DV 2018 AOS Only

[HappyAussie]

Hello! I am super excited to have be drawn in the lottery (2018OC ......19**) and now have a decision to make ... I am currently on an E3 and AoS is one logical choice - although not sure if my case number is seen as too high for an interview possibility. The issue is I am not 100% sure the job will be in place for the duration of the time it may take to process the application. So option B is to resign from my job now and cancel my current E3 Visa (which could take effect at June 1) and go back to Aussie and go through the CP Process ... my question is ..... can I start the CP process whilst still in US on an E3 Visa? .... how would applying via the CP route play out if I am seen to be cancelling E3 and immediately applying for GC (with E3 being a supposed non dual-intent visa)?

Also, if I was to take the AoS route and hope job lasts, do I apply to USCIS with I-485 BEFORE completing DS-260? OR does the DS-260 have a section where I advise my intent to apply via AoS route?

Thanks so much for your guidance - enormously appreciated! So grateful to have found this site.
Christine

 

[goosh]

Hi All,

First time trying and got through with (2018OC....21XX). Going by the posts this seems like a high case number.

Will go through the spreadsheet to try and gather as much information but i'm sure I will have plenty of questions.

Cheers,
Goosh

 

[Sm1smom]

Hello! I am super excited to have be drawn in the lottery (2018OC ......19**) and now have a decision to make ... I am currently on an E3 and AoS is one logical choice - although not sure if my case number is seen as too high for an interview possibility. The issue is I am not 100% sure the job will be in place for the duration of the time it may take to process the application. So option B is to resign from my job now and cancel my current E3 Visa (which could take effect at June 1) and go back to Aussie and go through the CP Process ... my question is ..... can I start the CP process whilst still in US on an E3 Visa? .... how would applying via the CP route play out if I am seen to be cancelling E3 and immediately applying for GC (with E3 being a supposed non dual-intent visa)?

Also, if I was to take the AoS route and hope job lasts, do I apply to USCIS with I-485 BEFORE completing DS-260? OR does the DS-260 have a section where I advise my intent to apply via AoS route?

Thanks so much for your guidance - enormously appreciated! So grateful to have found this site.
Christine

Yes you can remain in the US and opt to process CP when you submit your DS260 form - you don't have to cancel your current E3 visa. You just need to give yourself enough time to go home and complete the medical exam just before your interview date.

Regarding the AOS process, take a look at the first post on page one of this Thread. Start by reading that and following what it says.

 

[Sm1smom]

Hi All,

First time trying and got through with (2018OC....21XX). Going by the posts this seems like a high case number.

Will go through the spreadsheet to try and gather as much information but i'm sure I will have plenty of questions.

Cheers,
Goosh

Definitely the right step. Go through the spreadsheet first, then return and post follow up questions, if any.

 

[Mxmlittle]

Yes - that is correct - but rather than freaking yourself out - take some time to read the linked spreadsheet on the first post of this thread. Everything is fine....

Thanks Brit!

After read thru the spreadsheet carefully, I found out that:
1. Still, from the timeline records in DV2017 2016. Most of the ppl still send out AOS package to lockbox at least 1 month in advance to the CN to be current. And USCIS accept it then NOA. However, there might be some friends were denied(I guess, is there anyone was denied the AOS package? Please share your story) Also, it looks like most of the stories are having a happy ending.

2. My wife and I are considering relocating to Connecticut (CT) later this year due to work, currently we lived in Arizona(AZ). So if we want to go AOS, I think the ASC and FO will be a issue. Should we send out ds260 after we moved to CT? Since we have to put new address on contact information. Also, I am wondering is CT FO have much more cases to process than any other states, so it might takes much longer time to wait for interview? (Compare to AZ) This is a risk I have to take into consideration.

Thank you.

 

[Sm1smom]

Thanks Brit!

After read thru the spreadsheet carefully, I found out that:
1. Still, from the timeline records in DV2017 2016. Most of the ppl still send out AOS package to lockbox at least 1 month in advance to the CN to be current. And USCIS accept it then NOA. However, there might be some friends were denied(I guess, is there anyone was denied the AOS package? Please share your story) Also, it looks like most of the stories are having a happy ending.

2. My wife and I are considering relocating to Connecticut (CT) later this year due to work, currently we lived in Arizona(AZ). So if we want to go AOS, I think the ASC and FO will be a issue. Should we send out ds260 after we moved to CT? Since we have to put new address on contact information. Also, I am wondering is CT FO have much more cases to process than any other states, so it might takes much longer time to wait for interview? (Compare to AZ) This is a risk I have to take into consideration.

Thank you.

1. Yes we've had a couple of rejected cases due to early filing. When that happens you just resend the package, no big deal really. A few did not get rejected but got denied for that same reason - the denials were eventually overturned and the GC got issued though.

2. No, not an issue. Changing your address after submitting the DS-260 form is not a problem, it will have no bearing on the AOS process. What is discouraged is moving or changing one's address after the AOS package has already been accepted by USCIS - that will potentially lead to some complications.

 

[asarrion]

Hi,

First thanks for all the information compiled. It is enormously helpful

My husband got selected with a EU16XXX. We are currently under a J1/J2, I am the visa holder and he is the dependent. Now he was the one chosen as Primary Applicant.

I have two questions to start, and I couldn't find the answer. Maybe there is one somewhere in other year's threads but did not dig till the very end.

1) We are thinking about going to our home country Spain in the summer. We would need to stop by the embassy to get our visa stamps renewed, our DS2019 is good till May 2018 but the stamp is now expiring. I assume that when you fill the DS260 you are declaring immigration intent, therefore it may be in conflict with the J1/J2 visas we have right now, that are not immigrant visas. Should we wait until we come back from Spain with the J1 visa renewed to submit the DS260? I don't want any issue or conflict in the embassy or with CBP officer.

2) Assuming we get the J1 visa renewed and submit the DS260 once back in the US...can we later go to a foreign country for vacation or do I need to stay in the US till the GC is approved?

Thanks so much for your help!

 

[Sm1smom]

Hi,

First thanks for all the information compiled. It is enormously helpful

My husband got selected with a EU16XXX. We are currently under a J1/J2, I am the visa holder and he is the dependent. Now he was the one chosen as Primary Applicant.

I have two questions to start, and I couldn't find the answer. Maybe there is one somewhere in other year's threads but did not dig till the very end.

1) We are thinking about going to our home country Spain in the summer. We would need to stop by the embassy to get our visa stamps renewed, our DS2019 is good till May 2018 but the stamp is now expiring. I assume that when you fill the DS260 you are declaring immigration intent, therefore it may be in conflict with the J1/J2 visas we have right now, that are not immigrant visas. Should we wait until we come back from Spain with the J1 visa renewed to submit the DS260? I don't want any issue or conflict in the embassy or with CBP officer.

2) Assuming we get the J1 visa renewed and submit the DS260 once back in the US...can we later go to a foreign country for vacation or do I need to stay in the US till the GC is approved?

Thanks so much for your help!

1. Proceed with your summer plans, submit your DS-260 after your return back to the US.

2. You can still travel after submitting the DS-260. Re-admission into the US (regardless of if an immigrant intent has been demonstrated or not) is not always guaranteed. It is at the discretion of the CBP, just because one has a visa doesn't mean they would automatically be admitted.

 

[HappyAussie]

Yes you can remain in the US and opt to process CP when you submit your DS260 form - you don't have to cancel your current E3 visa. You just need to give yourself enough time to go home and complete the medical exam just before your interview date.

Regarding the AOS process, take a look at the first post on page one of this Thread. Start by reading that and following what it says.

Thanks so much!

 

[Mxmlittle]

1. Proceed with your summer plans, submit your DS-260 after your return back to the US.

2. You can still travel after submitting the DS-260. Re-admission into the US (regardless of if an immigrant intent has been demonstrated or not) is not always guaranteed. It is at the discretion of the CBP, just because one has a visa doesn't mean they would automatically be admitted.

Actually, I have the same concern. My wife is H1 (can have dual intet) I am, however, F1-OPT. I am afraid that if we submit DS260, then if after all the AOS(or CP) interview process, we fail to get the GC. (i know the chance is very low) Then my F1 is becoming an issue since I have immigrant intent... Am I worry too much or there is actually some rare cases like this happened before?

 

[HappyAussie]

Hi again ..... one question .... i have been through the spreadsheet and just downloaded an example of the DS-260 off travel.state.gov website - there is no question/area in the form that asks about whether applying as AoS ....... can you please advise how I notify that aspect? Thanks so much

 

[Aussiebrit]

Ooohh... mixed emotions! My husband just won but with a high number just over the 20XX! There seem to be a lot more higher numbers this year though so maybe there will be more visas issues in the Oceana? Plus taking some positivity from the fact that the last couple of years both went current! Or are we getting false hopes up!! Eek

Also we are here already on an E3 visa which will be due for renewal in Sept 2018 and a trip out of the country so wondering whether to opt for processing in the US or AU if we do get that far? All of this flying back and forwards is getting expensive! Does it take longer to process in the US?

 

[Sm1smom]

Actually, I have the same concern. My wife is H1 (can have dual intet) I am, however, F1-OPT. I am afraid that if we submit DS260, then if after all the AOS(or CP) interview process, we fail to get the GC. (i know the chance is very low) Then my F1 is becoming an issue since I have immigrant intent... Am I worry too much or there is actually some rare cases like this happened before?

If you process AOS and for some reason you're not successful in getting your GC, you simply revert back to your F1-OPT status assuming you haven't already completed your OPT by then and you did not use an AOS based EAD card to obtain employment.

If you process CP and are not successful, you may have an issue with being re-admitted back into the US because of your demonstrated immigrant intent.

 

[Sm1smom]

Ooohh... mixed emotions! My husband just won but with a high number just over the 20XX! There seem to be a lot more higher numbers this year though so maybe there will be more visas issues in the Oceana? Plus taking some positivity from the fact that the last couple of years both went current! Or are we getting false hopes up!! Eek

Also we are here already on an E3 visa which will be due for renewal in Sept 2018 and a trip out of the country so wondering whether to opt for processing in the US or AU if we do get that far? All of this flying back and forwards is getting expensive! Does it take longer to process in the US?

Congratulations on your selection. I unfortunately cannot advise on which processing option to go with - I generally stay away from doing that. You'll need to familiarize yourself with the two options and decide on which one is best for you.

 

[Mxmlittle]

If you process AOS and for some reason you're not successful in getting your GC, you simply revert back to your F1-OPT status assuming you haven't already completed your OPT by then and you did not use an AOS based EAD card to obtain employment.

If you process CP and are not successful, you may have an issue with being re-admitted back into the US because of your demonstrated immigrant intent.

Thanks for answering.
Correct me if I'm wrong. Currently I am using my EAD card (OPT) which will expired this December. I can use STEM extend with my current employer when expires, and they will help me to file H1b application next year.

If go AOS, and somehow fail(assume it happens next year around June or July, at that time, my status either will be opt-extension or H-1B Cap Gap if i get picked from the H1 lottery). It will revert back to my original status(OPT extension or H1 cap gap)? And I don't have to worry of my status also if I leave US, I can still enter back with either F1 visa(OPT) or H1 visa?

If go CP, since I leave US for CP process. Case 1 is I am in OPT extension, if it fails, I shows immigration intent so I can not get back to US with F1 visa. Correct?
Case 2 is I got picked from H1 and status is H1 cap gap, so if the CP fails, I can use H1 visa to get back? (But is it safe to leave US during the H1 cap gap period?)

Thank you.

 

[Mike__]

I was selected for DV 2018 and am from Africa. My Case Number is AF33*** which seems is a high number and might be current from May to June next year. I want to process using AOS and am the Primary applicant with my wife and kids back in Africa. I cannot go back as I have a pending asylum here in US.
With such a high CN is there a possibility of my family not being able to be processed for green card in my home country after my AOS?
Also is there anything one can do in case time is about to run out after the AOS is approved to ensure they get green card before September 31?
Any other advice will be greatly appreciated.

 

[Sm1smom]

Thanks for answering.
Correct me if I'm wrong. Currently I am using my EAD card (OPT) which will expired this December. I can use STEM extend with my current employer when expires, and they will help me to file H1b application next year.

If go AOS, and somehow fail(assume it happens next year around June or July, at that time, my status either will be opt-extension or H-1B Cap Gap if i get picked from the H1 lottery). It will revert back to my original status(OPT extension or H1 cap gap)? And I don't have to worry of my status also if I leave US, I can still enter back with either F1 visa(OPT) or H1 visa?

If go CP, since I leave US for CP process. Case 1 is I am in OPT extension, if it fails, I shows immigration intent so I can not get back to US with F1 visa. Correct?
Case 2 is I got picked from H1 and status is H1 cap gap, so if the CP fails, I can use H1 visa to get back? (But is it safe to leave US during the H1 cap gap period?)

Thank you.

When asking multiple questions in one post, be sure to number your questions. It makes providing a response much easier.

1a. Yes.
1b. Like I earlier on responded to @asarrion above, admission or re-admission into the US is always at the discretion of the CBP officer. Having a valid visa does not guarantee an admission - only USC are guaranteed admissions back into the US.
2. Yes, you may be denied re-admission on the basis of having demonstrated an immigrant intent.
3a. Possibly yes. H1 is a dual intent visa
3b. I don't know. I only provide guidance on DV based AOS process - I've gone a little bit beyond what I typically do as a matter of fact.

 

[Sm1smom]

I was selected for DV 2018 and am from Africa. My Case Number is AF33*** which seems is a high number and might be current from May to June next year. I want to process using AOS and am the Primary applicant with my wife and kids back in Africa. I cannot go back as I have a pending asylum here in US.
With such a high CN is there a possibility of my family not being able to be processed for green card in my home country after my AOS?
Also is there anything one can do in case time is about to run out after the AOS is approved to ensure they get green card before September 31?
Any other advice will be greatly appreciated.

1. Yes, that's a possibility.

2. Start by praying, if you believe in prayers. How soon or how late you're able to complete your portion of the process will determine the fate of your derivatives. Once you're approved you'll need to coordinate things with USCIS and your US home embassy to ensure USCIS forwards your case file to the appropriate embassy ASAP and the embassy will need to be able to schedule them for an interview on or before 7/30 COB.

 

[Mxmlittle]

When asking multiple questions in one post, be sure to number your questions. It makes providing a response much easier.

1a. Yes.
1b. Like I earlier on responded to @asarrion above, admission or re-admission into the US is always at the discretion of the CBP officer. Having a valid visa does not guarantee an admission - only USC are guaranteed admissions back into the US.
2. Yes, you may be denied re-admission on the basis of having demonstrated an immigrant intent.
3a. Possibly yes. H1 is a dual intent visa
3b. I don't know. I only provide guidance on DV based AOS process - I've gone a little bit beyond what I typically do as a matter of fact.

Thank you.
Have some follow up questions

1 (AOS process), the address in DS260 form is not an issue. Only when submit AOS package, the address in the package will be the GC deliver address. Which means the address in 260 and later on AOS package can be different, but GC will be mail to the AOS's address, correct?

2 (If go CP) The address in DS260 will be the only address that GC mail to. No way to change that address after submit DS260. Which means it is very important to find relatives or friends that live in US and use their addresses. Correct?

3a I have heard cases that selectee submitted DS260 to inform KCC they want to choose AOS to process, but later on regretted, then call KCC(or email KCC) to change to CP process then flew back to original country to interview. Is this accountable?
3b The story they share mention the risk is the receipt they already paid when process AOS. When they switched back to CP, they have to had KCC informed the interviewer that they already paid. Correct?

 

[SusieQQQ]

Thank you.
Have some follow up questions



2 (If go CP) The address in DS260 will be the only address that GC mail to. No way to change that address after submit DS260. Which means it is very important to find relatives or friends that live in US and use their addresses. Correct?

2, not correct. You can change the address at the interview, and again when you enter the US.