DV 2019 AOS Only

[Sm1smom]

Hello,
I have a few questions that I need to ask our experts. So my husband won dv-2019 with EU9xxx. He’s currently on a TN visa (still have 2 years left on it) my kids and I have a TD visa and we were going to go the AOS route but I’ve been reading and I think that I might run into some issues with the 90 day rule. My husband and kids live in the US and I work ( I work for an airline) and spend over 2 weeks a month in Canada. I fly often to the US for work and to visit them. Even after getting the GC I would still continue working for my Canadian employer. Here are my questions:
Can they do AOS and I do CP?
Would that create an issue for me if we go the AOS route because of how often I travel to the US for work and to see them?
Is there any other option you would recommend for us?

1. Yes
2. If the IO makes the determination that you’re actually living and working in Canada, and that you fly into the US to see your family (you’re not living in the US), your AOS petition will get denied on that basis - your husband and kids will be approved.
3. No other option, outside of you quitting your job now and moving over to the US before your husband files for AOS. Bear in mind your husband’s case will need to be approved though before your CP portion gets started.

You indicated you intend to continue with your work/living arrangement after getting your GC. Be aware of the high risk involved with this plan, there’s a possibility of you loosing your GC if the determination is made at the POE that you’re not working and living in the US which is was the GC is intended for - it is not a super visa for flying into the US while working in another country. Simply put, you cannot continue to work outside the US for your Canadian employer if you wish to retain your LPR status.

 

[wonderfulday]

Hello,
I am a dv2019 winner and currently live in America with my working visa.
My number is current and I haven’t send AOS becasue I haven’t received $330 receipt number yet. I send a check on July and been waiting almost 4 monthes now. I called several times and still haven’t received it.
Your kind suggestion would be very helpful.
Thanks in advance.

 

[Sm1smom]

Hello,
I am a dv2019 winner and currently live in America with my working visa.
My number is current and I haven’t send AOS becasue I haven’t received $330 receipt number yet. I send a check on July and been waiting almost 4 monthes now. I called several times and still haven’t received it.
Your kind suggestion would be very helpful.
Thanks in advance.

Which address did you send the $330 payment to? Did you include a SAE with the payment?

 

[Winner19]

You need a copy of the sponsor’s GC or passport. And you need to make sure the sponsor’s income meets the applicable level.

Yes, He is earning more than that level. So only last year tax return and I134 is enough?

 

[Winner19]

and US Passport?

 

[Sm1smom]

Yes, He is earning more than that level. So only last year tax return and I134 is enough?

Yes, He is earning more than that level. So only last year tax return and I134 is enough?

See what the AOS process spreadsheet says.

 

[llot2019]

Hello mom! Here is my situation... I'm on H1B, family members on H4 status here in California. My wife got selected for DV-2019 (EU12xxx number, most likely will get current in March 2019). At the same time my employer is about to file I-140, I-485, AP and EAD for all of us. Current processing time for EB I-485 here in CA is up to 30 months so DV path sounds like a good alternative plus it is pretty much unconditional. Here are my questions, I know you prefer them numbered:
1. Is it allowed for my wife to file DV-based I-485 in Jan/Feb 2019 while my employment-based I-485 is pending?
2. If this is an option, does it matter if she starts using her EAD before filing her I-485?
3. Should we file the DV-based I-485 as a family?

Thanks!

 

[Henriette94]

Hi
Thank you very much for this forum.
I have been selected for the DV 2019
I’m currently living in US with f1 visa .
My problem is that: when I sent the form DS260 ,Kcc sent me This
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. But I don’t know how to obtain 1 and 2 and I don’t know which documents is 1 Please could you explain to me? And When should I contact Uscis?

 

[Sm1smom]

Hello mom! Here is my situation... I'm on H1B, family members on H4 status here in California. My wife got selected for DV-2019 (EU12xxx number, most likely will get current in March 2019). At the same time my employer is about to file I-140, I-485, AP and EAD for all of us. Current processing time for EB I-485 here in CA is up to 30 months so DV path sounds like a good alternative plus it is pretty much unconditional. Here are my questions, I know you prefer them numbered:
1. Is it allowed for my wife to file DV-based I-485 in Jan/Feb 2019 while my employment-based I-485 is pending?
2. If this is an option, does it matter if she starts using her EAD before filing her I-485?
3. Should we file the DV-based I-485 as a family?

Thanks!

1. Yes having multiple immigration petitions in the system is allowed, she should proceed with processing/filing the DV selection.

2. No problem with that.

3. Yes.

 

[Sm1smom]

Hi
Thank you very much for this forum.
I have been selected for the DV 2019
I’m currently living in US with f1 visa .
My problem is that: when I sent the form DS260 ,Kcc sent me This
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. But I don’t know how to obtain 1 and 2 and I don’t know which documents is 1 Please could you explain to me? And When should I contact Uscis?

First step - You need to carefully go over your selectee notification letter CLICK on the links it contains - you saying you don’t know what civil Documents are required indicates you haven’t done this.

Second step - Go thruough the attached AOS Process Spreadsheet for a step by step guide on how to proceed with your selection. The spreadsheet has several tabs, be diligent in going through them. Then return to the forum and post follow up questions (if you have any) after going through the spreadsheet.

 

[DaDipps]

Hi - wonder if anyone will be able assist with an I-765 question. My lawyers insist on submitting this for, as it will be of no extra cost. (I'm also shaking my head, but anyway...)

On page 3 --> Part 2 --> #27. Does anyone have a bit more knowledge with regards to the Eligibility Category? They have entered C9 on my form, and was wondering if this is in fact the correct category.

Hope anyone will be able to give some insight - thanks

 

[Sm1smom]

Hi - wonder if anyone will be able assist with an I-765 question. My lawyers insist on submitting this for, as it will be of no extra cost. (I'm also shaking my head, but anyway...)

On page 3 --> Part 2 --> #27. Does anyone have a bit more knowledge with regards to the Eligibility Category? They have entered C9 on my form, and was wondering if this is in fact the correct category.

Hope anyone will be able to give some insight - thanks

C9 is the right category.

There’s no harm in including the I-765 and/or I-131 form with the AOS package. What you need to watch out for is actually using those cards while your AOS petition is pending - Possibility of doing so is very low though for a DV based AOS petition considering the fact that current processing time for the EAD/AP card is more or less the same for the GC.

 

[PhilR]

I have paid the $330 fee for AoS and have indicated that I wish to go through with this process (received my 2nd NL). I have my AoS package ready but haven't sent it yet. What would the process be to which over to CP now? My CN becomes active in January.

 

[Sm1smom]

I have paid the $330 fee for AoS and have indicated that I wish to go through with this process (received my 2nd NL). I have my AoS package ready but haven't sent it yet. What would the process be to which over to CP now? My CN becomes active in January.

Contact KCC and request for them to unlock your DS260 form. Once the form is unlocked update the form with your home address in the country you wish to process CP and re-submit the form. Then follow up with another email to KCC letting them know you wish to change from AOS to CP. KCC will schedule your CP interview (which will definitely not be in January) when they’re done processing your DS260 form.

 

[llot2019]

1. Yes having multiple immigration petitions in the system is allowed, she should proceed with processing/filing the DV selection.

2. No problem with that.

3. Yes.

Cool. Thanks!

 

[SusieQQQ]

Contact KCC and request for them to unlock your DS260 form. Once the form is unlocked update the form with your home address in the country you wish to process CP and re-submit the form. Then follow up with another email to KCC letting them know you wish to change from AOS to CP. KCC will schedule your CP interview (which will definitely not be in January) when they’re done processing your DS260 form.

^ There’s now also the extra step of submitting documents to kcc after they have processed the ds260 but before they schedule the interview.

 

[Sm1smom]

^ There’s now also the extra step of submitting documents to kcc after they have processed the ds260 but before they schedule the interview.

I’m lumping that in as part of the DS260 processing that needs to happen before the interview gets scheduled.

 

[allen_01]

Dear mom,
I have a question that I sent out AOS package with two I-485 form (my spouse and I) and separate G-1145 form. Our personal check are cashed and I received both text and email with my email address. The two case numbers (2 text and 2 email) were both sent to me, but my spouse did not receive her e-notification. Is it normal? Because I assume every applicants should receive their own case number with their own separate email and/or mobile text.


Best,

 

[Sm1smom]

Dear mom,
I have a question that I sent out AOS package with two I-485 form (my spouse and I) and separate G-1145 form. Our personal check are cashed and I received both text and email with my email address. The two case numbers (2 text and 2 email) were both sent to me, but my spouse did not receive her e-notification. Is it normal? Because I assume every applicants should receive their own case number with their own separate email and/or mobile text.


Best,

Yes that’s normal. Only one person receives all the G1145 related text/email notifications for all the petitions sent in one package.

 

[allen_01]

Yes that’s normal. Only one person receives all the G1145 related text/email notifications for all the petitions sent in one package.

Mom, thank you for your replying.
I would like to make sure that even though we provide two G1145 with individual information, only one person would receive all the text/email, is it correct?

Many thanks again and have a wonderful day.


Best,