Sm1smom
Super Moderator
You are in the US on a F1 visa for the purpose of studying so your primary occupation has to be student!
DV 2015 AOS Only
- Thread starter Sm1smom
- Start date
You are in the US on a F1 visa for the purpose of studying so your primary occupation has to be student!
Britsimon
Super Moderator
I read your post several times. I kept getting stuck on "Management Information Systems". Are you teasing me with these questions?
Thank you, Mom!
Sorry, I don`t understand your question. And thank you for your patience!
Hello everyone,
I appreciate your help in this matter , especially our expert Mom!
10 years ago: I got a green card from my father . I had several trips back and forth to US but I couldn't stay in US permanently because I was in medical school back in my country . As I was out of US more than 2 yrs. I had to apply for an SB1 visa through the embassy , got denied and lost my green card.... I even hired a lawyer!
2 years ago: Got in again on a research J1 visa which is not subject to the 2 yr home residency rule.
1 year ago: I got selected for DV 2015 (AS 7xxx). I am currently here in US continuously since then and have submitted my DS260 with no response yet from KCC.
In the meanwhile I am almost accepted to start my "residency in medical post graduate training" here in US on Jul 1st , a very strict deadline that I should have a valid EAD by THEN . I have only 2 options legally as far as I know .The visa for medical training should be either:
1. A transfer from research J1 to clinical J1 which is subject to the 2 year home residency rule and does not allow any kind of AOS before I have fulfilled the 2 yr home residency waiver. This means that I will lose my DV selection and have to go back to my country for 2 years after finishing my medical training ... I DO NOT WANT THIS TO HAPPEN.
2. Wait until I get my green card or at least EAD/AP before starting my medical training by Jul 1st. Basically doing AOS from my current research J 1 to green card which is allowed by law.
CP is out because my country embassy has some specific issues delaying the procedure.
H1B visa is out because my hospital does not sponsor it.
EB/O visa is out because I do not have such a great CV to apply for that.
Now the problem is that the way that I see the CN are becoming current at best my CN will become current around JUN/JUL/AUG. The 60-90 days to get the EAD after that makes it around Aug/Sept the earliest time that I will have my EAD or green card . My university program WILL NOT wait for an applicant who is absent for more than 3 weeks.
Is there any way to expedite the AOS processing even when my CN is not current yet? Under severe hardship things like this?
Is there any way to remove that 60-90 day period which takes time for EAD to be issued?
Is my previous green card going to hinder the process in any way?
Any advice?
To sum it up , I must have a valid EAD in my hand by July or I will lose either my DV selection or university position....
HELP...
I appreciate your help in this matter , especially our expert Mom!
10 years ago: I got a green card from my father . I had several trips back and forth to US but I couldn't stay in US permanently because I was in medical school back in my country . As I was out of US more than 2 yrs. I had to apply for an SB1 visa through the embassy , got denied and lost my green card.... I even hired a lawyer!
2 years ago: Got in again on a research J1 visa which is not subject to the 2 yr home residency rule.
1 year ago: I got selected for DV 2015 (AS 7xxx). I am currently here in US continuously since then and have submitted my DS260 with no response yet from KCC.
In the meanwhile I am almost accepted to start my "residency in medical post graduate training" here in US on Jul 1st , a very strict deadline that I should have a valid EAD by THEN . I have only 2 options legally as far as I know .The visa for medical training should be either:
1. A transfer from research J1 to clinical J1 which is subject to the 2 year home residency rule and does not allow any kind of AOS before I have fulfilled the 2 yr home residency waiver. This means that I will lose my DV selection and have to go back to my country for 2 years after finishing my medical training ... I DO NOT WANT THIS TO HAPPEN.
2. Wait until I get my green card or at least EAD/AP before starting my medical training by Jul 1st. Basically doing AOS from my current research J 1 to green card which is allowed by law.
CP is out because my country embassy has some specific issues delaying the procedure.
H1B visa is out because my hospital does not sponsor it.
EB/O visa is out because I do not have such a great CV to apply for that.
Now the problem is that the way that I see the CN are becoming current at best my CN will become current around JUN/JUL/AUG. The 60-90 days to get the EAD after that makes it around Aug/Sept the earliest time that I will have my EAD or green card . My university program WILL NOT wait for an applicant who is absent for more than 3 weeks.
Is there any way to expedite the AOS processing even when my CN is not current yet? Under severe hardship things like this?
Is there any way to remove that 60-90 day period which takes time for EAD to be issued?
Is my previous green card going to hinder the process in any way?
Any advice?
To sum it up , I must have a valid EAD in my hand by July or I will lose either my DV selection or university position....
HELP...
Sm1smom
Super Moderator
1. Unfortunately nothing can be done until the VB indicates your CN as being current. So assuming the VB shows your CN as current in June, you will be able to submit your AOS package in April (the advanced notification section of the VB will have information with regards to the current numbers for June). Which means you can possibly get your EAD card before the residency program starts.
2. None that I know of.
3. The previous GC shouldn't impact the new application, of course they could possibly ask for an explanation of what lead to the loss.
If your CN becomes current in July or August, you probably will not have the EAD card prior to the start of your residency program, it however doesn't mean you will loose out on your DV selection either. But of course I don't know the expiration date of your current visa. If you get to submit your AOS package before your current status expires, you will be okay, except for not being able to start the residency program in July.
ndubs
Active Member
Hi Mom/Simon - I have been checking daily since my last visit, for infopass appts with no luck, until today I got one first thing in the morning on 18th Feb..my last info pass was on 22nd Jan - I know is not quite the 30 days that the Officer told me to wait, so I'm wondering if the 18th will be too early to go back in for another infopass? I just don't want to go all the way there only to receive the "we told you to wait 30 days and there are still 4 days left" attitude..what do you suggest? Should I cancel this and take the next one I find that is on/after the 22nd Feb? It just seems so hard to get these appts so I'm not sure what to do..
Sm1smom
Super Moderator
Keep the date.
ArminJason
Member
Hi everyone,
I have a question regarding my girlfriend & I. We have been together since 2011 (that's when I moved to the US), we have joint bank accounts, we were on the same lease for 2 years, have a family mobile plan, we had joint car insurance until 6 months ago when she moved to Colorado (her professor switched schools), and even after she moved I'm paying for her car insurance. We decided that I apply as a single person to avoid problems with the process especially since she's moved to Colorado, but then our friends told us that if we don't apply together now, it will take her 2 years to get the green even though she's here on F-1 (I'm on H1b). So we thought that maybe we should get married and apply together.
I've already sent my documents to KCC and based on my case number I believe I'll become current in March (hopefully I'll be included in the advance cut-off), do you guys think that we get get married in the next week or so they will scrutinise and/or reject our case, or do you think we'll be okay given our history together and the on-going joint bank and mobile accounts.
Thanks for your help in advance.
P.S. If we get a print of our phone history we have a ton of phone calls and texts exchanged.
I have a question regarding my girlfriend & I. We have been together since 2011 (that's when I moved to the US), we have joint bank accounts, we were on the same lease for 2 years, have a family mobile plan, we had joint car insurance until 6 months ago when she moved to Colorado (her professor switched schools), and even after she moved I'm paying for her car insurance. We decided that I apply as a single person to avoid problems with the process especially since she's moved to Colorado, but then our friends told us that if we don't apply together now, it will take her 2 years to get the green even though she's here on F-1 (I'm on H1b). So we thought that maybe we should get married and apply together.
I've already sent my documents to KCC and based on my case number I believe I'll become current in March (hopefully I'll be included in the advance cut-off), do you guys think that we get get married in the next week or so they will scrutinise and/or reject our case, or do you think we'll be okay given our history together and the on-going joint bank and mobile accounts.
Thanks for your help in advance.
P.S. If we get a print of our phone history we have a ton of phone calls and texts exchanged.
omg after a hard day I finally got it approved 
I got a call from my IO in the morning that he'll have to reject my application because I sent my I-485 package too soon (I was current on October, sent it on September , 27,2014) I almost got panic attack ,but I told him about the new memo ( thank you s much for posting it here ) so IO ask me to come with it, So I rushed to the office but he already had it by the time I got there. IO was extremely nice , he said that he worked on my case all morning even while his boss told him to deny my case but finally I waited till he approved my file Any way Thank you so much for all the awesome service you all are doing on this forum
I got a call from my IO in the morning that he'll have to reject my application because I sent my I-485 package too soon (I was current on October, sent it on September , 27,2014) I almost got panic attack ,but I told him about the new memo ( thank you s much for posting it here ) so IO ask me to come with it, So I rushed to the office but he already had it by the time I got there. IO was extremely nice , he said that he worked on my case all morning even while his boss told him to deny my case but finally I waited till he approved my file Any way Thank you so much for all the awesome service you all are doing on this forum 
Ifitis2be
Active Member
Great, glad it worked out! Information & preparation is so key. Congrats!omg after a hard day I finally got it approved
Shaya88
New Member
omg after a hard day I finally got it approved
That is great! Congratulations!!
May I ask what memo you mentioned the IO about? Just trying to be prepared if somrthing similar happened for my case!
ndubs
Active Member
Ok I was hoping you would say the same, thanks!
ndubs
Active Member
omg after a hard day I finally got it approved
Congrats that's awesome and very lucky indeed, some don't always get the call from the IO beforehand even when it's their mistake! Glad it all worked out
Britsimon
Super Moderator
omg after a hard day I finally got it approved
Really, what a bunch of muppets. I love how they describe how they "worked on" the case all morning. All they had to do was read a memo available on the internet. They make it sound like they are doing you a favor. Makes me mad!
Glad you were prepared, and well done for fighting their ignorance. Enjoy!
Sm1smom
Super Moderator
Yes you guys can get married and apply together when your CN becomes current. No doubt, your relationship will be scrutinized just like any other marriage that occurs after the selection. However based on what you've stated, you guys shouldn't have an issue proving an existing relationship. You guys will need to make sure you use the same address on your I-485 and all other forms to be submitted to ensure you're interviewed together by the same FO, and to reduce suspicion of your relationship being viewed as a fake one. You will no doubt tell the IO about her current stay in Colorado, of course, if asked during the interview.
Sm1smom
Super Moderator
omg after a hard day I finally got it approved
That's fantastic. Congratulations!
ArminJason
Member
Thanks for the quick reply mom. Just one more question, do you think this is going to make the process longer? and if so, is there a chance of us not getting the greencard before September 30th?
Thanks again,
Sm1smom
Super Moderator
Adding a spouse does not necessarily slow down or make the process longer. What typically slows down the process is the background check meaning a couple that's been married for several years prior to being selected could get delayed same way a newly married couple would if there's an issue with their background checks.