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DV 2018 AOS Only

Jarr

New Member
Hi, i have a question regarding the i-485 supporting documents tax return. I'm a selectee with AS5**** F1 student and I hire an accountant to do the tax return to me and I just checked today he did the 1040 form not the 1040NR. Will this affect the decision? and do you have any suggestions about how to fix this? Thank you very much.
 

deeprai

Member
Mom is correct of course. The instructions CLEARLY state you can use your spouse's country if your own is not eligible.

I am sorry. Little knowledge is a dangerous thing. Please delete my post so that others do not mistakenly follow my advise. Thanks Mom and SusieQQQ for enlightening me and others.
 

Sm1smom

Super Moderator
Hi, i have a question regarding the i-485 supporting documents tax return. I'm a selectee with AS5**** F1 student and I hire an accountant to do the tax return to me and I just checked today he did the 1040 form not the 1040NR. Will this affect the decision? and do you have any suggestions about how to fix this? Thank you very much.

I'm sorry I don't get into tax related issues
 

DV4ROGER

Active Member
Hi, i have a question regarding the i-485 supporting documents tax return. I'm a selectee with AS5**** F1 student and I hire an accountant to do the tax return to me and I just checked today he did the 1040 form not the 1040NR. Will this affect the decision? and do you have any suggestions about how to fix this? Thank you very much.
It's possible that you're considered a United States resident for tax purposes and have to file form 1040, see

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

But also this

https://www.irs.gov/individuals/international-taxpayers/exempt-individual-who-is-a-student
 

Sheree

Member
1. You didn't ask any question, just made a statement.

2. You are technically not filing H1B and AOS together, they are two different process. If your question is if it is possible to have both petitions in the system at the same time without one jeopardizing the other, the answer is yet.

3. Whoever suggested you guys shouldn't bother on filing for GC but focus on the H1B doesn't know anything about the process - be very wary of them (anyway maybe I shouldn't be so hard on them, you already stated they were confused when you told them about your GC opportunity).

H1B is a dual intent visa, having it and a GC petition in the system at the same time is perfectly okay. You guys can have the employer continue with the H1B, while you process the AOS on your own. They don't need to know about it, if the AOS gets approved first you then go back and let them know and they can withdraw the H1B petition at that point.

Thank you very much.
I have another question. My husband has valid Visa till 2020, but my F1 visa is currently expired. I maintain my status via valid I-20 and enrolled full time as a student. I am also planing to apply for OPT post August graduation. Since my husband is the lottery winner, when I apply with him for GC process, am I eligible to file it through AOS? Thank you.!!
 

Sm1smom

Super Moderator
Thank you very much.
I have another question. My husband has valid Visa till 2020, but my F1 visa is currently expired. I maintain my status via valid I-20 and enrolled full time as a student. I am also planing to apply for OPT post August graduation. Since my husband is the lottery winner, when I apply with him for GC process, am I eligible to file it through AOS? Thank you.!!

Let's set the record straight here, your husband's current visa which is valid till 2020 is irrelevant here - it is not what determines whether he's in or out of status. Same thing with your expired visa.

The visa stamp on the passport is mainly the document used in admitting you into the US. As long as you still have a valid I-20, and you've been maintaining your status (no violations), you're eligible to process AOS with your husband.
 

Sm1smom

Super Moderator
Hello!

First post here, thankful for the information available.

After 5 years of entering, I finally got selected for DV2018.

  • However, my case number is 2018OC0000208x.
  • From my research about the process, and speaking with 2 friends who won in the last year, I believe this number is high?
  • However - I spoke with the KCC and they advised that for the last 2 years all numbers went CURRENT around May..
  • Can anyone shed some light on my chances or is that useless considering we don't know yet the stats on how many selectees, etc..
  • Also - wondering if the whole Trump issue would affect things this year - people last year applying for the lottery in October and early November would have been thinking Hillary was going to be president - wondering if the current political climate and the way the majority of the rest of the world currently views America and this current administration would be a deterrent for people that DID win but choose not to proceed if they get interviews... If this was the case it would mean that there is more hope for higher case numbers?
Thanks for any relevant responses.

This Thread is for DV based AOS related questions only please.
 

michigander

New Member
Hi,

First of all thanks for all the information you share in this forum and the google docs. They are incredible. I have gone through the spreadsheets and the forums but still have some questions. I hope someone had similar experiences and can help me.

I have been selected for DV2018 lottery. My case number is EU22xxx. From the last several years' data, I can estimate it will be current in April most probably (or maybe March or May but around that time.) . I am currently a PhD student in the US. My I-20 is valid is April 30, 2018 and my F1 visa runs through the end of July 2018. I don't expect to graduate in 2018. Since I am teaching all year round next year I don't think I will have time to go back to my country for CP, which I believe in my case would have been easier. My FO is going to be Detroit, MI.

My questions are as follows

1. I understand that Detroit FO deals with lottery DVs sporadically and the wait time is quite long according to the Google spreadsheets. My impression from the forum posts is that they are not very knowledgeable about the process. I even came across a case where a DV2016 winner was not able to get their green card although she was current in May and applied in a timely manner. And she was an F1 doctoral student just like me. My only option to do CP is taking a semester of leave of absence which means my graduation is gonna be delayed a semester and I will have to live off my parents at home. I really do not want to do that. Am I jeopardizing my chances too much by doing AOS in Detroit vs a CP?

2. I will need to extend my I-20 since it expires on April 30, 2018. Should I extend it before I submit DS-260? Moreover, after I submit my AOS application, am I going to need a EAP to continue teaching at the university ? ( working 20 hrs/week in the school is totally legal with the F1 visa but I am not allowed to work more)

3. I was planning to visit home around Christmas time. I understand delaying DS-260 submission till the travel is over is recommended. However, that will delay my processing especially if my case becomes current in March. Considering the fact that my FO seems not to be an efficient one, should I just cancel my travel plans to avoid any delays?

4. One of the documents that are asked is birth certificate. Because of political reasons I do not want to disclose here, I hold two passports from two different countries (one of which is my birth country) with the same first name but different surnames and my birth certificate has a name that's totally different from both of those. (e.g. let's say my names right now are Kamala Moustapha Muhammed for Country A and Kamala Barry for Country B. My birth certificate name is Katherina Ivanova Dimitrova.) I try to have a paper track of name changes but it's hard since I do not understand the language of my birth country and I was expelled from citizenship as an infant and reclaimed it when I was in college. My whole education documents and basically whole life is with the name I hold from the other country which also happens to be Middle Eastern one. My question is would all this names issue and being from Middle East make my background check extra long? Do you suggest hiring an immigration lawyer to increase my chances?

Thank you
 
Last edited:

Mxmlittle

Member
No, not necessarily the first step. The only reason to visit a local USCIS office is to find out if you're eligible to process AOS, and not for them to review your case. If you've never violated the status of your admission, been out of status, or undertaken unauthorized employment, you're eligible to process AOS. But if you still prefer, go ahead and make that trip to your local USCIS office.

The spreadsheet already lists the recommended steps from this forum, you however don't have to follow it if you don't think any of the step is necessary.
Thank you mom,
Some follow questions:
My case: my wife is principal applicant ( her birth country is not eligible, but she use my country of birth). She get picked, I am not.
1. For AOS process, all the forms and docs(like birth certificate, education degree, old/new passport...) in the AOS package, we have to submit both parties, correct? I mean even my wife is principal, but I should prepare my docs as the principal applicant do.
2. After sending out the AOS(can be in advance of 1 or 2 months when CN is current), just wait till the NOA, then biometrics. Then interview letter with date. So in the spreadsheet mentioned bring all the "original" docs to interview. In my case, my wife and I bring both parties' original docs to interview, correct?
3. After interview, the IO is not obligated to approve or review. So it means EVEN IO takes away the package and interview goes well. Still, have to wait until the text to phone saying that CPO or email notice of CPO, correct? And, from the date of interview to text notice, range will be the same day to 2 weeks or longer (depends on cases different), correct?
 

Seattle08

New Member
Hi
I was selected for DV2018 ,My CN is low probably will be available in December

I can't do AOS until I have my J1 waiver .

I have few questions
1-Do you know how long does it take to process AOS at Miami office ?

2-My wife also waiting her J1 waiver , she is now on pending asylum , Is there any issue with her AOS if her J1 waiver approved ?

Thank you in advance , keep doing the great work
 

Sm1smom

Super Moderator
Hi,

First of all thanks for all the information you share in this forum and the google docs. They are incredible. I have gone through the spreadsheets and the forums but still have some questions. I hope someone had similar experiences and can help me.

I have been selected for DV2018 lottery. My case number is EU22xxx. From the last several years' data, I can estimate it will be current in April most probably (or maybe March or May but around that time.) . I am currently a PhD student in the US. My I-20 is valid is April 30, 2018 and my F1 visa runs through the end of July 2018. I don't expect to graduate in 2018. Since I am teaching all year round next year I don't think I will have time to go back to my country for CP, which I believe in my case would have been easier. My FO is going to be Detroit, MI.

My questions are as follows

1. I understand that Detroit FO deals with lottery DVs sporadically and the wait time is quite long according to the Google spreadsheets. My impression from the forum posts is that they are not very knowledgeable about the process. I even came across a case where a DV2016 winner was not able to get their green card although she was current in May and applied in a timely manner. And she was an F1 doctoral student just like me. My only option to do CP is taking a semester of leave of absence which means my graduation is gonna be delayed a semester and I will have to live off my parents at home. I really do not want to do that. Am I jeopardizing my chances too much by doing AOS in Detroit vs a CP?

2. I will need to extend my I-20 since it expires on April 30, 2018. Should I extend it before I submit DS-260? Moreover, after I submit my AOS application, am I going to need a EAP to continue teaching at the university ? ( working 20 hrs/week in the school is totally legal with the F1 visa but I am not allowed to work more)

3. I was planning to visit home around Christmas time. I understand delaying DS-260 submission till the travel is over is recommended. However, that will delay my processing especially if my case becomes current in March. Considering the fact that my FO seems not to be an efficient one, should I just cancel my travel plans to avoid any delays?

4. One of the documents that are asked is birth certificate. Because of political reasons I do not want to disclose here, I hold two passports from two different countries (one of which is my birth country) with the same first name but different surnames and my birth certificate has a name that's totally different from both of those. (e.g. let's say my names right now are Kamala Moustapha Muhammed for Country A and Kamala Barry for Country B. My birth certificate name is Katherina Ivanova Dimitrova.) I try to have a paper track of name changes but it's hard since I do not understand the language of my birth country and I was expelled from citizenship as an infant and reclaimed it when I was in college. My whole education documents and basically whole life is with the name I hold from the other country which also happens to be Middle Eastern one. My question is would all this names issue and being from Middle East make my background check extra long? Do you suggest hiring an immigration lawyer to increase my chances?

Thank you

1. My recollection of the Detroit FO does not add up to what you've stated here - processing time is 3-4 months on average, not much different than most of the other FOs. If someone was current in May, filed in a timely manner and never got their GC by the end of the year, it probably had to do with a pending background. Which means the same thing would have happened if the person processed CP. Can you share the link to this case?

2. Yes extend your I-20 prior to the DS 260 submission. You're no longer eligible to work once your OPT is over. If you wish to continue working while your AOS is pending, then you'll need to apply for an AOS based EAD card. However I suggest you take a look at the 'AOS Package' tab of the AOS process spreadsheet - it has more information on using an AOS based EAD card.

3. When you send in your DS-260 form has no impact on AOS processing.

4. You will need to include documented information regarding all the name changes. And yes, it may delay your background check. You will simply be throwing your money away if you hire a lawyer for this reason - no lawyer can fast track or influence the background check.
 

Sm1smom

Super Moderator
Thank you mom,
Some follow questions:
My case: my wife is principal applicant ( her birth country is not eligible, but she use my country of birth). She get picked, I am not.
1. For AOS process, all the forms and docs(like birth certificate, education degree, old/new passport...) in the AOS package, we have to submit both parties, correct? I mean even my wife is principal, but I should prepare my docs as the principal applicant do.
2. After sending out the AOS(can be in advance of 1 or 2 months when CN is current), just wait till the NOA, then biometrics. Then interview letter with date. So in the spreadsheet mentioned bring all the "original" docs to interview. In my case, my wife and I bring both parties' original docs to interview, correct?
3. After interview, the IO is not obligated to approve or review. So it means EVEN IO takes away the package and interview goes well. Still, have to wait until the text to phone saying that CPO or email notice of CPO, correct? And, from the date of interview to text notice, range will be the same day to 2 weeks or longer (depends on cases different), correct?

1. Yes
2. Yes
3. Yes. Approval could be same day or months down the road
 

Sm1smom

Super Moderator
Hi
I was selected for DV2018 ,My CN is low probably will be available in December

I can't do AOS until I have my J1 waiver .

I have few questions
1-Do you know how long does it take to process AOS at Miami office ?

2-My wife also waiting her J1 waiver , she is now on pending asylum , Is there any issue with her AOS if her J1 waiver approved ?

Thank you in advance , keep doing the great work

1. Check the Timeline spreadsheets to get an idea of the average processing time for Miami. We have Timelines from 2011 -2017 (missing one or two years, I think). Link to all the Timeline spreadsheets can be found on one of the AOS process spreadsheet tabs.

2. No issue.
 

michigander

New Member
1. My recollection of the Detroit FO does not add up to what you've stated here - processing time is 3-4 months on average, not much different than most of the other FOs. If someone was current in May, filed in a timely manner and never got their GC by the end of the year, it probably had to do with a pending background. Which means the same thing would have happened if the person processed CP. Can you share the link to this case?

2. Yes extend your I-20 prior to the DS 260 submission. You're no longer eligible to work once your OPT is over. If you wish to continue working while your AOS is pending, then you'll need to apply for an AOS based EAD card. However I suggest you take a look at the 'AOS Package' tab of the AOS process spreadsheet - it has more information on using an AOS based EAD card.

3. When you send in your DS-260 form has no impact on AOS processing.

4. You will need to include documented information regarding all the name changes. And yes, it may delay your background check. You will simply be throwing your money away if you hire a lawyer for this reason - no lawyer can fast track or influence the background check.


Thank you for your answer. One thing though, I haven't started OPT or won't start within the next year.I work as a graduate student instructor which you can do with an F1 visa without exceeding 20 hrs/week.

The Detroit case that was never solved is in the last page DV2016 aos only theread. I am sorry I was not allowed to paste the link since I do not have 5 messages in the forum.

Here is the last part of he link : /threads/dv-2016-aos-only.326148/page-199#post-2443842:
 

Seattle08

New Member
1. Check the Timeline spreadsheets to get an idea of the average processing time for Miami. We have Timelines from 2011 -2017 (missing one or two years, I think). Link to all the Timeline spreadsheets can be found on one of the AOS process spreadsheet tabs.

2. No issue.
Thank you
 

Mxmlittle

Member
1. Yes
2. Yes
3. Yes. Approval could be same day or months down the road
Tha
1. Yes
2. Yes
3. Yes. Approval could be same day or months down the road
Thanks mom,

A question related to FO.
1. Which step, determines the FO location?
My currently lived in AZ, but might move to CT in the future. I don't want to have an interview location at AZ office after I move to CT.
2. When I receive interview letter with date and location, is it doable to make changes at that point?
 
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