Britsimon
Super Moderator
No problems with where or when you found out.
No - I don't believe the CO would have had access to the winners lists.
DV 2020 AOS Only
- Thread starter Sm1smom
- Start date
No problems with where or when you found out.
No - I don't believe the CO would have had access to the winners lists.
Great, thanks for reply, so full steam ahead!
I am currently an Aussie on an E3 visa, working and living in the US. I won the DV 2020 lottery and am pursuing AOS, but my number for Oceania is actually *higher* that the total number of Oceania winners according to the 2019 August VB, that lists the results of the 2020 lottery (I'm OC15XX, amongst only ~1300 Oceania winners). I have a few questions and concerns:
Note: I haven't submitted an i-485 yet, but I have done the DS-260, paid the $330 fee, and have received a notice from USCIS that I plan to do AOS.
1. I assume my high number 1500/1300 means approx 200 Oceania winners have dropped out already since the results have been announced (?). Are my chances of getting a GC low? Or since there are so few of us in Oceania and I'm doing AOS, are my chances actually still OK?
2. My E3 expires in early May 2020, and can be renewed by hopping the border to Canada and getting it redone. I'll still be working in the same job and living at the same address in the US, but my pursuit of the GC after winning the lottery is worrying. I'm not allowed to show 'intent' under the E3. What will happen if my number doesn't get listed on the visa bulletin by April/May 2020 and I need to renew my E3? Will immigration see that I've won the lottery/paid a few fees and bar me from renewing my E3?
2A) Is it safer to just submit an i-485 before my E3 expires, regardless of what the bulletin says, and just pray for the best?
2B) Is it pointless in pursuing a GC at all, since my random number is so high? Can I withdraw my 'intent' and carry on with an E3?
3. If my E3 renewal is rejected based on the discovery of my 'intent' can I still pursue a GC by waiting for my number on the bulletin? (I think I can stay in the US 60 days after my E3 expiry, right? That might be enough time I need to see my OC15XX number appear and file an i-485. I have no idea if this will work or not.
This is a lot, I'm sorry, but I'm desperate for answers. I really want this DV GC but don't want to get deported by my 'intent' while applying for it. Any help is greatly appreciated.
Note: I haven't submitted an i-485 yet, but I have done the DS-260, paid the $330 fee, and have received a notice from USCIS that I plan to do AOS.
1. I assume my high number 1500/1300 means approx 200 Oceania winners have dropped out already since the results have been announced (?). Are my chances of getting a GC low? Or since there are so few of us in Oceania and I'm doing AOS, are my chances actually still OK?
2. My E3 expires in early May 2020, and can be renewed by hopping the border to Canada and getting it redone. I'll still be working in the same job and living at the same address in the US, but my pursuit of the GC after winning the lottery is worrying. I'm not allowed to show 'intent' under the E3. What will happen if my number doesn't get listed on the visa bulletin by April/May 2020 and I need to renew my E3? Will immigration see that I've won the lottery/paid a few fees and bar me from renewing my E3?
2A) Is it safer to just submit an i-485 before my E3 expires, regardless of what the bulletin says, and just pray for the best?
2B) Is it pointless in pursuing a GC at all, since my random number is so high? Can I withdraw my 'intent' and carry on with an E3?
3. If my E3 renewal is rejected based on the discovery of my 'intent' can I still pursue a GC by waiting for my number on the bulletin? (I think I can stay in the US 60 days after my E3 expiry, right? That might be enough time I need to see my OC15XX number appear and file an i-485. I have no idea if this will work or not.
This is a lot, I'm sorry, but I'm desperate for answers. I really want this DV GC but don't want to get deported by my 'intent' while applying for it. Any help is greatly appreciated.
Sm1smom
Super Moderator
1. No, that is not correct. Your CN being in the range of 1500 does not mean there’s about 1499 selectees ahead of you, there are what we call holes in between those numbers. Read Simon’s Holes Theory to get a better idea of the selection process.
2. Your E3 renewal may be denied as a result of your demonstrated immigrant intent should you need to renew it while waiting for your CN to become current. Your AOS petition will be rejected or denied if you file for AOS while your CN is not yet current based on the VB.
3. Risky move - the AOS petition will most likely be denied. The grace period you get is meant for tying up loose ends in preparation for your pending departure from the US.
That is crazy! Why did you even submit DS-260?!!
asm_dv
Active Member
Hi back again. DV 2020 EU29XXX. I am selectee but eligible based on wife's birth country. I am F1 and wife is F2 both in US. Planning to AOS.
1. Question: Is conditional GC only applicable for green card through marriage with US citizens?
2. Question: does the conditional green card applies to our situation as we got married last year?
1. Question: Is conditional GC only applicable for green card through marriage with US citizens?
2. Question: does the conditional green card applies to our situation as we got married last year?
Xarthisius
Well-Known Member
1) There are other cases (e.g. EB-5). However, it's irrelevant in your situation (see answer below)
2) No.
Since you have submitted your DS-260, your current E3 will most likely be your last one, you can't withdraw your immigrant intent.
You shouldn't worry about the high number, have a look at the current visa bulletin and the Oceania volume. Everyone is current at the moment, and DV2020 has an even lower volume.
Time will tell with regards to how quickly the case numbers will rise with each new bulletin.
I suggest to you to give it a few more months to observe the trends in the upcoming bulletins.
If it looks like your number will go current before your E3 runs out, then just submit your application and go into Adjustment Pending status.
If it looks like it will be down to the wire, or you don't want to chance it, then ask the KCC to change your DS-260 to CP, at least maybe 5 months out from September 30th, then you can go back to Australia and process your green card through your consulate when your number comes up..
Remember that your physical E3 visa is an application to enter the country. Your I94 details when your E3 status expires. You can look at it here: https://i94.cbp.dhs.gov/I94
It will change every time you reenter the country, and USUALLY give you 2 years from last date of entry. If the expiry date on your i94 is close, then you could just take a trip across a border, come back in and see if you can extand your E3 status on the i94. Remember to consider the 90 day rule for AOS though.
asm_dv
Active Member
Thanks a lot.
1 Question: my wife has this conference in December 2019 she got invited and if she attends then should we wait 90 days after she returns to file DS 260 to pass the immigrant intent violation within 90 days?
2 Question:Given our CN (2020 EU29XXX) should we wait until March 2020 to file DS 260? or not risk it? We have been in and out of US almost 6 times in last 7 months (we travel a lot).
Still not sure when we might become current so waiting.
Giovanna
Active Member
Good morning.
My friend, who is retired, no kids and no wife, has signed for my affidavit of support with an income of more $100,000.
Do you believe it is important to include a letter from an employee showing that if I will get the application approved, i have a job offer, like waitress?
Thank you in advance
My friend, who is retired, no kids and no wife, has signed for my affidavit of support with an income of more $100,000.
Do you believe it is important to include a letter from an employee showing that if I will get the application approved, i have a job offer, like waitress?
Thank you in advance
Tateela_mk__
New Member
Hi, I looked through the spreadsheet and have some questions:
1. I submitted DS -260 already, However the city where I lived back in my country changed the name. My passport is with the old name in it do I need to replace it? Do I need to unlock my form to change the city name?
2. In the required documents translated high school diploma is mentioned. I only have my University diplomas here. Should I ask my family send me high school diplomas too?
3. I saw many times people mention background check. I reside in the US, do I have to do it here? Or shall I request it back in my country?
Thanks in advance!
1. I submitted DS -260 already, However the city where I lived back in my country changed the name. My passport is with the old name in it do I need to replace it? Do I need to unlock my form to change the city name?
2. In the required documents translated high school diploma is mentioned. I only have my University diplomas here. Should I ask my family send me high school diplomas too?
3. I saw many times people mention background check. I reside in the US, do I have to do it here? Or shall I request it back in my country?
Thanks in advance!
Britsimon
Super Moderator
A job offer is not likely to carry much authority. The I-134 is sufficient, assuming that 100k is verifiable income (not savings).
Britsimon
Super Moderator
The Trump administration on Monday released the final version of a controversial rule that dramatically increases the government's ability to reject green cards for people who are deemed likely to depend on government aid such as food stamps, housing assistance and Medicaid.
The new "public charge" rule would link a subject's immigration status to their income and their use of certain public programs.
Published in the Federal Register, the rule will officially be released Wednesday and go into effect 60 days later.
Ken Cuccinelli, the acting director of the U.S. Citizenship and Immigration Services, announced the rule at a press briefing at the White House on Monday morning.
The administration has portrayed the rule as a way to promote sufficiency and independence among immigrants.
"We certainly expect people of any income to be able to stand on their own two feet," Cuccinelli said. "A poor person can prepare to be self-sufficient... so let's not look at that as the be all end all."
The new "public charge" rule would link a subject's immigration status to their income and their use of certain public programs.
Published in the Federal Register, the rule will officially be released Wednesday and go into effect 60 days later.
Ken Cuccinelli, the acting director of the U.S. Citizenship and Immigration Services, announced the rule at a press briefing at the White House on Monday morning.
The administration has portrayed the rule as a way to promote sufficiency and independence among immigrants.
"We certainly expect people of any income to be able to stand on their own two feet," Cuccinelli said. "A poor person can prepare to be self-sufficient... so let's not look at that as the be all end all."
Giovanna
Active Member
Thank you very much!
Where did you hear about this 90-day rule? Mind me asking if you are from Iran?
SusieQQQ
Well-Known Member
DOS developed a 90-day “rule” to assist consular officers in evaluating willful misrepresentation in cases involving an applicant who violated his or her nonimmigrant status or whose conduct is inconsistent with representations made to either the consular officer at the time of the visa application or to the immigration officer at the port of entry. The DOS 90-day rule creates a presumption of willful misrepresentation if an applicant engages in such conduct within 90 days of admission to the United States.
https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3
Sm1smom
Super Moderator
No, not applicable in your case.
Hello everyone,
Our CN is 2020EU3*** so it may become current in November. In the spreadsheet 2NL is indicated as one of the documents which should be submitted with the I 485 form.
1.Is my undertanding correct that I can get 2NL only if I file DS260 (i see in the timeline tab that some people did not file DS260 but still had 2NL)? We still did not file it (my husaband and myself are on vacation outside of the US now).
2.Will it be OK if we submit DS260 right before filing I 485?
Our CN is 2020EU3*** so it may become current in November. In the spreadsheet 2NL is indicated as one of the documents which should be submitted with the I 485 form.
1.Is my undertanding correct that I can get 2NL only if I file DS260 (i see in the timeline tab that some people did not file DS260 but still had 2NL)? We still did not file it (my husaband and myself are on vacation outside of the US now).
2.Will it be OK if we submit DS260 right before filing I 485?