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DV 2016 AOS Only

Mom
I met a lawyer yesterday to talk about my situation with my DV win. I planned to do a NIW GC and already hired a lawyer for it. So I asked about my new situation. He checked my number AS45XX and said you should get current around March/April 2016 and just hold off NIW filing as if during the interview by any chance FO saw a file in texas center he might say I dont have the complete file and need that file to make a decision (He said this is highly unlike scenario but it can happen). Then I asked if I didnt get DV GC (worst case scenario) then he said file I140 and I485 together so you can get the work permit. Is this a good advice?
 
kchemist said:
Mom
I met a lawyer yesterday to talk about my situation with my DV win. I planned to do a NIW GC and already hired a lawyer for it. So I asked about my new situation. He checked my number AS45XX and said you should get current around March/April 2016 and just hold off NIW filing as if during the interview by any chance FO saw a file in texas center he might say I dont have the complete file and need that file to make a decision (He said this is highly unlike scenario but it can happen). Then I asked if I didnt get DV GC (worst case scenario) then he said file I140 and I485 together so you can get the work permit. Is this a good advice?
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Yes, the scenario he painted could possibly happen. His advice sounds good to me.
 
Hi Mom,
I have 5 applicants in DS-260 home page (full family). But only 3 are applying for GC. Is it ok that 2 applications are in NOTE STARTED state? I mean, will the rest 3 completed applicants receive 2NL? Or it's necessary to fill those 2 not started applications just too for info?
I think that I have to fill only those application which goes to get GC, but need confirmation :)
 
tmy said:
Hi Mom,
I have 5 applicants in DS-260 home page (full family). But only 3 are applying for GC. Is it ok that 2 applications are in NOTE STARTED state? I mean, will the rest 3 completed applicants receive 2NL? Or it's necessary to fill those 2 not started applications just too for info?
I think that I have to fill only those application which goes to get GC, but need confirmation :)
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You're only required to fill out an individual DS-260 form for all the derivatives that will be applying for GC. Of course, family member is expected to be listed on your personal DS-260 form, there are sections on it where you will indicate who is processing as a derivative and who is not. Only the main selectee gets the 2NL, derivatives do not receive NLs.

If I may ask, why are the other 2 not processing? Have they aged out, or they're already USC/LPR?
 
My daughter is already a citizen, and appears as a derivative when I go to fill out the DS260. Do I need to contact KCC to have her removed from my application or will it just process mine and my husbands while she's still in "not started"?

Also, on my application, and my husbands, in the section where you list your children, there is a question asking if the child is immigrating with us to the US. I said yes, as she will be here with us, even though we already live here and she's already a citizen. Is that the correct answer based on our circumstances?

Thank you.
 
_sair_ said:
My daughter is already a citizen, and appears as a derivative when I go to fill out the DS260. Do I need to contact KCC to have her removed from my application or will it just process mine and my husbands while she's still in "not started"?

Also, on my application, and my husbands, in the section where you list your children, there is a question asking if the child is immigrating with us to the US. I said yes, as she will be here with us, even though we already live here and she's already a citizen. Is that the correct answer based on our circumstances?

Thank you.
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You should email KCC and explain the fact that your daughter is already a USC and would therefore not be processing as a derivative. This will ensure KCC releases your file when your FO requests for it, KCC has a habit of holding on to filed under the assumption that the complete DV fee hasn't been made.

For that section, the correct answer should be "No". Since your daughter is already a USC, she cannot be immigrating to the U.S.
 
Hello again, I am sorry that my first message might be longer than it should have been. If that was the case the moderator can remove it; it wouldn't bother me. Yet, I had some questions in the second paragraph; is there anyone who would help me with those? What about you, Mom? Any suggestions? They may sound stupid but I still try to understand whether I should know something else. It doesn't matter how much one reads, nothing can be like an experience. There are always more to learn. Any guidance would be appreciated. Kind regards...
 
Pamuk said:
Dear Mom,
This is my first time in the forum. First of all, I want to thank you all for your help. Your heart is so big that you love to help.

So, that was my story. And now I am here and I would like to learn more so I like to ask you some questions as we get closer to 2016 fiscal year, of course if that is fine with you.
My case number is 2016EU00001XXX. I checked the Visa Bulletin and according to statistics my number will be called in October 2015. I registered my DS-260 (for myself) in June 8 (a week ago). I waited because I wanted to learn more and I didn't want to make any mistakes filling the forms. As my husband is already a US citizen, I didn't ask him to send his DS-260; you also previously stated that kind of thing for some one else here in the forum; that US citizens don't need to do anything further. As I am here in the US now, I like to go through AOS, and again thank to your excel sheet. Now I am wondering how long it will take to receive my invoice number to make the payment for DS-260. Do I need to pay for affidavit of support (I-134), Would my situation be easy or difficult? As you see, I am a spouse of a US citizen; would this make things even harder? They might wonder why I didn't choose the marriage GC instead of the lottery. They might wonder why I waited that long (a year) while other people apply for GC right the next day? Please let me know if you have any suggestions regarding this matter, I would greatly appreciate them. I hope one day I can help others too.

Again, thank you so very much for your time and help, as well as your guidance that you may be able to provide. I also apologize very much for my long message.
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Phew! I don't think I've ever read such a long winded post before.

First of all, I should apologize for the fact that your post and the questions you raised seemingly got overlooked. But the truth is the fact that it was such a long post is partly to blame. Of course writing in smaller fonts (outside of the default forum font) didn't help either. Reading the post was rather tedious, I must confess.

Now to your questions:

It could take anywhere between 2 weeks to 2 months before KCC responds and acknowledge your decision to process AOS. You certainly don't need to wait to hear back from KCC before making the DV payment since your CN is rather low and could possibly become current in October. There's no invoice number required in order to make the DV payment, the only number you're required to list on the payment form is your CN.

There's no payment involved with filing an I-134. You just need someone to fill it out for you and you submit it with your I-485 package. Since USCIS is the one responsible for making the final disposition, no one here can tell you with certainty whether your case will be easy or difficult. However, being the spouse of a USC will be seen as a plus for you. You wouldn't be penalized for not going the family sponsored route, they really couldn't care less if you had filed immediately following your marriage or you waited for 5 years (for instance) before doing so. All they will be concerned about is the fact that you've been maintaining your status.

Please spend some time going over the spreadsheet again, there are several tabs on it with all the necessary information you'll need to go through the process.
 
Mom, thank you so much..! That helps a lot.

And I am sorry for such a long post; just wanted to lay out whole situation thinking that it would help.

Yes, I am certainly using the excel sheet; great help really. Again, thank you so much for your time and help...
 
nitzao said:
Hi mom :)

Will I be eligible to adjust my status under a j1 visa (internship) ?

Thank you
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Short answer: yes, a J1 visa holder is eligibile to adjust status. However, if you're under a 2 year home residency requirement, you'll need to obtain a waiver before you can file AOS, and you of course need to be in status when you file.
 
Sm1smom said:
Short answer: yes, a J1 visa holder is eligibile to adjust status. However, if you're under a 2 year home residency requirement, you'll need to obtain a waiver before you can file AOS, and you of course need to be in status when you file.
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What does that mean 2 year home residency ? If my internship goes over 2 years I need a waiver ?

Thank you for your help.
 
nitzao said:
What does that mean 2 year home residency ? If my internship goes over 2 years I need a waiver ?

Thank you for your help.
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Check your original J Visa sticker in your passport - if you are exempted from the home residency requirement it will state so on the visa.
 
Hi all,
First of all thanks a lot for this very useful forum.
I am currently under H1B and my wife is still leaving abroad and planning to come to the US under H4 in few month. I want to apply for AOS for both of us. I was wondering if I have to wait until she gets to the US to fill the DS260 or can I do it while she is still abroad. I imagine tough that I have to wait until she gets here to send my package to USCIS when my number get current ...
Many thanks for your help.
 
Mom,
I know that you don't recommend to send the application before Oct 1st if your number will become current in October. My last question about it is: Isn't it ok to send the application in September since October's cut-off numbers will be announced in Sept?

Thanks a lot.
 
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