DV 2014 AOS Only

[Hexa]

Thanks Hexa, a lot of your posts have been very helpful; especially this one. My CN is 35XX from ASIA, and I postponed my graduation until next semester hoping my CN will be current this month or the next. With the current progress with Cut off CNs, my CN seems to be current in March / April. I will graduate in May again. Should I consult my school for graduation this semester (as my graduation in May will be around time of my CN being current)? I mean, should I apply for OPT this time or in May? I have already sent DSP stuffs and $330.

Your opinion means a lot. Thanks in advance.

There are two options:
1. Graduate this semester and apply for OPT immediately, hoping to get approved by January/February (which is reasonable), then adjust the status. Even if the CIS is outrageously backlogged for I-765 and take 6 months, you'll get your OPT EAD in May, which still gives you enough time to file I-485. This way you graduate sooner, can find a job sooner, and don't have to pay tuition for another semester. If for whatever reason DV doesn't work for you, you still have OPT to fall back on.
2. Graduate next semester and apply for AOS as soon as your CN is current. Since you predict that you'll be current around March / April, you have enough time. Even if the interviewing IO insists that you must be in status at the time of the interview, you can point out that as F-1 you have a 60-day grace period after completion date. This way is less involved because you change nothing, but it's slightly less safe. DV AOS takes about 3 months on average, which means you have a very good chance to get GC in July. However, it could take as long as 6 months, so you'll be out of status and out of grace period by September; technically this is OK since you'd be in status at the time of filing, but it's still worrisome as an inexperienced IO can give you a hard time for it.

 

[Sm1smom]

Thank you mom and Hexa. I will talk to my advisor to discuss delaying my graduation and extend my I-20.

If I cannot extend my I-20, I may consider doing CP as backup plan. I found several people from my country sharing their CP experience, and it all went well and smooth.

To change from AOS to CP, my understanding is that I need to notify KCC in written that I want to change my application and have it to be processed in the US Consular office (in my home country), instead of USCIS (which now I specified in DSP-122). Is it correct?

Thanks again for suggestions.

If you wish to change to CP, then you need to send an updated DSP 122 (selecting the US embassy in your home country) to KCC. You will also need to fill out DS-230 for yourself and your dependents (if you're married or have children - if they plan on benefitting from your selection) and send those off to KCC also.

 

[Sm1smom]

I have follow up question with regard civil documents preparation.

In the Instructions for Selectees page, the following documents are also mentioned: Marriage Certificate and Police Records.

However I did not see these two documents listed in the I-485 instruction. Does this mean they are also not required for AOS ?

( To avoid any possible risk, I may ask my families in my home country to prepare all documents. )

I am principal applicant, and my wife is applying AOS as F2 dependent.

Thanks again, mom and c1984

Regardless of whether one is doing CP or AOS, all married applicants MUST provide their marriage certificate. Police Certificate is not required for AOS, but it is required for CP.

Yes your family can assist with gathering some of the required documents but I believe you and all your dependents must be on the ground to get the PCC, (or your country doesn't use finger prints before issuing that?), and to undergo the medical exam - for CP.

Now I'm not quite sure about the second part of your post regarding your wife. Is she currently in the US on a dependent F2 visa and are you saying you plan on going home to do CP while she will do AOS? Isn't the expiration date of her F2 tied to yours? Also, are you aware her visa MUST be issued by the end of the 2014 FY, that is Sept 30th?

 

[llbk32]

There are two options:
1. Graduate this semester and apply for OPT immediately, hoping to get approved by January/February (which is reasonable), then adjust the status. Even if the CIS is outrageously backlogged for I-765 and take 6 months, you'll get your OPT EAD in May, which still gives you enough time to file I-485. This way you graduate sooner, can find a job sooner, and don't have to pay tuition for another semester. If for whatever reason DV doesn't work for you, you still have OPT to fall back on.
2. Graduate next semester and apply for AOS as soon as your CN is current. Since you predict that you'll be current around March / April, you have enough time. Even if the interviewing IO insists that you must be in status at the time of the interview, you can point out that as F-1 you have a 60-day grace period after completion date. This way is less involved because you change nothing, but it's slightly less safe. DV AOS takes about 3 months on average, which means you have a very good chance to get GC in July. However, it could take as long as 6 months, so you'll be out of status and out of grace period by September; technically this is OK since you'd be in status at the time of filing, but it's still worrisome as an inexperienced IO can give you a hard time for it.

Thanks a lot Hexa.

This is how I felt about my possibilities: (correct me if I am wrong)
The first one involved OPT and AOS being processed at similar times and violation of non-immigration intent.

The second one is right at the edge. And with my luck (except for the luck that selected me for DV) I have some hard time trusting it

If I could not get an interview by the end of May, and if I apply for masters will that make me "in status" for the interview? I am planning to apply masters in the same school I am now (no GRE required) if that would help. Sorry to consume your time with such question.

Thanks again.

 

[dvlottery2014]

"N/A" vs "None" vs "Leave Blank"

I am preparing my AOS package to send to Chicago lockbox on Monday.
ON forms like G-325A and others where I have field like Middle name, A# etc. (dont have either), should I leave them blank or write N/A or None?

I know it's a trivial question but wanted to make sure.
Thanks.

 

[b6501119]

If you wish to change to CP, then you need to send an updated DSP 122 (selecting the US embassy in your home country) to KCC. You will also need to fill out DS-230 for yourself and your dependents (if you're married or have children - if they plan on benefitting from your selection) and send those off to KCC also.

I am a little bit confused about the DS-230, since I have already sent it for myself and my wife to KCC, along with DSP 122 (selecting USCIS). If I would like to send an updated DSP-122 in the future (given extension of I-20 not successful), do I need to send DSP-230 again?

Thanks again for your clarification, mom.

 

[b6501119]

Now I'm not quite sure about the second part of your post regarding your wife. Is she currently in the US on a dependent F2 visa and are you saying you plan on going home to do CP while she will do AOS? Isn't the expiration date of her F2 tied to yours? Also, are you aware her visa MUST be issued by the end of the 2014 FY, that is Sept 30th?

Sorry about creating more confusion. My wife is physically in US with me since my first day in graduate school, as F2 dependent.
Therefore her I-20 extension tied to mine, and we will do either AOS or CP together, conditional on how I-20 extension goes.

And by the way, we have a child born here, so our child has US citizenship for sure.
I don't know if that will create any problem, either during AOS or CP.

Thanks again, mom.

 

[Sm1smom]

I am preparing my AOS package to send to Chicago lockbox on Monday.
ON forms like G-325A and others where I have field like Middle name, A# etc. (dont have either), should I leave them blank or write N/A or None?

I know it's a trivial question but wanted to make sure.
Thanks.

For the middle name, leave it blank. Yes, I know the general says to not leave any section blank, but it's ok to leave the middle name blank, you don't want to end up with an interview letter addressed to you as: MR/MS/MRS: FIRST NAME, NONE, FAMILY NAME As outrageous as that may sound, someone doing CP sent in their forms to KCC and put "NONE" in the middle name section, the interview letter came back addressed to the person with "NONE" as part of the name.

For the A#, you can simply type in 000-0000-000 or leave it blank too. Use your discretion between using N/A and NONE in other sections of the form not applicable to you.

 

[Sm1smom]

I am a little bit confused about the DS-230, since I have already sent it for myself and my wife to KCC, along with DSP 122 (selecting USCIS). If I would like to send an updated DSP-122 in the future (given extension of I-20 not successful), do I need to send DSP-230 again?

Thanks again for your clarification, mom.

Ok, I had no idea you already included DS-230 for yourself and your wife, so you don't need to send updated copies again. I made my initial assumption because DS-230 is not required for AOS.

Sorry about creating more confusion. My wife is physically in US with me since my first day in graduate school, as F2 dependent.
Therefore her I-20 extension tied to mine, and we will do either AOS or CP together, conditional on how I-20 extension goes.

And by the way, we have a child born here, so our child has US citizenship for sure.
I don't know if that will create any problem, either during AOS or CP.

Thanks again, mom.

Thanks for the clarification. Your child's citizenship will not negatively impact your processing, be it AOS or CP, so nothing to worry about along that line.

 

[b6501119]

Ok, I had no idea you already included DS-230 for yourself and your wife, so you don't need to send updated copies again. I made my initial assumption because DS-230 is not required for AOS.

When I first realized that I was selected for DV-2014, I was in such a hurry to send out both DSP-122 (selecting USCIS) and DS-230s, but not paying attention to that DS-230 is not required for AOS.

I am now a little bit worried if KCC may get confused when they receive my documents, since I have not yet heard from them through email. (I know I need to be patient) My plan is still to do AOS, and doing CP as backup.

Thank you for your clarification, mom.

 

[Sm1smom]

When I first realized that I was selected for DV-2014, I was in such a hurry to send out both DSP-122 (selecting USCIS) and DS-230s, but not paying attention to that DS-230 is not required for AOS.

I am now a little bit worried if KCC may get confused when they receive my documents, since I have not yet heard from them through email. (I know I need to be patient) My plan is still to do AOS, and doing CP as backup.

Thank you for your clarification, mom.

Relax and stop stressing, including the DS-230 form isn't going to create any confusion as long as you specially indicated either USCIS or BCIS on the section asking about where you would like to be interview. How long has it been since you sent in your forms?

 

[b6501119]

Relax and stop stressing, including the DS-230 form isn't going to create any confusion as long as you specially indicated either USCIS or BCIS on the section asking about where you would like to be interview. How long has it been since you sent in your forms?

Thanks again mom. It's been only one week since I send out my DSP-122 and DS-230, so I know I need to wait a few more weeks.

In the meanwhile I think I can go ahead to do medical exam, since its valid for one year. I want to plan ahead, that will make me feel less stressful

 

[Sebastiansmom]

This forum has been extremely helpful! I got my second nl from kcc a couple days ago.
My case number is as000220xx. I have questions that I'm hoping you guys can help with.
1. I'm an f1 holder, just graduated in May 2013 (wasn't even aware of being a selectee when I graduated),so I didn't chose to prolong my studies. I have a doctoral degree from US university. Currently on OPT that expires early July 2014. I'm aware that there's a 60 day grace period after that to adjust status or to leave the country. If my number becomes current after OPT expires but still within the grace period, as long as I filed the i485, I should still be in status?
2. My local uscis office in miami has a super long i485 processing time... Should I be concerned?
3. I wonder if there's ever a case where Asian number just never became current? Once ur number is current, most likely u will get an interview hence the visa, right? Unless there's something obviously wrong or missing in the application package?

Thanks in advance! Good luck to all

 

[dvlottery2014]

Cross Chargeability - Any special instructions ?

In our AOS application, my wife is the primary applicant and she used my country of birth as chargeability, her COB is ineligible. For this cross -chargeability case, as per 9 FAM 42.33 N4.2 (from State dept.) rule, we should have been married before the submission entry, which is met in our case. We got married in 2007 and submitted entry in Oct 2012. We are submitting our Marriage cert. , my birth cert etc.... any other instructions or things we need to highlight in our AOS application?

 

[llbk32]

It suffices to be in legal status only at the time of I-485 "acceptance."

If you are at the stage that you can file I-485, you don't need to apply for OPT just to maintain legal status. You'll be in legal status "pending I-485". Of course the risk you'll be taking up is that if for any reason I-485 is rejected, you'll lose legal status immediately with no fall back status.

Hi, and first thanks to both of you.

My I20 expires on May 15, 2014 as well but I anticipate my CN 36XX to be current around Feb/March. These couple of days, I have been stressing about my status after May 15. By then, I think my AOS/I-485 will be in "processing". After reading all these post, OPT is out of question. I extended my graduation until next semester and next semester will be my last as I am taking part-time credit hours only.

Will "pending I-485" status good enough to appear in interview? Do I have any other choice?

Thank you for your time.

 

[Britsimon]

In our AOS application, my wife is the primary applicant and she used my country of birth as chargeability, her COB is ineligible. For this cross -chargeability case, as per 9 FAM 42.33 N4.2 (from State dept.) rule, we should have been married before the submission entry, which is met in our case. We got married in 2007 and submitted entry in Oct 2012. We are submitting our Marriage cert. , my birth cert etc.... any other instructions or things we need to highlight in our AOS application?

Cross chargeability doesn't require any special instructions as such - except don't get it wrong! In your case it sounds like you did it exactly right - so it will not be any issue...

 

[Sm1smom]

This forum has been extremely helpful! I got my second nl from kcc a couple days ago.
My case number is as000220xx. I have questions that I'm hoping you guys can help with.
1. I'm an f1 holder, just graduated in May 2013 (wasn't even aware of being a selectee when I graduated),so I didn't chose to prolong my studies. I have a doctoral degree from US university. Currently on OPT that expires early July 2014. I'm aware that there's a 60 day grace period after that to adjust status or to leave the country. If my number becomes current after OPT expires but still within the grace period, as long as I filed the i485, I should still be in status?
2. My local uscis office in miami has a super long i485 processing time... Should I be concerned?
3. I wonder if there's ever a case where Asian number just never became current? Once ur number is current, most likely u will get an interview hence the visa, right? Unless there's something obviously wrong or missing in the application package?

Thanks in advance! Good luck to all

My guess is you should be ok if you file while you're within your 60 days grace period, but you need to be aware that in order for you to still be considered to be within status, an acceptance notice from USCIS must be received before the 60 days grace period expires. If you file and an acceptance notice is not received by the end of your 60 days grace period then you will be out of status.

 

[Sm1smom]

In our AOS application, my wife is the primary applicant and she used my country of birth as chargeability, her COB is ineligible. For this cross -chargeability case, as per 9 FAM 42.33 N4.2 (from State dept.) rule, we should have been married before the submission entry, which is met in our case. We got married in 2007 and submitted entry in Oct 2012. We are submitting our Marriage cert. , my birth cert etc.... any other instructions or things we need to highlight in our AOS application?

No, there's nothing specific that you need to do or highlight in your AOS package

 

[Sebastiansmom]

My guess is you should be ok if you file while you're within your 60 days grace period, but you need to be aware that in order for you to still be considered to be within status, an acceptance notice from USCIS must be received before the 60 days grace period expires. If you file and an acceptance notice is not received by the end of your 60 days grace period then you will be out of status.

Thanks a lot! I'm actually more stressed about this after finding out that I was a selectee. Lol. I should just chill...

 

[c1984]

Mailed the package to Chicago LockBox. Hopefully by now they are well familiar with the early filing for the advance notification.

And now the waiting game begins