DV 2018 AOS Only

[Sm1smom]

Hey everyone,

I spent a lot of time reading up on this, and I've emerged with a much better understanding but also one or two more questions -- thanks for bearing with me!

1) From [1], I thought I would have to file G-325 (or maybe G-325a) with my I-485; but the I-485 instructions say it is not required anymore. So that means I should not file it, right?
2) I don't seem to have I-797; should I have been issued one at some point / search harder for it? I am on an F1-VISA and never had any adjustments to it or anything like that.
3) Evidence of Financial Support:
3.i) I have reasonably large assets (>40k $) in bank accounts outside the US; will this `count' or do assets have to be in US currency? If it counts, can I submit a certified translated bank statement?
3.ii) As an F1 student, I have fellowship income (>30$k/yr); if I send in my admission letter stating the annual amount + tax transcripts, will that help towards demonstrating no public charge?
3.iii) Given (3.i) and (3.ii), will it make a difference whether I file an I-134 (affidavit of support)?

(I am aware that the new I-485 states there is no need to demonstrate evidence of financial support, but I seem to be getting the impression that you guys are suggesting `better safe than sorry' and am definitely agreed!)

Thanks so much again!

Best,
Leon

[1] cannot post link as <5 posts, but it is the first result when you google "greencard diversity visa uscis"

1. The new I-485 now includes the G-325 form, so there's no need to fill a separate one.

2. You wouldn't have an I-797 if you've never applied for any form of immigration benefit from USCIS, so nothing to worry about.

3.i. Will not account, asset is not in the US.
ii. Most likely yes.
iii. Filing an I-134 is always the best option.

 

[pel742]

Go ahead and file your EAD extension, it will not impact your AOS petition.

Hi Mom,

Thank you for replying and allow me to make it clear. As far as I know, when people get nonimmigration visas and come to US, they cannot change their statuses in 90 days or may be considered as visa fraud.

On my case, please correct me if I am wrong, even we apply for the i485 right after renewing/extending both E-2 and EAD card, and we won’t be regarded as status/visa fraud or get into any trouble. Is that what you meant?

Thank you

 

[Sm1smom]

Hi Mom,

Thank you for replying and allow me to make it clear. As far as I know, when people get nonimmigration visas and come to US, they cannot change their statuses in 90 days or may be considered as visa fraud.

On my case, please correct me if I am wrong, even we apply for the i485 right after renewing/extending both E-2 and EAD card, and we won’t be regarded as status/visa fraud or get into any trouble. Is that what you meant?

Thank you

There's a difference between coming into the US on a NIV with preconceived immigrant intent and renewing an existing status prior to submitting an AOS petition.

I've already told you it's okay to file for the extension. Your situation is not quite different from an F1 student filing for AOS shortly after OPT approval.

 

[just_a_tech]

Hi Mom,

Follow up question, I am in a paradoxical situation here. Let me remind you my case, I am DV selectee will be doing AOS. Will submit my DS260 following 60 day rule after traveling back to my country for marriage. Both I and my fiance are f1 students and will be getting new visas once we leave the US. Now my questions are:
1) Now since my plan for marriage was for summer 2018 and not for fall 2017, I wanted to mention about it in IO interview that I was planning to get married later (after finishing masters) but DV selection was the reason for early marriage. However, since we would be getting new visas before arriving that means that we had AOS intention when applying for visas. Would that be something that I need to be cautious about?
2) Is it safe to travel to my country in legal terms for AOS, given that we both have degrees', life and all else in the US to get our f1 visas but at the same time we will be having AOS intention? Although, legally speaking we haven't submitted DS260 so no intention in terms of legality. It's something that bugs me...
3) Is also DV selection means that I have immigration intent even without submitting DS260? The reason I am asking is, will consulate know about my selection and if so, would they consider it as immigration intent?

Thank you very much in advance, can't thank enough!

 

[Sm1smom]

Hi Mom,

Follow up question, I am in a paradoxical situation here. Let me remind you my case, I am DV selectee will be doing AOS. Will submit my DS260 following 60 day rule after traveling back to my country for marriage. Both I and my fiance are f1 students and will be getting new visas once we leave the US. Now my questions are:
1) Now since my plan for marriage was for summer 2018 and not for fall 2017, I wanted to mention about it in IO interview that I was planning to get married later (after finishing masters) but DV selection was the reason for early marriage. However, since we would be getting new visas before arriving that means that we had AOS intention when applying for visas. Would that be something that I need to be cautious about?
2) Is it safe to travel to my country in legal terms for AOS, given that we both have degrees', life and all else in the US to get our f1 visas but at the same time we will be having AOS intention? Although, legally speaking we haven't submitted DS260 so no intention in terms of legality. It's something that bugs me...
3) Is also DV selection means that I have immigration intent even without submitting DS260? The reason I am asking is, will consulate know about my selection and if so, would they consider it as immigration intent?

Thank you very much in advance, can't thank enough!

1. Only answer questions asked. Keep it short, straight to the point.

2. Admission or re-admission into the US is never guaranteed unless you're a USC. You can consider going through an "informal" wedding ceremony in the US and then go back home after getting your GC and do the "real" wedding - that's an option you might want to consider, eliminates the need to go home and apply for a new visa. This is what I would do if I was in your shoes.

3. No, DV selection without DS260 submission does not consistute a demonstrated immigrant intent, it however shows a desired immigrant intent. And yes, the embassy will be aware of your selection.

 

[just_a_tech]

1. Only answer questions asked. Keep it short, straight to the point.

2. Admission or re-admission into the US is never guaranteed unless you're a USC. You can consider going through an "informal" wedding ceremony in the US and then go back home after getting your GC and do the "real" wedding - that's an option you might want to consider, eliminates the need to go home and apply for a new visa. This is what I would do if I was in your shoes.

3. No, DV selection without DS260 submission does not consistute a demonstrated immigrant intent, it however shows a desired immigrant intent. And yes, the embassy will be aware of your selection.

Thank you Mom,

Revising my 1st question, I travel to my home country and come back with new f1 visa. During the AOS, in the interview with IO if asked about marriage I tell the truth and that is: I did marriage earlier than planned due to DV selection. In the interview IO may think that I had immigration intent when applying for visa during my travel to my home country. But getting F1 visa is the only way I can continue my studies here in the US. Would that be something that I need to be worried?

Thank you!

 

[Sm1smom]

Thank you Mom,

Revising my 1st question, I travel to my home country and come back with new f1 visa. During the AOS, in the interview with IO if asked about marriage I tell the truth and that is: I did marriage earlier than planned due to DV selection. In the interview IO may think that I had immigration intent when applying for visa during my travel to my home country. But getting F1 visa is the only way I can continue my studies here in the US. Would that be something that I need to be worried?

Thank you!

Of course you should be concerned about that which is why I brought the option of getting married in the US to your attention. The IO can ask about anything. You obviously have an immigrant intent of processing AOS even if you've not yet demonstrated that, the IOs will be able to add 2 and 2 together and deduce that if they choose to. The IO can therefore deny your AOS petition if they feel you entered the US on a NIV (based on your unique situation) with the intent of status adjustment.

Also bear in mind your F1 visa petition will definitely not be granted by the embassy if they're able to determine you plan on going back to process AOS, they will deny your F1 and ask you to stay back and process CP. Remember when you apply for a NIV, you're telling the CO you have strong ties to your home country and you plan on returning.

 

[just_a_tech]

Of course you should be concerned about that which is why I brought the option of getting married in the US to your attention. The IO can ask about anything. You obviously have an immigrant intent of processing AOS even if you've not yet demonstrated that, the IOs will be able to add 2 and 2 together and deduce that if they choose to. The IO can therefore deny your AOS petition if they feel you entered the US on a NIV (based on your unique situation) with the intent of status adjustment.

Also bear in mind your F1 visa petition will definitely not be granted by the embassy if they're able to determine you plan on going back to process AOS, they will deny your F1 and ask you to stay back and process CP. Remember when you apply for a NIV, you're telling the CO you have strong ties to your home country and you plan on returning.

Alright, gotcha! Thanks for clarification. I will keep posted everyone on how things progress. I also entered myself in spreadsheet timeline.
Thank you mom, you are great!

 

[el_sergio]

Hey everyone!
My case number is EU24XXX. I am trying to figure out what is the best way to me doing consular processing or adjustment of status. Do you think my case number is too high for AOS? I heard that it usually takes more time to schedule an interview for AOS.
Thanks!

 

[Sm1smom]

Hey everyone!
My case number is EU24XXX. I am trying to figure out what is the best way to me doing consular processing or adjustment of status. Do you think my case number is too high for AOS? I heard that it usually takes more time to schedule an interview for AOS.
Thanks!

No your CN is not too high for AOS. What is your current status? When does it expire? Are you aware of the common pros and cons of AOS vs CP outside 'it takes more time to schedule an interview for AOS? And have you gone through the AOS process spreadsheet?
http://goo.gl/0va2DU

 

[el_sergio]

No your CN is not too high for AOS. What is your current status? When does it expire? Are you aware of the common pros and cons of AOS vs CP outside 'it takes more time to schedule an interview for AOS? And have you gone through the AOS process spreadsheet?

Thank you, Sm1smom! It is DV2018 so it expires in September 2018. I am about to fill out my DS-260 form. I am familiar with pros and cons, and as you mentioned it takes more time to schedule an interview for AOS. It's my biggest concern because with such a high number as I have I could easily run out of time (and they could run out of available green cards). In the AOS spreadsheet, there are no successful cases with high CN. Do you know any other resources where I can find examples of successful cases with high CN?

 

[Britsimon]

Thank you, Sm1smom! It is DV2018 so it expires in September 2018. I am about to fill out my DS-260 form. I am familiar with pros and cons, and as you mentioned it takes more time to schedule an interview for AOS. It's my biggest concern because with such a high number as I have I could easily run out of time (and they could run out of available green cards). In the AOS spreadsheet, there are no successful cases with high CN. Do you know any other resources where I can find examples of successful cases with high CN?

Mom asked about YOUR visa - not when the DV expires.

You didn't check the spreadsheet well enough - there are plenty of examples of case numbers higher than yours processing AOS (obviously in previous years). As Mom already told you, your number will have plenty of time and by the way, is safe.

Now slow down, and study the spreadsheet.

 

[Sm1smom]

Thank you, Sm1smom! It is DV2018 so it expires in September 2018. I am about to fill out my DS-260 form. I am familiar with pros and cons, and as you mentioned it takes more time to schedule an interview for AOS. It's my biggest concern because with such a high number as I have I could easily run out of time (and they could run out of available green cards). In the AOS spreadsheet, there are no successful cases with high CN. Do you know any other resources where I can find examples of successful cases with high CN?

Yes I know September 2018 is the end of the fiscal year applicable to DV 2018. And like Simon already responded, I was asking about your current status in the US!

No successful cases with high CN on the spreadsheet? Care to clarify that statement? Is it like you couldn't find high CNs that successfully processed AOS listed or you found high CNs which were not able to complete the process? What is the highest CN you found on the spreadsheet and which year's spreadsheet by the way since we have more than one Timelines spreadsheet?

 

[geol8]

Hi, case Update:

Case number: 2018SA000001XX
Current: October 2017
Package sent: 08/10/2017
Chicago LockBox: 08/12/2017 (saturday closed, so was received on monday 08/14/2017)
Acceptance Text and e-mail: 08/22/2017, 12:30 am
Currently waiting for NOA.

Thanks

 

[el_sergio]

Yes I know September 2018 is the end of the fiscal year applicable to DV 2018. And like Simon already responded, I was asking about your current status in the US!

No successful cases with high CN on the spreadsheet? Care to clarify that statement? Is it like you couldn't find high CNs that successfully processed AOS listed or you found high CNs which were not able to complete the process? What is the highest CN you found on the spreadsheet and which year's spreadsheet by the way since we have more than one Timelines spreadsheet?

Thank you Simon and Mom! I am a graduate student in the US, about to start my second and final year at business school. Currently, I am in my home country waiting for my new F-1 visa (the old one expired in June). I will enter the US again at September 1st. So I am planning to fill out my DS-260 early in September after I enter the borders. (do I need to comply with the 30-60-90 rule by the way?)

Simon was right. I was not attentive enough. There are plenty of examples with higher than mine CN in 2015. Though in 2016 and 2017, the highest successful numbers for EU were 24XXX and 21XXX, correspondingly. There is one higher CN in 2017 but without info on GC received and Interview date. So the final outcome is uncertain for me. As 2016 and 2017 are the most recent years available, It's quite scary that there is no information on higher CN in the 2016-17 Timelines.

 

[Britsimon]

Thank you Simon and Mom! I am a graduate student in the US, about to start my second and final year at business school. Currently, I am in my home country waiting for my new F-1 visa (the old one expired in June). I will enter the US again at September 1st. So I am planning to fill out my DS-260 early in September after I enter the borders. (do I need to comply with the 30-60-90 rule by the way?)

Simon was right. I was not attentive enough. There are plenty of examples with higher than mine CN in 2015. Though in 2016 and 2017, the highest successful numbers for EU were 24XXX and 21XXX, correspondingly. There is one higher CN in 2017 but without info on GC received and Interview date. So the final outcome is uncertain for me. As 2016 and 2017 are the most recent years available, It's quite scary that there is no information on higher CN in the 2016-17 Timelines.

There are no higher case numbers mostly because the selectees in those years were low. Mom and I also told you your number is safe. So - it's safe.

 

[el_sergio]

There are no higher case numbers mostly because the selectees in those years were low. Mom and I also told you your number is safe. So - it's safe.

Thanks Simon! How many days you think I need to wait before submitting my DS-260 after I enter the country? 0, 30, 60?

 

[Britsimon]

Thanks Simon! How many days you think I need to wait before submitting my DS-260 after I enter the country? 0, 30, 60?

Again. SLOW DOWN. You have months to wait, so no need to rush around like a headless chicken.

Mom is the expert, wait for her input after the additional info you gave above.

 

[OJEE]

Hi Mom and BritSimon
Here is my Situation.
Currently on E2 visa but visa is not on our passport. We applied renewed E2 from USCIS.
Right now we are waiting for approval for another 2 year on our E2. (should get an answer in a few weeks)
My wife is selected for DV2018 with high number like EU375xx We didn't submit DS260 since we are still not 100% sure about doing AOS or CP.
If our E2 renewal is declined I believe we will have 30 days to leave the USA.
1) If E2 was declined do you think that we should just leave the USA and wait for CP or we have any other option to stay in USA since we have an upcoming AOS.
I read the spreadsheet and following all the DV2018 blog posts and still worried that if our number becomes current like July, August AOS might take longer time and can not get a visa number.
2) I think visa number is being reserved for applicant when there is an interview date scheduled. (not when they received AOS package) If it is the case Can we say that someone has a same number like us if they get the interview date earlier than us they will use one of the available visa.

3) My wife's passport will expire on Dec 2018 and we can not renew it 6 month before it expires. which is June 2018 and that is just around the time we need to apply for AOS or CP. Do you have any suggestion. Since we are already inside USA If we do AOS do we still need to have a more than 6 months valid passport?

 

[Sm1smom]

Thank you Simon and Mom! I am a graduate student in the US, about to start my second and final year at business school. Currently, I am in my home country waiting for my new F-1 visa (the old one expired in June). I will enter the US again at September 1st. So I am planning to fill out my DS-260 early in September after I enter the borders. (do I need to comply with the 30-60-90 rule by the way?)

Simon was right. I was not attentive enough. There are plenty of examples with higher than mine CN in 2015. Though in 2016 and 2017, the highest successful numbers for EU were 24XXX and 21XXX, correspondingly. There is one higher CN in 2017 but without info on GC received and Interview date. So the final outcome is uncertain for me. As 2016 and 2017 are the most recent years available, It's quite scary that there is no information on higher CN in the 2016-17 Timelines.

When did you find out about your DV selection and where were you - in the US or outside the US?

US immigration typically frowns on what you're trying to do - applying for a NIV with the mind of coming into the US to process AOS. You need to be aware of the fact that your AOS petition could be denied on the basis of having a preconceived intent of adjusting status when you applied for your NIV and/or when you were admitted back into the US regardless of if you waited 60 or 90 days prior to formally declaring your AOS intent. Your F1 visa petition will obviously not be approved if you were to disclose the fact that you intend to file for AOS once you get back since you will be declaring your intention of returning to your home country at the end of your studies as part of the requirements for being granted with a NIV.

For sheez! You keep saying highest successful CN as if you have evidence of higher CNs who processed AOS and did not successfully complete the process or get approved. FYI: the Timelines spreadsheets are filled out on a voluntary basis. While we encourage users to fill out their timelines on it for the benefit of others, we certainly can't force them to do so. Bear in mind DV2017 still has over a month to go, so I don't understand how you could use the one case that hasn't been completely filled out to decide higher CNs processing AOS do not successfully complete the process. You may want to spend some time going over the past DV AOS Threads by the way to read of stories of CNs that became current in Sept and successfully completed the process.