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Dv 2014 DV Lottery winner, adjustment of Status (J1) or go back to France?

S

sepia

Registered Users (C)
Hello everyone,

First, thank you for your forum that is really helpful. I've read a bunch of messages but the process isn't clear enough for me.

I am a J1 holder from France who just won the visa lottery 2014EU0002XXXX. I am already in the US and don't have the 2 years rule applying.

Should I do the processing in the US or in France? What is the difference?
I am lost with the processing and don't want to loose my chances.
Also, I am getting married with my girlfriend soon (it was planned before I won the lottery). She also have a visa and is presently in the US. Can I get married in the US? When should I do it?

When can I hope getting the green card? My future wife visa is ending in November 2013.

Thanks by advance!
 
It depends when your J1 expires, and if you are in the low 20k's or high 20k's. AOS may take too long if you become current in May-June 2014. As far as marriage goes, you can do this in the US but you need to include her at some point to your application. It would be a good way for her to get a green card right away with yours. You'd better marry early, so your application can be updated in time. Best is to check with KCC for your particular case.
 
Hello House409, thank you for your answer!

I am in the low 20k's. My J1 will expire in September 2014 and my girlfriend's visa will expires in November 2013. I don't understand the processing. Should I wait that my number appears or do I have to send the papers right away?

Do I have to fill the DS-122 and DS-230 even if I do an adjustment of status?

If I understand well, I can either to a adjustment of status in the US or a consular processing in France or in the US? Do I need to get married before I send the first paperworks?

Thanks!
 
Well, if you plan to travel back to France regularly next year, I would go ahead with the Consular Processing. It may be a little risky to rely on USCIS processing time. Who knows today when the 20k series will be below the cutoff. You have normally until June 2014 to send the forms to KCC (contrary to popular belief, there is no such thing as first come first served with the paperwork sent to KCC - only your CN ranking matters - I would however not wait June 2014, and ). As long as you are not married, you must not put your future wife on your forms. If you get married before you send the forms, you need absolutely to add her. There is a field where you put your marriage date. KCC is clever enough to understand you got married in between.

If you prefer not to travel, ask your USCIS office about processing times. Note that if you send the files to KCC now, you kind of notify them of your intention to proceed with Consular Processing. I don't think you can change your mind and do AOS afterwards. A good question to ask them.

Bonne chance.
 
Guys, J1 visa if its without 2 year requirement, can be converted to GreenCard (if won DV lottery) without problems? I thought only H1b gives such opportunity, and J1 excludes any immigration intends..
Please correct me if I am wrong, because I need this information as well!!
 
sepia said:
Hello everyone,

First, thank you for your forum that is really helpful. I've read a bunch of messages but the process isn't clear enough for me.

I am a J1 holder from France who just won the visa lottery 2014EU0002XXXX. I am already in the US and don't have the 2 years rule applying.

Should I do the processing in the US or in France? What is the difference?
I am lost with the processing and don't want to loose my chances.
Also, I am getting married with my girlfriend soon (it was planned before I won the lottery). She also have a visa and is presently in the US. Can I get married in the US? When should I do it?

When can I hope getting the green card? My future wife visa is ending in November 2013.

Thanks by advance!
Click to expand...

You should really read the whole DV2014 AOS thread and then post questions if you still have any. What is your GF's visa? If you get married now, she could get into J2 before her visa expires. Otherwise she has to leave, or extend her original visa. 2Xxxx is kinda high, you may have to wait until next summer either for CP or AOS.

And remember, marriages after winning lottery are scrutinized, so you should be ready to show proof of your prior relation.
 
lightL said:
Guys, J1 visa if its without 2 year requirement, can be converted to GreenCard (if won DV lottery) without problems? I thought only H1b gives such opportunity, and J1 excludes any immigration intends..
Please correct me if I am wrong, because I need this information as well!!
Click to expand...

Please read the you-know-what thread. There is no "conversion", anybody can apply, whether it is granted depends on many factors, but in general there is no categorical problem in getting DV GC on J1 visa. There might be consequences if one fails to get the GC though.
 
Yes, I have read it, but there it was discussed case with 2 year home requirement, i thought maybe if such requirement isn't present, it will be easier..
 
lightL said:
Yes, I have read it, but there it was discussed case with 2 year home requirement, i thought maybe if such requirement isn't present, it will be easier..
Click to expand...

If you don't have 2 year residency requirement, then you don't need to worry about getting the waiver, so yes, it will be easier for you in the sense that you won't have to wait for the waiver, and you won't have to worry about not being able to extend DS2019 because of waiver. But everything else still applies, including the intent. If you leave US during the process (CP or AOS) you may have difficulty to get back in, or to get another J1 visa, or even inside US to get a regular extension. You should discus these options with the international advisor in your institution.

These things depend very much on one's circumstances, all we are saying is that there is a possibility of things going south, so your decisions should be based on all available information.
 
Thank you very much guys, it is really helpful. I red a lot of the AOS 2013 topic and learned a lot.

Actually, I had my J1 visa 2 days before the DV lottery results for 18 months (until december 2014) and my girlfriend is under OPT status until November 2013. If I understand well, my girlfriend, who is under OPT status until November 2013, won't have the receive the GC on time.

- She needs either to do another visa, ask for a J2, go back to France or can she ask for an EAD for after november? Is it a problem if she applies for a non-immigrant visa whereas she will be applying for the green card? (it's contradictory).
- I red that it's better to wait 1 or 2 months before sending any immigration papers. Is that right?
- Do we have to do both AOS or CP or can I do a AOS and her a CP?
- I need to travel outside from the US for my job, would that be a problem?
- I also red that I risk to loose my J-1 visa if my green card is denied under CP. Is that right?

My thinking is that I should do the AOS process my CN is not too high (in the early 20K's) and it seems to be better in case my Greencard is denied. However, I don't know what to do for my future wife.

So many questions, I am sorry
 
I will go with the consular processing to be sure I have the GC on time but I still have some concerns about my future wife.

She needs to apply for a J-2 visa and then ask for a EAD. Should I wait 2 months after she gets the EAD or after she asks for the J2? By asking for a J-2 she shows her intent to not immigrate right. Before what date should I sent the papers?

Is it better to include her later in the process? I want to make sure I don't comprime my chances to get the GC.
 
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