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DV 2016 AOS Only

Hi all! I need some help. I won the dv for 2016 (2016AF68**) and I am already in the US. I came here on F1 Visa to study for my masters and I graduated June of 2014 and my Visa expired in November of 2014. Prior to expiration I had applied for my OPT which got denied based on the dates of submission. Long story short, I tried to adjust status through marriage and we've been having issues. I won the lottery and cancelled the AOS based on marriage to adjust based on my dv. What are my chances here ? and what do I have to do next. I already filled out my DS-260 and I have gotten my confirmation email. I am from Ghana. Please help me.

I'm a bit confused, through all that did you manage to maintain lawful status at all times? It doesn't sound like it to me, and if not, then you can't do AOS. But mom/simon will no doubt have better insights and advice to offer too!
 
Hi all! I need some help. I won the dv for 2016 (2016AF68**) and I am already in the US. I came here on F1 Visa to study for my masters and I graduated June of 2014 and my Visa expired in November of 2014. Prior to expiration I had applied for my OPT which got denied based on the dates of submission. Long story short, I tried to adjust status through marriage and we've been having issues. I won the lottery and cancelled the AOS based on marriage to adjust based on my dv. What are my chances here ? and what do I have to do next. I already filled out my DS-260 and I have gotten my confirmation email. I am from Ghana. Please help me.

Like Susie rightly pointed out, you're required to have never gone out of status in order to process AOS (of course there are exceptions and one can always apply for a waiver). Based on your narrative above, seems like you've gone out of status already. You should speak with an immigration attorney highly knowledgeable in DV cases. I believe this is beyond what anyone can handle in this forum.
 
If you're already paying all your applicable income taxes, I'm equally not quite certain what other rights you're waiving by filing form I-508. However if I was in your shoes, I would rather err on the side of caution and still income the form with the AOS package. You can bring up the issue at the time of your interview and get the IO to confirm if indeed you needed to file that form, if they say you don't need to, you can always request to withdraw that particular form.

Perfect - thank you! :)
 
'Expecting to go current in October'? You should already know by now if your number is current for October or not. October numbers were released last week.
I was expecting to go current in October before the bulletin came out, that's why I went ahead and paid the fee. Now that the bulletin is out, i know i will be current in October :)
 
The 2NL should be included with the AOS package just like we already listed on the AOS spreadsheet. However, it is possible for the AOS package to be sent without the 2NL.
I'm a bit confused. I knew about 2NL to be included with AOS package from your speadsheet. I guess it's based on others experience, but I never have found this demand on the USCIS (web, page concerning green-card/other-ways-get-green-card/green-card-through-diversity-immigration-visa-program/green-card-through-diversity-immigrant-visa-program). Did anyone face the problem not due to not having 2NL sent in AOS package? After 3 month waiting we still have no 2NL...
Thanks everybody for discussion. It helps and I feel not alone.
 
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If you're already paying all your applicable income taxes, I'm equally not quite certain what other rights you're waiving by filing form I-508. However if I was in your shoes, I would rather err on the side of caution and still income the form with the AOS package. You can bring up the issue at the time of your interview and get the IO to confirm if indeed you needed to file that form, if they say you don't need to, you can always request to withdraw that particular form.
Agreeing with Mom. I too was required to include form i-508 because I had a G visa. so since it is required for E visas to adjust, @lynnie11 just go ahead and include it even if you don't understand why, LOL.
 
I'm a bit confused. I knew about 2NL to be included with AOS package from your speadsheet. I guess it's based on others experience, but I never have found this demand on the USCIS (web, page concerning green-card/other-ways-get-green-card/green-card-through-diversity-immigration-visa-program/green-card-through-diversity-immigrant-visa-program). Did anyone face the problem not due to not having 2NL sent in AOS package? After 3 month waiting we still have no 2NL...
Thanks everybody for discussion. It helps and I feel not alone.

And I hope you're aware that link also doesn't contain a couple of other items, outside the 2NL, which are listed on the spreadsheet either.
- Yes, I'm aware of people who filed without the 2NL
- Yes, I'm aware of situations where the IO had requested for it at the time of the interview
- No, I'm not aware of anyone who got denied as a result of not having the 2NL
 
And I hope you're aware that link also doesn't contain a couple of other items, outside the 2NL, which are listed on the spreadsheet either.
- Yes, I'm aware of people who filed without the 2NL
- Yes, I'm aware of situations where the IO had requested for it at the time of the interview
- No, I'm not aware of anyone who got denied as a result of not having the 2NL
Yes, I studied speadsheet and will definitely follow it. Thanks!
It means that we have just wait for 2NL...
As you say before many times, it's our call anyway.
 
Hey Mom - just got up to form I-797 on the spreadsheet. I know this says "if applicable", so I'm assuming I would know if I had one since it isn't a form you can fill out. I found a picture of one online and have never seen it before, so I'm guessing I fall into the not applicable category, but just wanted to be sure this isn't something I should have.

Sorry if this is a stupid question or doesn't make sense - just don't want to be missing anything! Thank you :)
 
Hey Mom - just got up to form I-797 on the spreadsheet. I know this says "if applicable", so I'm assuming I would know if I had one since it isn't a form you can fill out. I found a picture of one online and have never seen it before, so I'm guessing I fall into the not applicable category, but just wanted to be sure this isn't something I should have.

Sorry if this is a stupid question or doesn't make sense - just don't want to be missing anything! Thank you :)

If you don't have any of those found in the link below, then it's not applicable to you:

http://www.uscis.gov/i-797-info
 
I appreciate it very much. You are very kind. I have followed your suggestions so far and I wouldn't do anything unless I am very sure about. All I have done, until now, is complete the DS-260 and pay the $330 DV administrative fee using the form at this link: http://travel.state.gov/content/vis...nstructions-for-selectees/adjustment-fee.html
I entered my info and printed it out, mailed it to them with a cashier check that I received from my bank. I added my Case number on the check by the way as you suggested previously.
They mailed that paper back to me with a stamp on it, "PAID", also with a date and by ... I hope that is correct.
Next step, I think, is to schedule my medical exam (possibly after I see my number next week or so) and prepare my AOS package according to your excel sheet. I hope all will work out well. If I am not sure about something, I will ask here. You are very helpful. Thank you so much...

Hi Mom,

Can I use my personal check for $330 adjustment of status fee payment? Adjustment fee information page just mention only cashier check or money order options. I just didn't see any information about personal checks.
 
Hi Mom,

Can I use my personal check for $330 adjustment of status fee payment? Adjustment fee information page just mention only cashier check or money order options. I just didn't see any information about personal checks.

Personal check is not acceptable, that's why it's not listed. Use either of the listed options only.
 
Hi bludragon,

you mentioned that you are in October schedule, have you received 2NL? I have been waiting for 3 months. Thanks.

What do you mean that you have been waiting three months? If you are doing DV2016 AoS, the earliest you could have submitted your I-485 is a couple of weeks ago!
 
Hi, I'm also still waiting for 2NL... I called KCC they said mine (my husband's) is still middle of process. Just wait... Even though my number is also current in October.
So I have questions. I will submit I-485 soon, and I read I could also apply EAD card which is work permit and advance parole. Is this correct? Cause if we could get it, me and my husband might want to leave the country end of October. Actually our case number is current in October it's not guaranteed that we can interview before end of October especially we want to do AOS. I heard AOS takes more time than CP. I rather do AOS. Thanks in advance!
 
Hi, I'm also still waiting for 2NL... I called KCC they said mine (my husband's) is still middle of process. Just wait... Even though my number is also current in October.
So I have questions. I will submit I-485 soon, and I read I could also apply EAD card which is work permit and advance parole. Is this correct? Cause if we could get it, me and my husband might want to leave the country end of October. Actually our case number is current in October it's not guaranteed that we can interview before end of October especially we want to do AOS. I heard AOS takes more time than CP. I rather do AOS. Thanks in advance!

Read the following post:

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.

And this:

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.
 
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