DV 2016 AOS Only

gnuiorc

New Member
#3
Hi,
I post my question here, because I believe it could relate to AOS anyway.
I (my spouse / from now on I will say "I") got an EU181xx.
But on October 1st I will be back in US with a new H-1B VISA (I already had one between 2006 and 2013).
My wife will be there too, because she has an F1 VISA, and as well our 2 babies (the first one is US born - I guess she needs nothing - and 2 second one, born in EU, as a dipendent of either one of us).
Can we somehow change our Post from EU to US, so that we don't have to travel all together back to EU?
Therefore, somehow change our EU181xx to AOSxxxxx?

Thank you in advance,
Gio

P.S. Actually I want to add some details;
My wife is on F1 since 2007.
I got my H-1B approved on May 5th 2015, (same day as the DV lottery! :) ).
Do we have to consider ourselves as AOS?
Do we need to change our status because we have VISAs, right?
When we applied for DV2016 our residency was not in US but in EU, I had no VISA at the moment while my wife was on F1.
 
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Sm1smom

Super Moderator
#5
Hi,
I post my question here, because I believe it could relate to AOS anyway.
I (my spouse / from now on I will say "I") got an EU181xx.
But on October 1st I will be back in US with a new H-1B VISA (I already had one between 2006 and 2013).
My wife will be there too, because she has an F1 VISA, and as well our 2 babies (the first one is US born - I guess she needs nothing - and 2 second one, born in EU, as a dipendent of either one of us).
Can we somehow change our Post from EU to US, so that we don't have to travel all together back to EU?
Therefore, somehow change our EU181xx to AOSxxxxx?

Thank you in advance,
Gio

P.S. Actually I want to add some details;
My wife is on F1 since 2007.
I got my H-1B approved on May 5th 2015, (same day as the DV lottery! :) ).
Do we have to consider ourselves as AOS?
Do we need to change our status because we have VISAs, right?
When we applied for DV2016 our residency was not in US but in EU, I had no VISA at the moment while my wife was on F1.
Yep, you should be eligible to file AOS. You just have to hold off from submitting your DS-260 form until after you both get back to the US.
 
#6
Hi there!

I was selected today as a DV Lottery winner. I currently reside in the USA on an E-3 visa (I'm an Aussie citizen). My E-3 isn't due for renewal until January of 2017 (but my Australian passport needs to be renewed in November as it will only have 6 months remaining on it then). I was also given a fairly low case number for the Oceania region in the mid one hundreds.

I'm confused - I've read that since I already live in the USA on a nonimmigrant visa, I can apply to adjust my status through USCIS by completing a I-485 form, however, when I look at the I-485 form requirement instructions (screen grab below), it says "Who Is Not Eligible to Adjust Status?" and then point #9 says... "You have A, E or G nonimmigrant status..." Does that rule out E-3 visa holders from adjusting their status through USCIS? If so, does this mean I just follow the regular DV Lottery steps?

If I do take the CP route, does that mean I have to go back to Australia for my interview/application?

Does the AOS take longer? Is it more difficult to complete? I'm so confused! Any help would be appreciated. Thank you in advance :)

BTW - your Google Doc is AWESOME!

 
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gnuiorc

New Member
#7
Yep, you should be eligible to file AOS. You just have to hold off from submitting your DS-260 form until after you both get back to the US.
Thank you, Sm1smom.
This will happen only after October 1st: can we submit our DS-260 so late?
Isn't it going to have an impact on our date for the interview?
My spouse is the selectee, and she is on a F1 VISA at the moment (and actually she is NYC these days): isn't this enough for her to change to AOS without waiting October 1st when my H-1B VISA will kick-in and we will all move back to US?

Ciao,
Gio
 

Sm1smom

Super Moderator
#8
Hi there!

I was selected today as a DV Lottery winner. I currently reside in the USA on an E-3 visa (I'm an Aussie citizen). My E-3 isn't due for renewal until January of 2017 (but my Australian passport needs to be renewed in November as it will only have 6 months remaining on it then). I was also given a fairly low case number for the Oceania region in the mid one hundreds.

I'm confused - I've read that since I already live in the USA on a nonimmigrant visa, I can apply to adjust my status through USCIS by completing a I-485 form, however, when I look at the I-485 form requirement instructions (screen grab below), it says "Who Is Not Eligible to Adjust Status?" and then point #9 says... "You have A, E or G nonimmigrant status..." Does that rule out E-3 visa holders from adjusting their status through USCIS? If so, does this mean I just follow the regular DV Lottery steps?

If I do take the CP route, does that mean I have to go back to Australia for my interview/application?

Does the AOS take longer? Is it more difficult to complete? I'm so confused! Any help would be appreciated. Thank you in advance :)

BTW - your Google Doc is AWESOME!

Did you see the "exception clause" under the A, E, G, visa eligibility category? :rolleyes: That means you're eligible to adjust status even if you presently hold an A, E, G, visa under the condition that you also file an I-508 or I-566 as applicable.

With your low CN, that means your number should be current in Oct 2015, which means you can submit your I-485 package by Oct. 1st. The 6 month validity of your current passport is irrelevant.

However if you opt for CP, then yes you will need to go back to Australia for your medical and interview in October. An October interview is not guaranteed for AOS, but it's not something I would worry about if I was in your shoes. You should however take another look at the spreadsheet, a comparison of the CP and AOS process has be listed on it.
 
#9
Did you see the "exception clause" under the A, E, G, visa eligibility category? :rolleyes: That means you're eligible to adjust status even if you presently hold an A, E, G, visa under the condition that you also file an I-508 or I-566 as applicable.

With your low CN, that means your number should be current in Oct 2015, which means you can submit your I-485 package by Oct. 1st. The 6 month validity of your current passport is irrelevant.

However if you opt for CP, then yes you will need to go back to Australia for your medical and interview in October. An October interview is not guaranteed for AOS, but it's not something I would worry about if I was in your shoes. You should however take another look at the spreadsheet, a comparison of the CP and AOS process has be listed on it.
Thank you so much - I've just started filling in my DS-260 online and it had a section for me to tick for AOS :) I'm glad I don't have to leave the US, that would have proved troublesome during that period. So I should just file an I-508 or I-566 as applicable then! Perfect - thank you!

One last question - are you allowed to travel overseas for leisure/work as all of this is taking place?
 

Sm1smom

Super Moderator
#10
Thank you, Sm1smom.
This will happen only after October 1st: can we submit our DS-260 so late?
Isn't it going to have an impact on our date for the interview?
My spouse is the selectee, and she is on a F1 VISA at the moment (and actually she is NYC these days): isn't this enough for her to change to AOS without waiting October 1st when my H-1B VISA will kick-in and we will all move back to US?

Ciao,
Gio
- Yes the DS form can be submitted "late" for AOS. Date of submission doesn't matter for AOS, it's those processing CP that need to be concerned about when the DS form gets submitted.
- No, it will not impact the interview date, KCC will not be processing your form for AOS nor scheduling your interview.
- I guess since your spouse is the main selectee and she's already in the U.S., you guys can go ahead and submit the DS forms in that case. It was out of concern for her that I suggested waiting until you enter the U.S. since her F1 visa is not a dual intent visa which is not the same case with your H1B. So yes, she can go ahead and submit the forms. But bear in mind though once she submits the form, it's not advisable for her to travel out of the U.S. before the process completes unless she plans on coming back with a H-4 visa.
 

Sm1smom

Super Moderator
#11
Thank you so much - I've just started filling in my DS-260 online and it had a section for me to tick for AOS :) I'm glad I don't have to leave the US, that would have proved troublesome during that period. So I should just file an I-508 or I-566 as applicable then! Perfect - thank you!

One last question - are you allowed to travel overseas for leisure/work as all of this is taking place?
Not a good idea to travel out once the I-485 is submitted unless you have an approved AP (Advanced Parole) card on hand, which you will be filing along with your I-485.
Caution: don't be in too much of a hurry to submit the DS-260 form, be sure to pay close attention to it so you don't have to do a back and forth with KCC trying to get it unlocked and make corrections.
 
#12
1. I am on F1 OPT. What does Dual Intent mean? Can I travel until I apply submit the AOS package?
2. I do have Employment Authorization Document, also SSN. Which of the forms can I omit?
3. My case number is in early AF00020000s. When should I expect to go ahead?
4. On my birth certificate, I have my biological mother's name listed, on my passport I have my mother's name listed. What name should I use in filling out forms?
5. On my birth certificate, my place of birth is 'Bo, Sierra Leone'; on my passport my place of birth is 'Freetown, Sierra Leone'. What should I use in filling out forms?
 

Sm1smom

Super Moderator
#14
1. I am on F1 OPT. What does Dual Intent mean? Can I travel until I apply submit the AOS package?
2. I do have Employment Authorization Document, also SSN. Which of the forms can I omit?
3. My case number is in early AF00020000s. When should I expect to go ahead?
4. On my birth certificate, I have my biological mother's name listed, on my passport I have my mother's name listed. What name should I use in filling out forms?
5. On my birth certificate, my place of birth is 'Bo, Sierra Leone'; on my passport my place of birth is 'Freetown, Sierra Leone'. What should I use in filling out forms?
1. Dual Intent means entering the U.S. with a NIV (a temporary status) and having an intention seeking a permanent stay through legal means late. F1 visa is not a dual intent visa, while a H1B or L1 visa is a dual intent visa. Yes you can travel out but bear in mind that re admission is at the discretion of the CBP officer.
2. You can omit the I-765
3. AF20000 could possibly become current between December 2015 and February 2016, I don't know for certain. As to when to begin the process based on this? It's your call, but you might want to go over the AOS spreadsheet for guidance.
4. I'm not sure what your trying to say here - your biological mom and your mom?
5. Go with what's on your B/C
 
#15
Hi,

I was selected as a 2016 DV Lottery winner. I currently live in the US with H4 visa. My husband has H1B visa and our current visa's end date is November 2016.

Is this enough for us to change to AOS without waiting October 1st 2015? If we submit DS 260 forms in May or June, do we still need wait the October 1st 2015 for processing?

My CN is EU00004XXX. If we have to wait till October 1st. As I understand correctly this is similarly low number and there are good chances that I will be able to send my files on October??


Thanks for your kind helps.
 

Sm1smom

Super Moderator
#16
My wife sent me this link: we are trying to decide if we have to go with AOS or CP...

http://www.immihelp.com/greencard/adjustment-of-status-vs-consular-processing.html

In particular they say this:
========
Consular processing has a much shorter processing time of around 4 to 6 months, compared to several years in Adjustment of Status.
========

Is this true? Really??!? Years? :-(

Ciao,
Gio
Not quite accurate, plus most of the information on that link does not pertain to DV based AOS, so you guys should be careful with the sources you're consulting. Frankly speaking, and at the risk of sounding like I'm thumping my own chest, almost everything you need to know regarding DV based AOS is on the spreadsheet link I referenced in my first post on this Thread. A comparison of the CP and AOS process/timeline is also on the spreadsheet.

So R.E.A.D. T.H.E. S.P.R.E.A.D.S.H.E.E.T!
 
#17
1. Dual Intent means entering the U.S. with a NIV (a temporary status) and having an intention seeking a permanent stay through legal means late. F1 visa is not a dual intent visa, while a H1B or L1 visa is a dual intent visa. Yes you can travel out but bear in mind that re admission is at the discretion of the CBP officer.
2. You can omit the I-765
3. AF20000 could possibly become current between December 2015 and February 2016, I don't know for certain. As to when to begin the process based on this? It's your call, but you might want to go over the AOS spreadsheet for guidance.
4. I'm not sure what your trying to say here - your biological mom and your mom?
5. Go with what's on your B/C
4. passport has the name of my step mother, birth certificate has the name of my biological mother. which name should I use on forms?
 

Sm1smom

Super Moderator
#18
Hi,

I was selected as a 2016 DV Lottery winner. I currently live in the US with H4 visa. My husband has H1B visa and our current visa's end date is November 2016.

Is this enough for us to change to AOS without waiting October 1st 2015? If we submit DS 260 forms in May or June, do we still need wait the October 1st 2015 for processing?

My CN is EU00004XXX. If we have to wait till October 1st. As I understand correctly this is similarly low number and there are good chances that I will be able to send my files on October??

Thanks for your kind helps.
Congratulations on your selection and yes indeed, you have a low CN which should possibly become current in October 2015. You cannot file for adjustment prior to the beginning of your applicable Fiscal Year, so since the DV2016 FY starts in October, that's the earliest it is advisable for you to file, regardless of when you submit your DS-260 form.

Spend sometime to go over the AOS spreadsheet referenced in post one, you will get a better understanding of the process.
 

Sm1smom

Super Moderator
#19
4. passport has the name of my step mother, birth certificate has the name of my biological mother. which name should I use on forms?
A slightly tricky situation we have here - which of them do you consider to be your mom? If you have the opportunity of sponsoring one of them as your 'mom', which one will it be?
 
#20
Thanks so much for that awesome spreadsheet, very much appreciated.

I put my daughter on my diversity visa application, just to be on the safe side. She was born here in the US, so is already a citizen. I assume I still have to fill out her DS260 as she's listed on the application?
 
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