DV 2014 AOS Only

[Ayoub]

Hi guys
Firstly special thanks to sm1smom and aos13 for complete information.

Im as a f1 visa here in the US and my wife who won the lottery has F2 visa.

I've read all the pages but i have some questions!

1,i found that the first step is filling DS122 .is that for my wife or both of us?is there any different form for me?

2, in AOS processing we don't need to send DS 230.do we?

 

[Zodiaco]

Your last question is the most important one. If you go for the ead/aos route and for some reason you cannot get the GC, you lose your status as J1. If you do CP and again do not get GC, you may not be able to come back. If you do AOS while maintaining your current status (no applying for ead!) you may continue to stay here if you do not get the GC. Please double check with a good lawyer.

Thank you so much for your knowledgeable replies.

It looks like AOS is the best choice for me, since I have to be able to legally stay in the US even in case the GC is rejected. Not applying for EAD is a good advice. I also just found out, that the 2 years HRR waiver applied to both my visa and my DS-2019 (bearer is not subject to 212e) has NO value unless the DOS verifies my status. So, as first step I filed for J1 waiver advisor to find out, if I will need a J1 waiver or not. If I end up needing a waiver, I will certainly need the time until my CN becomes actual.

A few more questions:

- You say, that obtaining a GC at the consulate is more a formality, at least in some countries. On what do you base your assumption? Which are those countries? What are the odds of getting a GC via CP versus AOS?
- Can I change from one J1 program to another J1 program, while still in the US?

Thank you!

 

[Sm1smom]

Hi guys
Firstly special thanks to sm1smom and aos13 for complete information.

Im as a f1 visa here in the US and my wife who won the lottery has F2 visa.

I've read all the pages but i have some questions!

1,i found that the first step is filling DS122 .is that for my wife or both of us?is there any different form for me?

2, in AOS processing we don't need to send DS 230.do we?

Great job going over the thread before posting your questions. I wish more people would do that.

1. Yes, first step, your wife needs to send in DSP 122, 2 passport photos and the bar code page of her selectee notification letter. Nothing is required from you at this stage, they already have your information as her spouse (I'm assuming of course she applied as "married").

2. DS230 is not required for AOS.

 

[maniche]

Got confused in filling DS 122

I am one of the DV winners. I finished my high school in 2008. Now, I am doing undergraduate in US since last 4 years. I transferred to three universities in this 4 years and probably I will graduate next year. What should I write in No.6 of DSP-122 about education? Shall I write High School Diploma or College, No Degree?? Do I need to list the name of all universities attended so far?

 

[Tew]

You need to list every school. Since you don't have your degree yet, mark no degree. If your interview next year is after your graduation, you can update your information with the KCC with your graduation and take your diploma to your interview.

 

[aos13]

blue:

Thanks to Sm1smom and aos13 for your answers. I doubted that too when I heard him advise my sister to apply for EAD right after DSP-122. I do have some more questions regarding my sister's case:

1. She went to a university just to get an advanced graduate degree, but after one semester, she felt that she needed to improve her English and have her I-20 transferred to a language school. She has now been in a language school for two years. Does that pose a problem for the interview?
F1 is F1, I don't think her status would be a problem, but I don't know for sure.

2. She has not been paid but rely on family fund for her school. So based on your answer, she will need to have a USC to sponsor her. Is that correct? Can she use affidavit of support from family in home country for AOS?
USC or LPR. Or she can have money transferred to her account here in US and show that.
3. What kinds of responsibilities that a USC sponsor will have to bear? and in what circumstances? If she chooses to go on a CP route instead, will she need a USC sponsor as well?
If she needs a sponsor, regardless of CP or AOS she'll need a sponsor. But, in CP one can show things like property (house, car, etc.) in one's name which would be hard to do in AOS since IO would have no idea about some property in some foreign country. Her sponsor would be responsible if she ever uses public assistance.
4. I read a post somewhere above asking including parents' name. Is it possible that a selectee's parents be included in the application? Our parent is at home country, so if it's possible, my sister should instead consider CP?
Parents' names will be in application forms as information, they won't be called to interview or get a green card.
Thank you!

 

[aos13]

I also just found out, that the 2 years HRR waiver applied to both my visa and my DS-2019 (bearer is not subject to 212e) has NO value unless the DOS verifies my status. So, as first step I filed for J1 waiver advisor to find out, if I will need a J1 waiver or not. If I end up needing a waiver, I will certainly need the time until my CN becomes actual.

If you end up needing a waiver, you should know that once you get the waiver, you may not be able to extend your J1.

- You say, that obtaining a GC at the consulate is more a formality, at least in some countries. On what do you base your assumption? Which are those countries? What are the odds of getting a GC via CP versus AOS?

It is not an assumption, it is just an observation; a lot of people report that they had pretty short and easy interviews. The "odds" are the same, but CP is faster than AOS. But please look at Minto64's post about "CP vs. AOS", he is making some good points.

- Can I change from one J1 program to another J1 program, while still in the US?

I don't know about that.

 

[ButterCake]

H1-B visa got selected DV Program- AOS only or what?

Hello everyone.

I'm newbies here and dont' know where to start. I got selected for DV program and currently in US H1-B for almost 6 years, now my visa will expired in Sept 03 and i'm working on the extending H1-B for another 3 years. My questions are

1. Do i have to submit DSP-122 and DS230? (Is it only for people who lives outside US?)
2. Should i wait until Oct 1st,2013 to submit I-485 for AOS?
3. For AOS, it is just only for myself.

I'm so confuse now, please anyone help????

 

[aos13]

Hello everyone.

I'm newbies here and dont' know where to start. I got selected for DV program and currently in US H1-B for almost 6 years, now my visa will expired in Sept 03 and i'm working on the extending H1-B for another 3 years. My questions are

You are here on H1B for 6 years? So you already applied twice for H1B ? I don't know if you can get another 3 years, but anyway your visa is good until September so let's go from there. EDIT: You mean September 2013? Then you better find out IF you can extend it.

1. Do i have to submit DSP-122 and DS230? (Is it only for people who lives outside US?)

You don't need to submit DS230. I did it, but AOS people don't need to. You should submit DSP122. Now, other people may have different ideas, but majority of people who did AOS for DV2013 did submit DSP122.

2. Should i wait until Oct 1st,2013 to submit I-485 for AOS?

First you should inform yourself. You should not submit I-485 before Oct. 1st, and you can only submit it when your case number is current. What is your case number? Read through the AOS threads to get some more idea about the whole process.
EDIT: Again, find out if you can stay beyond September.

3. For AOS, it is just only for myself.

what do you mean?

 

[neshate]

travelling out of US

Hey guys,

My husband is among has been selected this year and we have F1 visa. I was planning to travel back home and get back by the end of May, as far as I read we would be better to send out the forms after I came back.

Now, if I do not send out the forms and since my husband is selected not me, is there still any risk that I face any problem entering US?

 

[aos13]

Now, if I do not send out the forms and since my husband is selected not me, is there still any risk that I face any problem entering US?

I don't think there will be, but there is no 100% guarantees in life.

 

[Tew]

I don't think they'll extend the H1B beyond the 6 years. I believe they require that you leave the country for 1 full year before reapplying for an H1B. If his case number becomes current in October or November, I believe he'll still be within the grace period so he can apply for AOS.

 

[maniche]

You need to list every school. Since you don't have your degree yet, mark no degree. If your interview next year is after your graduation, you can update your information with the KCC with your graduation and take your diploma to your interview.

You mean, I should mark College, no degree?? Does it sound I have a high school diploma?

 

[aos13]

If his case number becomes current in October or November, I believe he'll still be within the grace period so he can apply for AOS.

Oooooops! Sorry, for some reason I thought his/her visa is good until Sep. 2014! If it is Sep. 2013, it's a different story. In that case, first thing to do is to find out IF he/she can apply for any extension.

 

[ipn212]

DV2014 winner, F1/OPT status applied for H1

Hi I just found that I was selected for further processing in DV2014. My number is EU34xxx. So I guess I'm right at the edge.

My F1 status expires in June 1st. My OPT will start in July and I have 17 month extension(STEM). My company also applied for my H1B so there is a chance I might get it in October. I have couple questions: First of all am I eligible for AOS? I have a gap between June 1st and July 8th where I dont have any status. Would that effect my application? I know international students are allowed to stay 60-90days after graduation but not sure if this is valid for DV applications.

Also, if I do CP, when do I need to exactly go to my home country? Only for the interview? Step 2 on the website is just filling out forms which I could do here in the U.S. However Step 3 is some civil documents which may require me to be present in my home country to get it processed. Are those documents required for the interview? Or before the interview? The problem is because of my H1B application, I can't leave the U.S. until October. So I'm not really sure what I need to or what my status is.

I'll greatly appreciate it if you could give me some insights!

 

[Tew]

You mean, I should mark College, no degree?? Does it sound I have a high school diploma?

Yes, college no degree. Any other choice would be inaccurate and could jeopardize your application. Or you could check "other" and explain you're graduating in 2014, but I think that this is implied in the "college, no degree" field.

 

[scusyxx]

@aos13, I have a question. For example, In December visa bulletin they announce the numbers which are going to be current in January. Am I supposed to send i485 starting from January 1st or December 10-15th(the date bulletin announced)? What happens if people do send i485 although their numbers are not current? Does USCIS strictly check the number? Do they order them according to case #? Thanks

 

[Tew]

Hi I just found that I was selected for further processing in DV2014. My number is EU34xxx. So I guess I'm right at the edge.

My F1 status expires in June 1st. My OPT will start in July and I have 17 month extension(STEM). My company also applied for my H1B so there is a chance I might get it in October. I have couple questions: First of all am I eligible for AOS? I have a gap between June 1st and July 8th where I dont have any status. Would that effect my application? I know international students are allowed to stay 60-90days after graduation but not sure if this is valid for DV applications.

Also, if I do CP, when do I need to exactly go to my home country? Only for the interview? Step 2 on the website is just filling out forms which I could do here in the U.S. However Step 3 is some civil documents which may require me to be present in my home country to get it processed. Are those documents required for the interview? Or before the interview? The problem is because of my H1B application, I can't leave the U.S. until October. So I'm not really sure what I need to or what my status is.

I'll greatly appreciate it if you could give me some insights!

You will still be in status between June 1 and July 8, no worries. You can definitely do AOS. Whether AOS is the way to go is dependent on when your number is likely to become current. If this year's trend holds for next year, July will likely be it for your number.

For CP, you need to go abroad to do it. I believe you can go to any consulate as long as you inform KCC of which one it is (you may need to have legal status in the country you choose, but I'm not 100% sure). Your documents are required the day of your interview. If you don't have all of them, you can get denied a visa - if the official is sympathetic they can tell you to submit the missing pieces instead of outright denying.

 

[aos13]

@aos13, I have a question. For example, In December visa bulletin they announce the numbers which are going to be current in January. Am I supposed to send i485 starting from January 1st or December 10-15th(the date bulletin announced)? What happens if people do send i485 although their numbers are not current? Does USCIS strictly check the number? Do they order them according to case #? Thanks

Another can of worms.. Oh well. Let me tell you the general understanding that a lot of people who did AOS before would agree upon: your application should reach the lockbox on the first of the month that you are current. Having said that, you can send it whenever you want, it may or may not be accepted. If they decide to reject it, they will return it back to you, and you'll have to send it again when you are current.

 

[betty123]

I would stick to AOS, if I was in your shoes, case could become current between April and June going by past visa bulletins,but hey, that's me. I don't know what other ramifications you have to contend with, so good luck with your decision.

Thank you for your encouragements and your wishes Sm1smom. You really made me fee better I'm a newbie to all this stuff and I greatly appreciate the time and care you're taking answering all these questions. God bless you!
So you said the case would probably become current between April and June ( I assume 2014). what about the estimated time for the interview?
Another question: from my understanding, I file I-485 after the case becomes current, right? AOS would take 60 - 90 days; do people usually have enough time completing their application before September 30?

Please do pardon my ignorance.; I just want to get this right
Best,