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DV 2019 AOS Only

Hey Mom,

I am currently in the US on an F-1 visa. I have been selected for further processing for the DV 2019. My case number is 2019As000129xx. I have been reading a lot on this forum, the spreadsheet and even Britsimon's blog. I am immensely thankful to all of you. I have a couple of questions and doubts that I wanted to be cleared out.
As you can see, My CN is on the high end for the Asia region. I am still trying to figure out my chances with AOS. If the VB proceeds as DV2018, my CN would be current around August 2019.

I am aware CP is quicker,but with current political climate and the fact that my home country is in the middle east, I would rather not risk going back home and returning empty handed to the US with a DS260 on my record at the mercy of the CBP officer.
I spoke to an immigration attorney, who said that if you submit your AOS packet as soon as your CN becomes current, USCIS has to take a look at it even if the Fiscal year runs out, Reading the forums, I dont think I have been given the right advice. According to her, AOS is my best way forward.

1.Is it prudent to pursue AOS if this is the case?
2.What strategy can I employ that would get me closer to getting that visa interview in time?
3.Are there any cases of visas being denied even if the applicant meets all the conditions and provides all the appropriate documents?
4. In your years of experience as a moderator/ forum member, which route tends to have more number of visa rejections, AOS or CP?

Thanks for taking your time to read this, I await your response. Hopefully you might be able to help me make my decision easier if not more informed.

I will greatly appreciate any suggestions or thoughts by other members of the forum.
 
Nk.Necrosis said:
Hey Mom,

I am currently in the US on an F-1 visa. I have been selected for further processing for the DV 2019. My case number is 2019As000129xx. I have been reading a lot on this forum, the spreadsheet and even Britsimon's blog. I am immensely thankful to all of you. I have a couple of questions and doubts that I wanted to be cleared out.
As you can see, My CN is on the high end for the Asia region. I am still trying to figure out my chances with AOS. If the VB proceeds as DV2018, my CN would be current around August 2019.

I am aware CP is quicker,but with current political climate and the fact that my home country is in the middle east, I would rather not risk going back home and returning empty handed to the US with a DS260 on my record at the mercy of the CBP officer.
I spoke to an immigration attorney, who said that if you submit your AOS packet as soon as your CN becomes current, USCIS has to take a look at it even if the Fiscal year runs out, Reading the forums, I dont think I have been given the right advice. According to her, AOS is my best way forward.

1.Is it prudent to pursue AOS if this is the case?
2.What strategy can I employ that would get me closer to getting that visa interview in time?
3.Are there any cases of visas being denied even if the applicant meets all the conditions and provides all the appropriate documents?
4. In your years of experience as a moderator/ forum member, which route tends to have more number of visa rejections, AOS or CP?

Thanks for taking your time to read this, I await your response. Hopefully you might be able to help me make my decision easier if not more informed.

I will greatly appreciate any suggestions or thoughts by other members of the forum.
Click to expand...

I'm going to let expert mom answer most of this but just wanted to highlight:
- once the fiscal year is over, it's over. No more DV visas for that year may be issued by law. If I understood your interpretation of the lawyer then yes she's wrong.
Re (3) yes it has happened occasionally, near the end of the fiscal year if they have run out of visas (this is the only reason you will be denied if you meet all the requirements). You can have a look at the last few pages of the DV2017 AOS thread to see examples.
 
Nk.Necrosis said:
Hey Mom,

I am currently in the US on an F-1 visa. I have been selected for further processing for the DV 2019. My case number is 2019As000129xx. I have been reading a lot on this forum, the spreadsheet and even Britsimon's blog. I am immensely thankful to all of you. I have a couple of questions and doubts that I wanted to be cleared out.
As you can see, My CN is on the high end for the Asia region. I am still trying to figure out my chances with AOS. If the VB proceeds as DV2018, my CN would be current around August 2019.

I am aware CP is quicker,but with current political climate and the fact that my home country is in the middle east, I would rather not risk going back home and returning empty handed to the US with a DS260 on my record at the mercy of the CBP officer.
I spoke to an immigration attorney, who said that if you submit your AOS packet as soon as your CN becomes current, USCIS has to take a look at it even if the Fiscal year runs out, Reading the forums, I dont think I have been given the right advice. According to her, AOS is my best way forward.

1.Is it prudent to pursue AOS if this is the case?
2.What strategy can I employ that would get me closer to getting that visa interview in time?
3.Are there any cases of visas being denied even if the applicant meets all the conditions and provides all the appropriate documents?
4. In your years of experience as a moderator/ forum member, which route tends to have more number of visa rejections, AOS or CP?

Thanks for taking your time to read this, I await your response. Hopefully you might be able to help me make my decision easier if not more informed.

I will greatly appreciate any suggestions or thoughts by other members of the forum.
Click to expand...

Yes, the lawyer is right. To an extent. USCIS is obligated to”take a look” at all the petitions they accept. “Looking at”, and “approving” are two different things. No DV based AOS petition will be approved and issued with a GC after the applicable FY has already ended. Yes the case could be technically approved, but no GC gets issued, which is more or less the same as not being approved.

1. I’m not in a position to tell you if pursuing AOS is prudent or not, I don’t know anything about you, your background, your exact situation, etc. Go through the AOS vs CP pros/cons listed on the AOS process spreadsheet and decide for yourself.
2. No strategy that I know of outside of following the rules and the laid down guidance.
3. Yes if they run out of visas before the end of the FY, see last couple of pages of the AOS 2017 thread.
4. Visa rejection has to do with meeting the DV requirements and following the rules. Rate of rejection in both is more or less the same IMO, you either qualify or you don’t.

I should like to add that while it may be easy for someone who has violated their visa status by undertaking unauthorized employment for instance to get approved by processing CP, it may also be easy for a person who did not follow the eDV registration rule of including all derivatives by not including a child for instance back then to get approved via AOS. Both cases will of course face closer scrutiny when they apply for naturalization years down, and it could be decided their GC were erroneously issued to start with. So I said all that to say visa rejection is dependent on several factors, I don’t have any statistics to say which process is more perilous.
 
Mom,
Thanks again for replying "Humanitarian Parole" questions.
My husband said his former employer know it. They will give us all the record of him. So we will see then.
 
to3mo3 said:
Mom,
Thanks again for replying "Humanitarian Parole" questions.
My husband said his former employer know it. They will give us all the record of him. So we will see then.
Click to expand...

I find it strange that your husband is unable to explain why he got admitted into the US on a humanitarian parole visa but says his former employer knows. I’m not aware of the possibility of an employer applying for a humanitarian parole visa for an employee. So yeah, very strange!
 
to3mo3 said:
Mom,
Thanks again for replying "Humanitarian Parole" questions.
My husband said his former employer know it. They will give us all the record of him. So we will see then.
Click to expand...

I agree with mom, this makes no sense. Per USCIS:

Humanitarian parole is used sparingly to bring someone who is otherwise inadmissible, into the United States for a temporary period of time due to a compelling emergency. There must be an urgent humanitarian reason or significant public benefit for the parole to be granted.

No ABILITY TO RENEW
No CAN APPLY FOR WORK PERMIT

https://my.uscis.gov/exploremyoptions/humanitarian_parole

---
If you specifically can't apply for a work permit under HP, how on earth would an employer have anything to do with it?

 
Hello Mom,
I am selected for DV 2019. My husband is currently on F1 OPT and he is earning around $20,000.00 per year. So, we are planning to submit Affidavit of Support (I-134) with I-485 which proves that we are not likely to become a public charge. My questions are:
1. Is it a good idea to submit I-134 even though my husband earns around 20k?
2. If it's a good idea, do we still have to submit his Offer Letter, Paystubs and bank statements?
 
Winner19 said:
Hello Mom,
I am selected for DV 2019. My husband is currently on F1 OPT and he is earning around $20,000.00 per year. So, we are planning to submit Affidavit of Support (I-134) with I-485 which proves that we are not likely to become a public charge. My questions are:
1. Is it a good idea to submit I-134 even though my husband earns around 20k?
2. If it's a good idea, do we still have to submit his Offer Letter, Paystubs and bank statements?
Click to expand...

1. Your husband’s income is slightly below the poverty guideline level for a family of two, so having an affidavit of support will definitely help.
2. Including those documents wouldn’t hurt your case.
 
Hi, My case number is 2019AS00xx. I'd like to ask you a few question about the process. I submitted my ds260 about a month a ago, but I haven't get the email to confirm of intent to do the AOS process. I'm very certain about my case that it will be current by October due to the low case number. I already read the spreadsheet that the response can be varied due to the background check and the amount of workload they have.

My question is :

1. Do I have to wait until I get an email back from KCC then do the Medical Exam and pay the AOS fee? Or I can do it right now? Because I saw the amount of getting the receipt can be 2-4 week which I have no clue when I will get the response email from KCC.

Thank You.
 
PARIPON THANTHONG said:
Hi, My case number is 2019AS00xx. I'd like to ask you a few question about the process. I submitted my ds260 about a month a ago, but I haven't get the email to confirm of intent to do the AOS process. I'm very certain about my case that it will be current by October due to the low case number. I already read the spreadsheet that the response can be varied due to the background check and the amount of workload they have.

My question is :

1. Do I have to wait until I get an email back from KCC then do the Medical Exam and pay the AOS fee? Or I can do it right now? Because I saw the amount of getting the receipt can be 2-4 week which I have no clue when I will get the response email from KCC.

Thank You.
Click to expand...

Nope, you don’t have to wait for a response from KCC.
 
So the KCC said they just recently mailed back my receipt, it should arrive soon. Thanks for that.

Our turn will be first up in October. I'll ensure our packages arrive at the Chicago lock box Oct 1st to avoid the problems people have had regarding filing early, especially in the preceding fiscal year.

I'm wondering if you know how long the advanced parole documents take after applying? We are getting married (again) in my wife's hometown March 30th 2019. Obviously we would ideally like the process to be finished by then but if not, hopefully 6 months is ample time to receive an advance parole document.

Also as I am one of the first to have an active case number, I'd be happy to contribute to the timeline if you'd like to tell me how.
 
damo1089 said:
So the KCC said they just recently mailed back my receipt, it should arrive soon. Thanks for that.

Our turn will be first up in October. I'll ensure our packages arrive at the Chicago lock box Oct 1st to avoid the problems people have had regarding filing early, especially in the preceding fiscal year.

I'm wondering if you know how long the advanced parole documents take after applying? We are getting married (again) in my wife's hometown March 30th 2019. Obviously we would ideally like the process to be finished by then but if not, hopefully 6 months is ample time to receive an advance parole document.

Also as I am one of the first to have an active case number, I'd be happy to contribute to the timeline if you'd like to tell me how.
Click to expand...

AP processing currently takes 3 to 5 months on average.

DV2019 timeline is not yet posted, will be doing that shortly.
 
Sm1smom said:
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.
Click to expand...

Hi Simon,

I wanted to check something with you. I've submitted the DS260 about 5 weeks ago and am still awaiting my 2NL. As I mentioned in a previous post my CN is 2019OC000000XX (under 25), therefor am expecting an interview late this year. My husband and I are needing to travel back to Australia mid August for 7 days. I've heard that there could be a problem with us getting back into the country since our DS260 has been submitted. Have you heard of people not getting back into the country after their DS260's has been submitted? My husband is on an E3 and I'm on an E3D. Our current E3's don't expire for another 19 months. Would you advise not traveling out of the US?

Thank you so much for your advice. I realize that you're not an immigration lawyer but the knowledge you have I feel is greater than that of some attorney's. :)
 
nj29 said:
Hi Simon,

I wanted to check something with you. I've submitted the DS260 about 5 weeks ago and am still awaiting my 2NL. As I mentioned in a previous post my CN is 2019OC000000XX (under 25), therefor am expecting an interview late this year. My husband and I are needing to travel back to Australia mid August for 7 days. I've heard that there could be a problem with us getting back into the country since our DS260 has been submitted. Have you heard of people not getting back into the country after their DS260's has been submitted? My husband is on an E3 and I'm on an E3D. Our current E3's don't expire for another 19 months. Would you advise not traveling out of the US?

Thank you so much for your advice. I realize that you're not an immigration lawyer but the knowledge you have I feel is greater than that of some attorney's. :)
Click to expand...

Hello.

I know I'm not Sm1smom but our situations are almost identical.

A couple of pages ago I asked the same question. Went overseas and came back without an issue, having submitted the DS260 already.

Furthermore, I scoured the internet high and low for ANY account of someone being denied reentry for the fact that they submitted DS260 already, and couldn't find anything.
 
nj29 said:
Hi Simon,

I wanted to check something with you. I've submitted the DS260 about 5 weeks ago and am still awaiting my 2NL. As I mentioned in a previous post my CN is 2019OC000000XX (under 25), therefor am expecting an interview late this year. My husband and I are needing to travel back to Australia mid August for 7 days. I've heard that there could be a problem with us getting back into the country since our DS260 has been submitted. Have you heard of people not getting back into the country after their DS260's has been submitted? My husband is on an E3 and I'm on an E3D. Our current E3's don't expire for another 19 months. Would you advise not traveling out of the US?

Thank you so much for your advice. I realize that you're not an immigration lawyer but the knowledge you have I feel is greater than that of some attorney's. :)
Click to expand...

Yes there’s a possibility of not being allowed into the US due to a demonstration of an immigrant intent, however I haven’t heard an actual denial and I do know of those who were able to return to the US after submitting their DS260 form.

Anyone traveling out just needs to be aware of the fact that having a NIV of course does not guarantee an admission or re-admission into the US, regardless of if an immigrant intent has been demonstrated or not. Only a USC is guaranteed an admission into the US.
 
damo1089 said:
Also as I am one of the first to have an active case number, I'd be happy to contribute to the timeline if you'd like to tell me how.
Click to expand...

DV2019 Timeline spreadsheet now uploaded - link available on “Timelines” tab of AOS process spreadsheet.
 
Hi,

I submitted my wife's and my Ds260 a week ago.
My case number is 2019AS000115xx.
My question is

1.Is there any problem if we go back to Japan for New years day for a month?

2 After submitting DS260, should I wait for the next step
Receive the email from KCC confirming your intention to do AOS (2nd NL)?

3.Based on the previous data of case number , is my CS number able to reach to an interview?

4.I try to this whole thing by myself but, should I do this with a lawyer??

Thank you very much for your time.
This website helps alot.
 
YUTA NAKANO said:
Hi,

I submitted my wife's and my Ds260 a week ago.
My case number is 2019AS000115xx.
My question is

1.Is there any problem if we go back to Japan for New years day for a month?

2 After submitting DS260, should I wait for the next step
Receive the email from KCC confirming your intention to do AOS (2nd NL)?

3.Based on the previous data of case number , is my CS number able to reach to an interview?

4.I try to this whole thing by myself but, should I do this with a lawyer??

Thank you very much for your time.
This website helps alot.
Click to expand...

1. https://forums.immigration.com/threads/dv-2019-aos-only.337772/page-8#post-2477150

2. That’s typically the next step. See the AOS process spreadsheet if you’re yet to take a look at it.

3. Too soon to say yes or no.

4. Your case, your call. However 90 to 95% DV selectees processing AOS have successfully done so without the involvement of a lawyer.
 
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