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DV 2011 AOS Only
- Thread starter lucky2011
- Start date
you can write it in your signature
Hi guys
i have complicated situation i received NL1 last week and i did not do anything so far cause when i applied for DV2011(me and my wife) i was married but i registered as a single. now i am in USA with my wife and i wanna do AOS
should i send DS122+barcode+375$(just for me since i applied as a single) and after that when my CN is current file the i-485 for me and my wife
thanks for your response
i have complicated situation i received NL1 last week and i did not do anything so far cause when i applied for DV2011(me and my wife) i was married but i registered as a single. now i am in USA with my wife and i wanna do AOS
should i send DS122+barcode+375$(just for me since i applied as a single) and after that when my CN is current file the i-485 for me and my wife
thanks for your response
NewSouljaBoy
New Member
I just got my Dv letter today. I am thinking of AOS as well, I am studying in New Orleans right. I had a question regarding my F1 status , If i am denied the AOS request then do I jeopardize my f1 status ?
Another question is that my case number is AS27*** is that too high ? and will I have enough time to complete my AOS process ? Any help is really appreciated. And I am very happyto find this thread, I feel I am not all alone .
Another question is that my case number is AS27*** is that too high ? and will I have enough time to complete my AOS process ? Any help is really appreciated. And I am very happyto find this thread, I feel I am not all alone .
Congratulations...
If I were you I would choose consular processing, it's safer
btw which country ARE YOU FROM?
TN visa is very similar to H1-B since it allows you to work in the US for special occupations. They are both non-immigrant visas along with F-1. And if you read the previous AOS threads, you will find out that most people with H1-B or F-1 ultimately get their GC. So I don't see what's the problem with your case? Before applying for adjustment of status (which means immigrant intent as you said), many of us here in this forum had non-immigrant visas status, and got their GC more or less easily. So I think you are fine. If you're still concerned over this, get an appointment with an immigration lawyer. Are you from Mexico or from Canada?
Thank you for your reply lucky2011... I am from Mexico and have just won the lottery...
I have been reading a lot... Honestly I am a little afraid of what could happen... I have not even filled out any forms or anything. Some say that, if you choose adjustment of status in the US, you will be grilled by immigration at the interview because you applied while on a TN, "non immigrant visa", and that could be reason enough to turn you down. Having H1B as far as I know, is a dual intent visa, that allows you to apply for GC, but not a TN.
Others recommend to do Consular processing, but I know (by personal experience with a tourist visa in the past) that, at the Consular Office the first thing they do is cancel your previous visa, so, the would first cancel my TN since I am applying for a "new one". What if they cancel my TN visa while processing my Green Card??? Can you imagine ending up at the border without the possibility to come back to the States?? I would end up having no visa at all to reenter the States. No TN no GC... that would be a great disaster...
Please please advice...
I have been reading a lot... Honestly I am a little afraid of what could happen... I have not even filled out any forms or anything. Some say that, if you choose adjustment of status in the US, you will be grilled by immigration at the interview because you applied while on a TN, "non immigrant visa", and that could be reason enough to turn you down. Having H1B as far as I know, is a dual intent visa, that allows you to apply for GC, but not a TN.
Others recommend to do Consular processing, but I know (by personal experience with a tourist visa in the past) that, at the Consular Office the first thing they do is cancel your previous visa, so, the would first cancel my TN since I am applying for a "new one". What if they cancel my TN visa while processing my Green Card??? Can you imagine ending up at the border without the possibility to come back to the States?? I would end up having no visa at all to reenter the States. No TN no GC... that would be a great disaster...
Please please advice...
Hi all,
CN: 2011AS00006xxx
I just got my NL two days ago. I already prepared the docs and will send it tomorrow. What I am confused about is when do I have to send the $375 to DOS and the $1000? After I send the fee, will I be guaranteed to have the 2nd letter and appointment for interview? Also, I am an international student in California, should I go with AoS or CP? Please advise, any help would be greatly appreciated.
Thanks !!
CN: 2011AS00006xxx
I just got my NL two days ago. I already prepared the docs and will send it tomorrow. What I am confused about is when do I have to send the $375 to DOS and the $1000? After I send the fee, will I be guaranteed to have the 2nd letter and appointment for interview? Also, I am an international student in California, should I go with AoS or CP? Please advise, any help would be greatly appreciated.
Thanks !!
Hey Moye, I'm afraid I've got some distressing news for you. It looks like Mexico is a country with high admission in the US and therefore not eligible to participate this year DV lottery program as you can see in the link below:
Link: http://greencardlottery.visapro.com/DV-Lottery-Eligibility-FAQ.asp#Q18
Talk to an immigration lawyer immediately to verify this fact and see if you can appeal this.
Hi KeepKeep,
You can send the $375 to DOS immediately after you send the DSP-122 document to KCC. Some people wait until they receive the second letter from KCC before sending the $375 fee. Either way is perfectly fine. As for for the $1010 fee (I-485 filing fee: $930 + Biometrics fee: $80), it must be part of your AOS package that you will ship to Chicago Lockbox when you case number is current.
You've got a very low case number for Asia. Therefore AOS is widely preferable to CP. You case number will likely be current in October. So be prepared to send your AOS package as soon as the DV-2011 season starts in October and be prepared to receive your GC by December of this year
You are right.I called them and they told me the same thing:just to send the DSP-122+photos+barcode.I am married too.
Lucky2011,
I am from Mexico but my wife if from Europe and her country participates in the DV. I know I can apply for Permanent Residence because of her country as "country of chargeability".
My real concern is if I should apply for PR since I am on a TN, which is a visa with no dual intent. I am afraid they would not give me the PR because I am under this TN visa.
I am from Mexico but my wife if from Europe and her country participates in the DV. I know I can apply for Permanent Residence because of her country as "country of chargeability".
My real concern is if I should apply for PR since I am on a TN, which is a visa with no dual intent. I am afraid they would not give me the PR because I am under this TN visa.
I don't really believe that having a "non-immigrant intent" visa matters. F-1 visa which many DV lottery winners have is also a "non-immigrant intent" visa. And many students on F-1 successfully adjusted their status to PR.
Hi KeepKeep,
You can send the $375 to DOS immediately after you send the DSP-122 document to KCC. Some people wait until they receive the second letter from KCC before sending the $375 fee. Either way is perfectly fine. As for for the $1010 fee (I-485 filing fee: $930 + Biometrics fee: $80), it must be part of your AOS package that you will ship to Chicago Lockbox when you case number is current.
You've got a very low case number for Asia. Therefore AOS is widely preferable to CP. You case number will likely be current in October. So be prepared to send your AOS package as soon as the DV-2011 season starts in October and be prepared to receive your GC by December of this year
Hi lucky 2011,
Thanks for the answer. I would like to ask several more questions
1. Based on your answer, so I don't need to pay the $375 first in order to get my 2nd letter? I thought the fee was for 2nd letter processing fee? Is it possible that after I pay the fee I do not get my 2nd letter?
2. Do you know the chance of F-1 visa holder to be approved the GC? Because we are not supposed to have immigrant intent in the first place..>.<
3. Do you know what type of questions they typically ask?
Thank you soooo muuuccchhh...
keepkeep
I just wanted to say that as long as you have been in the US legally and have maintained your status, you are eligible for AOS. I called USCIS 3 different times, and they basically pointed out this fact, which makes sense. As for $375 DV processing fee (apparently it is called the "adjustment of status fee" don't as me why) you can send it anytime you want, but make sure you send it before you send your AOS package, as you will need the receipt for it. Here is the link with instructions, address, and who to pay (Do NOT use acronyms):
www+travel+state+gov+/visa/visa_4763+html (Replace "+" with ".")
I found a great deal of information from previous years' posts on AOS.
Regards.
www+travel+state+gov+/visa/visa_4763+html (Replace "+" with ".")
I found a great deal of information from previous years' posts on AOS.
Regards.
You need to pay $750 as you will need to pay for your wife too, remember that the USCIS will require you to send this DV Processing Fee receipt when you send your AOS (for you and your wife), if they see you only paid for one person but sent 485 for two people, they might reject (send 485s back) and ask you to pay the correct fee and send the 485s with correct receipts.
Also remember that this $375/person is the fee you pay to DOS, there is a different fee for 485 that you need to send to USCIS with the forms and it is $1010/person.
thank you for your answer but when i appled for DV2011 ( Oct 2nd - Nov 30th 2009) i was single so my file at KCC indicates that i am single
Adjustment of Status in the United States
When the Diversity Visa Selectee is Already in the U.S.
How do I find out if I can Adjust Status if I am in the United States?
To determine whether or not you may adjust status to obtain permanent residence through the Diversity Immigrant Program, while physically present in the United States (U.S.), learn more on the U.S. Citizenship and Immigration Services (USCIS) website. The option to adjust status in the U.S. may not be available to all applicants.
I am Eligible to Adjust Status, Now What do I do?
If USCIS confirms your eligibility to adjust status you should print this message and take it to your local USCIS office. USCIS will provide instructions on how to proceed. It will not be necessary for you to contact the Kentucky Consular Center (KCC) for any further information or instructions if you are eligible and apply to adjust status in the U.S.
If USCIS determines that you are eligible to adjust status you will be required to pay a non-refundable diversity visa fee directly to the Department of State. This fee is assessed to cover the cost incurred by the Department in running the DV Program and is separate from any fees you will need to pay USCIS as part of your adjustment application. You must pay the diversity visa fee for yourself and for each member of your immediate family who plans to adjust status with you in the U.S.
You must complete payment of the Diversity Visa fee before processing your case can continue. Follow the instructions on the Adjustment of Status Fee Payment webpage. Bring the receipt that is mailed back to you to your interview at USCIS. Please include your DV case number on your cashier’s check or postal money order. The address on the receipt form should be used only for fee payment.
Can my spouse and children still apply under the Diversity Visa program?
When you adjust status in the U.S., if your spouse and/or children live outside the U.S., they may be eligible to apply for Diversity Immigrant Visas at a U.S. Embassy or Consulate abroad, if they were listed on your Diversity Visa online entry, with few exceptions. However, the U.S. Embassy or Consulate cannot process your family members' applications until notification is received from USCIS advising that you have adjusted status.
Note: USCIS will not automatically notify the U.S. Embassy or Consulate that you have adjusted status and that your family members will apply abroad for their visas to join you. You must request USCIS to notify the U.S. Embassy or Consulate where your family intends to apply, and the U.S. Embassy will provide all further instructions. (In this situation, documentation is not submitted to KCC for a spouse and children, and Steps 2-4 of these webpages cannot be used.) The embassy or consulate must also be notified of the address where your family members can be contacted to schedule an interview.
Please remember that your spouse and/or children must apply for and be issued immigrant visas before the Diversity Visa Program ends on September 30, each year. Ensure that the U.S. Embassy or Consulate receives notification from USCIS in time to process the visas before the end of the DV year. They will not be eligible to apply for or be issued visas under this program after the closing date. For additional information on adjusting status in the U.S., please refer to the USCIS website.
Family members living overseas will pay the diversity immigrant visa fees at the U.S. Embassy or Consulate where they will receive their visa. The fee for these family members must not be paid in the U.S. Please consult the Fee Schedule for the most current fee information.
When the Diversity Visa Selectee is Already in the U.S.
How do I find out if I can Adjust Status if I am in the United States?
To determine whether or not you may adjust status to obtain permanent residence through the Diversity Immigrant Program, while physically present in the United States (U.S.), learn more on the U.S. Citizenship and Immigration Services (USCIS) website. The option to adjust status in the U.S. may not be available to all applicants.
I am Eligible to Adjust Status, Now What do I do?
If USCIS confirms your eligibility to adjust status you should print this message and take it to your local USCIS office. USCIS will provide instructions on how to proceed. It will not be necessary for you to contact the Kentucky Consular Center (KCC) for any further information or instructions if you are eligible and apply to adjust status in the U.S.
If USCIS determines that you are eligible to adjust status you will be required to pay a non-refundable diversity visa fee directly to the Department of State. This fee is assessed to cover the cost incurred by the Department in running the DV Program and is separate from any fees you will need to pay USCIS as part of your adjustment application. You must pay the diversity visa fee for yourself and for each member of your immediate family who plans to adjust status with you in the U.S.
You must complete payment of the Diversity Visa fee before processing your case can continue. Follow the instructions on the Adjustment of Status Fee Payment webpage. Bring the receipt that is mailed back to you to your interview at USCIS. Please include your DV case number on your cashier’s check or postal money order. The address on the receipt form should be used only for fee payment.
Can my spouse and children still apply under the Diversity Visa program?
When you adjust status in the U.S., if your spouse and/or children live outside the U.S., they may be eligible to apply for Diversity Immigrant Visas at a U.S. Embassy or Consulate abroad, if they were listed on your Diversity Visa online entry, with few exceptions. However, the U.S. Embassy or Consulate cannot process your family members' applications until notification is received from USCIS advising that you have adjusted status.
Note: USCIS will not automatically notify the U.S. Embassy or Consulate that you have adjusted status and that your family members will apply abroad for their visas to join you. You must request USCIS to notify the U.S. Embassy or Consulate where your family intends to apply, and the U.S. Embassy will provide all further instructions. (In this situation, documentation is not submitted to KCC for a spouse and children, and Steps 2-4 of these webpages cannot be used.) The embassy or consulate must also be notified of the address where your family members can be contacted to schedule an interview.
Please remember that your spouse and/or children must apply for and be issued immigrant visas before the Diversity Visa Program ends on September 30, each year. Ensure that the U.S. Embassy or Consulate receives notification from USCIS in time to process the visas before the end of the DV year. They will not be eligible to apply for or be issued visas under this program after the closing date. For additional information on adjusting status in the U.S., please refer to the USCIS website.
Family members living overseas will pay the diversity immigrant visa fees at the U.S. Embassy or Consulate where they will receive their visa. The fee for these family members must not be paid in the U.S. Please consult the Fee Schedule for the most current fee information.
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