• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV 2018 AOS Only

Nick1234 said:
So, my wife and kids are legally residing in USA on TN-1 and F1 visa and are doing AOS. I'm outside USA. We also have Canadian passport.
For her AOS:
1. Does she need original country (the one applied for DV based on) current passport for the AOS process? she has one but expiring in December. She also has the birth certificate from the original country.
3. Does she need any other document from original country?
4. She already applied for DS260, but she had booked a ticket before knowing the dv results and is going out of USA to finish important business out of USA for two weeks, any issue with this? she will not leave USA after return.

For me I'm doing CN:
5. My wife filed her DS260 for herself and the kids, I'm still filling mine on the same link of hers. The problem is I dont remember all the addresses I lived in all the way to 16 years, what should I do?
6. When would I get my interview? she has to have hers first?
Click to expand...

1. Not necessarily needed, but if she can I recommend renewing the passport.

2. The list of what she needs are on the AOS process spreadsheet. She also needs to refer to the link on her selectee notification form for information on any other thing she may need.

3. She should be okay. Of course admission/re-admission into the US is always at the discretion of the CPB officer.

4. Do your best to provide the information being asked - it doesn't have to be an exact.

5. I already answered this more than once - your interview month is not predictable in this case, it is tied to when your wife completes her own process and when your home country embassy has an open slot to interview you since KCC will not be scheduling your interview.

You said your wife already submitted her DS form, but you're now filling out yours - how come you're able to do that if she already submitted? Did KCC re-open her form? Another question, did she list you on her eDV application to start with?
 
Question:
I know even after submit DS260 and select AOS process, it is still doable to change to CP by email or calling KCC.

What if I submit AOS package to lockbox? After that point, if due to the timing manners and I want to choose CP process, is that doable?

Thank you.
 
Depending on the timing. If it's later in the fiscal year you might be too late to get a CP interview at a consulate.
And you'll not get back the AOS fee etc that you've paid and will have to pay the DV fee again at the consulate.
 
Question for out of status,
I am F1-opt. My wife(currently H1b) might want to change of status to F2 in the future, probably before submit DS260. For F2 change of status, first I need to get the spouse's I20 from school, then submit i539 to USCIS.
1.When is the date that her status change from H1 to F2? I just want to make sure she will not face out of status situation. Also she can let employer know when is her last work day.

2.I saw in form i539, part2-2 (a) to put the change of status effective date, is this the date that her status being change? Or the date is being determined by when I send out the package from a local USPS office?

3. Will this action be different or complicated if this CoS happens before or after submission of DS260?

Thank you.
 
Sm1smom said:
1. Not necessarily needed, but if she can I recommend renewing the passport.

2. The list of what she needs are on the AOS process spreadsheet. She also needs to refer to the link on her selectee notification form for information on any other thing she may need.

3. She should be okay. Of course admission/re-admission into the US is always at the discretion of the CPB officer.

4. Do your best to provide the information being asked - it doesn't have to be an exact.

5. I already answered this more than once - your interview month is not predictable in this case, it is tied to when your wife completes her own process and when your home country embassy has an open slot to interview you since KCC will not be scheduling your interview.

You said your wife already submitted her DS form, but you're now filling out yours - how come you're able to do that if she already submitted? Did KCC re-open her form? Another question, did she list you on her eDV application to start with?
Click to expand...

Her name, kids, and mine have a link beside each. Her link and the kids say completed. Mine say in process. I'm collecting and entering the info in this link and saving to collect the information I don't have. Is this ok?
 
Mxmlittle said:
Question:
I know even after submit DS260 and select AOS process, it is still doable to change to CP by email or calling KCC.

What if I submit AOS package to lockbox? After that point, if due to the timing manners and I want to choose CP process, is that doable?

Thank you.
Click to expand...

You will first of all contact USCIS to let them know you wish to withdraw your AOS petition.

You will contact KCC indicating you wish to process CP.

Now that would be a silly move IMO because it means a much longer processing time. KCC will need to now formally process your DS-260 (which could take weeks or months, depending on their workload) and then schedule your CP interview. And this is assuming there's enough time for all these to take place before the end of the FY.

It also means you'll need to spend more - new medical exam in your home country, and new DV processing fee. You loose both the DV processing and AOS fees already paid since they're none refundable.

Timing wise, you're not gaining anything, you basically retrogress your case with such a decision.
 
Mxmlittle said:
Question for out of status,
I am F1-opt. My wife(currently H1b) might want to change of status to F2 in the future, probably before submit DS260. For F2 change of status, first I need to get the spouse's I20 from school, then submit i539 to USCIS.
1.When is the date that her status change from H1 to F2? I just want to make sure she will not face out of status situation. Also she can let employer know when is her last work day.

2.I saw in form i539, part2-2 (a) to put the change of status effective date, is this the date that her status being change? Or the date is being determined by when I send out the package from a local USPS office?

3. Will this action be different or complicated if this CoS happens before or after submission of DS260?

Thank you.
Click to expand...

Sorry can't provide guidance on this. These are none DV based AOS process questions.
 
Nick1234 said:
Her name, kids, and mine have a link beside each. Her link and the kids say completed. Mine say in process. I'm collecting and entering the info in this link and saving to collect the information I don't have. Is this ok?
Click to expand...

Okay I'm guessing that means she completed but hasn't hit the submit button yet, or she did submit and got a confirmation number for her submission. I didn't go through the electronic form submission so some of that process is still a bit fuzzy to me, hence all these questions.
 
Nick1234 said:
Sure, I will. But what is the other option if what we opting to is complicated. How else can we do it, pls advice.
Click to expand...

The other option would be for her to process CP with you. Fly out with the kids to join you where you're based. Or you all meet in Canada since you're Canadian citizens (assuming you still have a Canadian address you can use) and process CP. Simple, straight forward, but I suppose more expensive and a bit disruptive.
 
Hello

DV payment
Is it only for the applicant or applicant and
dependent ?

Because I am waiting my J1 waiver ,my CN will be current before I have the waiver approval
Any issue with AOS after been current ?
 
Seattle08 said:
Hello

DV payment
Is it only for the applicant or applicant and
dependent ?

Because I am waiting my J1 waiver ,my CN will be current before I have the waiver approval
Any issue with AOS after been current ?
Click to expand...

1. The DV fee must be made for the main applicant AND all their derivatives that will be benefiting directly from the DV selection.

2. No issue.
 
Sm1smom said:
I honestly can't tell you which way you go: delay graduation and thereby extend F 1 status, or proceed with OPT. I'm not an immigration attorney by profession and I'm not pretending to be one. So I typically like to limit my involvement with people's cases to simply providing DV based AOS guidance.

Having said that, I can say I don't know of any situation where an OPT petition got denied due to a pending or dual filing of AOS. I believe we've had cases on some of the past Threads of OPT approval with a pending AOS. However, I like the idea of keeping the immigration journey clean and straightforward, which is why I always encourage making sure one's current status is secure prior to filing AOS to ensure there's a fall back status in case the AOS petition is denied. Hope this makes sense.
Click to expand...

Thank you very much for your response. I talked to the OPT specialist and international office in my school today. Although they could not give me any clear answer about this but they mentioned that it would be risky to apply the OPT and AOS at the same time. It Seems that this case is a little bit complicated and needs a professional review by an immigration lawyer. I will try to consult with a lawyer about this matter ASAP. Thanks again for your help.
 
KKT115948 said:
Thank you very much for your response. I talked to the OPT specialist and international office in my school today. Although they could not give me any clear answer about this but they mentioned that it would be risky to apply the OPT and AOS at the same time. It Seems that this case is a little bit complicated and needs a professional review by an immigration lawyer. I will try to consult with a lawyer about this matter ASAP. Thanks again for your help.
Click to expand...

Keep us posted.
 
Hello mom.

I have a question regarding AOS.

Did I make the right choice when I selected AOS instead of Counselar when I was filling DS-260?

I am an F-1 student in the U.S. I just don't know if I will have more chances to get a green card by choosing AOS?

Thanks.
 
Hi mom,
My wife(H1) is thinking to change of status(CoS) to F2(I'm F1-opt). Also we want to do AOS process for DV2018. We haven't submit DS260 yet and looks like our CN might be current in around April 2018.
So for DV process, we might submit DS260 this year August or September.
And we will submit i539(this June or July) for her to change status from H1 to F2 before we submit DS260 . But the CoS USCIS normally takes around 4~8 months(she will not be out of status during this time period).
I do not want any trouble especially related to "status" issue. I want to ask: will there be any problem that USCIS is processing CoS for her and then the AOS process kicks in later?
I mean, can a person have CoS and AOS process parallel (If CoS haven't approved yet and we submit AOS package)?

Thank you.
 
Lcky7 said:
Hello mom.

I have a question regarding AOS.

Did I make the right choice when I selected AOS instead of Counselar when I was filling DS-260?

I am an F-1 student in the U.S. I just don't know if I will have more chances to get a green card by choosing AOS?

Thanks.
Click to expand...
Did you file DS260 already?
What is your CN?
 
Lcky7 said:
Hello mom.

I have a question regarding AOS.

Did I make the right choice when I selected AOS instead of Counselar when I was filling DS-260?

I am an F-1 student in the U.S. I just don't know if I will have more chances to get a green card by choosing AOS?

Thanks.
Click to expand...

I don't know if you made the "right" choice or not. It's an individual decision I mostly try to stay out of.
 
Mxmlittle said:
Hi mom,
My wife(H1) is thinking to change of status(CoS) to F2(I'm F1-opt). Also we want to do AOS process for DV2018. We haven't submit DS260 yet and looks like our CN might be current in around April 2018.
So for DV process, we might submit DS260 this year August or September.
And we will submit i539(this June or July) for her to change status from H1 to F2 before we submit DS260 . But the CoS USCIS normally takes around 4~8 months(she will not be out of status during this time period).
I do not want any trouble especially related to "status" issue. I want to ask: will there be any problem that USCIS is processing CoS for her and then the AOS process kicks in later?
I mean, can a person have CoS and AOS process parallel (If CoS haven't approved yet and we submit AOS package)?

Thank you.
Click to expand...

USCIS will most likely deny the COS once they realize an AOS petition has been filed. A pending none immigrant petition is usually denied once there is a declared immigrant intent. She will of course be viewed as still being in a legal status because of the pending AOS. However if AOS gets denied or you're unable to complete the process by COB 9/30, then your wife will have no valid status to fall back on.
 
You must log in or register to reply here.
Top