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DV 2012 AOS Only

I am a winner of DV 2012 and my priority number is in the 400s range, which i have been told is a great number to have.

My situation: I am currently in the US under TN status which expires in March 2012. I will be going back to school at the end of August 2011 so I will need to file to change my status from TN to F1. What is my best option of handling this so that I can assure that I go to school and proceed with the DV lottery, at the same time?

I have been told that going through Consular Processing is my best bet.

My questions:
1) With a case number as low as 400s, what is the earliest and latest that I can be invited for an interview and a GC is issued to me (assuming that the interview goes well)?
2) If I go through CP, do I need to do my medical, criminal, and biometrics done in the country of my interview (non-US)? Or can I do this in the US?
3) If I decide to change my status from TN to F1 so that i can start my school this August and then I go through the DV lottery process, get the interview, but get DENIED for the GC (for whatever reason), will I be allowed to re-enter the US using my F1 status so that I can return to my studies? Or will it appear as a dual-intent since I went through the DV process (even though I was rejected)?

4) If i decide not to go to school and instead remain in my TN status so that I can apply for AOS through the DV lottery, what happens if i am denied the GC after the interview? Would I run the risk of having my TN withdrawn? Will I run the risk of not having future non-immigrant petitions approved because I applied for GC in the past?

Thanks for all your help.
 
we were not asked for anything.

chamele0n said:
proof of funds is still required for AoS. So how much are we required to prove for one person? Is it different for when you AS than when you CP?

I actually need this info both for AoS and CP - for 2 people doing different processing.
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chamele0n said:
Are you sure none of you were asked to prove funds? Why would this differ from CP? I thought I saw a post about when they made someone adjusting status prove to them he had a job offer.
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To get a DV visa, you need to provide evidence that you will not become a financial burden for the US government. This evidence can consist of many factors such as: bank statements, pay stubs, employment letter, W2s, tax records, affidavit of support I-134, or a combination of these factors. They also take into account if you are a student on the way to getting an advanced degree to asses if you will be able to find a job.
Overall, it is at the interviewing officer's discretion to ask for an I-134 AOS form.

However, they never asked for 5-6 times the poverty guidelines. For an I-134 I think 100% of poverty guidelines are required. For I-864, 125% is required.
Moreover, I-134 can be signed even by somebody who is not a US citizen or LPR.
 
Ok. I got a reply from KCC! Now, Do i also need to contact CIS, besides sending DSP-122 to KCC????

"To determine whether you are eligible to adjust your status you MUST contact the CIS."Please, help!!!

Thank you for your inquiry.



If you are in the United States, you may be eligible to apply to the Citizenship and Immigration Services (CIS) for adjustment of status. The option to adjust status may no longer be available to all applicants. To determine whether you are eligible to adjust your status you MUST contact the CIS. Once the CIS confirms your eligibility to adjust status they will provide you with the additional information that you need. When contacting your local CIS office they may inform you that you will not be eligible to file your adjustment until your case number is current and available for processing. Please refer to the visa bulletin at to view the current case numbers being processed. This bulletin is updated after the 15th day of each month.


If the CIS determines that you are eligible to adjust status you will be required to pay a non-refundable diversity-processing fee of $440.00 per person directly to the Department of State. Information regarding where this fee should be paid is included in your information packet. This fee is assessed to cover cost incurred by the Department of State in running the lottery selection process and is separate from any fees you will need to pay the CIS as part of your adjustment application. Failure to pay this fee may result in the loss of your diversity visa. (Please mail a money order for the diversity-processing fees to the address given below.) Also, please forward the completed DSP-122 form back to KCC. This will allow the next instruction letter to be processed to you.



U.S. Department of State

Diversity Visa Program

P.O. Box 979079

St. Louis, Missouri 63197-9000



We do request that you complete and return the DSP-122 to the Kentucky Consular Center so that we may update your file. Question 4 of this form states: Name of United States Consular Office where you would like to process your application”. When adjusting status with the Citizenship and Immigration Service, please list the address of your local CIS office.



The adjustment of status fee is a non-refundable diversity visa fee paid directly to the Department of State. This fee is assessed to cover the cost incurred by the Department of State 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 per person; that is a fee for yourself and for each member of your immediate family who plans to adjust status with you in the United States.

If you are not approved for your visa or are not granted an interview, this fee cannot be refunded to you under any circumstances.
 
From what I've gathered, the CIS simply seems to be telling people that if they are validly in the country (ie: not.. illegal, overstay etc) then you automatically are 'eligible'
 
A few other things:
- They are saying the CIS will give us something. What is this 'information packet'?
- Rather than simply stating 'BCIS' as the form states, should we also list the address of our nearest office (ie: New York, NY)
 
We need to contact CIS see if we are eligible for AOS. And if we are, send dosc to KCC. I wont call CIS, i think i am eligible, since i am on the F1 visa here legaly.;)
 
asolomatova said:
We need to contact CIS see if we are eligible for AOS. And if we are, send dosc to KCC. I wont call CIS, i think i am eligible, since i am on the F1 visa here legaly.;)
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I contacted the KCC this morning and I was told that I need to contact the CIS to see if I'm eligible for AOS. I did contact them, but I got lost! So I guess I'll go for DSP-122, 2 photos, and barcode at this moment.
 
IMO There is no need to go to CIS if you are absolutely sure that you have maintained your status all the time while in USA, entered US with inspection and have a valid I-94, have no criminal history and is admissible to USA.

oneshot said:
I contacted the KCC this morning and I was told that I need to contact the CIS to see if I'm eligible for AOS. I did contact them, but I got lost! So I guess I'll go for DSP-122, 2 photos, and barcode at this moment.
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BCIS would be good. No need to write the complete address or name of the nearest USCIS office.

lordmuggins said:
A few other things:
- They are saying the CIS will give us something. What is this 'information packet'?
- Rather than simply stating 'BCIS' as the form states, should we also list the address of our nearest office (ie: New York, NY)
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Do you think it's good to send DSP-122 for AOS, *and* DSP-230, with a cover note that *if* you do not need DSP-230 to just disregard it. So basically.. a just-in-case?


M
 
chameleOn:

My understanding is that medicals are valid for 12 months. So unless you have a very high case number, you can definitely do medicals now.
 
lordmuggins, (good name btw)

If it were digital, where would we track it? Or do you think they would send it to us by e-mail?
 
I am not sure if they would send it my mail this year, but they do send it by email as well , as I got mine by email last year, after I called few times as I did not get it with the regular mail, after they said they sent it. So might be my email this year, as they do have emails on file for the winners.

happywinner said:
lordmuggins, (good name btw)

If it were digital, where would we track it? Or do you think they would send it to us by e-mail?
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A quick question to all of you: why can't we send I 485 before October first? i called USCIS and they said that i can send those docs as soon as my number becomes current in visa bulletin. and...she took the info from the DPS website or instructions that they use for reference. so, any one can please explain?
 
brainstorm79 said:
A quick question to all of you: why can't we send I 485 before October first? i called USCIS and they said that i can send those docs as soon as my number becomes current in visa bulletin. and...she took the info from the DPS website or instructions that they use for reference. so, any one can please explain?
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Because your number isn't going to become current before October 1st. That's when they start processing this years DV visas.
 
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