DV 2017 AOS Only

[Sm1smom]

Hi,

I'm selected in DV 2017, but I have some questions.
My case number is 2017AS000001xx.
I think my case will be eligible to be dealt with in Oct. 2016.

First, do I need to file DS260 if I choose the AOS?
If yes, when should I submit it?
I graduate this semester, so I will apply for OPT next week.
If I submit DS260 before my OPT application, my OPT might be failed because of showing immigration intent that I submit DS260?

If I submit DS260 when my OPT is ready (July), will it be too late?
More importantly, I need to go back to my country for these documents for green card in Aug, and back in Sep.
Can I go back US with my F1 visa if I have already submitted DS 260?
Or I can submit DS 260 after I'm back US (Sep.)? will it be too late?

Second, when to submit I485 to USCIS?
When my number is current on the bulletin, then I can mail it to USCIS?
Or I can submit that even before my number is current on the visa bulletin?
Thank you.

Yes, CN most likely will be current in October.

Yes, it's advisable to submit the DS-260 form, even for those processing AOS.
The DS-260 form submission prior to OPT application has not impacted OPT approval AFAIK.

DS-260 form submission in July is not too late.
If you're planning on traveling back on F1 visa in August, you should hold off on the DS-260 form submission. Be aware even without the DS-260 form submission if you're subjected to secondary inspection for whatever reason, or they discover you're bringing in documents for the purpose of status adjustment, you might be denied admission. Entering the US on a NIV with the purpose of filing AOS is frowned upon, so you might want to think twice on that plan of traveling in August to get your documents.

Go through the AOS spreadsheet for guidance on when to submit the AOS package.

 

[grace791684]

Yes, CN most likely will be current in October

Yes, it's advisable to submit the DS-260 form, even for those processing AOS.
The DS-260 form submission prior to OPT application has not impacted OPT approval AFAIK

DS-260 form submission in July is not too late
If you're planning on traveling back on F1 visa in August, you should hold off on the DS-260 form submission. Be aware even without the DS-260 form submission if you're subjected to secondary inspection for whatever reason, or they discover you're bringing in documents for the our posing of status adjustment, you might be denied admission. Entering the US on a NIV with the purpose of filing AOS is frowned upon, so you might want to think twice on that plan of traveling in August to get your documents.

Go through the AOS spreadsheet for guidance on when to submit the AOS package.

Really thanks for your detailed information.
It helps a lot.
Thanks.

 

[bro98]

Hi! I am glad that this thread exists
I am helping my brother who has been selected for further processing in DV program with CN: 2017AS000032xx. We currently have 3 questions which we hope you could give insights to:
1. My brother is currently living out of the U.S. and will be coming to the U.S. in the Fall to start his college here. He will be applying for F1 visa as soon as his I-20 is ready. I helped him started his DS-260 yesterday, but then realized about the dual intent issue, and thus decided not to continue the DS-260 process at least until his F1 visa is approved. In that case, will the F1 interviewer know or have a record showing that my brother has started his DS-260 implying his immigration intent?
2. After he gets his F1 approved, I will think he should do AOS instead of CP when he continues with the DV process because he will be already in the U.S. when he receives an interview invitation. But, the option to change the interview location on his DS-260 has been blocked out (it currently shows our home country capital city as the interview location and it cannot be changed to AOS option). Does that mean he needs to go through the CP option? Can he email KCC to change the interview location to a U.S. location?
3. Since my brother will still be a college student, he will still be our parents' dependent (who are not U.S. citizens). In this case, can he use our parents' supports as his financial supports requirement? He also does not have copies of tax returns transcript for the past 1-3 years; is this required for someone who just enters the U.S.?

Thank you!

 

[Sm1smom]

Hi! I am glad that this thread exists
I am helping my brother who has been selected for further processing in DV program with CN: 2017AS000032xx. We currently have 3 questions which we hope you could give insights to:
1. My brother is currently living out of the U.S. and will be coming to the U.S. in the Fall to start his college here. He will be applying for F1 visa as soon as his I-20 is ready. I helped him started his DS-260 yesterday, but then realized about the dual intent issue, and thus decided not to continue the DS-260 process at least until his F1 visa is approved. In that case, will the F1 interviewer know or have a record showing that my brother has started his DS-260 implying his immigration intent?
2. After he gets his F1 approved, I will think he should do AOS instead of CP when he continues with the DV process because he will be already in the U.S. when he receives an interview invitation. But, the option to change the interview location on his DS-260 has been blocked out (it currently shows our home country capital city as the interview location and it cannot be changed to AOS option). Does that mean he needs to go through the CP option? Can he email KCC to change the interview location to a U.S. location?
3. Since my brother will still be a college student, he will still be our parents' dependent (who are not U.S. citizens). In this case, can he use our parents' supports as his financial supports requirement? He also does not have copies of tax returns transcript for the past 1-3 years; is this required for someone who just enters the U.S.?

Thank you!

1. An immigrant intent isn't declared until the actual submission of the DS-260 form.

2. You will submit the form as in, then email KCC letting them know you're changing from CP to AOS.

3. The IOs are usually reluctant to consider financial support of someone not based in the US. So you'll have to find a USC or LPR to fill out an I-134 in support of your AOS petition. The person that provides the I-134 will be the one providing the W2 and tax returns.

 

[mgh2008]

Hi
I am one of the selectee with CN AS2XXX. I am living in US under F1 visa for three years. Last year I submitted my EB2-NIW (I-140) and I-485 concurrently (around March 2015). The two cases are still under background check. I got married after submission around May 2015 hoping to bring my spouse here after getting approval. I don't know what should I do since I submitted my AOS but under EB base. Should I submit it again or wait until getting approval? I read some of the post and find that my spouse overseas can not do the CP processing separately. Is that right? Any suggestion or recommendation? thank you

 

[bro98]

1. An immigrant intent isn't declared until the actual submission of the DS-260 form.

2. You will submit the form as in, then email KCC letting them know you're changing from CP to AOS.

3. The IOs are usually reluctant to consider financial support of someone not based in the US. So you'll have to find a USC or LPR to fill out an I-134 in support of your AOS petition. The person that provides the I-134 will be the one providing the W2 and tax returns.

Thanks for the reply! Can I as his brother fill out the I-134 on his behalf? I am currently working in the U.S. under OPT, but will be getting my H1B in October 2016. I see that the I-134 form can be filled out by a "lawfully admitted non immigrant" Am I qualified?

 

[KentSwe]

It is possible to process both AOS and CP under one principal selectee. However, it's a process that cannot run concurrently, this is known as FTJ (follow to join) - in this case the principal selectee and any other applicable family member process AOS first, and upon the completion of that the CP portion then starts. Bear in mind the CP portion is not automatically done.

FTJ could be rather stressful as you'll need to do a lot of follow up to ensure everything is on track, it's not a process advisable for someone with a high CN to pursue also - and even with a low CN, the AOS portion may still get delayed due to background check issues or the FO bundling AOS cases till a certain period of time before adjudicating them.

Very valuable information, thank you very much for your help!

 

[Britsimon]

Thanks for the reply! Can I as his brother fill out the I-134 on his behalf? I am currently working in the U.S. under OPT, but will be getting my H1B in October 2016. I see that the I-134 form can be filled out by a "lawfully admitted non immigrant" Am I qualified?

There is a place on the I-134 for temp visa holders to note their status BUT the temporary nature of their status puts a time limit on the support which undermines the strength of the document. Given that, he should use a citizen/LPR.

 

[Sm1smom]

Hi
I am one of the selectee with CN AS2XXX. I am living in US under F1 visa for three years. Last year I submitted my EB2-NIW (I-140) and I-485 concurrently (around March 2015). The two cases are still under background check. I got married after submission around May 2015 hoping to bring my spouse here after getting approval. I don't know what should I do since I submitted my AOS but under EB base. Should I submit it again or wait until getting approval? I read some of the post and find that my spouse overseas can not do the CP processing separately. Is that right? Any suggestion or recommendation? thank you

It is possible to have more than one AOS petition in the system at the same time. Regarding whether or not to submit your DV based AOS petition? It's really your call, I'm sorry I can't tell you what to do.

And no, you didn't read our responses above correctly. We never said a beneficiary cannot process CP separately from the main selectee who is processing AOS. What we said was that the beneficiary will do CP through a process known as FTJ since both the AOS and the CP portion cannot be processed at the same time.

 

[Sm1smom]

Thanks for the reply! Can I as his brother fill out the I-134 on his behalf? I am currently working in the U.S. under OPT, but will be getting my H1B in October 2016. I see that the I-134 form can be filled out by a "lawfully admitted non immigrant" Am I qualified?

Yes you do qualify, technically speaking. However, because your income as a H1B visa holder, which must be above the applicable guideline poverty level, will be less than 1 year hold, the interviewing IO may have issues with accepting it. It's usually better to have a USC or LPR provide the I-134. My suggestion is for you to only do so as a last resort.

 

[SaffaMama]

Hi everyone, thanks for starting this thread! I have a similar question to some asked above. My husband was allocated AF*1XXX, so I believe he will be processed in October. On the other hand, I've been offered a job in the US, and I need to clear the background checks before I get a start date, but it will probably be August/September, on H visas. You said in response to another poster that July is not too late for DS-260, but is September too late? Should we submit the DS-260 now with our African address and contact KCC once we've moved; or hold off as long as we can? I suppose the crux of the question is: how long can we hold off on submitting the DS-260 without impacting our chances? Thanks!

 

[Sm1smom]

Hi everyone, thanks for starting this thread! I have a similar question to some asked above. My husband was allocated AF*1XXX, so I believe he will be processed in October. On the other hand, I've been offered a job in the US, and I need to clear the background checks before I get a start date, but it will probably be August/September, on H visas. You said in response to another poster that July is not too late for DS-260, but is September too late? Should we submit the DS-260 now with our African address and contact KCC once we've moved; or hold off as long as we can? I suppose the crux of the question is: how long can we hold off on submitting the DS-260 without impacting our chances? Thanks!

In a situation where one is certain they will be processing AOS, the DS-260 form submission date is irrelevant - there's no late date per se.

However in a situation where you guys don't have all your ducks perfectly lined up at the moment and with such a low CN, you might want to submit the DS-260 form now with the mind of processing CP as KCC will need to have enough time to process your forms and schedule you for an October interview. Interview notifications for those scheduled for CP October interview will go out around August and if you wait much longer or until July before submitting the form, you will not meet that cut-off.

Re-negotiating a new start date with your employer really shouldn't be a problem since the start date for the H1B visa lottery you're coming under is in October I believe.

 

[Wingpin]

One question, are you Iranian, or have any connections/travel history in the Middle East?

Is there an issue if you are a selectee but have lived for a number of years in the Middle East (UAE & KSA)?
Thank you

 

[Sm1smom]

Is there an issue if you are a selectee but have lived for a number of years in the Middle East (UAE & KSA)?
Thank you

Connections to the Middle East may lead to a prolonged background check clearance.

 

[mgh2008]

It is possible to have more than one AOS petition in the system at the same time. Regarding whether or not to submit your DV based AOS petition? It's really your call, I'm sorry I can't tell you what to do.

And no, you didn't read our responses above correctly. We never said a beneficiary cannot process CP separately from the main selectee who is processing AOS. What we said was that the beneficiary will do CP through a process known as FTJ since both the AOS and the CP portion cannot be processed at the same time.

Thank you! That means I can start another AOS with all of the payments ($330+$1070) plus all of biometric. I am a little confused. Beneficiary can start the CP but it can not get approval if the selectee is still pending? Correct? Or Beneficiary can start the CP and may even approve faster than selectee who applied AOS. Thank you for your help for clarification.

 

[Sm1smom]

Thank you! That means I can start another AOS with all of the payments ($330+$1070) plus all of biometric. I am a little confused. Beneficiary can start the CP but it can not get approval if the selectee is still pending? Correct? Or Beneficiary can start the CP and may even approve faster than selectee who applied AOS. Thank you for your help for clarification.

Yes, you can start another AOS process (with all the applicable fees) when your CN becomes current.

No, the beneficiary cannot start any part of the process until after you the PA complete the AOS process. Then you'll initiate the process for your case file to get transferred to the home embassy of where the beneficiary is residing to undergo their own interview process. Beneficiary cannot be approved or interviewed without the PA successfully completing the process first.

 

[mgh2008]

Yes, you can start another AOS process (with all the applicable fees) when your CN becomes current.

No, the beneficiary cannot start any part of the process until after you the PA complete the AOS process. Then you'll initiate the process for your case file to get transferred to the home embassy of where the beneficiary is residing to undergo their own interview process. Beneficiary cannot be approved or interviewed without the PA successfully completing the process first.

Thank you! I understood the process! I wanted to do the same process (I-824; Follow to join) but with Employment based not with Dv-lottery. I appreciate your time to help me.

 

[Sm1smom]

Thank you! I understood the process! I wanted to do the same process (I-824; Follow to join) but with Employment based not with Dv-lottery. I appreciate your time to help me.

Ha! The light bulb moment glad to have been of help

 

[justsomeguy]

Hi there. I'm a winner this year, CN # is two digits so I will be current in October. I have read the spreadsheet. I am a current E3 visa holder (Australian) and I see on the list of forms that an I-797 is required. I don't seem to have any record of receiving that form in conjunction with my existing visa and my employer says they've never received one either. Should I fill out the UCSIS form to get a duplicate? Thanks.

 

[Sm1smom]

Hi there. I'm a winner this year, CN # is two digits so I will be current in October. I have read the spreadsheet. I am a current E3 visa holder (Australian) and I see on the list of forms that an I-797 is required. I don't seem to have any record of receiving that form in conjunction with my existing visa and my employer says they've never received one either. Should I fill out the UCSIS form to get a duplicate? Thanks.

No, the spreadsheet does not say an I-797 is required, it says if applicable. We understand it's not applicable to all selectees, some have never applied for nor received a benefit from USCIS in the past, so it wouldn't be applicable to them.