i have 4 more years a2 visa. How many mounths is that process totaly after my number current?
Thank you so much agaim Mom..
DV 2019 AOS Only
- Thread starter Sm1smom
- Start date
i have 4 more years a2 visa. How many mounths is that process totaly after my number current?
Thank you so much agaim Mom..
Sm1smom
Super Moderator
I don’t analyze CNs so I can’t tell you if your CN is high or not. I also can’t tell you which process to go with, you have a better understanding of your situation than I do so you’ll have to decide on your own whether to go AOS or CP route.
To help you decide, you can start by taking a look at the AOS process spreadsheet - start with the tab which compares both AOS and CP. If you then decide to go the AOS route, spend more time going over the AOS process spreadsheet to help you better understand and prepare for the process.
SusieQQQ
Well-Known Member
The reason I asked was because if your status was due to run out then it could affect the decision, so that’s not an issue.
Isn’t an A visa a diplomatic visa? I thought one couldn’t usually adjust status from a diplomat status, but I’m definitely not an expert on that and I presume you have investigated any relevant angles like that. So assuming you can -
The question of how long the process will be after your number is current is a “how long is a piece of string” type question if you are doing AOS. It could be quite quick or it could take months, depending on your FO, whether or not they batch DV cases, etc. it’s not like CP where you (generally) get your interview in the month you’re current and assuming no complications,should have your visa back in around a week. As mom suggested, take a look at the pros and cons of AOS vs CP in the spreadsheet to help you decide what is best in your own situation.
Grug
Member
Diplomatic visa holders can adjust status after filing form I-508 as part of their AoS package, thereby relinquishing diplomatic immunity, privileges and exemptions, like tax exemptions, immunity against criminal prosecution by the host country, etc. it’s on the AoS spreadsheet.
SusieQQQ
Well-Known Member
As I said, I assume she had investigated it and could, and proceeded to give what I thought was relevant advice based on that.
Xarthisius
Well-Known Member
There's been a slight change in how USCIS treats validity period of I-693 (medical exam). Relevant part for AOSers:
A Form I-693 is valid only when a civil surgeon signs it no more than 60 days before the date an applicant files the application for the underlying immigration benefit; and USCIS adjudicates the application within 2 years from the date of the civil surgeon’s signature.
Before, you had one year instead of 60 days to file, but form was valid only for 1 year from the date of filing. Bottom line: don't do your medical too early.
[1] https://www.uscis.gov/news/alerts/uscis-policy-manual-update
[2] https://www.uscis.gov/policymanual/Updates/20181016-I-693Validity.pdf
A Form I-693 is valid only when a civil surgeon signs it no more than 60 days before the date an applicant files the application for the underlying immigration benefit; and USCIS adjudicates the application within 2 years from the date of the civil surgeon’s signature.
Before, you had one year instead of 60 days to file, but form was valid only for 1 year from the date of filing. Bottom line: don't do your medical too early.
[1] https://www.uscis.gov/news/alerts/uscis-policy-manual-update
[2] https://www.uscis.gov/policymanual/Updates/20181016-I-693Validity.pdf
PARIPON THANTHONG
New Member
I have a following question.
Will it affect the applicant who file petition before November 1st.?
Will it affect the applicant who file petition before November 1st.?
firstSA
New Member
Dear MOM,
I'm L1 visa living is US, and the visa is expiring next March. My number is SA65X
If I understand correctly for AOS, the visa should be valid at the moment sending the application, is that correct?
Is this applicable for early application? lets say, if my number becomes current after the visa expires but if applied with early filling the visa the visa would be valid.
What would happen if the visa expires while the AOS is processing? Can I continue working? Can I stay in US while the process continues?
Thanks for your time. J
I'm L1 visa living is US, and the visa is expiring next March. My number is SA65X
If I understand correctly for AOS, the visa should be valid at the moment sending the application, is that correct?
Is this applicable for early application? lets say, if my number becomes current after the visa expires but if applied with early filling the visa the visa would be valid.
What would happen if the visa expires while the AOS is processing? Can I continue working? Can I stay in US while the process continues?
Thanks for your time. J
Xarthisius
Well-Known Member
It depends... There's a whole section on this (Form I-693 Submitted to USCIS Before November 1, 2018) here: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html#S-C-4
Sm1smom
Super Moderator
In order to file AOS, you’re expected to be in a valid status, not visa (the visa is simply the document that allows you to enter the US, you status duration is what is shown on your I-94). So it is possible to have an expired visa with a current status.
Your current status has to be valid as at the time USCIS acknowledges receipt of your AOS package, and not just at the time you sent in the package. If your status expires before USCIS formerly accepts your AOS package, you’re no longer eligible to process AOS.
If your current status expires while your AOS petition is pending, you can no longer work unless you an an approved AOS based EAD card
PARIPON THANTHONG
New Member
For the another following question, what is the date USCIS accountable for filing the petition. The day day receive, or the date day accept the file?
Sm1smom
Super Moderator
The day USCIS issues the NOA signifies the date USCIS accepted the AOS package - that is the day USCIS considers the petition filed.
firstSA
New Member
MOM thanks for the reply, very helpful,
Sorry to ask again, but what is the average time from sending the package to receive the NOA?
And just in case, is there any way to change from AOS to CP? or to request an early AOS processing (not the one from the Bulletin)?
Thanks again
Xarthisius
Well-Known Member
1. AOS spreadsheet linked in the first post in this thread contains links to additional documents called "timelines", where you can find out the average time.
2. It is possible to switch back and forth between CP and AOS. Keep in mind that the later you do it, the longer will it take to get your GC.
3. It's is not possible to get a DV GC before your number is current in the visa bulletin. Neither doing CP, nor AOS. Moreover, the fact that your status is expiring is not a valid reason to expedite anything.
SusieQQQ
Well-Known Member
And there will be a stage in the fiscal year where the delay involved in trying to switch could/will jeopardize the entire process given the hard 30 Sept cut-off.
Is seems that there has been a few updates that have changed the goalposts for AoS this year with the 90 day rule and the 60 day medical rule. Hopefully for those that did it in advance, they can just go back to their surgeon and get a new signature without paying for another medical.
I got a stroke of luck with both the 90 day rule and submitting my medical results before Nov 1, but good luck to all of those for whom the new rules have changed your application plans.
I got a stroke of luck with both the 90 day rule and submitting my medical results before Nov 1, but good luck to all of those for whom the new rules have changed your application plans.
Sm1smom
Super Moderator
The 90 day rule isn’t completely new - the 30-60-90 day rule has always been in existence before. The only difference is the 30-60 portion which is being dropped and the plan to enforce the 90 day part more now. Those who bothered to pay attention to what was written on the spreadsheet wouldn’t have been caught off guard by the medical update either.
The AOS process spreadsheet also clearly discouraged AOSers from performing the medical exam early.
Hi Mom, how are you?
My number will be current in November and I decided to play it safe not to submit based on early filing, especially after reading 2018 thread with some stories of application rejection. Yesterday, I also finished reading last 20+pages of comments from 2018 thread. There were two guys from the same filed office as me Fairfax, VA who got denial( one based on pending asylum and the other because of pending name check).
My question is:
1) As I am the primary applicant, can my husband's pending asylum status affect on me even though he is not applying as my derivative? We got married long after he applied for that.
My number will be current in November and I decided to play it safe not to submit based on early filing, especially after reading 2018 thread with some stories of application rejection. Yesterday, I also finished reading last 20+pages of comments from 2018 thread. There were two guys from the same filed office as me Fairfax, VA who got denial( one based on pending asylum and the other because of pending name check).
My question is:
1) As I am the primary applicant, can my husband's pending asylum status affect on me even though he is not applying as my derivative? We got married long after he applied for that.
Sm1smom
Super Moderator
There’s no reason for your husband’s case/situation to affect your petition as the main selectee/principal applicant. The FOs are not looking for reasons to deny people, contrary to the conspiracy theories some forum members are holding onto and trying to imply in the forum and/or excitedly sharing amongst themselves by PMs.
DV2019 selectee
New Member
Hello ,
I’m dv2019 selectee and i'm an asylee too ! I came to united states on b2 visa and filed it before I became out of status . However, when I mailed the application somehow it got lost and it arrived to the USCIS office one day before my husband went out of status ! But I forgot to check some boxes so they returned it to me ! And I resent couple of days later !
I don’t know if they will consider my husband out of status and they will not accept his application ! Another thing I know that Virginia office doesn’t process gc for pending asylum! I have talked with several ppl who got rejected ! Where did you see cases get approved!
I’m dv2019 selectee and i'm an asylee too ! I came to united states on b2 visa and filed it before I became out of status . However, when I mailed the application somehow it got lost and it arrived to the USCIS office one day before my husband went out of status ! But I forgot to check some boxes so they returned it to me ! And I resent couple of days later !
I don’t know if they will consider my husband out of status and they will not accept his application ! Another thing I know that Virginia office doesn’t process gc for pending asylum! I have talked with several ppl who got rejected ! Where did you see cases get approved!