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AOS under tourist visa

jessy30

jessy30

Member
If I happen to be granted a visiting visa to attend a wedding of my niece and my case happens to be current while am still in US legally,is it possible to apply for AOS without coming back to my country?Is it safe to do so and will the rest of my family attend their interview at my home country?Will their visa be granted.Thanks in advance for the great advice from this forum.Kindly @Britsimon adress this.
 
Theoretically, yes. However, AOS is slow and takes a long time (plus they will now need to transfer the file to USCIS which also takes a long time), which may push it beyond the end of September after which you can no longer immigrate on DV.

Also, if you are the principal immigrant and you do AOS, and your derivatives do consular processing, that would be follow-to-join, where only after your AOS gets approved (you get permanent residency) can your derivatives start to be processed for consular processing which will probably mean they will miss the end of September deadline and thus cannot immigrate.
 
newacct said:
Theoretically, yes. However, AOS is slow and takes a long time (plus they will now need to transfer the file to USCIS which also takes a long time), which may push it beyond the end of September after which you can no longer immigrate on DV.

Also, if you are the principal immigrant and you do AOS, and your derivatives do consular processing, that would be follow-to-join, where only after your AOS gets approved (you get permanent residency) can your derivatives start to be processed for consular processing which will probably mean they will miss the end of September deadline and thus cannot immigrate.
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As a DV selectee already based in the US, it is possible to process AOS while the rest of the family process CP as FTJ before the end of the applicable FY. It's been done time and time again.

However in your case @jessy30, if you get selected, I will suggest returning back home to process CP with the rest of your family. Less complicated.
 
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