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DV 2014 AOS Only

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Thank you very much Aos13

aos13 said:
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Dear Aos13,

one million thanks for your reply. It helped me tremendously! I really appreciate your time.
Also, thanks a lot to this forum. It is the most valuable resource after the official instruction!

Warm wishes, and good luck to everyone!

PS I will do CP :))) I know my number is big but it is the last chance in the green card lottery. :) Mostly likely, the Senate will shout it down :(
 
Thanks

aos13 said:
She may not be able to come back. I think you guys can try a status change in US from F2 to F1 but I'm not sure, please talk to her school's int'l student adviser. If it's possible, it is better to do that even if takes a few months. After the change, you'll need to wait for about 90 days before you can send I-485 to USCIS, but you won't be current soon so you should be OK.

I'm guessing that in the visa application form, she would have to say "yes" to the question "have you ever filed an immigrant petition" because entering the lottery is considered as a petition (believe it or not, that's the suggestion by DoS). Even though you are the winner, she is getting the benefit too, and of course they know that you won the lottery and she is your wife. So hiding the fact that she's getting a green card would lead to visa denial; if she says "yes" to the question, that also could lead to denial. I guess you'll never know until she tries and then it could be too late. If she is denied F1 visa, they may or may not stamp her F2 visa void. I personally would not take that risk, but it's your decision.
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Many thanks for your answer. I appreciate it. We would definitely apply for status change from US but we don't plan to do that because of some family problem. Do you have any links or info regarding what happens to valid F2 visa if F1 visa is rejected? One of my friend told me that he called US consulate office back in our country and they told him they do not void it in case F1 is rejected. Also, is it possible to do CP for my wife from home country and AOS for me in the US in the worst case?( like my wife not being able to come to the US in both F2 and F1 visa?
 
conflict between EB-2 category application and DV lottery winning

Hi everybody,
I have a question regarding the conflict between EB-2 category application and DV lottery winning.
My husband (h1b) perm is pending and if everything goes OK it will be certified by the end of July. Then I-140 and I-485 will be filled concurrently for us. I will be derivative (H-4). Yesterday, I noticed I won DV Lottery 2014 with case number that probably will be current in January 2014. At that time I will be able to file AOS for me (as primary) and for my spouse (as derivative).
I have some questions assuming the PERM gets certified on time:
1. Will I be able to file I-485 for me (as primary) and for my husband (as derivative) if we have pending EB-2 I-485s with my spouse being primary and me being derivative?
2. What will happen if we file both ?

thank you for your time.
 
dreamy said:
Hi everybody,
I have a question regarding the conflict between EB-2 category application and DV lottery winning.
My husband (h1b) perm is pending and if everything goes OK it will be certified by the end of July. Then I-140 and I-485 will be filled concurrently for us. I will be derivative (H-4). Yesterday, I noticed I won DV Lottery 2014 with case number that probably will be current in January 2014. At that time I will be able to file AOS for me (as primary) and for my spouse (as derivative).
I have some questions assuming the PERM gets certified on time:
1. Will I be able to file I-485 for me (as primary) and for my husband (as derivative) if we have pending EB-2 I-485s with my spouse being primary and me being derivative?
2. What will happen if we file both ?

thank you for your time.
Click to expand...

What's your case number?

We're almost in the same boat. We have a pending EB2-NIW under review. I feel like if the EB2-NIW goes through, we will be able to file I-485 (non-concurrent) around the same time that our DV-2014 will become current. I would rather not pay the DV fee if it turns out to be un-necessary. I advise you to do the same.
 
c1984 said:
What's your case number?

We're almost in the same boat. We have a pending EB2-NIW under review. I feel like if the EB2-NIW goes through, we will be able to file I-485 (non-concurrent) around the same time that our DV-2014 will become current. I would rather not pay the DV fee if it turns out to be un-necessary. I advise you to do the same.
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My case number is 2014AS 35xx. I have heard that one can have two I-485s at the same time. Do you know anything about it ? I have heard that anyone goes through first that will be the one which is adjucated. Do you know anything about it ? In case of DV lottery fee. I plan to wait at least till September. You don't need to send it now.
Do you think there is any conflict if we filed under both categories ?
 
aos13 said:
I was going to say I don't remember where I've seen it; but I found it :)

Look at page 19:

http://www.google.com/url?sa=t&rct=...PYrazYB4fii0dPw&bvm=bv.46751780,d.aWM&cad=rja
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It seems they are referring to "winners" there. See the last paragraph on the previous page.

I find it legally indefensible to bar somebody from non-immigrant visa purely based on a DV Lottery "entrance" (I'm not talking about winning and further pursuing it with a DSP-122).

The DV entry form does not bear any form of signature or identity verification. Anybody could have entered that information, as long as they had the person's date of birth. I imagine someone that had some animosity with another person could enter them for the DV Lottery and permanently deprive them of ever getting a non-immigrant visa to the US. Certainly they cannot bar you from non-immigrant visa just because you were not cautious enough with not giving away your date of birth.
 
c1984 said:
I find it legally indefensible to bar somebody from non-immigrant visa purely based on a DV Lottery "entrance" (I'm not talking about winning and further pursuing it with a DSP-122).

The DV entry form does not bear any form of signature or identity verification. Anybody could have entered that information, as long as they had the person's date of birth. I imagine someone that had some animosity with another person could enter them for the DV Lottery and permanently deprive them of ever getting a non-immigrant visa to the US. Certainly they cannot bar you from non-immigrant visa just because you were not cautious enough with not giving away your date of birth.
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Isn't the passport photo that goes with the eDV some sort of ID verification?:confused:
 
Hi,

I have a question .My CN is EU36XXX .I live in USA with E2 visa over 10 years.I can t decided if I apply her in US or go back In my country Apply.Because some of my friend close to my number live here and apply in their own country and after interview they got packet came in USA and after a mount they receive GC.Also I have some friends They live here and over a year still waiting for GC.

Not:Who waiting GC here in USA CN EU18xxx. Who apply in tehir own country and get GC in a Mount CN EU38XXX.
 
Sm1smom said:
Isn't the passport photo that goes with the eDV some sort of ID verification?:confused:
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Do you think a photo and the date of birth constitute identity verification?!

So if one has a passport photo of her ex and her date of birth and knows that she's applying to schools in America, he can enter her in the lottery and she never will be able to get a student visa to go to the states!
 
dreamy said:
My case number is 2014AS 35xx. I have heard that one can have two I-485s at the same time. Do you know anything about it ? I have heard that anyone goes through first that will be the one which is adjucated. Do you know anything about it ? In case of DV lottery fee. I plan to wait at least till September. You don't need to send it now.
Do you think there is any conflict if we filed under both categories ?
Click to expand...

I have not researched that yet. I may in the future.

But I think the fee for filing I-485 for a couple exceeds $2000. I wouldn't file two separate sets of I-485s if only for that reason. Depending on which one is ready to be filed, I would do that first and if that doesn't go through, I would try the other avenue. We will have until early next year to send the DV fee and the DV I-485s. No rush there.
 
c1984 said:
Do you think a photo and the date of birth constitute identity verification?!

So if one has a passport photo of her ex and her date of birth and knows that she's applying to schools in America, he can enter her in the lottery and she never will be able to get a student visa to go to the states!
Click to expand...

The full name, date of birth and passport photo is a solid form of ID verification for the purpose of the eDV application!

The truth is according to INA 214(b), COs are instructed to view all non-immigrant visa applicants (with the exception of H & L visa applicants) as having immigrant intent. The onus is on the applicant to prove this non immigrant intent by demonstrating strong ties to their home country that will compel him/her to leave the United States at the end of his/her temporary stay.

Non-immigrant visa applicants who have previously demonstrated immigrant intent (intentionally or as a result of a malicious attempt by others on their behalf) may still be able to succeed with the application provided they're able to demonstrate strong ties to their home countries. It's going to be a herculean task, but it's not necessarily insurmountable!
 
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arianr said:
Hello everybody,

I have been selected for further processing in DV 2014 program and it's more than 1.5 year that I'm studying in US on F-1 visa. I'm planning to do AOS inside US; however, my wife lives outside and never traveled to US before. Based on the information that I found, I should be able to request USCIS to ask the US embassy to make an appointment for my spouse as soon as I adjusted my status. Now, I have following questions:

1. Since my CN is a bit high, AS6XXX, and AOS takes an average of 4 months, do you think if she will have enough time to CP and get her visa by the end of fiscal year?
AS6XXX is not bad, you may be current around March-May time frame. It takes 2 months on average, so if you are lucky you may get your GC by June or July.
2. When exactly am I able to request USCIS to ask embassy to make an appointment for my spouse? Is it after my interview? after getting the physical GC?
I think you file a I-824 after your approval, which immediately follows your interview. But you may have to submit a copy of your green card, I'm not sure, please double check with KCC to get the details. I think there has been cases of follow-to-join spouses in the older AOS threads, you may want to go through those threads.
I appreciate your help if anyone has the same experience to share with me.
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Marisha:) said:
Dear Aos13,

one million thanks for your reply. It helped me tremendously! I really appreciate your time.
Also, thanks a lot to this forum. It is the most valuable resource after the official instruction!

Warm wishes, and good luck to everyone!

PS I will do CP :))) I know my number is big but it is the last chance in the green card lottery. :) Mostly likely, the Senate will shout it down :(
Click to expand...

As I said, you don't really have to make any decision for the next 8 months or so. Good luck.
 
Jyamire said:
Do you have any links or info regarding what happens to valid F2 visa if F1 visa is rejected? One of my friend told me that he called US consulate office back in our country and they told him they do not void it in case F1 is rejected.
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I don't really know, but I'm guessing she could still come back on F2, if F1 is denied. But having immigration intent could also spoil both visas. I don't know how particular embassies operate.
Jyamire said:
Also, is it possible to do CP for my wife from home country and AOS for me in the US in the worst case?( like my wife not being able to come to the US in both F2 and F1 visa?
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She can do a follow-to-join after your GC is approved.
 
c1984 said:
It seems they are referring to "winners" there. See the last paragraph on the previous page.
Click to expand...

No, they say applicants. And in case you actually win, then things get more seriously. and I don't mean that they will bar you automatically, all I say is that you have to disclose if you entered the lottery. Read the whole page and you'll see that's exactly what they say.

And if somebody enters your name without you knowing it, you have the option to tell the officer that you never entered and it was a fake entry. It's hard to believe how any random person can get a hold of your passport-sized picture, but if you do have a good explanation, like your ex-wife screwing you up (figuratively), you should be fine.
 
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