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DV 2018 AOS Only

You’re struggling with this form because you’re over analyzing it and not paying enough attention to what you’re reading! The section you’re talking about is for your brother’s current dependents, not for a proposed beneficiary.

The question is are you currently dependent on your brother for support? Does your brother claim you as a dependent on his IRS tax filing? If either of this is yes, then your brother will need to indicate if you’re currently partly or wholly dependent on him. If the answer is no, then dependent section does NOT apply to you. Only the beneficiaries section of the form will directly apply.
I did not pay attention. It does not apply. Thanks mom.
 
Hi!
Me and my fiancée are in unusual situation. She was selected to the next stage of DV2018 while we were already a couple. Both F-1 Visa in US. Meanwhile we learned she is pregnant and we decided to get married in USA. Unfortunately things went wrong and we are not longer expecting. Of course we still want to get married, but now we are thinking about going to our home country in Europe for about 2 weeks and get married there so it's easier for our families. We expected our number to be current around July.Are there any issues we should be considered about? I know sending DS-260 is recommended but it is not required, right? We also know that if we decide to send DS-260 we should wait about 90 days after we come back to US.
 
Hi!
Me and my fiancée are in unusual situation. She was selected to the next stage of DV2018 while we were already a couple. Both F-1 Visa in US. Meanwhile we learned she is pregnant and we decided to get married in USA. Unfortunately things went wrong and we are not longer expecting. Of course we still want to get married, but now we are thinking about going to our home country in Europe for about 2 weeks and get married there so it's easier for our families. We expected our number to be current around July.Are there any issues we should be considered about? I know sending DS-260 is recommended but it is not required, right? We also know that if we decide to send DS-260 we should wait about 90 days after we come back to US.

So you’re no longer the selectee? Your fiancé is??
 
Came back from my Infopass today. Case is still awaiting scheduling. As for the EAD I was told to file an e-request ( which I did last week) . Crossing fingers :p
 
So you’re no longer the selectee? Your fiancé is??

Yes, sorry for that. Few months ago when she discovered she was selected, we were kinda scared about telling people about this because we didn't know if it's ok to have F-1 and apply for DV lottery. Now I know she didn't break any rules :p and I didn’t want to make it too complicated and I asked in behalf of her, I just thought it doesn’t really matter. I am sorry.
 
Yes, sorry for that. Few months ago when she discovered she was selected, we were kinda scared about telling people about this because we didn't know if it's ok to have F-1 and apply for DV lottery. Now I know she didn't break any rules :p and I didn’t want to make it too complicated and I asked in behalf of her, I just thought it doesn’t really matter. I am sorry.

You guys didn’t want to tell anybody about your fiancé’s selection because you weren’t sure if it was allowed or not, but you had no problem discussing with your school’s DSO who ended up confusing you back in October.

First thing you need to about about immigration is the fact that honesty is required, and that applies to faceless entities you’re seeking guidance from the Internet also. I don’t appreciate people wasting my time with hypothetical situations. Not presenting an accurate information is off-putting and it makes it hard to provide the right guidance.

Anyway, I recommend you go back and review my response back on October 12. It still applies in this situation even if the plan is to travel for a couple of weeks.
https://forums.immigration.com/threads/dv-2018-aos-only.336256/page-58#post-2466024
 
I hope this question is not too stupid to ask, is there a way to walk in for the interview Appointment, like the biometric one instead of waiting for the assigned date?
Received the appointment letter already for next month
 
On the interview letter states items must bring with you
•Completed i 693 unless already submitted (done)
•Completed I 864 unless already submitted
Do we really need the affidavit of Support still, or it is not required any longer?
I am confused
 
On the interview letter states items must bring with you
•Completed i 693 unless already submitted (done)
•Completed I 864 unless already submitted
Do we really need the affidavit of Support still, or it is not required any longer?
I am confused
It's because they're using a template. I guess the number of AOS based on DV isn't sufficient to mandate customization...
 
On the interview letter states items must bring with you
•Completed i 693 unless already submitted (done)
•Completed I 864 unless already submitted
Do we really need the affidavit of Support still, or it is not required any longer?
I am confused

That’s a generic IL which Your FO uses for all AOS petitions. As to wether or not you need an affidavit of support, your IO will make the final call. And if it turns out you need one, it will be an I-134, not the I-864 which is for family based AOS petitions.
 
You guys didn’t want to tell anybody about your fiancé’s selection because you weren’t sure if it was allowed or not, but you had no problem discussing with your school’s DSO who ended up confusing you back in October.

First thing you need to about about immigration is the fact that honesty is required, and that applies to faceless entities you’re seeking guidance from the Internet also. I don’t appreciate people wasting my time with hypothetical situations. Not presenting an accurate information is off-putting and it makes it hard to provide the right guidance.

Anyway, I recommend you go back and review my response back on October 12. It still applies in this situation even if the plan is to travel for a couple of weeks.
https://forums.immigration.com/threads/dv-2018-aos-only.336256/page-58#post-2466024



Well, our school is very small and specific and we talk with school’s DSO in private. Actually we both knew her and we knew we can trust her. But the whole situation was much more complicated and we are really sorry we couldn’t be more honest. Of course we don’t want to waste your time and we appreciate all your help. There is no many lawyers who know how does the lottery works. Some things are really embarrassing to ask and honestly today my fiancée encouraged me to post our doubts on the forum because we found only the one lawyer who knew what the lottery is... but we are still very careful and we want to check everything before we make any decision. But of course we understand your point ,you are right and what we did was silly. Anyways thank you for your help
 
Well, our school is very small and specific and we talk with school’s DSO in private. Actually we both knew her and we knew we can trust her. But the whole situation was much more complicated and we are really sorry we couldn’t be more honest. Of course we don’t want to waste your time and we appreciate all your help. There is no many lawyers who know how does the lottery works. Some things are really embarrassing to ask and honestly today my fiancée encouraged me to post our doubts on the forum because we found only the one lawyer who knew what the lottery is... but we are still very careful and we want to check everything before we make any decision. But of course we understand your point ,you are right and what we did was silly. Anyways thank you for your help

Especially if you think you did something incompatible with your status, you should have stated it here. It’s an anonymous forum ...how can you “check everything carefully” if you’re using a forum to help you do it but not provide relevant imfo?!

Anyway ... Re the traveling etc, have you considered having a court wedding in the US so you can legally do AOS as married, and then do a big ceremony in Europe with your family after? What will you do if you have all these wedding plans overseas and then - as can happen - you get surprised with when you’re current/interview date and need to be here when you’re there?
 
Not sure if this was asked before but I am now on an H4 visa (husband on H1B). I was selected for the DV2018 and we submitted the application earlier this month. We have our biometric appt scheduled next week. Since filing I got a job offer and they want to recapture time I have on my old H1B to fill the gap until the GC is approved. I just wanted to make sure its OK to have both applications filed. Do I need to notify USCIS of my change of status (from H4 to H1B) as it relates to the GC application? TIA
 
Well, our school is very small and specific and we talk with school’s DSO in private. Actually we both knew her and we knew we can trust her. But the whole situation was much more complicated and we are really sorry we couldn’t be more honest. Of course we don’t want to waste your time and we appreciate all your help. There is no many lawyers who know how does the lottery works. Some things are really embarrassing to ask and honestly today my fiancée encouraged me to post our doubts on the forum because we found only the one lawyer who knew what the lottery is... but we are still very careful and we want to check everything before we make any decision. But of course we understand your point ,you are right and what we did was silly. Anyways thank you for your help

Not to over-flog this issue, but I feel a need to point out the errors in your thinking. Your DSO’s first obligation is to the school and the US government by extension, not her friendship with you. If indeed your fiancée violated her status in anyway, the DSO was (and still) is obligated to terminate her SEVIS status regardless of her personal friendship or the size of your school. Knowing and trusting her should not prevent her from doing the right thing if she value her job. And if you guys were really trying to be careful, you should have been posting questions to determine if you’ve violated your status, after all this is an anonymous forum, and not about when to submit the DS-260 form or what the next step should be.

Anyway, you guys have apologized, so moving on ...

You were originally planning on getting married in the US, what’s stopping that? Your fiancée not being pregnant again (sorry for your loss) shouldn’t stop your original plan IMO. Go ahead and get married in the US and send in your AOS petition when your CN becomes current. You can always go back home after getting your GC for a bigger celebration or second wedding ceremony with family members back in Europe.

Your case is already going to be closely scrutinized as it is to ensure your marriage is real, don’t give them additional reasons for further scrutiny by leaving the US and returning to file AOS. You should start gathering evidence to prove your marriage is not a sham one and that you had an existing relationship prior to the DV selection. Also be sure to skype or FaceTime with each ther’s family and take screenshots to present as evidence that your families are aware of your marriage and are in support of it.

One last thing, you don’t need a lawyer for a straightforward DV based AOS process. Unless of course, there are other stuff you’re not telling us about.

All the best!
 
Came back from my Infopass today. Case is still awaiting scheduling. As for the EAD I was told to file an e-request ( which I did last week) . Crossing fingers :p

With your FO being N.Y., it makes a lot more sense to have included form I-765 with your AOS package.
 
Not sure if this was asked before but I am now on an H4 visa (husband on H1B). I was selected for the DV2018 and we submitted the application earlier this month. We have our biometric appt scheduled next week. Since filing I got a job offer and they want to recapture time I have on my old H1B to fill the gap until the GC is approved. I just wanted to make sure its OK to have both applications filed. Do I need to notify USCIS of my change of status (from H4 to H1B) as it relates to the GC application? TIA

And they’re certain your COS petition will be approved before the AOS petition? Did you include form I-765 with your AOS package?

Anyway, nothing wrong in having the two petitions in the system at the same time in this case since H1B is a dual intent status - it allows immigrant intent.

There’s the possibility your AOS approval may be delayed though if the H1B petition is still pending. We’ve had reports of IOs telling some AOSers at the end of their interview he/she is unable to approve the AOS petition until they receive the file from the office that has jurisdiction over the other petition in the system.
 
I have included form I-765 with my package but was told it could take 3-4 months for the EAD to arrive. They will be submitting the H1B petition with premium processing so I am hopeful it will not be pending by the time we reach the AOS approval step.

On another note, I found it odd that my one year old also got a biometric appointment. Does that mean they will have to capture his fingerprints, signature etc as well? Thanks mom.
 
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