SusieQQQ
Well-Known Member
This is a clear no answer. Adjustment of status from ESTA is forbidden under US law on any basis other than as an immediate relative of a US citizen.
DV 2020 AOS Only
- Thread starter Sm1smom
- Start date
SusieQQQ
Well-Known Member
for 60 days from the EO.
There is no logical reason anywhere to restrict anyone who possibly can from getting a DV by implementing a cutoff.
Sm1smom
Super Moderator
Nope! You can’t do that, not allowed.
2020AS00011xxx
Active Member
Diversity Visa Adjustment of Status Statistics for Fiscal Year 2019
Quarter 1: 14
Quarter 2: 150
Quarter 3: 293
Quarter 4: 546
Total: 1003
Quarter 1: 14
Quarter 2: 150
Quarter 3: 293
Quarter 4: 546
Total: 1003
Ahmed111
New Member
Hello Mom @Sm1smom
I have a couple of questions please about the documents mentioned in the sheet.
1) 2NL from KCC. When should I receive that email? my understanding is that I won't receive that email since I am willing to adjust my status in US and I have not sent my documents to KCC. Please clarify that point.
2) High school certificate. If I hold a university degree, do I still have to submit the high school certificate? Is it fine to submit the Bachelor certificate only? I ask also if this document is mandatory or optional because it is not mentioned at the USCIS DV AOS website.
I have a couple of questions please about the documents mentioned in the sheet.
1) 2NL from KCC. When should I receive that email? my understanding is that I won't receive that email since I am willing to adjust my status in US and I have not sent my documents to KCC. Please clarify that point.
2) High school certificate. If I hold a university degree, do I still have to submit the high school certificate? Is it fine to submit the Bachelor certificate only? I ask also if this document is mandatory or optional because it is not mentioned at the USCIS DV AOS website.
romelina
New Member
Hello.
My situation is the following. I am the DV2020 winner (case EU50XXX). I have F1 visa which expires at the end of July this year. My wife has F2 that is tight to my Visa (also expires in July). Currently she is back home.
In the DS260 form, I indicated that we will pass the CP process, but considering the current situation, I think it would be better to proceed through AOS. I have some questions:
1. If the F1 visa expires at the end of July, can I choose AOS?
2. Would there be any risks / problems for my wife to return to the US based on her F2 visa in May/June?
3. What could I do in the given situation?
My situation is the following. I am the DV2020 winner (case EU50XXX). I have F1 visa which expires at the end of July this year. My wife has F2 that is tight to my Visa (also expires in July). Currently she is back home.
In the DS260 form, I indicated that we will pass the CP process, but considering the current situation, I think it would be better to proceed through AOS. I have some questions:
1. If the F1 visa expires at the end of July, can I choose AOS?
2. Would there be any risks / problems for my wife to return to the US based on her F2 visa in May/June?
3. What could I do in the given situation?
Snow Drop
New Member
Dear Mom,
Thank you very much for your feedback. You are correct, I don't have an L2 yet. But here is some background information: In 2018 I received an L2. However, I got divorced from my spouse and didn't move to the U.S. with him. I informed the Embassy about the Divorce and had my L2 visa canceled without prejudice. However, we got married again in the U.S. in December 2019 while I was there on B1 visa.
So now my Embassy is canceled for routine immigrant and non-immigrant visa services. But they operate for emergency cases. So if I present them the new marriage certificate, maybe they could just re-issue the L2 visa with easier procedures?
1. Let's imagine they give me the L2 and the EO is over. Is there a conflict here? If I get my L2, my Embassy will not consider me for the DV lottery?
2. What do you think, is this a good plan? - I somehow manage to get the L2 and travel to the U.S. in early June. I wait till June 13, which is the deadline for the Homeland Security to give a recommendation to Trump about the need for extending the Proclamation. If the EO is not extended, I travel back with my spouse and take part in the interview at the Embassy. Or, if the EO is extended again, I file for AOS on June 13. Do you think from June 13 till September 30 is enough time for USCIS (we will live in Boston, MA) to process our case? How long does the whole process usually take?
3. Are you providing one to one consultations? And what are the conditions, please?
We appreciate your efforts a lot in these challenging times. Thanks a lot!
Thank you very much for your feedback. You are correct, I don't have an L2 yet. But here is some background information: In 2018 I received an L2. However, I got divorced from my spouse and didn't move to the U.S. with him. I informed the Embassy about the Divorce and had my L2 visa canceled without prejudice. However, we got married again in the U.S. in December 2019 while I was there on B1 visa.
So now my Embassy is canceled for routine immigrant and non-immigrant visa services. But they operate for emergency cases. So if I present them the new marriage certificate, maybe they could just re-issue the L2 visa with easier procedures?
1. Let's imagine they give me the L2 and the EO is over. Is there a conflict here? If I get my L2, my Embassy will not consider me for the DV lottery?
2. What do you think, is this a good plan? - I somehow manage to get the L2 and travel to the U.S. in early June. I wait till June 13, which is the deadline for the Homeland Security to give a recommendation to Trump about the need for extending the Proclamation. If the EO is not extended, I travel back with my spouse and take part in the interview at the Embassy. Or, if the EO is extended again, I file for AOS on June 13. Do you think from June 13 till September 30 is enough time for USCIS (we will live in Boston, MA) to process our case? How long does the whole process usually take?
3. Are you providing one to one consultations? And what are the conditions, please?
We appreciate your efforts a lot in these challenging times. Thanks a lot!
Snow Drop
New Member
Dear Mom,
Thank you very much for your feedback. You are correct, I don't have an L2 yet. But here is some background information: In 2018 I received an L2. However, I got divorced from my spouse and didn't move to the U.S. with him. I informed the Embassy about the Divorce and had my L2 visa canceled without prejudice. However, we got married again in the U.S. in December 2019 while I was there on B1 visa.
So now my Embassy is canceled for routine immigrant and non-immigrant visa services. But they operate for emergency cases. So if I present them the new marriage certificate, maybe they could just re-issue the L2 visa with easier procedures?
1. Let's imagine they give me the L2 and the EO is over. Is there a conflict here? If I get my L2, my Embassy will not consider me for the DV lottery?
2. What do you think, is this a good plan? - I somehow manage to get the L2 and travel to the U.S. in early June. I wait till June 13, which is the deadline for the Homeland Security to give a recommendation to Trump about the need for extending the Proclamation. If the EO is not extended, I travel back with my spouse and take part in the interview at the Embassy. Or, if the EO is extended again, I file for AOS on June 13. Do you think from June 13 till September 30 is enough time for USCIS (we will live in Boston, MA) to process our case? How long does the whole process usually take?
3. Are you providing one to one consultations? And what are the conditions, please?
We appreciate your efforts a lot in these challenging times. Thanks a lot!
Thank you very much for your feedback. You are correct, I don't have an L2 yet. But here is some background information: In 2018 I received an L2. However, I got divorced from my spouse and didn't move to the U.S. with him. I informed the Embassy about the Divorce and had my L2 visa canceled without prejudice. However, we got married again in the U.S. in December 2019 while I was there on B1 visa.
So now my Embassy is canceled for routine immigrant and non-immigrant visa services. But they operate for emergency cases. So if I present them the new marriage certificate, maybe they could just re-issue the L2 visa with easier procedures?
1. Let's imagine they give me the L2 and the EO is over. Is there a conflict here? If I get my L2, my Embassy will not consider me for the DV lottery?
2. What do you think, is this a good plan? - I somehow manage to get the L2 and travel to the U.S. in early June. I wait till June 13, which is the deadline for the Homeland Security to give a recommendation to Trump about the need for extending the Proclamation. If the EO is not extended, I travel back with my spouse and take part in the interview at the Embassy. Or, if the EO is extended again, I file for AOS on June 13. Do you think from June 13 till September 30 is enough time for USCIS (we will live in Boston, MA) to process our case? How long does the whole process usually take?
3. Are you providing one to one consultations? And what are the conditions, please?
We appreciate your efforts a lot in these challenging times. Thanks a lot!
SusieQQQ
Well-Known Member
@Snow Drop - getting an L2 visa is not an emergency. It’s not a possibility till your embassy reopens for routine issuance.
Sm1smom
Super Moderator
1. AOS 2NL is an acknowledgement of KCC’s awareness of one’s intention of professing AOS, this is usually sent following the DS260 submission. AOS 2NL is different from CP 2NL.
2. Well I’m sure USCIS DV AOS website doesn’t mention a college certificate either, so the argument against sending in HS diploma holds no water. Anyway it is recommended on the spreadsheet based on experience - we’ve had cases in the past where the IO specifically requested to see the HS Diploma (at the interview) even though the petitioner already presented their college Diploma and transcripts. So your call if you want to include it or not.
Sm1smom
Super Moderator
1. Normally yes, one would be able to file for AOS before the status expiration in June.
2. Yes it this will be an issue - this means your wife is entering the US on a NIV with a preconceived intent of adjusting status upon admission. This constitutes a fraudulent misuse of a NIV, it is frowned upon. And obviously if your wife is asked what the purpose of her visit is at the POE, she will not be admitted if she says she’s coming in to do AOS. If she says she’s coming in to be with her husband, (1) I expect her to be queried as to why now if you’re status is set to expire in a couple of months, (2) she would have lied which could lead to being banned from the US.
3. I think you already know what to do.
Sm1smom
Super Moderator
What is the basis of the emergency that will allow you to get issued with a L2 visa considering the embassy is only open for emergency cases? Being granted a L2 visa to enable you overcome an EO (meant to curb immigration) by flying to the US to file AOS before the end of the FY does not constitute an emergency. You’re not trying to fly to the US to be with your spouse due to some life and death emergency. I honestly don’t see the embassy making an exception for you on this but try if go ahead and apply if you like.
1. Of course there’s no conflict there. A dual intent visa, which is the category a L visa falls under allows for an immigrant intent, so being issued with a L2 is no reason for them to deny your DV based immigrant petition.
2. Did you read and comprehend point number two in my previous response, reposting it below:
With your proposed plan, have you figured out how to accomplish this ^^? At which point do you intend to inform KCC and work on getting back your KCC file to enable you file AOS on June 13th, assuming the EO gets extended? There are several steps involved with AOS, it’s not simply a matter of picking a date to file for AOS.
3. I am not a lawyer as already indicated in my signature, so I do not provide one on one consultations. I do not assist via PM. The services I provide here are done in the open forum.
By the way, you honestly are not eligible to file for a DV based AOS even if you’re able to get a L2 visa which clearly allows for an immigrant intent and are able to get your KCC file transferred to a USCIS FO because you were not residing in the US as at the time of your DV selection. AOS in general is for people based in the US. Here’s a direct quote from USCIS regarding eligibility for a DV based AOS:
“Diversity Visa Winners Legally Residing In the United States: Apply Through USCIS
There are, however, a small number of lottery winners each year who, at the time of “winning the lottery,” are residing in the United States in a nonimmigrant or other legal status. For these winners residing inside the United States, USCIS processes adjustment of status applications.”
We’ve seen AOS cases denied based on the petitioner not residing in the US as “at the time of winning the lottery”
USCIS Diversity VIsa Lottery
2020AS00011xxx
Active Member
Those who file after Feb. 24th have to also fill out form I-944 (Public Charge) and include it in their AOS package along with its supportive documents. One of the supportive documents for form I-944 is education degrees and their evaluation of equivalency to U.S. accredited institutions. So it is no longer optional to include your diplomas in your AOS package and it is a must. Read instruction of form I-944.
Ahmed111
New Member
Thank you so much @Sm1smom @2020AS00011xxx
Sm1smom
Super Moderator
A credit report is meant to demonstrate one isn’t likely to become a public charge - it is basically about one’s credit history, how much you owe, how much and how regularly you make payments on what you owe, etc. If no credit reports have been submitted on you based on your financial transactions, you wouldn’t have a credit report. So I don’t think you can get such a report without a SSN or an ITIN.
What is your current immigration status by the way?
Sm1smom
Super Moderator
How come you never applied for a SSN before now?
I do not believe the financial support from your parents constitute an income. You however can list it if you like. I doubt if it’s likely to carry any weight though considering your parents are not even US based to start with, and there’s no guarantee that source will continue once you become a LPR.
EU44K
Member
I have not needed a SSN before. Do you think I-944 can be a problem for my application?
I'll jump in here since I'm kind of in the same position.
As F1 students, you're not allowed to work until you graduate (with a certain exception of some usually low paid part time on-campus jobs or CPT during the summer). Personally, I'm working as a GA and therefor I have SSN, but that source of income is extremely low and I do rely on my parents support from the overseas.
My question is - if I'm going to graduate with masters degree as Software Engineer in 9 months, isn't that going to be a proof enough of self-sufficiency? Meaning having an advanced degree in highly demand industry. What has been the practice so far, especially with F1 students regarding this issue? If you're not allowed to work here and have earnings while on F1 visa, than having low or non-existing US based income, shouldn't be a problem, right?