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DV 2019 AOS Only

Marioj007 said:
Hi everyone, Hi mom, sm1smon , my name is Moner! I just found out about this forum which makes me happy and can be helpful to my case and other cases.
So I’m F1 student and my I20 is vilid until 2020 ,I’m in the US from 2014 and i won the Dv lottery for 2019 #24***my wife is F2 and my child is a citizen. However, I have some concerns! I applied for asylum in 2016 and still pending however i get EAD through Asylum and i used it for couple months! I heard different opinions on this matter some says using Ead through asylum will affect your F1 status and some says no!
So my questions are:
1- Does (using) EAD through asylum effect my F1 status since I should maintain it so I can adjust my status?
2- Is there people you know from the last years with the same issue (asylum +F1+ead) got the GC through Aos dv ?
3-does generally asylum effect the dv lottery process?
I know there’re people here like mom , sm1smon and others has heard experience similar to my situation. Thanks and good luck for all!
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1. If you’ve already used your asylum based EAD to work, you’re technically no longer in F1 status regardless of when your I-20 expires.

2. I probably do, cant tell specifically who. Go through some of the past Timeline spreadsheets, (links to these can be found on one of the tabs on the AOS process spreadsheet) for information about people who processed AOS from asylum status.

3. For most, it hasn’t affected the DV process.
 
Sm1smom said:
1. If you’ve already used your asylum based EAD to work, you’re technically no longer in F1 status regardless of when your I-20 expires.

2. I probably do, cant tell specifically who. Go through some of the past Timeline spreadsheets, (links to these can be found on one of the tabs on the AOS process spreadsheet) for information about people who processed AOS from asylum status.

3. For most, it hasn’t affected the DV process.
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Thanks for your answer! So are you saying there are some people got there GC with asylum status and probably they had Ead ! Didn’t that status effect them?
And what you suggest me to do? Should I continue the process or give up?
 
Marioj007 said:
.

Thanks for your answer! So are you saying there are some people got there GC with asylum status and probably they had Ead ! Didn’t that status effect them?
And what you suggest me to do? Should I continue the process or give up?
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1. Did you what I asked you to do re Timeline spreadsheets?
2. I can’t give you any suggestion as to wether you should stop or continue with the process.
 
Hello Mom,
I found a sponsor who can sponsor me. I need a sponsor because my husband's income is below Poverty Guideline and I can't work since I am here in F2 visa.
1. Is I-134 from the sponsor is enough or my husband should also fill up some forms?
2. My sponsor is living in another state. Will it be a problem?
3. Do we need to attach separate I-134 for me and my husband?
4. Is it mandatory to include I-134 with AOS package or we can take it with us at the time of Interview?

And another question about I-485 page 3 Part 2 1.g
5. My husband should check Diversity Visa box or write derivative of the principal applicant in the text box provided?
 
Winner19 said:
Hello Mom,
I found a sponsor who can sponsor me. I need a sponsor because my husband's income is below Poverty Guideline and I can't work since I am here in F2 visa.
1. Is I-134 from the sponsor is enough or my husband should also fill up some forms?
2. My sponsor is living in another state. Will it be a problem?
3. Do we need to attach separate I-134 for me and my husband?
4. Is it mandatory to include I-134 with AOS package or we can take it with us at the time of Interview?

And another question about I-485 page 3 Part 2 1.g
5. My husband should check Diversity Visa box or write derivative of the principal applicant in the text box provided?
Click to expand...

1. Sponsor fills and provides the I-134 with supporting documents.

2. Not a problem.

3. No, just one included in your package.

4. My recommendation is to include evidence of financial sufficiency with the AOS package.

5. Derivative.
 
Hi Mom, so i go through some cases here, and it’s looks like some case with Asylum get approved for GC through Dv Aos, and some not! The problem is the legal bases are not clear!
1-So the question here does applying for AOS dv with asylum not consider out of status (I applied for asylum while I’m F1 student) ?
2-what chances I have if I applied to Aos using my f1 visa since I’m still attending school and I didn’t have any issues with my F1 status ( I just transferred to other school last January without problems) or I’m out of status bc i use ead asylum ? 0% 50% 90%
3- in different subject , I submitted my Ds-260 application and I chosed to proceed with usics like two months ago however I still didn’t receive the second email from Kcc NL2 yet! Is that normal or I should email them about that?
Thanks ✌
 
Sm1smom said:
1. Sponsor fills and provides the I-134 with supporting documents.

2. Not a problem.

3. No, just one included in your package.

4. My recommendation is to include evidence of financial sufficiency with the AOS package.

5. Derivative.
Click to expand...

as regards question 5, I selected Diversity Visa for my wife as well (I am main applicant and she is derivative), Does it make problem?
page 3 Part 2 1.g of 485
 
Marioj007 said:
Hi Mom, so i go through some cases here, and it’s looks like some case with Asylum get approved for GC through Dv Aos, and some not! The problem is the legal bases are not clear!
1-So the question here does applying for AOS dv with asylum not consider out of status (I applied for asylum while I’m F1 student) ?
2-what chances I have if I applied to Aos using my f1 visa since I’m still attending school and I didn’t have any issues with my F1 status ( I just transferred to other school last January without problems) or I’m out of status bc i use ead asylum ? 0% 50% 90%
3- in different subject , I submitted my Ds-260 application and I chosed to proceed with usics like two months ago however I still didn’t receive the second email from Kcc NL2 yet! Is that normal or I should email them about that?
Thanks ✌
Click to expand...

1. Submitting a DV based AOS petition with a pending asylum petition should not on its own lead to a denial of the DV based AOS petition provided the petitioner checks out in all other areas. Majority of DV selectees in asylum pending status I know of successfully completed the process and got approved. I know of just one or two cases that got denied based on how their IO choose to interpret the definition of legal status as applicable to AOS eligibility.

2. I don’t speculate on % chance - you either get an approval or a denial at the end of the process. Your claim of not having an issue with your F1 status is not quite accurate by the way since you’re technically no longer in F1 status by virtue of working with an asylum based EAD.

3. Yes that is not unusual.
 
HHAA said:
as regards question 5, I selected Diversity Visa for my wife as well (I am main applicant and she is derivative), Does it make problem?
page 3 Part 2 1.g of 485
Click to expand...

The correct option should have been “derivative” for spouse and/or child(ren). However erroneously picking “diversity visa” will not create issues.
 
Sm1smom said:
1. Submitting a DV based AOS petition with a pending asylum petition should not on its own lead to a denial of the DV based AOS petition provided the petitioner checks out in all other areas. Majority of DV selectees in asylum pending status I know of successfully completed the process and got approved. I know of just one or two cases that got denied based on how their IO choose to interpret the definition of legal status as applicable to AOS eligibility.

2. I don’t speculate on % chance - you either get an approval or a denial at the end of the process. Your claim of not having an issue with your F1 status is not quite accurate by the way since you’re technically no longer in F1 status by virtue of working with an asylum based EAD.

3. Yes that is not unusual.
Click to expand...

Could I include in my Aos application the two statues (F1,Asylum) ? Is that possible?
 
Marioj007 said:
Could I include in my Aos application the two statues (F1,Asylum) ? Is that possible?
Click to expand...
status*
Marioj007 said:
Could I include in my Aos application the two statues (F1,Asylum) ? Is that possible?
Click to expand...
Sm1smom said:
1. Submitting a DV based AOS petition with a pending asylum petition should not on its own lead to a denial of the DV based AOS petition provided the petitioner checks out in all other areas. Majority of DV selectees in asylum pending status I know of successfully completed the process and got approved. I know of just one or two cases that got denied based on how their IO choose to interpret the definition of legal status as applicable to AOS eligibility.

2. I don’t speculate on % chance - you either get an approval or a denial at the end of the process. Your claim of not having an issue with your F1 status is not quite accurate by the way since you’re technically no longer in F1 status by virtue of working with an asylum based EAD.

3. Yes that is not unusual.
Click to expand...
status*
 
Marioj007 said:
Could I include in my Aos application the two statues (F1,Asylum) ? Is that possible?
Click to expand...

You only have one current status not two - you don’t currently have both F1 and asylum pending and wouldn’t have been considered as having two even if you hasn’t used the asylum based EAD. Everyone in the US has just one status at a time.

I recommend you do a one time consultation with a reputable immigration attorney to figure out what your current status is officially before sending in your AOS package.
 
Sergik84 said:
Hi guitarek!

Based on my experience it takes 1-2 week to complete medical exam (for a family of 3 in my case). Usually your kid should have everything done already, because all shots and tests should be done before he goes to school. As for you and your wife - you can do all tests and shots within one or two visits and then wait for 1-2 weeks. But don't take it as a rule!
Click to expand...
Thank you!
 
Hello,
I am preparing my AOS package. I have some questions regarding it.

1. In which order should I assemble my package?

2. I am planning to put my and my husband's AOS package in two separate envelopes and then again put those two envelopes in a large envelope and mail it to Chicago Lockbox. Is it a good idea? if not please suggest me.

3. I also have I-134 forms and it's supporting documents. Should I put it together with my package (principal applicant) or put it in another envelope and put all three envelopes in a large one and send it?

Help will be highly appreciated.

Thank you.
 
Hi mom:

Thank you for the detailed AOS process and documents online excel.
I have received acceptance text after sending the package a week ago. The text has three receipt numbers for I-485, EAD, and AP. Yet, my wife (H1B) adjusts the status with me (F1). She does not receive the receipt text. So, whether we share the same receipt numbers? Or, she will receive her numbers later? Thank you for taking time on my question.
 
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