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DV 2019 AOS Only

creat1ve said:
Hi Mom!

I have two questions and hope you can help me out.

First, regarding the DS-260: I recognized that I listed my (2y old) child, which is a US citizen (it is born in the US, but also citizen of my home country, but it only has a US passport), on the Electronic Diversity Visa Entry Form. I just checked my copy of the submitted form. I provided the proper information for 'Country Where Child Was Born' = 'United States Of America', however, I overlooked that this form states that U.S. citizens shouldn't be included at all. Now, on the DS-260 you cannot select 'United States Of America' in the 'Country/Region of Origin (Nationality)' drop-down list, which makes it unfeasible to finish its DS-260. Does that now disqualify my entry? I planned to contact KCC to remove him from my case - I dearly hope that this is possible.

Second, I am currently on a J1, and a new employer is in process to file a O1 visa on my behalf. My CN will be current in August and the employer is planning to submit a change of status by the end of August. Do you think there will be an issue if I file the AOS in August or should I wait until I may have received the O1 to apply for an AOS?

Thank you for your time and response!
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Sm1smom said:
1. Don’t stress over this, you’re fine. KCC will not remove the child from showing up on your case as your dependent.

2. I hope you do realize the AOS petition MUST be approved by Sept. 30th, no DV 2018 petition will be processed after that. Which means if you’re waiting until August before filing, you’re cutting it pretty close. And I’m not sure why you’re even considering waiting until after getting O1 status approval before filing AOS - FYI: you’re looking at months of waiting before USCIS approves O1 change of status.
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Hi Mom,

Thanks for your prompt response. I greatly appreciate your help and I am truly sorry for my sloppiness and posting my case in the 2018 AOS forum. In fact, I have been selected for the fiscal year 2019 (CN < EU700). According to the August bulletin boards of the last fiscal years, my CN number is very likely below the cutoff in October already and filing the AOS would be, if I understand it correctly, theoretically feasible in August already. The O1 visa application is planned to be submitted with premium processing service, which will shorten its processing time to 15 days. The change of status (J1 to O1) is anticipated to be proceeded by the end of August 2018.

Regarding the DS-260: My child is listed under my CN as applicant. It states that "Before we can process your Diversity Visa application, each applicant in your case must complete Form DS-260". Although it does not make sense to file a DS-260 for my child, I could not even finish the DS-260 form for my child, as I cannot select "United States Of America" as its nationality (it is simply not listed as option). On the same note, I am also wondering whether I should list my child in my DS-260 - I currently do, but I am not sure how to answer the question whether my child 'immigrates' with me to the United States.

Sorry again for any confusion and thank you again for your time.
 
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creat1ve said:
Hi Mom,

Thanks for your prompt response. I greatly appreciate your help and I am truly sorry for my sloppiness and posting my case in the 2018 AOS forum. In fact, I have been selected for the fiscal year 2019 (CN < EU700). According to the August bulletin boards of the last fiscal years, my CN number is very likely below the cutoff in October already and filing the AOS would be, if I understand it correctly, theoretically feasible in August already. The O1 visa application is planned to be submitted with premium processing service, which will shorten its processing time to 15 days. The change of status (J1 to O1) is anticipated to be proceeded by the end of August 2018.

Regarding the DS-260: My child is listed under my CN as applicant. It states that "Before we can process your Diversity Visa application, each applicant in your case must complete Form DS-260". Although it does not make sense to file a DS-260 for my child, I could not even finish the DS-260 form for my child, as I cannot select "United States Of America" as its nationality (it is simply not listed as option). On the same note, I am also wondering whether I should list my child in my DS-260 - I currently do, but I am not sure how to answer the question if my child 'immigrates' with me to the United States.

Sorry again for any confusion and thank you again for your time.
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Yes submitting the AOS package in August for an October current CN is feasible. However, I generally do not recommend for anyone current in Oct to do an early filing because Oct is the first month of the new FY and the possibility of the package being denied at the Chicago Lockbox is a lot higher for those in that category. So based on this and your employer’s plan of doing a premium processing for your COS, I suggest you get the O1 status first before filing AOS.

Ignore the DS260 that was automatically created for your son, don’t bother to complete it. But be sure to list him on your form, you can’t answer zero for the question asking for the number of children. Regarding the us the child immigrating immigrating with you part, the answer to that question is no in your case. Your son is already a USC, he cannot immigrate to the US.
 
Thank you very much for your valuable input! I will consider your suggestions and submit the DS-260 in September after the COS is processed. This way the form also contains the most recent information. I plan to send the package to the Chicago Lockbox at the end of September/first week of October.

However, I am considering making the payment for the AOS fee already - just to get things rolling. On the other hand, I am not sure whether it would be best practice to submit the DS-260 before the payment is done. I am also wondering whether making the payment conflicts with my (non-immigrant) O1 visa application. If so, I would also wait with the payment until September after the COS is processed, which eventually will delay filing AOS by several weeks.
 
Newly released USCIS memo instructing adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility, effective September 11th, 2018.

https://www.uscis.gov/sites/default...FM_10_Standards_for_RFEs_and_NOIDs_FINAL2.pdf

What does this mean? Make sure your AOS package is ad complete and tightly backed with evidence as possible. Don’t risk submitting your AOS package without the medical exam, do whatever you can to get I-134 if you don’t have the required income to prove you’re not likely to become a public charge. Don’t rely on posts from others saying “the IO didn’t ask me for any financial document evidence, so you’ll be fine”. Be fully prepared!
 
Sm1smom said:
Newly released USCIS memo instructing adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility, effective September 11th, 2018.

https://www.uscis.gov/sites/default...FM_10_Standards_for_RFEs_and_NOIDs_FINAL2.pdf

What does this mean? Make sure your AOS package is ad complete and tightly backed with evidence as possible. Don’t risk submitting your AOS package without the medical exam, do whatever you can to get I-134 if you don’t have the required income to prove you’re not likely to become a public charge. Don’t rely on posts from others saying “the IO didn’t ask me for any financial document evidence, so you’ll be fine”. Be fully prepared!
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Hi MOM, Does this MEMO means the application can be denied if there is missing documents and IO can deny it without sending 1st RFE request? Thank you.
 
Dear All,

First of all, thank you all for your contributions and particularly to Mom for her support and involvement in this exercise.
I have been an avid reader of these pages but I have to write, this time, because I did not get an answer to my current turmoil.

I have a case number 2019EU22xxx and since it is rather high I was wondering if I could reapply for DV2020 without jeopardizing my DV2019 submission ?

Once again, thank you all very much for your continuous help.

regards,
 
vadrouille said:
Dear All,

First of all, thank you all for your contributions and particularly to Mom for her support and involvement in this exercise.
I have been an avid reader of these pages but I have to write, this time, because I did not get an answer to my current turmoil.

I have a case number 2019EU22xxx and since it is rather high I was wondering if I could reapply for DV2020 without jeopardizing my DV2019 submission ?

Once again, thank you all very much for your continuous help.

regards,
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Yes you can, no problem.
 
Hello Mom,
One of my friend is ready to sponsor me.
1. Is it ok if my friend sponsor me?
2. Does he have to fill two I-134 for me and my husband or one is enough?
3. if one is enough then do we have to include the same i-134 in my package and my husband's package or I can only include i-134 and my husband doesn't have to?

Thank you.
 
Winner19 said:
Hello Mom,
One of my friend is ready to sponsor me.
1. Is it ok if my friend sponsor me?
2. Does he have to fill two I-134 for me and my husband or one is enough?
3. if one is enough then do we have to include the same i-134 in my package and my husband's package or I can only include i-134 and my husband doesn't have to?

Thank you.
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1. Yes, if their income meets the required PGL applicable to both their household and yours combined.

2. One.

3. Include in main selectee’s package.
 
Hello again, Here is my case number 2019as00xx

My question is about my passport. My passport is about to expire in April 2019, which it is only 4-5 months left in if I get to interview around November or December. So, at the interview day, should I provide the new passport that has more time in it or the the current is okay. Furthermore, do I have to fill some form or any related document if I get a new passport. And, which one should I put on the I-485.

Thank You,

Best
 
Sm1smom said:
1. Yes, if their income meets the required PGL applicable to both their household and yours combined.

2. One.

3. Include in main selectee’s package.
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Hello mom, does his friend needs to be American citizen or green card holder in order to sponser him?
 
PARIPON THANTHONG said:
Hello again, Here is my case number 2019as00xx

My question is about my passport. My passport is about to expire in April 2019, which it is only 4-5 months left in if I get to interview around November or December. So, at the interview day, should I provide the new passport that has more time in it or the the current is okay. Furthermore, do I have to fill some form or any related document if I get a new passport. And, which one should I put on the I-485.

Thank You,

Best
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Period of validity remaining on the passport is immaterial for AOS, you’re not getting issued with a visa for traveling, like they do for embassy interview. You just need to present a current passport, which will be used for identification purpose. If you get a new passport before your interview, the previous passport will obviously no longer be current.
 
Hello mom,

I have been selected for DV2019. I am here with F1 visa. The thing is, I do not know anyone across the United State to sponsor me and my parents send me money time to time to cover my university and living costs. My question is, since that i can not find anyone within the US to be my sponsor, what is the best route for me to prove FO that i will not be a public charge.

At the time of my university admission, they want me to demonstrate them that me or my sponsor has enough fund to sponsor my education costs as long as i am here to study. i gave them a bank statement of my father bank account which is located in my home country. Is it a good idea to ask my father to mail me an updated bank statement with a letter of undertaking which says my father will totally sponsor me while i live in USA.

I wonder, would be a good idea to put the payment receipt of my university cost in my AOS package which simply shows that i could pay my university and living cost for one year of my being in US, therefore i am able to cover my living costs in future too.

Thank you for your time.
 
jimy ny said:
Hello mom,

I have been selected for DV2019. I am here with F1 visa. The thing is, I do not know anyone across the United State to sponsor me and my parents send me money time to time to cover my university and living costs. My question is, since that i can not find anyone within the US to be my sponsor, what is the best route for me to prove FO that i will not be a public charge.

At the time of my university admission, they want me to demonstrate them that me or my sponsor has enough fund to sponsor my education costs as long as i am here to study. i gave them a bank statement of my father bank account which is located in my home country. Is it a good idea to ask my father to mail me an updated bank statement with a letter of undertaking which says my father will totally sponsor me while i live in USA.

I wonder, would be a good idea to put the payment receipt of my university cost in my AOS package which simply shows that i could pay my university and living cost for one year of my being in US, therefore i am able to cover my living costs in future too.

Thank you for your time.
Click to expand...

If you’re not earning an income, don’t have a US account with substantial savings, can’t find a qualified person to fill out an I-134 for, your only choice is to include whatever you have, keep your fingers crossed and hope for the best.
 
Hi,
I came to the U.S based on B1/B2 visa and after my entry to the U.S I have immediately applied for Aslym (while my vistor visa stay was till valid) and I received my EAD based on pending asylum and I have the SSN issued. I like to mention also that that my wife and my son are also included in my asylum case and they both have EAD and SSN.

So right now I am still on pending Asylum status and I have a valid EAD and I have been selected for 2019 DV with case number 2019AS12XXX.

1- I understood from you excel sheet and from reading the BritSimon blog that for AoS, the AoSer must have a valid status in the U.S and I am not sure if my pending asylum will be considered a legal status or not in this case. If it is not a legal status then can I still proceed with the AoS ? i there any special thing I need to know or do ,,or do I have say anything in the Cover Letter that I will send to the USCIS before the interview?

2- While I was filling the DS-260, I was entering my expired passport information, but the DS-260 won't proceed with an expired passport. I can't renew my passport because I can't go back to my country and get it renewed. my question is: if I select the option "Other Travel document Type" what will be the impact?

3- Do you think based on the travel ban that affects some countries in Asia region that will help me in getting my case number to be current sooner in the VB?

4-What happens if my DV interview is denied? Can I still wait for my pending asylum case or do I have to leave the country?
 
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