• 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

Akash.1976 said:
Hi Mom,

Thank you once again for your reply. Regarding my case, I have few confusions; hope you assist me:

1. You mentioned my wife shouldn't be coming on a NIV with the preconceived intent of status adjustment. However, she got her F2 before declaration of DV2018 Result (i.e. her F2 approved in April). She still be preconceived migrant intent?

2. As you suggested, if we wait for 60 days after arrival of my wife in the US for filing of DS-260, I hope there will be no problem (regarding the preconceived intent of status adjustment). Am I correct?

3. In your opinion, it is better and safer to go my home country and process under CP?

4. Considering point No. 3 scenario, due to any reason, if our case is denied, they may also deny us to enter the US on our F1 / F2 status because of immigrant intent. Do you think so?

Thank you very much. Your guidance definitely help us to take further action and decision.
Click to expand...

1. When she got the visa approval is irrelevant. In order to be eligible for AOS processing, one is expected to have already been in the US when the decision was made. Not so in her case. As a matter of fact, if she's subjected to a secondary inspection and it becomes clear to the CBP officer during the course of interrogations she's planning on filing for AOS, she will be denied admission into the US.

2. There shouldn't be.

3. You know your full circumstances better than I do, so I prefer to not offer a personal opinion on this. Each option has its pros and cons. If I encourage you to go CP and you get stuck on AP which effectively means you can't even return to continue with your studies, wouldn't you turn around and accuse me of leading you astray? So no, I have no opinion on this.

4. Yes this will happen if you went back home to process CP. It may also happen with AOS if you went home after the process and need to renew your visa for instance.
 
Sm1smom said:
1. When she got the visa approval is irrelevant. In order to be eligible for AOS processing, one is expected to have already been in the US when the decision was made. Not so in her case. As a matter of fact, if she's subjected to a secondary inspection and it becomes clear to the CBP officer during the course of interrogations she's planning on filing for AOS, she will be denied admission into the US.

2. There shouldn't be.

3. You know your full circumstances better than I do, so I prefer to not offer a personal opinion on this. Each option has its pros and cons. If I encourage you to go CP and you get stuck on AP which effectively means you can't even return to continue with your studies, wouldn't you turn around and accuse me of leading you astray? So no, I have no opinion on this.

4. Yes this will happen if you went back home to process CP. It may also happen with AOS if you went home after the process and need to renew your visa for instance.
Click to expand...

Thanks Mom for your responses. Now it is very clear - i.e.
- if she enters the US, we start our AoS after 60 days of her arrival or;
- if she will be denied to enter the US, we start our CP from my country (we take risk of re-entry and F1/F2 Status).

Now, just one last question, if she denied to enter the US (and I go my country) and process under CP from my country; since the denial is only due to immigrant intent; it will not effect our case. Is this correct?

Thanks for your support!!!
 
Akash.1976 said:
Thanks Mom for your responses. Now it is very clear - i.e.
- if she enters the US, we start our AoS after 60 days of her arrival or;
- if she will be denied to enter the US, we start our CP from my country (we take risk of re-entry and F1/F2 Status).

Now, just one last question, if she denied to enter the US (and I go my country) and process under CP from my country; since the denial is only due to immigrant intent; it will not effect our case. Is this correct?

Thanks for your support!!!
Click to expand...

Correct such a denial will not affect your CP.
 
Hello Britsimon and Sm1smon!

I have read through the spreadsheet (Extremely Helpful btw! Thank you!) but just want to make sure I understand some key points.
My situation: F1 Student, OC2XX

1. Based on previous time-lines, am I correct in assuming that my number is in the low-range and I should expect to see my number become current in October or November 2017?
2 (a). (After reading about the advance notification memo and assuming my number becomes current in October) As soon as the September Bulletin is published, can I send my AOS package to the Chicago Lockbox?
2 (b). September's comes out mid-August? (Does that mean I can send AOS package around mid-August?)
3. The next school semester starts August 28th. If I can get my package sent and notification that it has been received before classes start - Is it correct that I can be out of F1 Status while AOS pending? (I understand that if AOS is denied and I am out of status, I have to leave USA as I don't have a status to fall back onto)

If I can take the next school semester off and resume school after AOS, my school fees reduce from $5,500 to only $1,500/semester.. I understand that I would be working with a very small time-window, so it would rely on myself being prompt/organised and submitting everything as soon as I am allowed. To me though, there is a significant financial gain if I can achieve this, so I am happy to accept the risk. If I don't get notification that AOS package received prior to classes starting, I will pay the tuition and continue my studies and look forward to cheaper tuition the semester after.
4. Do we think this could be achievable if all things go to plan?

Thanks,
C.S
 
C.S said:
Hello Britsimon and Sm1smon!

I have read through the spreadsheet (Extremely Helpful btw! Thank you!) but just want to make sure I understand some key points.
My situation: F1 Student, OC2XX

1. Based on previous time-lines, am I correct in assuming that my number is in the low-range and I should expect to see my number become current in October or November 2017?
2 (a). (After reading about the advance notification memo and assuming my number becomes current in October) As soon as the September Bulletin is published, can I send my AOS package to the Chicago Lockbox?
2 (b). September's comes out mid-August? (Does that mean I can send AOS package around mid-August?)
3. The next school semester starts August 28th. If I can get my package sent and notification that it has been received before classes start - Is it correct that I can be out of F1 Status while AOS pending? (I understand that if AOS is denied and I am out of status, I have to leave USA as I don't have a status to fall back onto)

If I can take the next school semester off and resume school after AOS, my school fees reduce from $5,500 to only $1,500/semester.. I understand that I would be working with a very small time-window, so it would rely on myself being prompt/organised and submitting everything as soon as I am allowed. To me though, there is a significant financial gain if I can achieve this, so I am happy to accept the risk. If I don't get notification that AOS package received prior to classes starting, I will pay the tuition and continue my studies and look forward to cheaper tuition the semester after.
4. Do we think this could be achievable if all things go to plan?

Thanks,
C.S
Click to expand...

1. Correct.

2a&b: you may as long as you're clearly aware of the possible downside of early filing.

3. Not a move I would recommend. My suggestion would be to maintain current status until AOS petition gets adjudicated regardless of the financial savings you're thinking of. After all if you hadn't gotten selected you still would have paid your school fees, right?

4. Highly advisable to maintain a valid status throughout the process.
 
  • Like
Reactions: C.S
C.S said:
Hello Britsimon and Sm1smon!

I have read through the spreadsheet (Extremely Helpful btw! Thank you!) but just want to make sure I understand some key points.
My situation: F1 Student, OC2XX

1. Based on previous time-lines, am I correct in assuming that my number is in the low-range and I should expect to see my number become current in October or November 2017?
2 (a). (After reading about the advance notification memo and assuming my number becomes current in October) As soon as the September Bulletin is published, can I send my AOS package to the Chicago Lockbox?
2 (b). September's comes out mid-August? (Does that mean I can send AOS package around mid-August?)
3. The next school semester starts August 28th. If I can get my package sent and notification that it has been received before classes start - Is it correct that I can be out of F1 Status while AOS pending? (I understand that if AOS is denied and I am out of status, I have to leave USA as I don't have a status to fall back onto)

If I can take the next school semester off and resume school after AOS, my school fees reduce from $5,500 to only $1,500/semester.. I understand that I would be working with a very small time-window, so it would rely on myself being prompt/organised and submitting everything as soon as I am allowed. To me though, there is a significant financial gain if I can achieve this, so I am happy to accept the risk. If I don't get notification that AOS package received prior to classes starting, I will pay the tuition and continue my studies and look forward to cheaper tuition the semester after.
4. Do we think this could be achievable if all things go to plan?

Thanks,
C.S
Click to expand...

If you file early and drop out school for the purpose of saving on what you already would have had to pay in the first place, and your FO eventually denies your AOS petition due to early filing, the status you would have been on while having the opportunity to challenge the denial is no longer there.

Once denied, you're officially out of status and you have no fighting chance. If this risk is worth the money you're hoping to save by dropping out of school, well then proceed as planned.
 
  • Like
Reactions: C.S
Sm1smom said:
If you file early and drop out school for the purpose of saving on what you already would have had to pay in the first place, and your FO eventually denies your AOS petition due to early filing, the status you would have been on while having the opportunity to challenge the denial is no longer there.

Once denied, you're officially out of status and you have no fighting chance. If this risk is worth the money you're hoping to save by dropping out of school, well then proceed as planned.
Click to expand...

Thank you, that was some very thoughtful advice.
1. If my AOS is denied by FO due to early filing and I am left without status to challenge the decision, does this mean I have to go home?
If yes: After I return home, can I then go through the CP process instead? or by that point, have I now exhausted that option?
 
C.S said:
Thank you, that was some very thoughtful advice.
1. If my AOS is denied by FO due to early filing and I am left without status to challenge the decision, does this mean I have to go home?
If yes: After I return home, can I then go through the CP process instead? or by that point, have I now exhausted that option?
Click to expand...

1. Yes
2. That's the end of the DV selection, you no longer have the CP option - the case is effectively ended.
 
C.S said:
Oh Gosh! Ok, I can fully appreciate why having a status to fall back on is important!
Thank you again!
Click to expand...

About early filing. Filing before October 1, whilst technically possible, has a high chance of problems. As Mom says, don't risk everything or affect your status based on being able to file early. Just accept that you will continue as is until about December.
 
Sm1smom said:
If you file early and drop out school for the purpose of saving on what you already would have had to pay in the first place, and your FO eventually denies your AOS petition due to early filing, the status you would have been on while having the opportunity to challenge the denial is no longer there.

Once denied, you're officially out of status and you have no fighting chance. If this risk is worth the money you're hoping to save by dropping out of school, well then proceed as planned.
Click to expand...

So was giving it some additional thought around saving money on school fees - I have spoken with school and if I withdraw before Monday they will refund my school fees (2x Semesters of fees is $11,000) So with this kind of saving, I'm now thinking I'm going to withdraw from school and return home for CP. When I come back at the end of the year, I can always re-enroll in school at a fraction of the cost next year. I think it's the right "adult" decision. This leaves me with a couple of questions.

1. After my SEVIS record is terminated and I withdraw from school, does anyone know how long I have to leave the US? I have found conflicting info about it.. (24 Hours, 14 Days, 30 Days)
2. I already submitted my DS260 and had selected to send my file to USCIS. I haven't received 2NL yet, and when I log in, it appears to be still with KCC. What is the process to have this changed from AOS to CP?
3. Does changing from AOS to CP change rank number or cause delay? (i.e. Will I still expect to interview around October/November at my local consulate?)
 
Thank you Mom for the spreadsheet with all the valuable information and check lists.
I have been selected for DV18. my situation: F2, AF299xx.
I weighed the pros and cons and tend to favor AOS for the following reasons:
- no traveling back and forth required, which would disturb wife's opt (F1), child's (us citizen) school
- CN seems "ok" for upto 4 months of processing time. It would be risky looking at DV16, though, where AF30xxx became current only in June.
- no need for PCC. I have lived in a couple of countries for over 4 years each.
My questions:
1. Am I reasonable in thinking that AF299xx should be safe enough to accommodate AOS's much longer processing time ? I took note of your warning that it is possible, albeit rare, that a visa number would not be available by end of FY due to competition from greater number of CPs. this CN came current in April'17-15-14 in June'16
2. or Would CP be safer in my case, despite your caveat about FBI possibly long processing time (I was under F1 2003-2006, B1 2010-current, F2 since 2016)
3. I haven't submitted the DS260 yet, but I have already selected AOS in the first screen. could this be reversed as long as I don't submit the form?
4. is there an explanation as to why AOS could take upto 4 months?
5. is a PCC still required from my home country?
6. Are there any precautions to take vis-a-vis the following: We're planning to go home for the school summer vacation (July and August). we will be re-entering with F1/F2, while a DS260 has been submitted. or should I refrain from submitting it until we come back from vacation?
7. would submitting DS260 in September or October impact my chances, given my CN level?
8. would you expect any impact on the workings of DV'18 due to any possible Trump executive order limiting DV?
Thank you in advance. I apologize if I am missed any mention about a possible limit in the number of questions per post.
 
C.S said:
So was giving it some additional thought around saving money on school fees - I have spoken with school and if I withdraw before Monday they will refund my school fees (2x Semesters of fees is $11,000) So with this kind of saving, I'm now thinking I'm going to withdraw from school and return home for CP. When I come back at the end of the year, I can always re-enroll in school at a fraction of the cost next year. I think it's the right "adult" decision. This leaves me with a couple of questions.

1. After my SEVIS record is terminated and I withdraw from school, does anyone know how long I have to leave the US? I have found conflicting info about it.. (24 Hours, 14 Days, 30 Days)
2. I already submitted my DS260 and had selected to send my file to USCIS. I haven't received 2NL yet, and when I log in, it appears to be still with KCC. What is the process to have this changed from AOS to CP?
3. Does changing from AOS to CP change rank number or cause delay? (i.e. Will I still expect to interview around October/November at my local consulate?)
Click to expand...

1. Not a DV process related question - I don't know.

2. One - update your listed home address on the DS-260 form. You'll need to email KCC and request for them to unlock your form.
Two - when you resubmit the form, you'll need to follow up with an email to KCC informing them of your decision to process CP, you will not be able to change the AOS option already selected on your form.

3. Your CN remains the same. You probably will not be getting an October interview even if your CN is listed as current in October due to the fact that you previously selected AOS. DS-260 forms are processed in the order of submission
 
  • Like
Reactions: C.S
ph1ll1ipswaya said:
Thank you Mom for the spreadsheet with all the valuable information and check lists.
I have been selected for DV18. my situation: F2, AF299xx.
I weighed the pros and cons and tend to favor AOS for the following reasons:
- no traveling back and forth required, which would disturb wife's opt (F1), child's (us citizen) school
- CN seems "ok" for upto 4 months of processing time. It would be risky looking at DV16, though, where AF30xxx became current only in June.
- no need for PCC. I have lived in a couple of countries for over 4 years each.
My questions:
1. Am I reasonable in thinking that AF299xx should be safe enough to accommodate AOS's much longer processing time ? I took note of your warning that it is possible, albeit rare, that a visa number would not be available by end of FY due to competition from greater number of CPs. this CN came current in April'17-15-14 in June'16
2. or Would CP be safer in my case, despite your caveat about FBI possibly long processing time (I was under F1 2003-2006, B1 2010-current, F2 since 2016)
3. I haven't submitted the DS260 yet, but I have already selected AOS in the first screen. could this be reversed as long as I don't submit the form?
4. is there an explanation as to why AOS could take upto 4 months?
5. is a PCC still required from my home country?
6. Are there any precautions to take vis-a-vis the following: We're planning to go home for the school summer vacation (July and August). we will be re-entering with F1/F2, while a DS260 has been submitted. or should I refrain from submitting it until we come back from vacation?
7. would submitting DS260 in September or October impact my chances, given my CN level?
8. would you expect any impact on the workings of DV'18 due to any possible Trump executive order limiting DV?
Thank you in advance. I apologize if I am missed any mention about a possible limit in the number of questions per post.
Click to expand...

1. Seems like a safe CN.

2. I don't know - your call. Having other types of visas is no guarantee one will not get stuck in AP. The background check for an IV is much more extensive than for a NIV.

3. Probably not. In the past that screen gets locked once selected and one moves to the next screen/page of the form even if the form is yet to be submitted.

4. The FOs (Field Offices) determine interview dates which will be based on their workload. It varies from FO to FO.

5. PCC not required for AOS - you already saw that on the spreadsheet.

6. You have a long wait before your CN becomes current, you might as well wait in the DS form submission.

7. No impact

8. No impact expected, but Trump is Trump. I can't speculate on what he would or might do.
 
Last edited by a moderator:
Sm1smom said:
1. Seems like a safe CN.

2. I don't know - your call. Having other types of visas is no guarantee one will not get stuck in AP. The background check for an IV is much more extensive than for a NIV.

3. Probably not. In the past that screen gets locked once selected and one moves to the next screen/page of the form even if the form is yet to be submitted.

4. The FOs (Field Offices) determine interview dates which will be based on their workload. It varies from FO to FO.

5. PCC not required for AOS - you already saw that on the spreadsheet.

6. You have a long wait before your CN becomes current, you might as well wait in the DS form submission.

7. No impact

8. No impact expected, but Trump is Trump. I can't speculate on what he would or might do.
Click to expand...
More comments on Q3,
Mine DS260 is also locked,(I have not submitted 260 yet). However, I assume if you want to change to CP, just give KCC a call or email ask them to unlock your DS260 and it should be good to go.
(Correct me if I'm wrong, mom)
 
Mxmlittle said:
More comments on Q3,
Mine DS260 is also locked,(I have not submitted 260 yet). However, I assume if you want to change to CP, just give KCC a call or email ask them to unlock your DS260 and it should be good to go.
(Correct me if I'm wrong, mom)
Click to expand...

It's not as simple as 'good to go'. If you're changing to CP, you'll need to give KCC enough time to process the DS-260 form - depending on when this change is requested and what the CN is, one may end up facing a much longer processing time. And anytime a change needs to be made on the DS form, you'll need to email KCC, not call.
 
Sm1smom said:
It's not as simple as 'good to go'. If you're changing to CP, you'll need to give KCC enough time to process the DS-260 form - depending on when this change is requested and what the CN is, one may end up facing a much longer processing time. And anytime a change needs to be made on the DS form, you'll need to email KCC, not call.
Click to expand...
Thanks for mom's explanation!
 
Hi Mom,

Thank you for helping us during our Green Card process. I have a question, I have a case number that is EU2018xxxx19xxx. I am currently residing in US with my H1B visa and my wife is staying with DACA. We got married in US. Do you think DACA can be an issue for my wife's process? I appreciate your help.
 
I am a DV 2018 winner. I am a student in the Ph.D. program in the US. I did not enter all my institutes in DS260 (the degrees I got in my country). I just entered my current institute and I mentioned the final date, as the date I was filling the form.
I am wondering if I need to request to unlock it.
Please help me
 
rbb said:
Hi Mom,

Thank you for helping us during our Green Card process. I have a question, I have a case number that is EU2018xxxx19xxx. I am currently residing in US with my H1B visa and my wife is staying with DACA. We got married in US. Do you think DACA can be an issue for my wife's process? I appreciate your help.
Click to expand...

Your wife's DACA status makes it impossible for me to guide you, I think you should speak with a competent and DV experienced immigration attorney.
 
You must log in or register to reply here.
Top