DV 2018 All Selectees

[Seant]

Contact KCC and inform them of your change to AOS and FTJ for your family. The change is possible as long as KCC hasn’t scheduled you for a CP interview.

I really appreciate the fact that you warned me about this CP case. This is also helpful for other people to understand in order to get the right advise they should provide the full picture, which in this case I did not.
Just Before I jump to switching back to AOS ,and FTJ, now that you know my situation, any risk that you can think of for AOS and FTJ?
My family is planning to join me in or around January, still I should apply FTJ for them right?
If I switch to AOS again, my second NL and the fees I paid are valid?
How does the AOS process looks like for an Iranian origin?
I'm overwhelmed and can't think of anything else right now, but I appreciate if you provide guidance on this issue.

 

[Britsimon]

OP switched to CP because his wife and son while having valid H4 visas live and work in Canada, they occasionally visit the US. This makes them ineligible to process AOS with the OP, I suggested he could process FTJ or CP together with his family.

But he failed to disclose the fact that he’s from Iran which would have made CP to not be a wise option after all. The suggested options would have been for the wife to resign her job and return to the US immediately with the son for them to process AOS together, or for him to continue with AOS and for the family to process FTJ whenever he concludes his process.

Oh dear. Bad decision. AoS + FTJ would indeed be better.

 

[Britsimon]

I really appreciate the fact that you warned me about this CP case. This is also helpful for other people to understand in order to get the right advise they should provide the full picture, which in this case I did not.
Just Before I jump to switching back to AOS ,and FTJ, now that you know my situation, any risk that you can think of for AOS and FTJ?
My family is planning to join me in or around January, still I should apply FTJ for them right?
If I switch to AOS again, my second NL and the fees I paid are valid?
How does the AOS process looks like for an Iranian origin?
I'm overwhelmed and can't think of anything else right now, but I appreciate if you provide guidance on this issue.

It's good you are taking a breath. So far you fast decisions have increased your risk.

So about AoS. Expect that to take a long time. You have a high chance of an extended background check, so your interview might be delayed until they do that. It seems like you have a low case number, but just get your mind prepared for a long wait. Consider your AoS the priority. Consider FTJ is a "bonus". If you approach it with that mindset, you are less likely to get stressed and panicked later. Maybe your case will go fast, but if it doesn't, at least you expected that.

 

[Britsimon]

I really appreciate the fact that you warned me about this CP case. This is also helpful for other people to understand in order to get the right advise they should provide the full picture, which in this case I did not.
Just Before I jump to switching back to AOS ,and FTJ, now that you know my situation, any risk that you can think of for AOS and FTJ?
My family is planning to join me in or around January, still I should apply FTJ for them right?
If I switch to AOS again, my second NL and the fees I paid are valid?
How does the AOS process looks like for an Iranian origin?
I'm overwhelmed and can't think of anything else right now, but I appreciate if you provide guidance on this issue.

It's good you are taking a breath. So far your fast decisions have increased your risk.

So about AoS. Expect that to take a long time. You have a high chance of an extended background check, so your interview might be delayed until they do that. It seems like you have a low case number, but just get your mind prepared for a long wait. Consider your AoS the priority. Consider FTJ is a "bonus". If you approach it with that mindset, you are less likely to get stressed and panicked later. Maybe your case will go fast, but if it doesn't, at least you expected that.

 

[EURO2014]

I really appreciate the fact that you warned me about this CP case. This is also helpful for other people to understand in order to get the right advise they should provide the full picture, which in this case I did not.
Just Before I jump to switching back to AOS ,and FTJ, now that you know my situation, any risk that you can think of for AOS and FTJ?
My family is planning to join me in or around January, still I should apply FTJ for them right?
If I switch to AOS again, my second NL and the fees I paid are valid?
How does the AOS process looks like for an Iranian origin?
I'm overwhelmed and can't think of anything else right now, but I appreciate if you provide guidance on this issue.

In my humble opinion the best option in your specific circumstances would be for all Iranian family members to process AoS together in the US (as opposed to AoS for you and FTJ for other members of your family). You indicated somewhere earlier that your family is planning on joining you in January on their existing H4 status anyway. It is unfortunate that they reside outside of the US at the moment, as entering on NIV with the intention to Adjust Status "is heavily frowned upon". This would be my only watch-out.

 

[Seant]

In my humble opinion the best option in your specific circumstances would be for all Iranian family members to process AoS together in the US (as opposed to AoS for you and FTJ for other members of your family). You indicated somewhere earlier that your family is planning on joining you in January on their existing H4 status anyway. It is unfortunate that they reside outside of the US at the moment, as entering on NIV with the intention to Adjust Status "is heavily frowned upon". This would be my only watch-out.

So your suggestion is to apply for AOS for all three of us and then by the time of interview they will be here and we can adjust status. MOM recommendation was that because at the time of filing they are not living in US they are ineligible to apply for AOS. Is this a fact or it is up for debate?

 

[Seant]

It's good you are taking a breath. So far your fast decisions have increased your risk.

So about AoS. Expect that to take a long time. You have a high chance of an extended background check, so your interview might be delayed until they do that. It seems like you have a low case number, but just get your mind prepared for a long wait. Consider your AoS the priority. Consider FTJ is a "bonus". If you approach it with that mindset, you are less likely to get stressed and panicked later. Maybe your case will go fast, but if it doesn't, at least you expected that.

assuming that the background check takes a while , there is chance that we all miss it or bigger chance that my family miss it, right?
If that is the case and assuming I receive a GC, if I apply for them how long it takes for them to get GC?
during the GC application for my family is my wife and my son admissible to US as visitor or TN worker?

 

[EURO2014]

So your suggestion is to apply for AOS for all three of us and then by the time of interview they will be here and we can adjust status. MOM recommendation was that because at the time of filing they are not living in US they are ineligible to apply for AOS. Is this a fact or it is up for debate?

As I entered this conversation late, I would prefer Sm1smom (and Britsimon) to respond to your question. Yes, your wife and children are not eligible to adjust status while residing outside of the US. Last thing you need at this stage, though, is any additional confusion, given the state of your earlier DV actions thus far, which have added additional complexity to your DV case. Best of luck to you and your family!

 

[Sm1smom]

I really appreciate the fact that you warned me about this CP case. This is also helpful for other people to understand in order to get the right advise they should provide the full picture, which in this case I did not.
Just Before I jump to switching back to AOS ,and FTJ, now that you know my situation, any risk that you can think of for AOS and FTJ?
My family is planning to join me in or around January, still I should apply FTJ for them right?
If I switch to AOS again, my second NL and the fees I paid are valid?
How does the AOS process looks like for an Iranian origin?
I'm overwhelmed and can't think of anything else right now, but I appreciate if you provide guidance on this issue.

The risk with AOS + FTJ is the fact that the FTJ portion may not complete by the end of your FY which means your family will not get their GC as your DV derivatives. But if that happens, remember you can always sponsor them, yes family sponsorship process is currently a two year process but it’s an option. Plus your wife and sons are Canadian citizens, they can always visit like they’ve been doing, although they will not come in as H4, that will no longer be valid.

Your AOS process may be delayed by your FO not scheduling you in time for an interview either due to your pending background check or due to their own decision to batch all AOS cases together towards the end of the FY. If your wife is also Iranian, her FTJ process may also be subjected to a prolonged background check.

Is your wife quitting her job and planning to stay back in the US when she come so in January, or is she simply taking some time off? If the latter were the case, I will interpret the move as an attempt at gaming the system, and I cannot be a part of that.

If she’s going to be living in the US as from January, then you may delay your AOS and process together. However, you can’t submit the AOS package immediately. You’ll need to wait at least 3 months before filing AOS in order to not be deemed to have engaged in misrepresentation as at the time of admission into the US. Remember there’s still the potential prolonged background checks.

 

[Sm1smom]

So your suggestion is to apply for AOS for all three of us and then by the time of interview they will be here and we can adjust status. MOM recommendation was that because at the time of filing they are not living in US they are ineligible to apply for AOS. Is this a fact or it is up for debate?

Oh really? Okay. I hope you find someone who can come out to say it is not “a fact” and is up to the debate.

 

[Sm1smom]

In my humble opinion the best option in your specific circumstances would be for all Iranian family members to process AoS together in the US (as opposed to AoS for you and FTJ for other members of your family). You indicated somewhere earlier that your family is planning on joining you in January on their existing H4 status anyway. It is unfortunate that they reside outside of the US at the moment, as entering on NIV with the intention to Adjust Status "is heavily frowned upon". This would be my only watch-out.

You’re aware they will need to wait for at least 3 months after entry before they can file AOS? If the OP files now since his number is current in Nov, his anticipated prolonged AP would have started long before they can file AOS as a family.

 

[Seant]

The risk with AOS + FTJ is the fact that the FTJ portion may not complete by the end of your FY which means your family will not get their GC as your DV derivatives. But if that happens, remember you can always sponsor them, yes family sponsorship process is currently a two year process but it’s an option. Plus your wife and sons are Canadian citizens, they can always visit like they’ve been doing, although they will not come in as H4, that will no longer be valid.

Your AOS process may be delayed by your FO not scheduling you in time for an interview either due to your pending background check or due to their own decision to batch all AOS cases together towards the end of the FY. If your wife is also Iranian, her FTJ process may also be subjected to a prolonged background check.

Is your wife quitting her job and planning to stay back in the US when she come so in January, or is she simply taking some time off? If the latter were the case, I will interpret the move as an attempt at gaming the system, and I cannot be a part of that.

If she’s going to be living in the US as from January, then you may delay your AOS and process together. However, you can’t submit the AOS package immediately. You’ll need to wait at least 3 months before filing AOS in order to not be deemed to have engaged in misrepresentation as at the time of admission into the US. Remember there’s still the potential prolonged background checks.

Thank you MOM again for detailed response. You are the best and I mean it.
1- So in case that due to prolonged process I receive the GC and they don't, and then I apply for their GC, is my wife able to work in US as TN visa holder for example?
2- Here is the other part of the story, my wife works for a company with headquarter in US, so she is negotiating to move to US office in early next year, either still working for the Canadian branch and physically be present in US or transfer to US branch on TN is not known yet.
3 - From what I heard from you guys, waiting three month after January and considering prolonged background check makes it a very risky choice. we are better off with AOS +FTJ
4- Even hypothetically if she quit her job tomorrow and move to US in a week, we still have to wait three month to apply for AOS together, am I right?
5- Regarding the 2NL and the fees, do I need to wait for another 2NL, after changing to AOS again or my original 2NL holds and I can send my documents November 1st after notifying KCC? Would you please elaborate on this?

 

[EURO2014]

You’re aware they will need to wait for at least 3 months after entry before they can file AOS? If the OP files now since his number is current in Nov, his anticipated prolonged AP would have started long before they can file AOS as a family.

Yes, I know. Yes, we are aware that this DV case is unnecessarily complex given the "Iranian aspect" of the situation . The "clean way" would have been for the spouse and child as derivatives to enter the US under their H-4 well in time and to process AoS together in the US. I know, I know...
I am personally doubtful whether a sequence of AoS US for him and and FTJ for spouse and child will realistically be completed in time, presuming that his wife (and child) hold Iranian citizenship, or resided in Iran for any length of time. Otherwise the assessment would be different.

 

[SusieQQQ]

Oh dear. Bad decision. AoS + FTJ would indeed be better.

Yes. Luckily for the poster, someone here put 2+2 together and came up with Iran.

 

[Sm1smom]

Thank you MOM again for detailed response. You are the best and I mean it.
1- So in case that due to prolonged process I receive the GC and they don't, and then I apply for their GC, is my wife able to work in US as TN visa holder for example?
2- Here is the other part of the story, my wife works for a company with headquarter in US, so she is negotiating to move to US office in early next year, either still working for the Canadian branch and physically be present in US or transfer to US branch on TN is not known yet.
3 - From what I heard from you guys, waiting three month after January and considering prolonged background check makes it a very risky choice. we are better off with AOS +FTJ
4- Even hypothetically if she quit her job tomorrow and move to US in a week, we still have to wait three month to apply for AOS together, am I right?
5- Regarding the 2NL and the fees, do I need to wait for another 2NL, after changing to AOS again or my original 2NL holds and I can send my documents November 1st after notifying KCC? Would you please elaborate on this?

1. A TN status is unlikely to be granted if she already has a pending immigrant petition in the system. You can’t have a NIV petition and an IV petition in the system at the same time.

2. None question.

3. None question.

4. Yes.

5. Original 2NL is still applicable for AOS, KCC will not send a new AOS 2NL. However before you file AOS, I recommend getting some form of confirmation from KCC acknowledging you are processing AOS and your family CP. You will need to get your DS260 forms open (and those of your family) to indicate the necessary changes too, it’s not simply a matter of you submitting an AOS package in November.

 

[Seant]

1. A TN status is unlikely to be granted if she already has a pending immigrant petition in the system. You can’t have a NIV petition and an IV petition in the system at the same time.

2. None question.

3. None question.

4. Yes.

5. Original 2NL is still applicable for AOS, KCC will not send a new AOS 2NL. However before you file AOS, I recommend getting some form of confirmation from KCC acknowledging you are processing AOS and your family CP. You will need to get your DS260 forms open (and those of your family) to indicate the necessary changes too, it’s not simply a matter of you submitting an AOS package in November.

Regarding 5, for DS260, the email from KCC said:
"Based on the information you have provided, your interview location has been changed from Adjustment of Status to Montreal.
The new interview location will not appear on your DS-260, but will be used by KCC for scheduling purposes. "
and I was not able to modify the DS260 from AOS, to AP, the line was inactive, the last time I changed my DS260 form and so the interview location on DS260 still says USCIS.
Do we still need to change my DS260 in this case then? should I ask that it will be unlocked again?

 

[Sm1smom]

Yes, I know. Yes, we are aware that this DV case is unnecessarily complex given the "Iranian aspect" of the situation . The "clean way" would have been for the spouse and child as derivatives to enter the US under their H-4 well in time and to process AoS together in the US. I know, I know...
I am personally doubtful whether a sequence of AoS US for him and and FTJ for spouse and child will realistically be completed in time, presuming that his wife (and child) hold Iranian citizenship, or resided in Iran for any length of time. Otherwise the assessment would be different.

And there’s also the possibility the family may not complete background check if they are to file AOS in April (which is the earliest they can file as a family if the wife returns in January) compared to the husband filing alone in November or December and triggering his own background check 5 to 6 months earlier than when they may file as a family. If the wife and kid are unable to complete the background check before the end of the FY, the husband would at least have his GC and can sponsor them.

 

[EURO2014]

And there’s also the possibility the family may not complete background check if they are to file AOS in April (which is the earliest they can file as a family if the wife returns in January) compared to the husband filing alone in November or December and triggering his own background check 5 to 6 months earlier than when they may file as a family. If the wife and kid are unable to complete the background check before the end of the FY, the husband would at least have his GC and can sponsor them.

Yes, I agree - from a DV perspective this is presumably the best of the worst case scenarios. The question then become potential work authorization options for the wife, if and when her Canadian employer wishes to transfer her to the US on a NIV. It would still be important to know about any Iranian nexus of the spouse and child, who hold Canadian citizenship. If there were no direct nexus here, the whole situation concerning FTJ would become easier to assess and the AoS process of the husband would become the critical path in terms of successfully completing processing under DV for all family members.

 

[Jonathan784]

Hi Mom,

I have recently submitted my OPT application and it is currently being processed by USCIS. My CN for AOS will be current in Dec. I know that after I apply my status will be adjustment pending, so if I apply before my OPT is finalized and I receive my EAD card, would it mean that in case of rejection for AOS I would no longer be eligible to receive my F1-OPT?

You have answered similar questions before but I just wanted to verify with you if the fact that the OPT papers are already in, makes any difference with regards to a fall back option.

 

[Sm1smom]

Regarding 5, for DS260, the email from KCC said:
"Based on the information you have provided, your interview location has been changed from Adjustment of Status to Montreal.
The new interview location will not appear on your DS-260, but will be used by KCC for scheduling purposes. "
and I was not able to modify the DS260 from AOS, to AP, the line was inactive, the last time I changed my DS260 form and so the interview location on DS260 still says USCIS.
Do we still need to change my DS260 in this case then? should I ask that it will be unlocked again?

I was already aware of the content of the email KCC sends out when people request to change from one process option to the other before recommending you contact KCC (again) and request for them to unlock all the forms to enable you make the necessary changes on them.

The interview location on the form cannot be changed but you need to unlock your form and change
1.Your current address to reflect your US address - I’m assuming you changed it before to a Canadian address when you decided to process CP.

2. Your wife and son’s forms must clearly reflect their Canadian address as their current address.

3. I’m not sure if the current DS260 still has a section for indicating if your family members are immigrating with you or processing FTJ - the old form has that option. If your form has that you need to indicate so.

You need to make the judgment call if the forms need to be unlocked or not. Regardless, you need to inform KCC if you’re changing your processing option and be sure you get a response acknowledging their awareness of your decision.