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DV 2018 AOS Only

My wife won the DV lottery, we've already been living in the US since 2013 on my O-1 visa, she's had the O-3 visa.

She just sent off DS260 with intent to do AOS, problem is that the last time we went out of the US to get our visas I got my O-1 visa which expires in Sept 2018 but my wife's passport had an expiry date of Sept 2017 (this year), so they only stamped her O-3 visa to expire Sept 2017. When we got back to the US, she got a new passport with a later expiry date which means her O-3 is stamped only in her old passport.

My questions are...

1. Does she need to leave the country to get an O-3 stamped in her new passport which would show a visa expiry date of September 2018 or is she able to continue to stay in the US because O-3 visa's are tied to O-1 visa's and as my visa only expires Sept 2018, we still have time?

2. If we do have to leave the US to get her visa stamped in her new passport, will that be an issue to be stamping a non immigrant visa while she's already sent off DS260 for an immigrant visa?

Thanks for your help
 
Hemi said:
My wife won the DV lottery, we've already been living in the US since 2013 on my O-1 visa, she's had the O-3 visa.

She just sent off DS260 with intent to do AOS, problem is that the last time we went out of the US to get our visas I got my O-1 visa which expires in Sept 2018 but my wife's passport had an expiry date of Sept 2017 (this year), so they only stamped her O-3 visa to expire Sept 2017. When we got back to the US, she got a new passport with a later expiry date which means her O-3 is stamped only in her old passport.

My questions are...

1. Does she need to leave the country to get an O-3 stamped in her new passport which would show a visa expiry date of September 2018 or is she able to continue to stay in the US because O-3 visa's are tied to O-1 visa's and as my visa only expires Sept 2018, we still have time?

2. If we do have to leave the US to get her visa stamped in her new passport, will that be an issue to be stamping a non immigrant visa while she's already sent off DS260 for an immigrant visa?

Thanks for your help
Click to expand...

I typically like to stay away from none DV related questions and these specific questions you've posted are technically speaking none DV questions.

Having said that I believe yes, your wife denitely needs a new visa stamp. Regardless of the fact that her visa is tied to yours as your derivative, her granted stay is only until Sept 2017, she needs to take care of that.
 
Sm1smom said:
I typically like to stay away from none DV related questions and these specific questions you've posted are technically speaking none DV questions.

Having said that I believe yes, your wife denitely needs a new visa stamp. Regardless of the fact that her visa is tied to yours as your derivative, her granted stay is only until Sept 2017, she needs to take care of that.
Click to expand...

Understood, thanks for your reply.

I guess the DV related part is, will her leaving the US to get her new passport stamped with a non immigration O-3 visa to come back to the US to continue the DV process have a negative effect seeing as though the 0-3 is non immigrant and the DV is for immigrant visa?
 
Hemi said:
Understood, thanks for your reply.

I guess the DV related part is, will her leaving the US to get her new passport stamped with a non immigration O-3 visa to come back to the US to continue the DV process have a negative effect seeing as though the 0-3 is non immigrant and the DV is for immigrant visa?
Click to expand...

You say potato, and I say potatoe .... the 2nd question is equally outside the realm of the DV process I prefer to focus on, nonetheless I will make an exception and respond to the best of my knowledge.

I believe your wife shouldn't have submitted the DS260 until after returning from her visa stamping. She however should be okay in this case because you have an O-1 visa which is a dual-intent visa, and as your dependent, that coverage extends to her also. So demonstration of an immigrant intent should not on its own lead to a denial of her visa renewal or the DV petition.

9 FAM 402.13-5(C) Effect of Filing Immigrant Visa Petition says:
DHS has determined that the approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for denying an O petition, a request to extend such a petition, or the alien’s application for admission, change of status, or extension of stay. The alien may legitimately come to the United States for a temporary period as an O nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States.

https://fam.state.gov/fam/09FAM/09FAM040213.html​
 
Sm1smom said:
You say potato, and I say potatoe .... the 2nd question is equally outside the realm of the DV process I prefer to focus on, nonetheless I will make an exception and respond to the best of my knowledge.

I believe your wife shouldn't have submitted the DS260 until after returning from her visa stamping. She however should be okay in this case because you have an O-1 visa which is a dual-intent visa, and as your dependent, that coverage extends to her also. So demonstration of an immigrant intent should not on its own lead to a denial of her visa renewal or the DV petition.

9 FAM 402.13-5(C) Effect of Filing Immigrant Visa Petition says:
DHS has determined that the approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for denying an O petition, a request to extend such a petition, or the alien’s application for admission, change of status, or extension of stay. The alien may legitimately come to the United States for a temporary period as an O nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States.
​
Click to expand...
Thank you!
 
Hi All,

Please help, I got complicated case which I couldn't get satisfying answer from 2 lawyers I consulted to...
I am a selectee for DV2018 with case number EU222xx, single male with f1 status. So here is the issue, I haven't filled out DS-260 yet and I am planning on getting married, by fiance is also in the US with f1 status. For marriage, we have to leave the US in upcoming september or october (I know the best way is to get married here and do the application, but my family is so conservatives that they want us there). This rises several questions:
1) Do I need to fill out DS-260 at all since I will be doing AOS (one lawyer said I didnt need to, but just need to pay $330 and do marriage in oct or sep)?
a) If yes, I prefer to do marriage in oct. Will it harm or reduce my chances if I fill out DS-260 mid oct vs mid sep?
b) If no, do I need to pay the application fee and how do I do it without filling ds-260?
2) My biggest concern, will holding my ds-260 affect my chances of receiving gc further down the road?
3) Is submitting DS-260 as married and then leave the us to get married and come back in a week is an option?

I would greatly appreciate a hand on this, I am so confused as to how to proceed.

Thanks
 
just_a_tech said:
Hi All,

Please help, I got complicated case which I couldn't get satisfying answer from 2 lawyers I consulted to...
I am a selectee for DV2018 with case number EU222xx, single male with f1 status. So here is the issue, I haven't filled out DS-260 yet and I am planning on getting married, by fiance is also in the US with f1 status. For marriage, we have to leave the US in upcoming september or october (I know the best way is to get married here and do the application, but my family is so conservatives that they want us there). This rises several questions:
1) Do I need to fill out DS-260 at all since I will be doing AOS (one lawyer said I didnt need to, but just need to pay $330 and do marriage in oct or sep)?
a) If yes, I prefer to do marriage in oct. Will it harm or reduce my chances if I fill out DS-260 mid oct vs mid sep?
b) If no, do I need to pay the application fee and how do I do it without filling ds-260?
2) My biggest concern, will holding my ds-260 affect my chances of receiving gc further down the road?
3) Is submitting DS-260 as married and then leave the us to get married and come back in a week is an option?

I would greatly appreciate a hand on this, I am so confused as to how to proceed.

Thanks
Click to expand...

1. We typically encourage all selectees and their derivatives to submit the DS260 form. This enables the KCC to know you plan on processing your DV selection. Wait at least 2 months (if possible 3) after your return to the US before submitting the DS260 form.

2. DS260 form submission date has no impact on a DV based AOS petition.

3a. No that is not an option.You cannot submit the DS260 form now as married when you're not married - that would be a lie
b. Submitting the DS260 form now and traveling out with the mind of returning to process AOS is a bad idea
c. See response 1 above.
 
Sm1smom said:
1. We typically encourage all selectees and their derivatives to submit the DS260 form. This enables the KCC to know you plan on processing your DV selection. Wait at least 2 months (if possible 3) after your return to the US before submitting the DS260 form.

2. DS260 form submission date has no impact on a DV based AOS petition.

3a. No that is not an option.You cannot submit the DS260 form now as married when you're not married - that would be a lie
b. Submitting the DS260 form now and traveling out with the mind of returning to process AOS is a bad idea
c. See response 1 above.
Click to expand...

I sincerely appreciate your reply, it relieves me to know that I have that flexibility. Though quick follow up question, you mentioned that I need to wait 2-3 month after I return to the US. May I ask for the reason of it?
I would be returning back to the us mid October and wanted to submit ds260 right away, but 2 month would put me back in December. Wouldn't that be a bit late and wouldn't that reduce my chances as available visas a limited? Or am I being oversensitive about all this stuff.

Thank you very much in advance!
 
just_a_tech said:
I sincerely appreciate your reply, it relieves me to know that I have that flexibility. Though quick follow up question, you mentioned that I need to wait 2-3 month after I return to the US. May I ask for the reason of it?
I would be returning back to the us mid October and wanted to submit ds260 right away, but 2 month would put me back in December. Wouldn't that be a bit late and wouldn't that reduce my chances as available visas a limited? Or am I being oversensitive about all this stuff.

Thank you very much in advance!
Click to expand...

I suggested waiting 60 - 90 days before submitting your DS260 form because submitting the form immediately following your return puts you at risk of your AOS petition being denied. You're not supposed to enter the US on a none immigrant visa with the mind of processing AOS. Since you were already in the US when you found out about your DV selection, waiting 60 - 90 days after you return helps you overcome the charge of preconceived intent of processing AOS.

I already said the DS260 submission date has no impact, so I don't know why you're stressing over it being late if you were to wait until December before submitting it. Plus the FY year only starts in October anyways.

By the way, are you aware of all the steps involved with processing AOS?
 
Sm1smom said:
I suggested waiting 60 - 90 days before submitting your DS260 form because submitting the form immediately following your return puts you at risk of your AOS petition being denied. You're not supposed to enter the US on a none immigrant visa with the mind of processing AOS. Since you were already in the US when you found out about your DV selection, waiting 60 - 90 days after you return helps you overcome the charge of preconceived intent of processing AOS.

I already said the DS260 submission date has no impact, so I don't know why you're stressing over it being late if you were to wait until December before submitting it. Plus the FY year only starts in October anyways.

By the way, are you aware of all the steps involved with processing AOS?
Click to expand...

I appreciate your fast response.
Yeah, that came to my mind though I ignored it because I have been in US for 6 years and we provide previous addresses in DS-260 which allowed me to conclude that it wasn't likely the reason for 60-90 days at first.
But I haven't thought about it that way. Thank you so much for clarification and yeah I am aware of the steps (read through Google sheet file).
Great forum, very informative can't thank enough for help your provide! :)
 
1. My wife and kids had to go out of US, entered back on TN1, then 45 days later submitted DS 260, should this be ok?, if not what do you suggest to do?
2. Regarding vaccinations, we don't have the records for my wife childhood, we have it for the kids though, what should we do?
3. We submitted DS 260, should we go a head and pay, is it 330 for wife and two kids for total of 990?
 
Nick1234 said:
1. My wife and kids had to go out of US, entered back on TN1, then 45 days later submitted DS 260, should this be ok?, if not what do you suggest to do?
2. Regarding vaccinations, we don't have the records for my wife childhood, we have it for the kids though, what should we do?
3. We submitted DS 260, should we go a head and pay, is it 330 for wife and two kids for total of 990?
Click to expand...

1. It should hopefully be okay, I would have recommended waiting at least 60 days though.
2. Nothing. The CS will administer the applicable vaccines when she goes for her medical.
3. Please refer to the AOS process spreadsheet for guidance on when to pay. Yes, the DV administrative fee is $330 per person.
 
Guys,
Do I write zeros in my case number in Money order for $330 DV Administrative fee? 2018EU0000** or 2018EU**?
Thanks in advance!
 
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