DV-2012- How urgent is it to file right now?

[Veggie3]

Hi all,

My spouse was selected for further processing. We both live in the U.S. (I'm a postdoc on J-1 and she's on J-2). In the past I was a Fulbrightee, so I returned home and stayed there for about 2 years. The thing is I might have to complete another 15-17 days (USCIS might count the days-they want proof for 730 days of presence in your country). We always lived and worked in the country legally and were always in status.

So we both plan to leave the country for a few weeks and return in late June (my wife has to visit a sick parent). But here the question of "immigration intent" kicks in:

If we'll send KCC the DSP-122 now, isn't that showing immigration intent? IN that case we might not be allowed back in the country, I guess.
The other thing is that even when you come back, you shouldn't show any sign of going to do AOS for 60 days, right?

So can we begin everything in late Aug.? The number is not too bad (2012EU00013xxx), but it won't be current before Dec. 2011 or even Jan. 2012.

Are 4 months enough to get all our materials ready for AOS? Any thoughts?

Sorry for long scroll...

 

[FGARICI53]

If you are leaving the country in June do not send in the dsp-122 now. You can send it in when you get back.

4 months are more than enough to get all the materials ready.

 

[Veggie3]

Thanks for your answer.

The only question is when exactly should we send the DSP-122: I know the USCIS has a "60-day" rule,meaning that if you enter the country on a non-immigrant visa (like my J-1) and try to do AOS almost right away (in the first 2 months) they'll consider you as someone who lied about non-immigration intent. I guess the DSP-122 shows such intent (you have to say there that you're going to do AOS).

Any idea??