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DV 2016 AOS Only

Britsimon said:
You know there is already an excellent list in the spreadsheet that Mom has linked from the first post of this thread? It has worked for hundreds, perhaps thousands of AoSers - you should take a look at it.
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Thanks Britsimon. You are absolutely right and that spreadsheet is my bible! ;)
In fact, I generated this shortlist based on Mom's spreadsheet and added a few things there. Was thinking that having it in a shortlist form can come very handy and also if anyone has any suggestion about any additional document.
 
Hi. I have a number af29***, I submitted my DS260 form last month under AOS since i already live in the US. The predicament I have right now is that I recently got engaged and we are planning our traditional marriage with my partner who is based in Europe (though African) this December. My question is, will it be still possible for me to add him after Dec or its already too late? I also don't wanna risk chance of getting rejected and right now don't know how best to navigate this situation.
 
MassiTX said:
Thanks Britsimon. You are absolutely right and that spreadsheet is my bible! ;)
In fact, I generated this shortlist based on Mom's spreadsheet and added a few things there. Was thinking that having it in a shortlist form can come very handy and also if anyone has any suggestion about any additional document.
Click to expand...

I honestly wasn't going to comment on your list when I first saw it, but then I came back to see Simon's comment and your response about trying to make yours a 'shortlist' of what already exists. So how is this a short list, considering you've clearly stated you've added more to it? Am I missing something in my interpretation?

As a matter of fact, are you aware of how easily your 'shortlist' could possibly end up misleading some students processing AOS? You've gone ahead and listed optional forms like they are required and you're hoping people could be directed to the list. Forms I-131 and I-765 are completely optional. Personally, I wouldn't even encourage anyone on a non-dual intent visa to apply for an AOS based EAD card (same with the AP card) unless the applicant thinks it is absolutely necessary. Are you aware, for instance, if someone on a F1 visa uses an AOS EAD card to take up authorized employment, and for some reason isn't able to complete the AOS process before the end of the FY, the person cannot revert back to their previous F1 status and they can no longer continue with that job? Also, using an AP card to travel during the process automatically puts the user in what is known as adjustment pending status, the user is no longer in whatever visa status they were prior to traveling out.

Considering the fact that the AP/EAD card processing takes about 3 months, typically the same time it takes to get the GC, most DV based AOSers have come to realize those cards were not even necessary to start with. In addition, we had reports of a few cases that got delayed because their FO was waiting for NBC to send over their file containing information about these benefits that they've applied for. My take, unless someone knows they're most likely going to be traveling out of the U.S. following the submission of their petition (something I wouldn't even do unless it's a matter of life and death, or strictly work related), the AP card isn't going to serve any good purpose.
 
tash17 said:
Hi. I have a number af29***, I submitted my DS260 form last month under AOS since i already live in the US. The predicament I have right now is that I recently got engaged and we are planning our traditional marriage with my partner who is based in Europe (though African) this December. My question is, will it be still possible for me to add him after Dec or its already too late? I also don't wanna risk chance of getting rejected and right now don't know how best to navigate this situation.
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Yes, you can add our spouse in December. But the real question is: do you get issued with a marriage certificate based on your traditional marriage? If no marriage certificate, then you can't really list him as your spouse for immigration purpose. Since you're already based in the U.S., is the plan for him to process FTJ or how where you planning for him to be processed?
 
Sm1smom said:
I honestly wasn't going to comment on your list when I first saw it, but then I came back to see Simon's comment and your response about trying to make yours a 'shortlist' of what already exists. So how is this a short list, considering you've clearly stated you've added more to it? Am I missing something in my interpretation?

As a matter of fact, are you aware of how easily your 'shortlist' could possibly end up misleading some students processing AOS? You've gone ahead and listed optional forms like they are required and you're hoping people could be directed to the list. Forms I-131 and I-765 are completely optional. Personally, I wouldn't even encourage anyone on a non-dual intent visa to apply for an AOS based EAD card (same with the AP card) unless the applicant thinks it is absolutely necessary. Are you aware, for instance, if someone on a F1 visa uses an AOS EAD card to take up authorized employment, and for some reason isn't able to complete the AOS process before the end of the FY, the person cannot revert back to their previous F1 status and they can no longer continue with that job? Also, using an AP card to travel during the process automatically puts the user in what is known as adjustment pending status, the user is no longer in whatever visa status they were prior to traveling out.

Considering the fact that the AP/EAD card processing takes about 3 months, typically the same time it takes to get the GC, most DV based AOSers have come to realize those cards were not even necessary to start with. In addition, we had reports of a few cases that got delayed because their FO was waiting for NBC to send over their file containing information about these benefits that they've applied for. My take, unless someone knows they're most likely going to be traveling out of the U.S. following the submission of their petition (something I wouldn't even do unless it's a matter of life and death, or strictly work related), the AP card isn't going to serve any good purpose.
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Mom, I didn't think that might cause confusion! Thanks for clarification! Tried to take that down but the edit option is deactivated!
 
Sm1smom said:
Personally, I wouldn't even encourage anyone on a non-dual intent visa to apply for an AOS based EAD card (same with the AP card) unless the applicant thinks it is absolutely necessary.
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Mom,

I was originally planning on applying for EAD card along with the AOS package, thinking that I will need an EAD card so might as well do that with the AOS package (plus saving on fees?). But now your comment makes me doubt applying for the EAD. Why shouldn't I?

Also, if I don't apply with the AOS package, do i file the i-765 after I (hopefully) get the GC?

Thank you!
 
bludragon said:
Mom,

I was originally planning on applying for EAD card along with the AOS package, thinking that I will need an EAD card so might as well do that with the AOS package (plus saving on fees?). But now your comment makes me doubt applying for the EAD. Why shouldn't I?

Also, if I don't apply with the AOS package, do i file the i-765 after I (hopefully) get the GC?

Thank you!
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You don't need an EAD card once you have your GC. You're automatically authorized to work for any employer as a LPR.

Why shouldn't you apply for the EAD card considering that it's free when filed with an I-485? I don't know :rolleyes:. It's your call if you think it's worth it after all that I wrote above.
 
Sm1smom said:
You don't need an EAD card once you have your GC. You're automatically authorized to work for any employer as a LPR.

Why shouldn't you apply for the EAD card considering that it's free when filed with an I-485? I don't know :rolleyes:. It's your call if you think it's worth it after all that I wrote above.
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Oh I didn't know I didn't need an EAD if I had a GC! Nevermind! Thanks for clearing that up, otherwise I would have included that with the AOS package. Thanks mom!
 
Sm1smom said:
Yes, you can add our spouse in December. But the real question is: do you get issued with a marriage certificate based on your traditional marriage? If no marriage certificate, then you can't really list him as your spouse for immigration purpose. Since you're already based in the U.S., is the plan for him to process FTJ or how where you planning for him to be processed?
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The plan was to have a court wedding in Africa after the traditional marriage for issuance of the certificate. I guess my other question was, I still wish to continue with my AOS, so is it possible to get him processed differently or the requirement is that we have to do it together? also, does that mean I have to unlock the DS260 form to add him after all this. Is it likely to cause delays or increase chances of me getting denied. I just don't wanna risk not getting the GC since its such a fantastic opportunity. I also understand if i was to do the FTJ process it could take many many years?
 
The GC process can take time, it can be a few months or it can be over a year. Without an EAD card, you will get the option to work only when you get the green card at the end of the process.

If you apply for the EAD card you can get one around 3 months after submitting an AOS before a decision has been made about your GC. You will be able to work and extend the EAD card every year no matter how long the GC decision will take. If you don't apply for one, you will not be able to work until a final GC decision is made. That's the point of the EAD card.

For example, I'm on H1 and I'm submitting AOS but I will still apply for an EAD just in case so I won't have to depend on my employer after I get the EAD card even before I get the GC which can take a while.
 
tash17 said:
The plan was to have a court wedding in Africa after the traditional marriage for issuance of the certificate. I guess my other question was, I still wish to continue with my AOS, so is it possible to get him processed differently or the requirement is that we have to do it together? also, does that mean I have to unlock the DS260 form to add him after all this. Is it likely to cause delays or increase chances of me getting denied. I just don't wanna risk not getting the GC since its such a fantastic opportunity. I also understand if i was to do the FTJ process it could take many many years?
Click to expand...

Yes, you have to unlock the DS to add him. No, you cannot go for an interview and pretend to still be single if you are not.
It can get you denied if the marriage is not genuine, but assuming it is a real relationship, you should be fine.
 
Aldis said:
The GC process can take time, it can be a few months or it can be over a year. Without an EAD card, you will get the option to work only when you get the green card at the end of the process.

If you apply for the EAD card you can get one around 3 months after submitting an AOS before a decision has been made about your GC. You will be able to work and extend the EAD card every year no matter how long the GC decision will take. If you don't apply for one, you will not be able to work until a final GC decision is made. That's the point of the EAD card.

For example, I'm on H1 and I'm submitting AOS but I will still apply for an EAD just in case so I won't have to depend on my employer after I get the EAD card even before I get the GC which can take a while.
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None of which is applicable to DV where there is no option to extend every year or have the process take over a year, given that you only have one fiscal year in which to get the green card, or you lose it. So your H1 example is great for other H1 AOSers but pretty useless for those adjusting on DV.
 
Aldis said:
The GC process can take time, it can be a few months or it can be over a year. Without an EAD card, you will get the option to work only when you get the green card at the end of the process.

If you apply for the EAD card you can get one around 3 months after submitting an AOS before a decision has been made about your GC. You will be able to work and extend the EAD card every year no matter how long the GC decision will take. If you don't apply for one, you will not be able to work until a final GC decision is made. That's the point of the EAD card.

For example, I'm on H1 and I'm submitting AOS but I will still apply for an EAD just in case so I won't have to depend on my employer after I get the EAD card even before I get the GC which can take a while.
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Yes, in general an AOS approval could take a couple of months or could take YEARS, we know that. However, the scenario you narrated has absolutely no bearing on DV based AOS cases. DV based AOS cases typically takes about 3 months like I already painstakingly explained above - about the same amount of time an EAD approval takes.

- If your AOS petition isn't approved by the end of the applicable FY, your EAD card becomes useless. It is no longer valid. You cannot continue to use it or keep renewing it until your AOS petition gets approved like you claimed above. The DV based AOS petition WILL NOT be adjudicated once the applicable FY is over!

- If you leave your current employer and use your DV based EAD to take up employment with another employer (because you don't want to depend on your current employer) and if your AOS petition does not get approved by the end of your applicable FY, you no longer have a valid status to fall back on. You cannot continue to work for the new employer either. So good luck with your plan.
 
tash17 said:
The plan was to have a court wedding in Africa after the traditional marriage for issuance of the certificate. I guess my other question was, I still wish to continue with my AOS, so is it possible to get him processed differently or the requirement is that we have to do it together? also, does that mean I have to unlock the DS260 form to add him after all this. Is it likely to cause delays or increase chances of me getting denied. I just don't wanna risk not getting the GC since its such a fantastic opportunity. I also understand if i was to do the FTJ process it could take many many years?
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After your court marriage, you can request KCC to unlock your DS260 to:

(1) Change our marital status from single to married - you will have to list the date of your court marriage as your wedding date since that's the one that gives you an official document.
(2) Fill out a new DS260 form for your husband if you wish for him to benefit from your selection as your derivative.

Yes, it's possible for you to continue processing AOS while your husband gets to go through CP - bear in mind his interview can only be scheduled after you have been approved, and he will need to complete the process before the end of the 2016 FY in order to get his own GC.

You're confusing FTJ with sponsoring a spouse in a F2A family category. A DV based FTJ takes time but not years, can be stressful and could possibly end up not being completed before the end of the applicable FY. F2A family category sponsorship is what you will end up doing if he's unable to complete the FTJ option before the end of the 2016 FY. And yes, the F2A family category takes years to complete.

You definitely have the option of processing AOS/FTJ or or CP together. AOS/FTJ is a much longer process and could be quite stressful. CP on the other hand ensures you both get interviewed together. Either, you will need to provide ample evidence of your relationship/marriage being a bonafide one at the time of your interview. It definitely would be very unwise for you to continue processing your selection with a single marital status after you get married on the basis of you being afraid of loosing your GC opportunity.

If you absolutely do not want to change anything about your case, postpone your marriage until after your GC approval, then go through the long process of sponsoring your spouse under the F2A family category.
 
Hi,
I have been selected as a 2016 DV Lottery winner. I currently live in the US with F1 visa.
I have some questions:
1- Do I have to pay the fee for lottery 330$ if so, where I have to pay.
2- Do I have to include a police clearance report with my supporting documents for I-485 form or not.
3- Can I send I-485 form to USCIS now or I have to wait until the first of October 2015.
Thank you.
 
PINO2015 said:
Hi,
I have been selected as a 2016 DV Lottery winner. I currently live in the US with F1 visa.
I have some questions:
1- Do I have to pay the fee for lottery 330$ if so, where I have to pay.
2- Do I have to include a police clearance report with my supporting documents for I-485 form or not.
3- Can I send I-485 form to USCIS now or I have to wait until the first of October 2015.
Thank you.
Click to expand...

1. Go through the AOS spreadsheet: https://goo.gl/Tm5Ncp

2. No PCC required for AOS

3. Go through the AOS spreadsheet: https://goo.gl/Tm5Ncp
 
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