DV 2019 AOS Only

[Jemmi]

Hi,

Thank you for this forum. It's been a lot of help! We have a double digits OC number so fingers crossed!

Just a question:

My husband is on an E3 visa (and I am on the E3D visa) and we need to renew our E3 visas at the end of October this year.

What happens when our E3 visas expire (or my husband wants to change jobs before they expire)? Do we just go and renew the E3 visa as per usual even though we are going through the AOS process?

Thanks

 

[Sergik84]

1. List the patronymic name as middle name if you want it listed on your GC. Otherwise list under other names section. You can update the DS 260 accordingly. List the different patronymic spellings under other name section also.

2. KCC has no reason to delay AOS 2NL till October, and I’m sure there were some 2016 AOSers who got the 2NL before October 2016. It all depends on their workload and how soon the DS260 forms are submitted and reviewed.

3. Email address on the DS260 form.

4. Enter school years from age 11/12 for the high school years. So update your form.

Thanks for quick response, Mom.

However point 4 confuses me: should I enter dates since when I was 11 years old (1995-2002), or enter school years when I was at 10-11 grades (2000-2002), or years since I entered elementary school till the very end (1991-2002). Thank you!

 

[Sergik84]

Mom, a couple of more questions please. Sorry that I didn't combine them in one message.

1. Are there any expiration dates for supporting documents that should be filed with I-485 form? AFAIK I-683 medical form is only valid for 6 months. What about certified translations for Birth Certificates and Marriage Certificates that were made more than a year ago in my home country?
2. Can I use certified translation for my diploma that was made through lawyer during my L-1 process? The reason I'm asking is that the translation was made in Florida and then sent back to me in electronic version (through lawyer's firm portal). I do not have original documents, however it seems important to have original documents at interview. Will that be a problem and should I make a new translation?
3. Could you please clarify what IRS documents I should be providing in AOS package? This is my first tax filing and I have W-2 and 1099 forms, however I requested for an extension and plan to submit taxes to IRS in late August. Will they then send me some notice about paid taxes that I can attach to AOS package and how long does it take to get response from IRS?
4. Is it actual that DV lottery winners do not have to provide any financial prove? It's not a problem, however I want to know whether I need to file I-134 form or there are other documents that prove your financial status which are accepted by USCIS?

 

[Sm1smom]

Hi,

Thank you for this forum. It's been a lot of help! We have a double digits OC number so fingers crossed!

Just a question:

My husband is on an E3 visa (and I am on the E3D visa) and we need to renew our E3 visas at the end of October this year.

What happens when our E3 visas expire (or my husband wants to change jobs before they expire)? Do we just go and renew the E3 visa as per usual even though we are going through the AOS process?

Thanks

Obtaining a new E3 visa may be an issue after filing for AOS. E3 is a NIV which does not allow for an immigrant intent; on the other hand DS260 form submission and filing of AOS demonstrates a strong immigrant intent, contrary to what a NIV requires.

 

[Sm1smom]

Thanks for quick response, Mom.

However point 4 confuses me: should I enter dates since when I was 11 years old (1995-2002), or enter school years when I was at 10-11 grades (2000-2002), or years since I entered elementary school till the very end (1991-2002). Thank you!

Please use your best judgment.

- We already discussed you need to change it from the two years you previously listed.
- Elementary school information is not required.​

So by process of elimination, you should be able to figure out from what year to what year.

 

[Sm1smom]

Mom, a couple of more questions please. Sorry that I didn't combine them in one message.

1. Are there any expiration dates for supporting documents that should be filed with I-485 form? AFAIK I-683 medical form is only valid for 6 months. What about certified translations for Birth Certificates and Marriage Certificates that were made more than a year ago in my home country?
2. Can I use certified translation for my diploma that was made through lawyer during my L-1 process? The reason I'm asking is that the translation was made in Florida and then sent back to me in electronic version (through lawyer's firm portal). I do not have original documents, however it seems important to have original documents at interview. Will that be a problem and should I make a new translation?
3. Could you please clarify what IRS documents I should be providing in AOS package? This is my first tax filing and I have W-2 and 1099 forms, however I requested for an extension and plan to submit taxes to IRS in late August. Will they then send me some notice about paid taxes that I can attach to AOS package and how long does it take to get response from IRS?
4. Is it actual that DV lottery winners do not have to provide any financial prove? It's not a problem, however I want to know whether I need to file I-134 form or there are other documents that prove your financial status which are accepted by USCIS?

1. No expiration date per se but depending on how long ago the signed certified translations were made, you might want to consider getting new translations.

2. My recommendation is to get new translations since you don’t have the original translated version which is what you will actually be including in your package. You take a copy of the translation to the interview.

3. IRS tax return is what you require for your AOS package, it is obtainable from the IRS website.

4. I was under the impression you already went over the AOS process spreadsheet which recommends including financial documents with the AOS package.

 

[Winner19]

Hello Mom,
I have been selected for DV 2019. I was also processing through employment (eb3) and my I-140 is already approved but they have not filed my I-485 yet. Now I want to hold my process through employment and file my I-485 through Diversity Visa.
1. Will there be any problem since my I-140 is already approved?
2. If my GC through DV is denied, can I again start my GC process through my employer?

Thank you.
Have a great day!

 

[Sm1smom]

Hello Mom,
I have been selected for DV 2019. I was also processing through employment (eb3) and my I-140 is already approved but they have not filed my I-485 yet. Now I want to hold my process through employment and file my I-485 through Diversity Visa.
1. Will there be any problem since my I-140 is already approved?
2. If my GC through DV is denied, can I again start my GC process through my employer?

Thank you.
Have a great day!

1. No problem.

2. Yes, provided you did not violate/go out of your E3 status.

 

[damo1089]

Hi,

Thank you for this forum. It's been a lot of help! We have a double digits OC number so fingers crossed!

Just a question:

My husband is on an E3 visa (and I am on the E3D visa) and we need to renew our E3 visas at the end of October this year.

What happens when our E3 visas expire (or my husband wants to change jobs before they expire)? Do we just go and renew the E3 visa as per usual even though we are going through the AOS process?

Thanks

Hi.

I'm in exactly the same situation as you sans the upcoming expiration. I've been doing a lot of research and reading about how this whole thing will probably go down.

You're going to need to be careful with the AOS process because you'll need to go home to renew the E3 at around the same time. If your interview gets scheduled after your E3 expires, you cant stay for it and you might be unable to return to the USA in any capacity or renew the E3 back home.

Maybe investigate the consulate interview route instead?

 

[Sm1smom]

You're going to need to be careful with the AOS process because you'll need to go home to renew the E3 at around the same time. If your interview gets scheduled after your E3 expires, you cant stay for it and you might be unable to return to the USA in any capacity or renew the E3 back home.

Maybe investigate the consulate interview route instead?

Wrong! Inaccurate info!!

If AOS interview gets scheduled or is scheduled for after E3 status expires, he or she is eligible to remain in the US and attend the interview - one is considered to be in a legal status because the AOS petition was filed AND accepted by USCIS prior to E3 status expiration.

The only problem in that case is if the AOS petition gets denied, that person no longer has a valid petition to fall back on and may not be able to get a new E3 because an immigrant intent has clearly been demonstrated.

 

[J2nyi]

Hello Mom,
Am an F1 student ending on may 31 2019 selected for DV 2019AF000027xxx ,from past data probably will be current by may 2019. The spread sheet shows AOS takes longer than CP
1) a)Do i have a chance of going with AOS in this case?
b)What's the best way to deal with this case?
2)I changed address of living in US but failed to notify immigration within 10 days will this affect me getting the GC?
3)Is staying in US without Health or car insurance having an impact on obtaining the GC?
4)I started filling DS 260 online but didn't sign and submit it,am i under immigration intent already or until i sign and submit it?

 

[Sm1smom]

Hello Mom,
Am an F1 student ending on may 31 2019 selected for DV 2019AF000027xxx ,from past data probably will be current by may 2019. The spread sheet shows AOS takes longer than CP
1) a)Do i have a chance of going with AOS in this case?
b)What's the best way to deal with this case?
2)I changed address of living in US but failed to notify immigration within 10 days will this affect me getting the GC?
3)Is staying in US without Health or car insurance having an impact on obtaining the GC?
4)I started filling DS 260 online but didn't sign and submit it,am i under immigration intent already or until i sign and submit it?

1a. I don’t know.
1b. Monitor the VB when your FY starts for CN progression for the first couple months to get a better idea of when your CN is likely to become current, then decide.

2. No.

3. No. I hope you’re not driving or planning or driving without a car insurance though.

4. Immigrant intent is demonstrated upon form submission.

 

[nj29]

1. That’s a great CN, will become current in October so congratulations on being nicely rewarded for your persistence.
2. It’s really not a big deal, but if you really feel like correcting it, you’ll need to email KCC and request for them to unlock the form. Instructions on how to contact KCC is on your 1NL (selectee notice)
3a. Could take anything between 2 weeks to a couple of months.
3b. Nothing further in order to receive the 2NL.

Meanwhile, I recommend you go through the AOS process spreadsheet and familiarize yourself with it if you’re not doing so already.

Hi Simon,

Thank you again for all the info! I've also been looking through the AOS process spreadsheet that you recommended and it has been really helpful.

KCC unlocked my application within a day and I went in and corrected the information. When I submitted the DS260 again I noticed the following information on the last page.

Next Steps
All Diversity Visa applicants must:

1. Obtain required supporting civil documents.
2. Obtain photographs that meet the Department of State’s visa requirements.
3. Contact your local USCIS Field Office for further information about booking an appointment.

You do not need to submit any documentation to the Kentucky Consular Center. The KCC will review your application and will notify you if any of the information you have provided is insufficient or incomplete. The KCC will not schedule your interview with USCIS. You must contact your local USCIS Field Office for further instructions on how to book an appointment.

I've completed steps 1 and 2 but I'm a little confused about step 3 and the note that follows it.

1) Does it mean that I will still receive a 2NL?
2) If so, do I need to wait until I receive it to then contact my local USCIS Field Office for an appointment?

Many thanks for all you help on this!

 

[Sm1smom]

Hi Simon,

Thank you again for all the info! I've also been looking through the AOS process spreadsheet that you recommended and it has been really helpful.

KCC unlocked my application within a day and I went in and corrected the information. When I submitted the DS260 again I noticed the following information on the last page.

Next Steps
All Diversity Visa applicants must:

1. Obtain required supporting civil documents.
2. Obtain photographs that meet the Department of State’s visa requirements.
3. Contact your local USCIS Field Office for further information about booking an appointment.

You do not need to submit any documentation to the Kentucky Consular Center. The KCC will review your application and will notify you if any of the information you have provided is insufficient or incomplete. The KCC will not schedule your interview with USCIS. You must contact your local USCIS Field Office for further instructions on how to book an appointment.

I've completed steps 1 and 2 but I'm a little confused about step 3 and the note that follows it.

1) Does it mean that I will still receive a 2NL?
2) If so, do I need to wait until I receive it to then contact my local USCIS Field Office for an appointment?

Many thanks for all you help on this!

1. Yes you will.
2. Ignore that step 3, it is inaccurate. You don’t contact your local FO for an appointment, you submit your AOS package when your CN becomes current. Follow the steps/instructions on the AOS process spreadsheet.

 

[Dillon83]

Hi Mom,


I can’t thank you enough for running this amazing forum. I have been reading everything and anything here since I found out I won the DV 2019 lottery. I have also asked BritSimon this but I keep reading conflicting thoughts so wanted to run this by you.

My situation:

I am currently in the US (NYC) on a dual-intent NIV until mid 2020. Although the AOS seems the likely option, I am leaning more towards CP in Montreal (I am a Canadian Citizen), which is not that hard to get to from NYC. The main reason for choosing CP in my case is because of hearing about the USCIS FO in NYC which is pretty bad with backlogs. I have also read the concerns that any sudden changes in requirements for visas from the current WH administration could easily overwhelm the FO in NYC and delay out the processing via AOS. Thankfully I have a decent CN – AS000013XX, which should go current in oct/nov if historicals are any indication.

My question is –

1. Can I apply for CP if my current address is in NYC, and I plan on living and working here during the process and only commuting to Montreal for medical interviews and the like. I do have an address in Canada if one is required for any type of local deliveries but my main concern is being here while the CP is in process. My initial impression is there should not be a problem since my visa is a dual-intent visa.
2. And of course – if you have any advice if you were me, in terms of which option you would choose – and I fully recognize this is strictly an opinion and not any form of legal advice

 

[Sm1smom]

Hi Mom,


I can’t thank you enough for running this amazing forum. I have been reading everything and anything here since I found out I won the DV 2019 lottery. I have also asked BritSimon this but I keep reading conflicting thoughts so wanted to run this by you.

My situation:

I am currently in the US (NYC) on a dual-intent NIV until mid 2020. Although the AOS seems the likely option, I am leaning more towards CP in Montreal (I am a Canadian Citizen), which is not that hard to get to from NYC. The main reason for choosing CP in my case is because of hearing about the USCIS FO in NYC which is pretty bad with backlogs. I have also read the concerns that any sudden changes in requirements for visas from the current WH administration could easily overwhelm the FO in NYC and delay out the processing via AOS. Thankfully I have a decent CN – AS000013XX, which should go current in oct/nov if historicals are any indication.

My question is –

1. Can I apply for CP if my current address is in NYC, and I plan on living and working here during the process and only commuting to Montreal for medical interviews and the like. I do have an address in Canada if one is required for any type of local deliveries but my main concern is being here while the CP is in process. My initial impression is there should not be a problem since my visa is a dual-intent visa.
2. And of course – if you have any advice if you were me, in terms of which option you would choose – and I fully recognize this is strictly an opinion and not any form of legal advice

1. Yes you can write your current US address and select CP, there shouldn’t be an issue if you didn’t previously select AOS and had submitted your Ds260. I only encourage people to put a local address in order to prevent any form of ambiguity if the form was previously submitted with AOS selected.

2. Sorry I have no opinion as to which option you should stick with, there are several specific information about you which I have no idea of. You’ll have to make what you consider the right decision for your case.

 

[J2nyi]

1a. I don’t know.
1b. Monitor the VB when your FY starts for CN progression for the first couple months to get a better idea of when your CN is likely to become current, then decide.

2. No.

3. No. I hope you’re not driving or planning or driving without a car insurance though.

4. Immigrant intent is demonstrated upon form submission.

Thank you so much for your help. I might go for AOS cause from the timeline sheets shows even if you're current in july you can get the GC before september 30th of which my case might be even below july.After my I-20 ends in may 2019 i will request an extension of F1 status until august of which i will be done with the GC processes or apply for OPT which will give me further 3 months to be in status until august. How does the plan sound Mom?

 

[Sm1smom]

Thank you so much for your help. I might go for AOS cause from the timeline sheets shows even if you're current in july you can get the GC before september 30th of which my case might be even below july.After my I-20 ends in may 2019 i will request an extension of F1 status until august of which i will be done with the GC processes or apply for OPT which will give me further 3 months to be in status until august. How does the plan sound Mom?

If your AOS petition is already pending by the time your I-20 expires in May 2019, following which you now file an extension, the request isn’t likely to be approved because of your already demonstrated immigrant intent. You automatically roll into what is known as adjustment pending once your current status expires while AOS petition is pending.

If you’re eligible for OPT (which I believe can be applied for up to 90 days prior to graduation), you should file for it before submitting your AOS petition. This prevents you from automatically rolling into adjustment pending status and ensures you have a fall back status if your AOS petition gets denied for some reason.

 

[J2nyi]

If your AOS petition is already pending by the time your I-20 expires in May 2019, following which you now file an extension, the request isn’t likely to be approved because of your already demonstrated immigrant intent. You automatically roll into what is known as adjustment pending once your current status expires while AOS petition is pending.

If you’re eligible for OPT (which I believe can be applied for up to 90 days prior to graduation), you should file for it before submitting your AOS petition. This prevents you from automatically rolling into adjustment pending status and ensures you have a fall back status if your AOS petition gets denied for some reason.

Thanks for such useful information.

 

[HHAA]

Hello All,
I have a question. my wife and I are in US with F1 status. my wife is transferring to another university so at beginning of August she will have a new issued I20 from a new university. Do we need to wait 90 days before submitting I-485? I mean this 90 days rule is just related to entry and OPT or even issuance of a new I20 is included?