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DV 2011 AOS Only

is your status legal? As long as you have a valid I-20 and are a full time student, you are legal and have a valid status no matter what the situation of your original Visa is. (Any body thinks otherwise?). Half of the students I know their visa is expired but they are legally studying.
if you apply for a new F visa, in your DS156 there is a question asking if you have applied for immigration, and if you say yes, (you have DSP 122 sent out already) you won't get visa.
I would recommend the this option, don't go till you get your GC. if you go and do consulate interview and for some reason 1% you get denied, there would be no way back in. At least this way you are in the states and you will do something about it (this is how I think)

pbz said:
Hi Guys,

I received my NL from KCC a little more than a week ago. I am a grad student in F1 status but my visa has expired. I was planning on traveling home this summer and applying for a new F1 visa. Now, I am not sure if this is a safe option. In particular, I have the following questions:

1. If I travel home this summer, can I apply for a F1 visa after I have sent back the DSP-122 to KCC? This webpage (travel*state*gov/visa/frvi/forms/forms_1342*html, replace * with .) seems to suggest that both DSP-122 and DS-230 fall under immigrant visa application. Can my F1 visa be denied if I have submitted one of these forms?
2. If DSP-122 and DS-230 show intent to immigrate, is it better for me to travel home and apply for the F1 first, and then only submit these forms to KCC? In this case, should I be worried about the timeline, i.e. that I will be submitting these forms much later than other DV 2011 recipients?
3. Would it be better if I did not travel outside the US until the DV is resolved? But this would mean if I don't get the GC, I won't be eligible to renew my F1, right?

I would appreciate any thoughts and experiences you might have.
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wait was is your CN and for what region. If I'm not mistaken, you have to have a legal status (or be in grace period) when your send your AOS package.
Is your visa expired but you have a valid i-20? If your i-20 expired, you should go home and do CP.
 
When you enter the state they give you a I-90 which mentions the length that your visa is valid. This is different from what the expiration date of your visa is, For example if you have single entry visa that goes for 3 month, your visa expires the moment you enter the states, however it is still valid to stay here (legally) for the length of the period mentioned in the I-90.
for students if you look the duration is F1-DS means F1 Duration Status. As long as you keep your status as a full time student, your visa is valid no matter if your original visa was a for example 3 year visa and you are here for 5 years.
I-20 is what makes your status valid and legal. if you still have study to do in your I-20, then you are good.


didi01 said:
wait was is your CN and for what region. If I'm not mistaken, you have to have a legal status (or be in grace period) when your send your AOS package.
Is your visa expired but you have a valid i-20? If your i-20 expired, you should go home and do CP.
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khayat said:
When you enter the state they give you a I-90 which mentions the length that your visa is valid. This is different from what the expiration date of your visa is, For example if you have single entry visa that goes for 3 month, your visa expires the moment you enter the states, however it is still valid to stay here (legally) for the length of the period mentioned in the I-90.
for students if you look the duration is F1-DS means F1 Duration Status. As long as you keep your status as a full time student, your visa is valid no matter if your original visa was a for example 3 year visa and you are here for 5 years.
I-20 is what makes your status valid and legal. if you still have study to do in your I-20, then you are good.
Click to expand...

I know that. i just want to know if @pbz has a valid i-20 or not. if he just has an expired visa he is good but if his i-20 expired he/she is out of status
 
To make things clear, my status is LEGAL (full time student). Just my visa has expired so that I will need to apply for another F1 visa if I visit my country this summer (I need to come back to continue my studies).

I guess my main question was, does sending out the DSP-122 to KCC qualify as an immigrant visa application. If it doesn't, then I should be fine. If it does, then pointing this out on the DS156 will surely result in me not getting the F1 visa. In the later case, would be better then to send the DSP-122 to KCC only after coming back from my trip home this summer. Then, would submitting the DSP-122 much later than other DV recipients adversely affect my own chances.

Thanks khayat and everyone else. Again, I'd appreciate any input from you guys.

khayat said:
is your status legal? As long as you have a valid I-20 and are a full time student, you are legal and have a valid status no matter what the situation of your original Visa is. (Any body thinks otherwise?). Half of the students I know their visa is expired but they are legally studying.
if you apply for a new F visa, in your DS156 there is a question asking if you have applied for immigration, and if you say yes, (you have DSP 122 sent out already) you won't get visa.
I would recommend the this option, don't go till you get your GC. if you go and do consulate interview and for some reason 1% you get denied, there would be no way back in. At least this way you are in the states and you will do something about it (this is how I think)
Click to expand...
 
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There is no deadline to when you can send the dsp122 and barcode so i were you, i'd go home this summer, get the new visa stamp and when you get back to the USA send the DSP-122 form. It is safer. Unless you are current in October or November, you don't have to send the form back any earlier.
 
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That is what I was leaning towards as well. My CN is in the 10XXX from AS. From the visa bulletin for 2010, it was not current until February. If I'm back in the US by September, that should give me enough time, right?? How long do you guys think it will take to get all the paperwork and other things done (meaning getting NL2, medicals, etc..)? Also, I'm leaning towards AOS and not CP.

didi01 said:
There is no deadline to when you can send the dsp122 and barcode so i were you, i'd go home this summer, get the new visa stamp and when you get back to the USA send the DSP-122 form. It is safer. Unless you are current in October or November, you don't have to send the form back any earlier.
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sica, i also received only two letters, check on the NL letter they have stated the website to download the other forms.

guys can someone assist me on how to go about this..... I won a greencard but at the time of making the application i was married to my spouse for 2 years, unfortunately we separated in last year December and we had already made an application as married, i am from Africa we had a customary marriage whereby no certificate was issued, i have gotten a letter from my Local area representative stating that it is true that we were married and the same said marriage was dissolved according to the customary laws.
Question is on the FORM DS-230 QUE 14 should i list the spouses details even though we are already divorced? and is he supposed to get an affidavit stating on the same that we are no longer together, so that i can send them back together with the other formsy since i am now divorced, i am the principal applicant.

thanks
princess
 
If I were you, I would not go back home. too risky and this is a golden opportunity. Say they don't give you visa for example because they have the names of the winners? May be I am paranoid??
My personal opinion though. what you are saying makes complete sense
 
i am also a Dv 2011 winner, i got mibe yesterday yaaaaay!!!!! i am here on F1 visa but mine was long expired but my 1-20 is current.i alsothought the instructions on the wensite said we dont have to contact the KCC you are eligeable to contact the local united states immmigartion services, take them the print out(i donno which) and then complete a payment for adjustment of status. Help a confused sister....
 
As I have told you all earlier I am confused about the forms DSP-122 and DS-230. According to website instructions these two forms are not required for AOS. Yesterday I talked with one law office in Manhattan and they confirmed me that I don't need to submit these two forms. For more confirmation I am going to local USCIS office in NJ tomorrow morning and will update you then.

Some other guys are saying that only DSP-122 is required (don't need to submit DS-230). But this is still not correct. If you look into the instructions for DSP-122 (top part of this form) you will find following:

"Using the enclosed self-adhesive return address label, immediately send this form along with Form DS-230 to: Diversity Immigrant Visa Program, KCC"

I called the customer service for USCIS and the lady who received my call was also not clear about what we should do. She was saying that they don't know the details about the DV Process its better to call Department of State or local USCIS office.

My serial number is pretty large for Asia (Bangladesh) and its 1XXXX. Do you have any idea about how to find out the percentage of getting visa?

Thanks
 
There is so much information on this board from people who have been through the entire process and succeeded. Please read the AOS 2010 thread and get all the info you need to file your AOS. All these questions have been asked and answered before. No need to get a lawyer save your money.
Good Luck!!
 
Hi Sonibago,

Thanks for your suggestion. I have gone through the AOS 2010 forum also. But there is a difference between DV-2010 and DV-2011 process. In case of DV-2010 all the lucky selectees got the instruction in mail along with the forms they need to submit. But we the DV-2011 selectees have got an mail where it is mentioned to go to dvselectee.state.gov site to get the instruction. And that is the point that is making the confusion.
 
khayat, I see your point as well. I wonder if they have the names of the winners too. Does anybody know?

Even if they do, I hope I am okay if I haven't filed DSP-122. I wouldn't go home if I really didn't need to. But in that case too, if I don't get the GC then I won't be able to reapply for F1 later too.

Any idea on if I will have enough time for everything if I start filing DSP-122 around September 2010 if I expect my number to be current around Jan/Feb 2011?

khayat said:
If I were you, I would not go back home. too risky and this is a golden opportunity. Say they don't give you visa for example because they have the names of the winners? May be I am paranoid??
My personal opinion though. what you are saying makes complete sense
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Hello everyone,

I am glad I ran into this website, it is so informative. I also received 1st NL from KCC, my case no is AS00009xxx. I am not sure if this is high number for asia, and whether or not to opt for AOS. I am on H1 visa here. Any input would be appreciated.
 
pretty11 said:
Hello everyone,

I am glad I ran into this website, it is so informative. I also received 1st NL from KCC, my case no is AS00009xxx. I am not sure if this is high number for asia, and whether or not to opt for AOS. I am on H1 visa here. Any input would be appreciated.
Click to expand...

pretty11
your number is considered low for asia. check the visa bulletin archives at nvc's website to get an idea when your cn will be current. also the other thing to consider is when your h1b will expire.
good luck
 
Hello everyone,

Thank everybody for insightful feedback. I have a question for you. I am currently F1 in the U.S. Do you think 2011EU000025XXXX is a low number? When do you think the number will become current?
 
dv2011 said:
Hello everyone,

Thank everybody for insightful feedback. I have a question for you. I am currently F1 in the U.S. Do you think 2011EU000025XXXX is a low number? When do you think the number will become current?
Click to expand...
Should be current around March/April
 
Zahidal,

To clear any confusions, I think the best thing you can do now is to call KCC and USCIS (or even better get an infopass on your local USCIS) to learn about the next step, if you are doing AOS. Not all people in USCIS are well informed about the DV AOS. I was in the same situation as you are now, I called up KCC and USCIS 5 different times in 5 different days so I could get a consistent answer about what the next process should be, some told me (KCC), that I need to send both forms, some said, send pictures too and some said, just go to USCIS. So, when it comes to people in KCC and USCIS, they also don't have a better idea about this DV thing. To be on the safe side, I sent both forms, and pictures, to KCC included a cover letter saying that I will be doing AOS (although I still mentioned "BCIS" on DSP 122 q. #4). The thing is that you need the 2nd letter from KCC confirming your intention to pursue DV via AOS, AND you need the receipt for the DV fee you pay to DOS in St. Louis plus the NL1 & NL2 when you send your AOS package to USCIS. I suggest you read the instructions for the I-485 forms, things will clear up for you (it will ask on what basis you are filing AOS, if you answer DV, it will ask you to include the winning notification letter). Not all people from DV 2010 AOS thread received the information package, I spent days and nights reading that thread and it has been BEYOND useful. Like you, I also consulted a reputed lawyer not knowing what to do at first, wasted my money, he told me up front, his firm does not handle that many DV cases. He basically told me what I could easily find elsewhere on the internet. This is my opinion and I am just trying to help you out as I have been in the same situation. KCC and USCIS are definitely THE place to start calling to clear up confusions.

Take care.
 
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