, now they send that letter to USCIS and then I get the waiver. Do you think I would have any problems with that?
Click to expand...
wow, you are lucky.

Which process is usually faster, AOS or CP?
Click to expand...
CP.
my J1 expires in January 2008 and I dont know if by then I would have the green card.
Click to expand...
How high is your number?
 
Hi,

my case number is pretty low 9XX..I'm thinking of doing CP since it is faster, but can I do it having a J1 with a waiver or this must be dealt with by USCIS?
 
that is very low. You can do either CP or AOS, but you can only apply for AOS when you have your waiver. Thankfully, there is still time till October.
 
LucyMo,

I just got totally confused after reading your post. I just sent a letter to Kentucky saying that I want to change from AOS to CP since I read in this forum that CP is much faster. However in your post you said that I can only do AOS if I have a waiver for the J1 2 year rule..is that true??
 
I was just explaining the process of applying for either CP or AOS in relation to a waiver. You can apply for both, it's just the timing that's different for both since you have to have a waiver (besides the regular differences between AOS and CP).

You can apply for AOS only AFTER you get a waiver. You can't apply for AOS unless you actually have a favorable recommendation (in a case of no-objection) and you have to have a waiver in hand when you interview. Since you already have a favorable recommendation, you could file AOS as soon as your number becomes current (if you wanted to do AOS - but you could apply for AOS no earlier than October or when your case number becomes current).

Now, if you do CP, you have to have the waiver at the time you interview at the consulate. You would send all the applications to KCC without having to wait for a waiver or even a favorable recommendation. Of course, on form DS-230 you would comment that the waiver is pending. :)

Is that better?

If I were you, I'd send a copy of the waiver to KCC or the consulate (if you already have your appointment time) when you get your waiver. That'll speed things up a bit.
 
ok..feel much relieved now..i thought I would have to change again to AOS.

So i decided to go for CP...I got the favorable recommendation letter from DOS so I hope I'll get the waiver from USCIS before October.

In the ds-230 form I said I wasnt subjet to the 2 year rule (since I kind of got the waiver approval by then)...

so, I'll try to call the US consulate in my country to ask them if I should send them the waiver in advance (although I was thinking of taking it with me just the day of the interview).

Anyway, if you have any more advises on this matter I would really appreciate.

And of course, thank you so much for all the help you are giving in this forum

Ana
 
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