DV 2017 AOS Only

[Sm1smom]

Thanks.
It means I can submit DS-260 at the beginning of Oct and wait for few weeks to get 2NL at the same time preparing for AOS documents. And if I didn't get 2NL quick, I can file AOS at the end of October and can take the 2NL during the interview. Please correct if I didn't understand you correctly.

My CN is Asia~1000.

Sorry for many naive questions. But I don't get satisfied until everything becomes clear.
Thank you so much again.

I already responded on how you could possibly proceed.

 

[Sm1smom]

Thank you for your reply!
Is there an official process that I can do to confirm my eligibility for AOS? I haven't seen anything about that, but I want to make sure that I'm not missing anything.
I would say that I am eligible. I am currently on F-1 visa, and always maintained status, and never had an J-1 that required me to return to my home country. My F-1 is expiring in August, but my I-20 has been extended until December and then I will start my OPT. Will that be a problem?!

I saw your warning about paying the DV fee too early, but based on info from last year's VB and my relatively low CN, I would expect to be current by October or November.

Official process for confirming AOS eligibility outside of what I said? That will be a an INFOPASS visit to your nearest FO, however be prepared for the possibility of meeting with an IO who may have no clue as to what is what.

Do you already have an approved OPT in place? If there's currently no approved, when are you planning on applying for it?

 

[alab]

Official process for confirming AOS eligibility outside of what I said? That will be a an INFOPASS visit to your nearest FO, however be prepared for the possibility of meeting with an IO who may have no clue as to what is what.

Do you already have an approved OPT in place? If there's currently no approved, when are you planning on applying for it?

1) So is the INFOPASS optional? And doesn't seem that useful.

2) No, I don't have an approved OPT. I was planning to apply in August/September. It might not be approved by the time my CN becomes current and before I submit my AOS package. Is there something I need to be aware of and consider when I submit my AOS package while having a OPT pending?

Thank you!

 

[Sm1smom]

1) So is the INFOPASS optional? And doesn't seem that useful.

2) No, I don't have an approved OPT. I was planning to apply in August/September. It might not be approved by the time my CN becomes current and before I submit my AOS package. Is there something I need to be aware of and consider when I submit my AOS package while having a OPT pending?

Thank you!

1. I already told you the required conditions for filing AOS. You followed up by asking for the formal process of verifying. I told you what it involves. Now you're asking if that step is optional or not. Don't you think if there's a formal verification step that must happen I would have mentioned that on the AOS process spreadsheet?

2. Okay, looks like you have the OPT front covered. I asked about it because I wanted to make you aware of the necessity to ensure you have that process taken care of or in place. Yes it likely wouldn't have been approved by the time you file AOS, but you should be fine.

 

[mgh2008]

I have one question. I am one of selectee with CN of AS2XXX staying in US for three years on F1 visa. I am married before registration and my spouse name is in my entrance.My spouse is in my country. Can I ask my wife to come to US with B visa (Tourist visa) and then apply adjustment of status after 60 days together? I appreciate your help.

 

[Sm1smom]

I have one question. I am one of selectee with CN of AS2XXX staying in US for three years on F1 visa. I am married before registration and my spouse name is in my entrance.My spouse is in my country. Can I ask my wife to come to US with B visa (Tourist visa) and then apply adjustment of status after 60 days together? I appreciate your help.

Technically speaking, entering the US on a B visa (or any NIV, with the exception of a dual intent NIV) with the mind of processing AOS is highly frowned upon. Now the question is, does your wife already have a valid B1 visa?

 

[saso]

Both your questions are addressed in the rules and DoS pages and you seem to know that already so...are you just looking for further confirmation that you read them right, or what?

Thanks a lot for the reply.
Not quite, I was not looking for confirmation that I was reading correctly. Rather, I was hoping someone who had a pertinent experience( e.g. first hand or knowing of someone who was in a similar situation) could share their thoughts. Maybe I am just being paranoid, but to me it is not a given that USCIS would necessarily agree with the DOS reciprocity instructions.
Thanks again.

 

[SusieQQQ]

Thanks a lot for the reply.
Not quite, I was not looking for confirmation that I was reading correctly. Rather, I was hoping someone who had a pertinent experience( e.g. first hand or knowing of someone who was in a similar situation) could share their thoughts. Maybe I am just being paranoid, but to me it is not a given that USCIS would necessarily agree with the DOS reciprocity instructions.
Thanks again.

Those pages are linked from...the USCIS instructions for DV selectees. They are the same as used in all visa cases. I'm not quite sure why you think USCIS would refer selectees to the pages if it didn't agree with them? But by all means, look for anecdotal evidence on the internet if you think that's more reliable.

 

[mgh2008]

Technically speaking, entering the US on a B visa (or any NIV, with the exception of a dual intent NIV) with the mind of processing AOS is highly frowned upon. Now the question is, does your wife already have a valid B1 visa?

Thank you! No I am still thinking about ways to see my wife sooner!

some more questions:
1) After confirming the selectee in order to follow-to join for spouse, the petition I-824
or follow to join should be filed to Chicago lock box. Correct? and even visa for spouse is available until 30 September 2017 . right?
2) Do I need to translate my high school degree? I have Master's degree and currently PhD degree.

Thank you for your help

 

[CountryGirl]

Talking about the translation... Should be a third person who translate the documents? Or can I translate them by myself and use the "formula" to certified them...?? Or maybe my husband could do that?? I mean, we both can certify that we are fluent in English and our native language... Or would they think it is a little fishy?? The thing is that we don't want more people involve in this if it's not absolutely necessary.

 

[Sm1smom]

Thank you! No I am still thinking about ways to see my wife sooner!

some more questions:
1) After confirming the selectee in order to follow-to join for spouse, the petition I-824
or follow to join should be filed to Chicago lock box. Correct? and even visa for spouse is available until 30 September 2017 . right?
2) Do I need to translate my high school degree? I have Master's degree and currently PhD degree.

Thank you for your help

So since she doesn't currently have an approved tourist visa, you should forget about your previous plan of action. She's most likely not going to be granted a tourist visa since you're currently here on a student visa and you've already declared an immigrant intent.

1. You can only begin the FTJ process after your AOS petition is actually approved. I don't know what you mean by "confirming the selectee". Yes the filing should be through the Chicago Lockbox - you can confirm that step at the end of your interview though. And yes, the FTJ benefit cannot extend beyond Sept 30th, but the visa isn't guaranteed of course.

2. Yes, regardless of the other higher degrees.

 

[Sm1smom]

Talking about the translation... Should be a third person who translate the documents? Or can I translate them by myself and use the "formula" to certified them...?? Or maybe my husband could do that?? I mean, we both can certify that we are fluent in English and our native language... Or would they think it is a little fishy?? The thing is that we don't want more people involve in this if it's not absolutely necessary.

You cannot translate the documents yourselves. Your family members shouldn't do the translation either. It's got to be done by a third party with no vested interest in your LPR petition.

 

[mgh2008]

So since she doesn't currently have an approved tourist visa, you should forget about your previous plan of action. She's most likely not going to be granted a tourist visa since you're currently here on a student visa and you've already declared an immigrant intent.

1. You can only begin the FTJ process after your AOS petition is actually approved. I don't know what you mean by "confirming the selectee". Yes the filing should be through the Chicago Lockbox - you can confirm that step at the end of your interview though. And yes, the FTJ benefit cannot extend beyond Sept 30th, but the visa isn't guaranteed of course.

2. Yes, regardless of the other higher degrees.

Thank you! I don' understand what will happened if she can not get visa if the processing time goes beyond that time? any other ways to come permanently to US?

 

[SusieQQQ]

Thank you! I don' understand what will happened if she can not get visa if the processing time goes beyond that time? any other ways to come permanently to US?

Yes,you can sponsor her as spouse (immediate relative ) of a permanent resident once you have a green card. It takes longer and costs more than DV, and you have to show enough income to be able to sponsor her. The current wait time for this category is not far off two years (in July they will process cases filed in Nov 2014).

 

[Sm1smom]

Thank you! I don' understand what will happened if she can not get visa if the processing time goes beyond that time? any other ways to come permanently to US?

Yup, like Susie said above ^^. You next option would the be to sponsor her.

 

[EURO2014]

I have one question. I am one of selectee with CN of AS2XXX staying in US for three years on F1 visa. I am married before registration and my spouse name is in my entrance.My spouse is in my country. Can I ask my wife to come to US with B visa (Tourist visa) and then apply adjustment of status after 60 days together? I appreciate your help.

Given your specific circumstances (under F-1 in US/spouse living in home country, respectively), I would highly recommend CP pathway/processing through US Consulate in your home country.

 

[saso]

Those pages are linked from...the USCIS instructions for DV selectees. They are the same as used in all visa cases. I'm not quite sure why you think USCIS would refer selectees to the pages if it didn't agree with them? But by all means, look for anecdotal evidence on the internet if you think that's more reliable.

Thank you very much for the kind reply. I was kind of asking a different thing though. I was asking about actual past OUTCOMES based on the DoS reciprocity instructions.
I am fully aware that USCIS is a department /service within DoS. However, I think there are instances where USCIS may not necessarily follow DoS guidelines, i.e. people have been denied their AOS application time and again based on early filing, even though there is a memo from the DoS clearly describing early filing up to 6-7 weeks in advance of becoming current. So it can and has happened.
I do hope you are right and that they would accept an alternative document to a birth certificate. However, at this point it is just an ASSUMPTION that USCIS will do that. Unless it can be demonstrated that they have in fact do so in the past. I agree that would be anecdotal evidence, but in this case that may be all the evidence there is . If you go back to my original post, I was also wondering if scheduling an appointment with a local USCIS office would be something to consider to help clarify the issue, so I am not just looking for anecdotal evidence to make a decision. This is what forums are for, people share both experiences and knowledge to help each other out.

Sorry for the lengthy reply and thanks again for your attempt to address my question.

 

[Britsimon]

Thank you very much for the kind reply. I was kind of asking a different thing though. I was asking about actual past OUTCOMES based on the DoS reciprocity instructions.
I am fully aware that USCIS is a department /service within DoS. However, I think there are instances where USCIS may not necessarily follow DoS guidelines, i.e. people have been denied their AOS application time and again based on early filing, even though there is a memo from the DoS clearly describing early filing up to 6-7 weeks in advance of becoming current. So it can and has happened.
I do hope you are right and that they would accept an alternative document to a birth certificate. However, at this point it is just an ASSUMPTION that USCIS will do that. Unless it can be demonstrated that they have in fact do so in the past. I agree that would be anecdotal evidence, but in this case that may be all the evidence there is . If you go back to my original post, I was also wondering if scheduling an appointment with a local USCIS office would be something to consider to help clarify the issue, so I am not just looking for anecdotal evidence to make a decision. This is what forums are for, people share both experiences and knowledge to help each other out.

Sorry for the lengthy reply and thanks again for your attempt to address my question.

The only time you will be certain is once the IO reviews your case. So - since you are uncomfortable relying on the written policies, wait for the interview.

 

[saso]

The only time you will be certain is once the IO reviews your case. So - since you are uncomfortable relying on the written policies, wait for the interview.

Thanks a lot for chipping in. The only problem is I have to decide whether to pursue to DV selection or not right now. Once I apply I will lose the ability to extend my current non-immigrant visa, which I still need for 2 more years to finish a degree. So you see my predicament, if a family book is not accepted by the IO in lieu of a birth certificate during the actual interview, then I am screwed and would have to drop my studies and leave.
Can I pose this question to you too: Will a local USCIS office be able to provide guidance on this issue if I schedule an appointment with them?
Thanks a million.

 

[SusieQQQ]

Thank you very much for the kind reply. I was kind of asking a different thing though. I was asking about actual past OUTCOMES based on the DoS reciprocity instructions.
I am fully aware that USCIS is a department /service within DoS. However, I think there are instances where USCIS may not necessarily follow DoS guidelines, i.e. people have been denied their AOS application time and again based on early filing, even though there is a memo from the DoS clearly describing early filing up to 6-7 weeks in advance of becoming current. So it can and has happened.
I do hope you are right and that they would accept an alternative document to a birth certificate. However, at this point it is just an ASSUMPTION that USCIS will do that. Unless it can be demonstrated that they have in fact do so in the past. I agree that would be anecdotal evidence, but in this case that may be all the evidence there is . If you go back to my original post, I was also wondering if scheduling an appointment with a local USCIS office would be something to consider to help clarify the issue, so I am not just looking for anecdotal evidence to make a decision. This is what forums are for, people share both experiences and knowledge to help each other out.

Sorry for the lengthy reply and thanks again for your attempt to address my question.

Short answer is every case we are aware of here has seen USCIS follow the reciprocity pages, including in countries where certain documents otherwise necessary have been unavailable. But of course we do not know every case ever adjudicated. You seem to want a level of certainty that I don't think anyone here can give you. I am 100% certain that if you schedule a USCIS appointment on this they will refer to the reciprocity pages, but that won't give you any more certainty than you have already so I'm not really sure what the point would be? Given your own example with the 'memo' where USCIS offices sometimes do or say the wrong thing how can you be sure...even if I point out that the memo (afaik) is NOT linked from any of the USCIS pages but the reciprocity ones are ?