DV 2019 AOS Only
- Thread starter Sm1smom
- Start date
Hi Mom, thank you for all the information you provide, it is extremely helpful.
I am a DV2019 selectee (2019OC000003XX), I am currently in the US on a B1 visa and was when I was selected. After my current stamp expires and I depart the US I have to come back shortly after for various reasons on the same B1.
Do you know if I am eligible to apply via AOS whilst in the US on a B1 visa?
Really appreciate your time.
I am a DV2019 selectee (2019OC000003XX), I am currently in the US on a B1 visa and was when I was selected. After my current stamp expires and I depart the US I have to come back shortly after for various reasons on the same B1.
Do you know if I am eligible to apply via AOS whilst in the US on a B1 visa?
Really appreciate your time.
SusieQQQ
Well-Known Member
If you have spent too much time in the US on a B1 vs only a short time out, they may not even let you back in.
Regardless- it’s immigration fraud to enter on a non-immigrant visa with the intent of adjusting status.
Sm1smom
Super Moderator
In this case, no you’re not eligible to process AOS. Entering the US with a NIV while harboring a preconceived intent of processing AOS is considered fraudulent.
Plus like Susie already mentioned, it is highly doubtful CBP will let you back in shortly after present departure. You’re expected to spend at least the same amount of time outside the US before attempting another visit.
Sm1smom
Super Moderator
Yes
Hi Mom,
I have some questions all related to filling DS-260, so I included them all in one thread rather than bothering you with many posts. So please excuse me if I have included many questions in the below, and I hope you advise me on them:
I am submitting the DS 260 based on educational qualification, although I have long experience in IT and I have many certificates in that field, and I also currently work in the U.S legally through EAD which based on asylum case, but I understand that educational qualification is straightforward in the DV and less risky than going to the work qualification option, therefore, I want to fill the DS 260 based on education qualification
However, in the DS 260, under the “Highest Level of Education Completed” there are below options:
· HIGH SCHOOL, NO DEGREE
· HIGH SCHOOL DIPLOMA
· VOCATIONAL SCHOOL
· UNIVERSITY, NO DEGREE
· UNIVERSITY DEGREE
· ADVANCED DEGREE
· OTHER
I have actually completed “Associate degree in business administration” which is a diploma of two years AFTER high school.
1. My question is which option should I use for the highest education ? should I say university degree or should I choose OTHER and write Associate Degree in the box?
2. Is my answer here what would classify my DV qualification based on education?
3. Since I am filing based on education, should I NOT enter my work details at all ? I am asking because i am not sure If i fill my work history that the FO would think that I am applying based on work experience! it is really confusing because the form does not have the option to chose which qualification the person wants to go with to qualify for DV.
3. In DS 260 form, Under the primary occupation there are many options but my exact occupation. (Information technology project manager) is not there. Is it better to choose “COMPUTER SCIENCE” because I work in the IT field or shall I choose OTHER and specify my position in the text box?
4. Shall I do the same under the question “In which occupation do you intend to work in the U.S.?”
5. My daughter is a U.S citizen and she lives here with me in the U.S, so what should I answer the question “Is this child immigrating to the U.S. with you” on the DS 260 ? Shall answer yes or no?
6. I am entering my travel history on DS 260, so Date Arrived (Of course I will put the actual date I have arrived) However, what shall I put in the “Length of Stay”. Do I put today’s date since I am still here in the U.S?
Thank you very much in advance!
I have some questions all related to filling DS-260, so I included them all in one thread rather than bothering you with many posts. So please excuse me if I have included many questions in the below, and I hope you advise me on them:
I am submitting the DS 260 based on educational qualification, although I have long experience in IT and I have many certificates in that field, and I also currently work in the U.S legally through EAD which based on asylum case, but I understand that educational qualification is straightforward in the DV and less risky than going to the work qualification option, therefore, I want to fill the DS 260 based on education qualification
However, in the DS 260, under the “Highest Level of Education Completed” there are below options:
· HIGH SCHOOL, NO DEGREE
· HIGH SCHOOL DIPLOMA
· VOCATIONAL SCHOOL
· UNIVERSITY, NO DEGREE
· UNIVERSITY DEGREE
· ADVANCED DEGREE
· OTHER
I have actually completed “Associate degree in business administration” which is a diploma of two years AFTER high school.
1. My question is which option should I use for the highest education ? should I say university degree or should I choose OTHER and write Associate Degree in the box?
2. Is my answer here what would classify my DV qualification based on education?
3. Since I am filing based on education, should I NOT enter my work details at all ? I am asking because i am not sure If i fill my work history that the FO would think that I am applying based on work experience! it is really confusing because the form does not have the option to chose which qualification the person wants to go with to qualify for DV.
3. In DS 260 form, Under the primary occupation there are many options but my exact occupation. (Information technology project manager) is not there. Is it better to choose “COMPUTER SCIENCE” because I work in the IT field or shall I choose OTHER and specify my position in the text box?
4. Shall I do the same under the question “In which occupation do you intend to work in the U.S.?”
5. My daughter is a U.S citizen and she lives here with me in the U.S, so what should I answer the question “Is this child immigrating to the U.S. with you” on the DS 260 ? Shall answer yes or no?
6. I am entering my travel history on DS 260, so Date Arrived (Of course I will put the actual date I have arrived) However, what shall I put in the “Length of Stay”. Do I put today’s date since I am still here in the U.S?
Thank you very much in advance!
Sm1smom
Super Moderator
1. You can either select the “High Sch Diploma” or “Other” option - makes no difference.
2. No.
3. You need to fill out that section too. Use your best judgment on what to select.
4. Same as 3 above.
5. “NO” - she’s already a USC so she can’t be immigrating.
6. I don’t know.
You’re not filling the DS260 based on meeting the DV educational requirements. You’re filling that form for the purpose of filing an immigration petition, so you’re required to answer ALL the applicable questions regardless of if you qualify through education or work experience. Whichever method is being used to qualify is determined at the interview.
IMO, you’re overthinking this form. Just answer the questions asked truthfully to the best of your knowledge.
tinaina
Active Member
I won dv lottery 2019 with AS20194XXXX number.
My F1 status on OPT will expire on May 2nd, 2019 and I have 60 days grace period after that.
Do I need to apply for university to be on status for July, August, and September?
From what I saw last year my number will be current either in March or April. So I am being on the status on the time of filling i 485.
But I may be out of status at the time of the interview, will that affect my situation?
My F1 status on OPT will expire on May 2nd, 2019 and I have 60 days grace period after that.
Do I need to apply for university to be on status for July, August, and September?
From what I saw last year my number will be current either in March or April. So I am being on the status on the time of filling i 485.
But I may be out of status at the time of the interview, will that affect my situation?
Sm1smom
Super Moderator
1. I can’t tell you if you need to apply for a new program or not. All I can say is you need a valid status in order to file AOS. The way you’ve listed your CN, AS4xxxx, makes no sense - the AS region has never had a selectee in the 40,000 series AFAIK.
2. If you anticipate your CN to become current in March/April, and your current OPT ends in May, you already know you’ll be in status as at the time of AOS filing. So when OPT ends, you roll over to asylum pending, unless the asylum petition gets adjudicated before OPT ends. You did mention before that you have a pending asylum petition, right? Or has it been denied?
p.s. number the actual questions you’re asking to make answering them easier.
tinaina
Active Member
My number is AS4XXX. It will be current in March or April. After opt ends, I have 60 days grace period.
1. Will my asylum pending happens after that 60 days grace period or exactly after opt ends?
2. If my number current on April or March, I don't need to be on status after filling my I 485, right?
My asylum still is pending.
Sm1smom
Super Moderator
1. I don’t know precisely when, I can’t get into the technicalities of precisely when.
2. Being in a valid status until after the AOS petition is adjudicated is always recommended as it serves as a back up status to fall into if the AOS petition gets denied for any reason.
hi mom,
1) I have F1 status, live with my husband (f2) and i am funded by my university as a teaching assistant while im doing phD
if i have a auto loan for my car, should i provide those documents in the AOS interview?
2) In that case should I provide I 130?
3) My father is US citizen , but I have very distant relationship with him. so I am reluctant to ask him for I 130.
Can i get a non relative for I 130?
thanks!
1) I have F1 status, live with my husband (f2) and i am funded by my university as a teaching assistant while im doing phD
if i have a auto loan for my car, should i provide those documents in the AOS interview?
2) In that case should I provide I 130?
3) My father is US citizen , but I have very distant relationship with him. so I am reluctant to ask him for I 130.
Can i get a non relative for I 130?
thanks!
Sm1smom
Super Moderator
1. Auto loan is not money you have in your account, that is money you owe someone else right? So it clearly can’t be presented as prove that you’re not likely to become a public charge.
2 & 3. Get someone you know, doesn’t have to be a relative, to provide you with an I-134, if your income is below the poverty guideline level applicable to your case.
Sm1smom
Super Moderator
I'm wondering, if my last port of entry was through preclearance in Winnipeg, then I should write Winnipeg on the I-485 and leave the state blank?
Thanks
Yes
Thank you very much. Honestly the information you provide here and on the spreadsheet is nothing short of amazing and I am eternally grateful.
Another two if you don't mind:
1. As per the spreadsheet, in what cases would including a Notice of Action be not applicable? I have never seen a notice of action and neither has my wife. We both applied for our E3s and the physical visas were mailed to us in our passports after they were approved. Would a copy of the physical visa be enough to demonstrate our current status?
2. I am planning to file so our package arrives in the lock box October 1st. The KCC still has not sent the 2NL. Should they not send it before this date, can I just send my package anyway? I saw earlier you mentioned that the DS-260 wasn't technically required for AOS applications, and if I'm not mistaken, the 2NL is a result of sending the DS-260?
Thanks again.
Another two if you don't mind:
1. As per the spreadsheet, in what cases would including a Notice of Action be not applicable? I have never seen a notice of action and neither has my wife. We both applied for our E3s and the physical visas were mailed to us in our passports after they were approved. Would a copy of the physical visa be enough to demonstrate our current status?
2. I am planning to file so our package arrives in the lock box October 1st. The KCC still has not sent the 2NL. Should they not send it before this date, can I just send my package anyway? I saw earlier you mentioned that the DS-260 wasn't technically required for AOS applications, and if I'm not mistaken, the 2NL is a result of sending the DS-260?
Thanks again.
Sm1smom
Super Moderator
1. NOA applies to someone who has applied for some form of immigration benefit directly from USCIS while in the US.
2. Yes you can send the package without the 2NL and fingers crossed the Chicago Lockbox will not make an issue of it. Yes, 2NL is generated as a result of DS260 form submission.
Thanks again.
For more than $2000 and my future here, I'm trying to cross my fingers on the least amount of things possible, so have asked the KCC about it. I saw some people on the timeline have received their 2NL's a while ago so hopefully something can come together for me.