DV 2019 AOS Only

[pittsandpieces]

Yes. When you enter, you are using your non-immigrant visa to enter. A NIV has various limitations attached, including that you may not have immigrant intent. It doesn’t matter if you leave the country for 5 days or 5 hours or 5 minutes - what matters is that you are re-entering on a non-immigrant visa.

How soon after your last trip did you submit your DS260?

Thank you for that breakdown. I submitted my DS-260 on December 31st and have since received my 2NL. Last trip to Vancouver was in the beginning of June 2018.

This trip is urgent and under rare circumstances so that's why i'm trying to find out whether I can go.

At first I thought it was fine because I haven't submitted my AOS Package but now with the 90-Day Rule and USCIS knowledge of completed my DS-260, I am extremely nervous about going, and reentering the country.

 

[Sm1smom]

Your already submitted DS260 is fine, that is not the issue. It could potentially be an issue if you needed to go back to the embassy to get a new visa in order to return to the focus.

Like I previously posted, the issue is with AOS process/package submission which you’re yet to do. As long as you’re fine with waiting an extra 3 months before starting the AOS process, (your AOS package of course must be formerly accepted by USCIS before your current status expires) and are prepared to leave the US immediately should your AOS petition get denied for some reason (since you’ll no longer have a valid status to fall back on), you can proceed with your trip.

Of course bear in mind, only a USC I’ve ever guaranteed of admission or re-admission back into the US. Having a valid visa doesn’t guarantee an admission regardless of if an immigrant intent has been declared or not.

 

[pittsandpieces]

Your already submitted DS260 is fine, that is not the issue. It could potentially be an issue if you needed to go back to the embassy to get a new visa in order to return to the focus.

Like I previously posted, the issue is with AOS process/package submission which you’re yet to do. As long as you’re fine with waiting an extra 3 months before starting the AOS process, (your AOS package of course must be formerly accepted by USCIS before your current status expires) and are prepared to leave the US immediately should your AOS petition get denied for some reason (since you’ll no longer have a valid status to fall back on), you can proceed with your trip.

Of course bear in mind, only a USC I’ve ever guaranteed of admission or re-admission back into the US. Having a valid visa doesn’t guarantee an admission regardless of if an immigrant intent has been declared or not.

Thank you Mom and SusieQQQ, so I am prepared to do as you stated - wait an extra 3 months and be prepared to leave if it is denied. That is fine. However I am also considered changing to CP - and processing my Green Card back in Australia. Is this a possibility, given I'm prepared to leave my life in the US and return to Australia to begin process?

Mom - "Your already submitted DS260 is fine, that is not the issue. It could potentially be an issue if you needed to go back to the embassy to get a new visa in order to return to the focus." - Do you mean get another E-3 visa or visa to return to the US in general? Or if I get denied reentry? Seems like the main issue I'm concerned with is reentry after the trip.

 

[Sm1smom]

Thank you Mom and SusieQQQ, so I am prepared to do as you stated - wait an extra 3 months and be prepared to leave if it is denied. That is fine. However I am also considered changing to CP - and processing my Green Card back in Australia. Is this a possibility, given I'm prepared to leave my life in the US and return to Australia to begin process?

Mom - "Your already submitted DS260 is fine, that is not the issue. It could potentially be an issue if you needed to go back to the embassy to get a new visa in order to return to the focus." - Do you mean get another E-3 visa or visa to return to the US in general? Or if I get denied reentry? Seems like the main issue I'm concerned with is reentry after the trip.

Switching to CP is still a possibility for you at this point in time. You should however decide soon if you want to go that route since KCC will need to be notified in order to give them enough time to process your DS260 for a CP interview. This will involve them having enough time to process your documents in addition (a new process) before you eventually get scheduled for an interview at the embassy.

I meaning an approval for a new NIV (any type) will be an uphill task should you end up not getting approved via AOS or CP.

 

[pittsandpieces]

Switching to CP is still a possibility for you at this point in time. You should however decide soon if you want to go that route since KCC will need to be notified in order to give them enough time to process your DS260 for a CP interview. This will involve them having enough time to process your documents in addition (a new process) before you eventually get scheduled for an interview at the embassy.

I meaning an approval for a new NIV (any type) will be an uphill task should you end up not getting approved via AOS or CP.

Thank you for clarifying that for me.

Yes, it seems this would be so. I'll have to make that decision sooner than later. Do you know if I can begin the process of CP whilst remaining in the US on my valid E3, and then leave the country for the interview when it is time (or leave when my E3 expires and wait for the interview back in Australia)?

Seems like the waiting 90 Days for AOS and sending it in to be received prior to my E3 expiring is a good way to go. Do you also know if it needs to be sent prior to my E3 visa expiring (May 19, 2019) or when my I-94 says I am admitted into the US until (August 15, 2019)? *I believe they give E3 holders extra days to leave the country once he visa has expired.

 

[Sm1smom]

Thank you for clarifying that for me.

Yes, it seems this would be so. I'll have to make that decision sooner than later. Do you know if I can begin the process of CP whilst remaining in the US on my valid E3, and then leave the country for the interview when it is time (or leave when my E3 expires and wait for the interview back in Australia)?

Seems like the waiting 90 Days for AOS and sending it in to be received prior to my E3 expiring is a good way to go. Do you also know if it needs to be sent prior to my E3 visa expiring (May 19, 2019) or when my I-94 says I am admitted into the US until (August 15, 2019)? *I believe they give E3 holders extra days to leave the country once he visa has expired.

1. Yes you can still CP process while still in the US.

2. The expiration date of the visa in your passport is irrelevant to your duration of stay, the visa is merely a piece of document that allows you to be admitted in a certain status. What determines the duration of your status is what’s listed on your I-94. You’re

 

[pittsandpieces]

1. Yes you can still CP process while still in the US.

2. The expiration date of the visa in your passport is irrelevant to your duration of stay, the visa is merely a piece of document that allows you to be admitted in a certain status. What determines the duration of your status is what’s listed on your I-94. You’re

OK great, thanks Mom. So that means I could send the AOS Package after 90 Days upon returning from this trip (end of April) and as long as the AOS Package is received before August 15 (Admit Until Date on I-94), I should be all good, right? And of course, I can continue working until May 19 like my E-3 visa states.

 

[Mars2045]

Hi mom:
I complete the interview today. The process goes smoothly. The interview officer asks me to show ID, passport, and I-20, then goes through I-485 questions. It is a nice experience for the entire interview. In the end, the interview says that I will receive the GC in 10 days and the status will be changed this night. However, I check the USCIS website and do not see the change. Need I do something? Or just wait...
Thank you!

 

[Sm1smom]

Hi mom:
I complete the interview today. The process goes smoothly. The interview officer asks me to show ID, passport, and I-20, then goes through I-485 questions. It is a nice experience for the entire interview. In the end, the interview says that I will receive the GC in 10 days and the status will be changed this night. However, I check the USCIS website and do not see the change. Need I do something? Or just wait...
Thank you!

Wait.

 

[shahrzadarya]

Hi everyone
I am the winner of 2019 lottery with case number: AS8000, I had my university acceptance letter last week and I want to apply for J1 visa.
If I enter US with J1 visa, could I start my AOS before 90 days of my entrance? I heard that for immigration visa apply, 90 days should pass after entrance with non-immigration visa. does it apply for DV lottery visa too?
thanks.

 

[pittsandpieces]

Hi everyone
I am the winner of 2019 lottery with case number: AS8000, I had my university acceptance letter last week and I want to apply for J1 visa.
If I enter US with J1 visa, could I start my AOS before 90 days of my entrance? I heard that for immigration visa apply, 90 days should pass after entrance with non-immigration visa. does it apply for DV lottery visa too?
thanks.

To my understanding, as we were discussing this yesterday, all Non-Immigrant Visas are subject to the 90-Day Rule before any kind of immigration processing can begin - this includes the DV Lottery.

 

[Sm1smom]

Hi everyone
I am the winner of 2019 lottery with case number: AS8000, I had my university acceptance letter last week and I want to apply for J1 visa.
If I enter US with J1 visa, could I start my AOS before 90 days of my entrance? I heard that for immigration visa apply, 90 days should pass after entrance with non-immigration visa. does it apply for DV lottery visa too?
thanks.

Doing so will most likely lead to a denial of the AOS petition as that constitutes a fraudulent misuse of the NIV.

Other things to consider with your proposed plan:
1. Depending on when you actually enter the US, you may not have enough time to complete AOS since your CN is above mid-range to start with.

2. If you’ve already submitted your DS260 form which counts as your demonstration of an immigrant intent, the possibility of getting a J visa approval, a NIV, is extremely high IMO.

 

[damo1089]

Pittsandpieces, our situations are kind of similar. I'll post it here in case my thinking is wildly inaccurate.

For what it's worth, we reentered on the E-3 after submitting our DS-260 without any issues. It's kind of weird, that you can come back in with a DS-260 in the system at all. It made me kind of worried too, so I searched high and low here and everywhere else on the internet trying to find evidence of a denial due to having submitted the DS-260, and couldn't find anything. The officer just stamped us through and said see you later. One of my other friends who has won as well has been in and out MANY times after filing the DS-260.

Also my job requires international travel semi regularly, I have been avoiding it do to AOS but my friends go in and out all the time, and every time the stamp date and the date on the i-94 changes. One asked a CBP agent what the seemingly random date meant, and he was told that that is when he needs to exit the USA by, when his nonimmigrant status expires. That date is the discretion of the CBP officer every time. For them it is always later than the expiration of the visa, but on our run through, our i-94 date become our visa expiration date, and I'm not sure if that is due to the DS-260 or not.

From what I can tell, we can't enter the USA after the printed date on the visa expires, but we are under that visa status until the date on your i-94. You can read here for more info: https://www.cbp.gov/sites/default/files/documents/502386 - I-94 Fact Sheet_OFO.pdf

One of my friends has more than a year beyond his visa expiration date on his i-94. You may well find that after this trip your i-94 is extended well beyond your visa expiry date, which should mean that you are good to keep working based off the E3, as long as you don't leave the country. I'm not sure if our DS-260 prompted our i-94 date to match up or not, so your mileage may vary.

If you process with CP, then you will need to fly home for the interview. Looking in the OC selectees thread, most people seem to get their passports back pretty quickly, much akin to an E3 renewal. You still risk having a prolonged processing time, and not being able to return to the USA during that time though.

 

[shahrzadarya]

Doing so will most likely lead to a denial of the AOS petition as that constitutes a fraudulent misuse of the NIV.

Other things to consider with your proposed plan:
1. Depending on when you actually enter the US, you may not have enough time to complete AOS since your CN is above mid-range to start with.

2. If you’ve already submitted your DS260 form which counts as your demonstration of an immigrant intent, the possibility of getting a J visa approval, a NIV, is extremely high IMO.

Thanks for your response, what is your suggestion for my case?

 

[pittsandpieces]

Pittsandpieces, our situations are kind of similar. I'll post it here in case my thinking is wildly inaccurate.

For what it's worth, we reentered on the E-3 after submitting our DS-260 without any issues. It's kind of weird, that you can come back in with a DS-260 in the system at all. It made me kind of worried too, so I searched high and low here and everywhere else on the internet trying to find evidence of a denial due to having submitted the DS-260, and couldn't find anything. The officer just stamped us through and said see you later. One of my other friends who has won as well has been in and out MANY times after filing the DS-260.

Also my job requires international travel semi regularly, I have been avoiding it do to AOS but my friends go in and out all the time, and every time the stamp date and the date on the i-94 changes. One asked a CBP agent what the seemingly random date meant, and he was told that that is when he needs to exit the USA by, when his nonimmigrant status expires. That date is the discretion of the CBP officer every time. For them it is always later than the expiration of the visa, but on our run through, our i-94 date become our visa expiration date, and I'm not sure if that is due to the DS-260 or not.

From what I can tell, we can't enter the USA after the printed date on the visa expires, but we are under that visa status until the date on your i-94. You can read here for more info: https://www.cbp.gov/sites/default/files/documents/502386 - I-94 Fact Sheet_OFO.pdf

One of my friends has more than a year beyond his visa expiration date on his i-94. You may well find that after this trip your i-94 is extended well beyond your visa expiry date, which should mean that you are good to keep working based off the E3, as long as you don't leave the country. I'm not sure if our DS-260 prompted our i-94 date to match up or not, so your mileage may vary.

If you process with CP, then you will need to fly home for the interview. Looking in the OC selectees thread, most people seem to get their passports back pretty quickly, much akin to an E3 renewal. You still risk having a prolonged processing time, and not being able to return to the USA during that time though.

Hi damo1089,

Thank you so much for this lovely response. It definitely does seem weird that you can come back in with a DS-260 being completed. I guess as Mom and SusieQQQ have mentioned, it's always up to the discretion of the officer, which is what always scares me, even when just traveling whilst on the E-3 as normal and not having the DS-260 completed. I am scared anytime I go through a US border, haha - not for having done anything wrong but just because of the idea of admission is at the officer's discretion.

It looks as though I will not be taking the trip after all, which is some ways I'm thankful for. I just want to say that I do very much appreciate everyone's contributions and advice in regards to my dilemma and my overall case. I'm planning to process as normal - AOS when my case is current (Feb 1), so that should play out as it was originally going to. Glad I know much more about all of this now though. Feeling far more informed and enlightened.

Thank you all.

 

[Sm1smom]

Thanks for your response, what is your suggestion for my case?

The best I can do is what I already did - paint the picture for the purpose of giving you clarity. You know yourself, situation, background, etc better than I do, so I can’t give you suggestions on what you should do. I’ve already given you the tools you need to help you, so make what you consider to be the right decision for yourself.

 

[guitarek]

Hi Mom,
The I-845 from ask USCIS Online account number(if any) . I have previously created an online account when i applied for EAD based on my pending Aslylum case, and i was able to check the status online when i entered my receipt number. However, i coudn't see any account number when i login to my profile! Is the I-845 referring to a different account that i have to setup ?

Thanks

 

[Sm1smom]

Hi Mom,
The I-845 from ask USCIS Online account number(if any) . I have previously created an online account when i applied for EAD based on my pending Aslylum case, and i was able to check the status online when i entered my receipt number. However, i coudn't see any account number when i login to my profile! Is the I-845 referring to a different account that i have to setup ?

Thanks

Your online account is probably from the old website which has no a/c #. You can therefore leave the section on the I-485 asking for an a/c # blank.

 

[guitarek]

Your online account is probably from the old website which has no a/c #. You can therefore leave the section on the I-485 asking for an a/c # blank.

Thank you very much!

 

[GallivantAbroad]

Hey so I've tried multiple times to get my tax transcript from the IRS's website and it's saying my information is invalid every time and that I have to wait 24 hours. I've tried for a few days and it's not working is it possible there's no information in the system for me seeing that I've only ever had to file twice (excluding this year) and one year I didn't work since I'm an international student. I entered everything as I filed it so I'm not sure what's wrong. Would the documents I file be sufficient or is it imperative that I get these the tax transcript to include in my package.

Also, I've been reading the previous comments about the 90 day rule. I went home for the Christmas and came back in the new year should I wait two more months to send my package? It's the first time I heard of that rule. I didn't have a problem coming back on my F1 two times since I found out I won (my number was current from last November).