DV 2020 AOS Only

Sm1smom

Super Moderator
Thank you for the info.
I noticed in the spreadsheet's timeline that a fellow countryman whose AOS application took 6 months to be completed for DV2018. But as you know it doesn't necessarily mean that her background check took too long.
I got my student visa last year (August 2018). Fortunately my case underwent only 1 month in administrative processing (AP) even though I had been rejected 12 days ago at the same embassy. I hope this will be the case for my AOS. I have a special name and probably no one in the world has the similar name as me and hopefully my FBI name check won't take too long:D
As I know (???), it doesn’t necessarily mean that her background check took too long”? You’re either not listening to what I’ve been saying all along, or you’re more interested in believing what you want to believe which is fine. I just don’t get where your “as I know” statement is from because what I KNOW is clearly different from your interpretation or assumption of what I know.

At this point, I’m just going to drop the background check conversation with you and leave you believing what you believe.
 

rabey

Active Member
That is obvious. However, in order to file AOS one needs to be in a valid status as a starting point. What thenOP IS trying to determine IS which option to go with once their current status expires! Like I previously responded, the OP already knows of the need to be in a valid status, their current status will expire before they become eligible to file AOS and they already know of the need to extend their status in order to be eligible. So again, your response is stating the obvious as in what the OP already knows, it is NOT answering the question as to WHICH of the two options is better for them.

By the way, while it is obviously better to already have OPT approval or I-20 extension in place prior to filing AOS, there are reports in this forum of selectees who applied for OPT and got approved AFTER AOS petition submission - not an option I would recommend but there are some who had no choice but to apply for OPT after their AOS petition submission.
hi mom,
just to clarify something on what he was saying, do I need to wait 3 months to process AOS after I get my OPT?
 
Hello
I have been selected to DV2020 AS00029•••
I have a F-1visa and my wife has F-2 visa now.
We have 2 children who were born in USA.
My children are getting food stamp, but I and my wife are not getting food stamp, so my question is that my children getting food stamps is going to effect to get a green card??
 

Sm1smom

Super Moderator
Hello
I have been selected to DV2020 AS00029•••
I have a F-1visa and my wife has F-2 visa now.
We have 2 children who were born in USA.
My children are getting food stamp, but I and my wife are not getting food stamp, so my question is that my children getting food stamps is going to effect to get a green card??
Technically speaking, your 2 children are not the ones getting food stamps considering they did not make the decision nor applied for this benefit themselves. You as the parents, technically speaking, are getting food stamps based on your 2 USC kids’ eligibility for this benefit, so yes it could be an issue if your IO decides to go that route.

You can go through this Thread to read more if you haven’t done so already.
 

Sm1smom

Super Moderator
Thanks. Also,
1.I saw someone was saying that you have to be in US for 90 days before your number go current. Is this true?
2. Does 90 days rule apply for submitting the DS260?
1. Not true
2. It depends. Where you recently admitted or re-admitted into the US? Are you planning on leaving the US and returning before your CN becomes current? You seem overly concern with the 90 day rule.
 

rabey

Active Member
1. Not true
2. It depends. Where you recently admitted or re-admitted into the US? Are you planning on leaving the US and returning before your CN becomes current? You seem overly concern with the 90 day rule.
1. Not true
2. It depends. Where you recently admitted or re-admitted into the US? Are you planning on leaving the US and returning before your CN becomes current? You seem overly concern with the 90 day rule.
Thanks for the reply mom,
yes, I'm planing to go home in December and return in January. But my CN is high (AS00015xxx) so I don't think it will be current by April next year. I haven't submitted the DS260 yet (just want to wait until I know if my case number has a chance ). Also, planing to graduate next year May and apply for OPT. That's why I'm kinda of concern about 90 days rule.
 

Sm1smom

Super Moderator
Thanks for the reply mom,
yes, I'm planing to go home in December and return in January. But my CN is high (AS00015xxx) so I don't think it will be current by April next year. I haven't submitted the DS260 yet (just want to wait until I know if my case number has a chance ). Also, planing to graduate next year May and apply for OPT. That's why I'm kinda of concern about 90 days rule.
You should have been more specific with your questions then. Most of your questions have been rather generic and I wouldn’t have been able to provide the kind of response I will be providing below if you hadn’t provided more specific information like you just did - asking questions without context makes creates a frustrating experience for those answering questions and subsequently for the person asking also.

So yes, for a selectee who is planning on briefly leaving and returning to the US, it is highly recommended to wait at least 90 days after they return before filing AOS, assuming their CN is current of course. Your CN seems to be on the high, you can wait until you’re certain it will become current before submitting it, it can even be submitted just before sending in your AOS package. KCC doesn’t process DS260 for AOSers, so no issue regarding late submission on that.
 

rabey

Active Member
You should have been more specific with your questions then. Most of your questions have been rather generic and I wouldn’t have been able to provide the kind of response I will be providing below if you hadn’t provided more specific information like you just did - asking questions without context makes creates a frustrating experience for those answering questions and subsequently for the person asking also.

So yes, for a selectee who is planning on briefly leaving and returning to the US, it is highly recommended to wait at least 90 days after they return before filing AOS, assuming their CN is current of course. Your CN seems to be on the high, you can wait until you’re certain it will become current before submitting it, it can even be submitted just before sending in your AOS package. KCC doesn’t process DS260 for AOSers, so no issue regarding late submission on that.
Hi mom, I'm sorry about all the confusion. Anyway thanks for the clarification. I will wait and see how the numbers are running.
1. According to the spreadsheet I'm supposed to attach the 2NL and DV administrative fee receipt to the AOS package. So if I submit the DS260 around May(or June) 2020 do I need to wait until I get 2NL and DV receipt or I can submit the AOS on the same month, May (or June) without attaching those two?

2. And, I have another question regarding the addresses that I need to submit.
So, my wife just graduated and going to start the Phd program in another university in a different state. So, I'm just wondering which address they consider for assigning the FO (current or mailing address) , assuming we both will be at different places by the time we submit the DS260 and AOS? Even if we live in two different places, technically we can put the same address as the mailing address but not the current address. (Also, as I said before I'm planing to graduate by next May and get OPT and move to the same place as my wife lives, hopefully. So there won't be any issues. But I just want to know all the possibilities.)
 

Sm1smom

Super Moderator
Hi mom, I'm sorry about all the confusion. Anyway thanks for the clarification. I will wait and see how the numbers are running.
1. According to the spreadsheet I'm supposed to attach the 2NL and DV administrative fee receipt to the AOS package. So if I submit the DS260 around May(or June) 2020 do I need to wait until I get 2NL and DV receipt or I can submit the AOS on the same month, May (or June) without attaching those two?

2. And, I have another question regarding the addresses that I need to submit.
So, my wife just graduated and going to start the Phd program in another university in a different state. So, I'm just wondering which address they consider for assigning the FO (current or mailing address) , assuming we both will be at different places by the time we submit the DS260 and AOS? Even if we live in two different places, technically we can put the same address as the mailing address but not the current address. (Also, as I said before I'm planing to graduate by next May and get OPT and move to the same place as my wife lives, hopefully. So there won't be any issues. But I just want to know all the possibilities.)
1. 2NL you can skip if you don’t have when you’re ready to mail in your AOS package. DV administrative fee payment receipt you definitely need to include with the package.

2. I believe the FO is assigned based on current physical address. If you and your spouse have different addresses listed on your forms (especially in different States), you’ll will be creating some additional delays for your case as you will both be scheduled under different FOs. In this case, the main selectee will need to be approved first, regardless of how long it takes, before the spouse’s petition can be adjudicated. To avoid this, you can both list the same address as your current address (wherever you both consider ‘home’), the other party can then list where they’re staying as the next physical address and indicate the “residence to” date field as current also.
 

rabey

Active Member
1. 2NL you can skip if you don’t have when you’re ready to mail in your AOS package. DV administrative fee payment receipt you definitely need to include with the package.

2. I believe the FO is assigned based on current physical address. If you and your spouse have different addresses listed on your forms (especially in different States), you’ll will be creating some additional delays for your case as you will both be scheduled under different FOs. In this case, the main selectee will need to be approved first, regardless of how long it takes, before the spouse’s petition can be adjudicated. To avoid this, you can both list the same address as your current address (wherever you both consider ‘home’), the other party can then list where they’re staying as the next physical address and indicate the “residence to” date field as current also.
Thank you mom for the reply.
1.So, do we need to keep a proof about the current address? like a bank statement?
2.If my wife change the address of her drivers license to the new place, will this become a problem if she put the current address as the current address later( as you suggested)
 

Sm1smom

Super Moderator
Thank you mom for the reply.
1.So, do we need to keep a proof about the current address? like a bank statement?
2.If my wife change the address of her drivers license to the new place, will this become a problem if she put the current address as the current address later( as you suggested)
1&2: Basically what I’m saying is that as a couple you want to be able to indicate you both still live together in whichever place it is you identify as your primary place/address which ordinarily would mean you’re both listed on the lease and/or utility bills, even if one party is attending school in a different school.

This is no different than a college student (who is an eligible derivative of their parent’s petition) attending school in a location different from where their family resides. The student will list their parent’s physical address in addition to their school physical address.

So you both need to figure out where you consider your primary residential address to be.
 
1&2: Basically what I’m saying is that as a couple you want to be able to indicate you both still live together in whichever place it is you identify as your primary place/address which ordinarily would mean you’re both listed on the lease and/or utility bills, even if one party is attending school in a different school.

This is no different than a college student (who is an eligible derivative of their parent’s petition) attending school in a location different from where their family resides. The student will list their parent’s physical address in addition to their school physical address.

So you both need to figure out where you consider your primary residential address to be.
Is it okay not to report change of address to USCIS while our I-485 is still pending?
I have heard that permanent residents have to report their change of address.
 

Sm1smom

Super Moderator
Is it okay not to report change of address to USCIS while our I-485 is still pending?
I have heard that permanent residents have to report their change of address.
Nope, that is not okay. A change of address should be reported to USCIS if you relocate after filing your petition.

However, I typically recommend anyone filing an I-485 not relocate after the petition has been filed as this may create unnecessary delays - the new address may not be under the jurisdiction of the FO with jurisdiction over the old address. This means the old FO has to transfer the case file to the new FO with jurisdiction over the new address.
 
Nope, that is not okay. A change of address should be reported to USCIS if you relocate after filing your petition.

However, I typically recommend anyone filing an I-485 not relocate after the petition has been filed as this may create unnecessary delays - the new address may not be under the jurisdiction of the FO with jurisdiction over the old address. This means the old FO has to transfer the case file to the new FO with jurisdiction over the new address.
Thank you for your response.
That's what I guessed and is the bad part of being a selectee especially because of having a high CN.
It has put me in a dilemma.
I have to change my future plans only because of this change of address issue. I am a master student. I had a plan to apply for a PhD for a better university but now I have to think about doing a PhD at my current university which I don't like.
Another reason is that I want to get an I-20 for a PhD level before filing AOS which is more likely by staying at the same university.
 

rabey

Active Member
Thank you for your response.
That's what I guessed and is the bad part of being a selectee especially because of having a high CN.
It has put me in a dilemma.
I have to change my future plans only because of this change of address issue. I am a master student. I had a plan to apply for a PhD for a better university but now I have to think about doing a PhD at my current university which I don't like.
Another reason is that I want to get an I-20 for a PhD level before filing AOS which is more likely by staying at the same university.
Just out of curiosity, are you studying at LSU?
 
Top