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DV 2019 AOS Only

Sm1smom said:
For goodness sake, I already said there’s no issue with that. What do you think will happen when they see your US address on your husband’s and your DS260 forms? ICE will come knocking on your doors and subsequently deport you? Or your husband’s petition will get denied because of his wife who is in the US on a NIV?

FYI: there are Selectees living in the US on NIV who decided to process CP. They successfully attended their interviews at the embassy as a matter of fact. The only time your displayed immigrant intent may negatively impact you is if for any reason your GC petition gets denied and you need to renew your E3 visa later on. The displayed immigrant intent could then make the E3 visa renewal an issue.

Of course there are pros and cons regarding AOS vs CP for DV selectees currently living in the US. And that is what you need to focus on to help you decide the best route in your case. So I suggest you go through the AOS process spreadsheet where these pros and cons are listed. You’ll find the link to the spreadsheet on the first post on page one of this thread.
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Thanks!
 
Hi there. Thanks very much for posting all this info - everything is now making much more sense. Spent the last hours going through the spreadsheet and I think I got it :)

Hey I had a question on travel after submitting DS260.

1) I am currently here on L1A visa and do need to travel every now and then outside of the US. I read that once you submit DS260 that international travel isn't advisable until the process is complete. Is that correct? Does submitting the DS260 (even though KCC doesn't technically process it) trigger something that makes travel on a valid VISA illegal?

2) At what point does would my current visa L1A not be valid anymore - at notification of (hopefully) a successful AOS? Thanks in advance and I hope I haven't asked anything the spreadsheet could have answered!
 
Jason Stewart said:
Hi there. Thanks very much for posting all this info - everything is now making much more sense. Spent the last hours going through the spreadsheet and I think I got it :)

Hey I had a question on travel after submitting DS260.

1) I am currently here on L1A visa and do need to travel every now and then outside of the US. I read that once you submit DS260 that international travel isn't advisable until the process is complete. Is that correct? Does submitting the DS260 (even though KCC doesn't technically process it) trigger something that makes travel on a valid VISA illegal?

2) At what point does would my current visa L1A not be valid anymore - at notification of (hopefully) a successful AOS? Thanks in advance and I hope I haven't asked anything the spreadsheet could have answered!
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1. Not accurate. No. Traveling outside the US following the DS260 form is not prohibited, I don’t know if you’re confusing that with statements like re-admission into the US is not guaranteed which is true, with or without a DS260 form submission or demonstration of an immigrant intent. Only a USC is guaranteed re-admission back into the US.

2. You can consider your L1A visa invalid following GC receipt.
 
Hi Mom,

I am a spouse of E2 and selected DV2019. I will go AOS and will be current in October or November from seeing past VB.

I'm preparing DS-260 and AOS filing.
I have some Questions "Previous address".

Since we got E2 visa, my husband and I have lived two different addresses for 18 month. It was not separate or divorce matter. My father non U.S. citizen has a house next State of my husband employer's address and my husband can't go to work from there because it's far. So he rent an apartment near his work. We come and go each places many times but mostly using flights.
We can see the records in our I-94 even domestic flights though.

We live now together more than a year near his work.

My question is
Recent address we fill where we live now. But the Previous address,
my husband fills his apartment for sure.

How about mine?

1. I fill both addresses to DS-260 online and i-485 by type?
I tried it then it worked on DS-260. It say no gap more than one month. But same month and year nothing problem. I can save.

2. I fill address mostly I've stayed? It will be my father's house.

I know it is unusual. But both addresses are true where I live. I just want to go ahead with safe one. Please give some advice.
 
to3mo3 said:
Hi Mom,

I am a spouse of E2 and selected DV2019. I will go AOS and will be current in October or November from seeing past VB.

I'm preparing DS-260 and AOS filing.
I have some Questions "Previous address".

Since we got E2 visa, my husband and I have lived two different addresses for 18 month. It was not separate or divorce matter. My father non U.S. citizen has a house next State of my husband employer's address and my husband can't go to work from there because it's far. So he rent an apartment near his work. We come and go each places many times but mostly using flights.
We can see the records in our I-94 even domestic flights though.

We live now together more than a year near his work.

My question is
Recent address we fill where we live now. But the Previous address,
my husband fills his apartment for sure.

How about mine?

1. I fill both addresses to DS-260 online and i-485 by type?
I tried it then it worked on DS-260. It say no gap more than one month. But same month and year nothing problem. I can save.

2. I fill address mostly I've stayed? It will be my father's house.

I know it is unusual. But both addresses are true where I live. I just want to go ahead with safe one. Please give some advice.
Click to expand...

Sorry I can’t guide you on how to fill your address history, please use your best judgment.
 
Sm1smom said:
Sorry I can’t guide you on how to fill your address history, please use your best judgment.
Click to expand...
Thank you for your reply Mom.

I'm still thinking too much though
my best judgment, I probably go with
2. I fill address mostly I've stayed? It will be my father's house.
 
to3mo3 said:
Thank you for your reply Mom.

I'm still thinking too much though
my best judgment, I probably go with
2. I fill address mostly I've stayed? It will be my father's house.
Click to expand...

Your current address should be wherever you consider to be your main/permanent residence. One way to look at it is that of a college student. Although the student spends majority of their time away in college residence (close to 9 months?), the student in such a situation (under the assumption they reside with their parents during school breaks) lists parents’ address as current/permanent residence.

So your current/permanent address should be wherever you AND your husband regard as YOUR home, regardless of where you spend your time.

And just so you know, if you and your husband have different address in different cities/states listed as your current address on your I-485, your petitions will be separated and sent to different FOs with jurisdiction over the different addresses for adjudication. In layman’s language, that means separate interviews in separate places, the selectee will need to be interviewed and approved first before the derivative gets an interview date at their FO. Trust me, this is not a complication you want to deal with.
 
With the Application for Employment Authorization, what does this actually allow? I am currently on an E3 visa who will be doing the AOS for green card. As soon as I submit the Employment Authorization, am I able to work elsewhere in the US (as if on a green card) or do I have to stay at my current E3 sponsor company until my green card arrives? What is the earliest point I can start a new job (without getting a new E3 sponsorship given that I have submitted the first step of AOS and demonstrated immigrant intent already)?

Thank you!
 
PhilR said:
With the Application for Employment Authorization, what does this actually allow? I am currently on an E3 visa who will be doing the AOS for green card. As soon as I submit the Employment Authorization, am I able to work elsewhere in the US (as if on a green card) or do I have to stay at my current E3 sponsor company until my green card arrives? What is the earliest point I can start a new job (without getting a new E3 sponsorship given that I have submitted the first step of AOS and demonstrated immigrant intent already)?

Thank you!
Click to expand...

An AOS based EAD allows you to work for any employer. You can leave your current employer after after the AOS based EAD approval, assuming your GC petition is still pending. That automatically changes your current status from E3 to adjustment pending. However if your AOS petition gets denied after you’ve started using the AOS based EAD for authorized employment, you will have no valid status to fall back on. That means you’re out of status and will need to leave the US. Your best bet is to wait until after getting the GC before switching to a new employer.
 
Sm1smom said:
An AOS based EAD allows you to work for any employer. You can leave your current employer after after the AOS based EAD approval, assuming your GC petition is still pending. That automatically changes your current status from E3 to adjustment pending. However if your AOS petition gets denied after you’ve started using the AOS based EAD for authorized employment, you will have no valid status to fall back on. That means you’re out of status and will need to leave the US. Your best bet is to wait until after getting the GC before switching to a new employer.
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Thank you, that's good to know! The Notice of Action (NOA) I get after submitting the AOS package, is that the EAD approval or is EAD approval a separate thing I should look out for?
 
PhilR said:
Thank you, that's good to know! The Notice of Action (NOA) I get after submitting the AOS package, is that the EAD approval or is EAD approval a separate thing I should look out for?
Click to expand...

The NOA from filing is simply a receipt for the filed petition(s). An actual approval notice, shortly followed by the EAD card itself, will be sent when the EAD petition gets approved.

FYI: EAD processing takes 3 - 4 months, about the same time on average for a DV based AOS processing.
 
Sm1smom said:
Your current address should be wherever you consider to be your main/permanent residence. One way to look at it is that of a college student. Although the student spends majority of their time away in college residence (close to 9 months?), the student in such a situation (under the assumption they reside with their parents during school breaks) lists parents’ address as current/permanent residence.

So your current/permanent address should be wherever you AND your husband regard as YOUR home, regardless of where you spend your time.

And just so you know, if you and your husband have different address in different cities/states listed as your current address on your I-485, your petitions will be separated and sent to different FOs with jurisdiction over the different addresses for adjudication. In layman’s language, that means separate interviews in separate places, the selectee will need to be interviewed and approved first before the derivative gets an interview date at their FO. Trust me, this is not a complication you want to deal with.
Click to expand...

Thank you so much for another relpy and great advise Mom.

This is our situation below,

"Current/permanent address"
We've lived together more than a year and for sure from now to the future. So we don't need to file separate. We file our AOS together.

"Previous addresses"
We've lived different addresses from Nov 2015 to May 2017.
So we are going to fill different addresses this period.

Mom,
How it might affect to our AOS filing we file different Previous addresses under E2 non immigrant visa?
 
to3mo3 said:
Thank you so much for another relpy and great advise Mom.

This is our situation below,

"Current/permanent address"
We've lived together more than a year and for sure from now to the future. So we don't need to file separate. We file our AOS together.

"Previous addresses"
We've lived different addresses from Nov 2015 to May 2017.
So we are going to fill different addresses this period.

Mom,
How it might affect to our AOS filing we file different Previous addresses under E2 non immigrant visa?
Click to expand...

Shouldn’t be an issue, but if they ask, simply truthfully answer as to why you have different previous addresses.
 
Hello Mom,
I am selected for DV 2019. I am here in F2 visa. My husband is in F1 OPT and he is working for a company. Now my questions are:
1. While submitting my documents for I-485, Do I need to submit my husband's offer letter and pay stubs? Or only my husband has to submit his offer letter and pay stubs with his I-485? Or we both don't have to submit my husband's employment documents?
2. My husband started to work from this May 2018 so I don't have to submit any tax return transcript, right?

I am excited and nervous. Sorry for these questions. Any help will be appreciated.
Thanks.
 
Winner19 said:
Hello Mom,
I am selected for DV 2019. I am here in F2 visa. My husband is in F1 OPT and he is working for a company. Now my questions are:
1. While submitting my documents for I-485, Do I need to submit my husband's offer letter and pay stubs? Or only my husband has to submit his offer letter and pay stubs with his I-485? Or we both don't have to submit my husband's employment documents?
2. My husband started to work from this May 2018 so I don't have to submit any tax return transcript, right?

I am excited and nervous. Sorry for these questions. Any help will be appreciated.
Thanks.
Click to expand...

1. You should include proof of how you’re not likely to become a public charge so your husband’s offer of employment letter and pay stubs should be included.

2. You can’t submit a tax return transcripts if your family hasn’t filed a tax return in the last couple of years. By the way, I hope his annual income is above the poverty guideline level applicable to your family.
 
Sm1smom said:
1. You should include proof of how you’re not likely to become a public charge so your husband’s offer of employment letter and pay stubs should be included.

2. You can’t submit a tax return transcripts if your family hasn’t filed a tax return in the last couple of years. By the way, I hope his annual income is above the poverty guideline level applicable to your family.
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Thanks for your reply Mom.

What is this poverty guideline level? What if annual income is below/above poverty guideline level? Do I need to do anything?
 
Winner19 said:
Thanks for your reply Mom.

What is this poverty guideline level? What if annual income is below/above poverty guideline level? Do I need to do anything?
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1. Use the following link to find out the PGL applicable to your household income:
https://www.uscis.gov/system/files_force/files/form/i-864p.pdf?download=1

2. If annual income is below the PGL applicable to you, then I suggested you find someone with the right income requirements to fill out an I-134 for you.
 
Hi Mom,

I previously asked you about my situation in this forum. Currently I have a pending asylum case. I have applied for asylum 3 months after the expiration date on my I-94 (passport). I have consulted immigration attorneys about doing AOS with this immigration violation and they advised me go for a CP, but I am hesitating to go CP. Considering the current immigration enforcement I am afraid if I am denied GC I may not be able to enter the U.S.
My question to you is was there any case in the previous years similar to mine, where a person had immigration violation but was still approved or denied?

Thanks
 
Oto said:
Hi Mom,

I previously asked you about my situation in this forum. Currently I have a pending asylum case. I have applied for asylum 3 months after the expiration date on my I-94 (passport). I have consulted immigration attorneys about doing AOS with this immigration violation and they advised me go for a CP, but I am hesitating to go CP. Considering the current immigration enforcement I am afraid if I am denied GC I may not be able to enter the U.S.
My question to you is was there any case in the previous years similar to mine, where a person had immigration violation but was still approved or denied?

Thanks
Click to expand...

Something I need to correct here - you definitely will NOT be allowed back into the US without a NIV if your CP petition is denied because of your actual violation immigration laws (you overstayed and are currently in the country illegally), not because of “current immigration enforcement”. You will not be allowed back to continue your asylum petition as that will be considered dead on departure, that’s part of immigration rules which has nothing to do with current immigration enforcement.

I don’t know of anyone out of status who got a DV based AOS approval, which is why I previously asked you to consult with immigration attorneys. If you have the resources and are willing to take a gamble, give AOS a shot. The alternative is to forget about the DV selection and focus on your pending asylum petition.
 
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