DV 2020 AOS Only

Having a backup I-134 on hand wouldn’t hurt should I’m case the first one is rejected.
In case first one gets rejected will they deny my application? Or mail it all back again with RFE? Or would they still schedule the interview and ask me to bring a new one along with me to the interview?
Thank you
 

Sm1smom

Super Moderator
In case first one gets rejected will they deny my application? Or mail it all back again with RFE? Or would they still schedule the interview and ask me to bring a new one along with me to the interview?
Thank you
Your IO will let you know if your current I-134 is not acceptable.
 
Sorry Mom, I didn't want to be rude, but I was in a hurry earlier. I wanted to say: I entered the lottery last year without thinking I'd have a chance and forgot about it. Then I recently received an email from KCC. My initial plan was to send the documentation in January, when I'm back from my research trip, but then I read somewhere that this would be illegal. Is it? Since I don't want to cancel my plans, should I just not apply for a green card?
 

Sm1smom

Super Moderator
Sorry Mom, I didn't want to be rude, but I was in a hurry earlier. I wanted to say: I entered the lottery last year without thinking I'd have a chance and forgot about it. Then I recently received an email from KCC. My initial plan was to send the documentation in January, when I'm back from my research trip, but then I read somewhere that this would be illegal. Is it? Since I don't want to cancel my plans, should I just not apply for a green card?
The decision to proceed or not proceed is really one you’ll have to make on your own. And you haven’t even given enough information about to for us to have a better understanding of your situation.

What is your current status? What is your CN (region and the first two or three digits after the series of zeros) - this may shed some light on when your CN is likely to become current which can hopefully help make a more informed decision about your situation.
 
The decision to proceed or not proceed is really one you’ll have to make on your own. And you haven’t even given enough information about to for us to have a better understanding of your situation.

What is your current status? What is your CN (region and the first two or three digits after the series of zeros) - this may shed some light on when your CN is likely to become current which can hopefully help make a more informed decision about your situation.
Hi Mom,
I had more information in a previous message, but I didn't manage to embed it correctly.

My CN is 2020EU00039###
Currently F-1, doing a PhD in the US. I am travelling to Europe in December, and I'm coming back in January. My initial idea was to send everything then, but I read it's actually illegal. From what I understood, either I cancel my travel plans in December and stay in the US, or I go to my home country and file everything there (but then I don't know if the school would allow it). Third way, I miss the chance to obtain a GC and continue with my life on an F-1.
Is this information correct? Any tips?
 

Sm1smom

Super Moderator
Hi Mom,
I had more information in a previous message, but I didn't manage to embed it correctly.

My CN is 2020EU00039###
Currently F-1, doing a PhD in the US. I am travelling to Europe in December, and I'm coming back in January. My initial idea was to send everything then, but I read it's actually illegal. From what I understood, either I cancel my travel plans in December and stay in the US, or I go to my home country and file everything there (but then I don't know if the school would allow it). Third way, I miss the chance to obtain a GC and continue with my life on an F-1.
Is this information correct? Any tips?
Your understanding is slightly flawed. Yes, entering the US on NIV with the preconceived intent of filing AOS is considered fraudulent and highly frowned upon, this however mainly applies to someone who is entering the US for the first time with a NIV. It isn’t quite applicable to someone who is currently based in the US and had to briefly travel outside of the US.

If you’re willing to wait for about 90 days after your return to the US before demonstrating an immigrant intent, you should be okay.
 
Your understanding is slightly flawed. Yes, entering the US on NIV with the preconceived intent of filing AOS is considered fraudulent and highly frowned upon, this however mainly applies to someone who is entering the US for the first time with a NIV. It isn’t quite applicable to someone who is currently based in the US and had to briefly travel outside of the US.

If you’re willing to wait for about 90 days after your return to the US before demonstrating an immigrant intent, you should be okay.
Thank you so much!

So you are saying I should wait a bit after coming back in January and send all the documents, say, in March? Would this give me time to potentially obtain the GC, considering that I only have time until September 30?
And if I also filed the I-131 Application for Travel Document with the AOS, do you think I would be able to travel by June/July? I will probably have other research to conduct in Europe at the time.
 

SusieQQQ

Well-Known Member
Thank you so much!

So you are saying I should wait a bit after coming back in January and send all the documents, say, in March? Would this give me time to potentially obtain the GC, considering that I only have time until September 30?
And if I also filed the I-131 Application for Travel Document with the AOS, do you think I would be able to travel by June/July? I will probably have other research to conduct in Europe at the time.
6 months is more than adequate for the process. Have you looked at timelines on the spreadsheet? Many people only get current in the last few months and still adjust successfully.

If you still have valid F status you won’t need to file I131 to travel, it’s only needed if you fall out of your original status and are relying on your adjustment pending status to remain in the US.
 
6 months is more than adequate for the process. Have you looked at timelines on the spreadsheet? Many people only get current in the last few months and still adjust successfully.

If you still have valid F status you won’t need to file I131 to travel, it’s only needed if you fall out of your original status and are relying on your adjustment pending status to remain in the US.
My F-1 status is valid until 2023, so this should not be a problem.
I have checked the timelines on the spreadsheet and they are indeed reassuring. Thank you so much for your help. I was panicking yesterday and your words gave me some security. I will speak with the immigration attorney at my school, just to have another confirmation.

This forum truly is a pearl, and now I will check the YouTube channel as well.
 
Hi All,

Really appreciate this thread and all of the helpful information.

I'm from Australia but currently living in the US on a J1 visa (no 2 year rule applies to me). The J1 Expires at the end of September 2020.

I was lucky enough to receive a low number in the DV Lottery, my CN is currently up on the October Bulletin.

A brief run down of where I'm currently at:
- The DS260 I filed a few months ago and opted for AOS,
- I have the DV Receipt. I have the 2NL from KCC.
- i485 is filled out, signed and ready to go along with associated supporting docs
- I've had the medical examination and received my i693.
- All AOS documentation is now ready

My concern is that being on a J1, should this be rejected that I would not be able to get an E3 and would be forced to leave the country?Can anybody please advise?

If all good I intend on submitting all documents tomorrow in the hope that If i'm luck enough I will have the GC by mid next year.

Any further info would be greatly appreciated

Cheers
 

Sm1smom

Super Moderator
Thank you so much!

So you are saying I should wait a bit after coming back in January and send all the documents, say, in March? Would this give me time to potentially obtain the GC, considering that I only have time until September 30?
And if I also filed the I-131 Application for Travel Document with the AOS, do you think I would be able to travel by June/July? I will probably have other research to conduct in Europe at the time.
No you wouldn’t be able to travel on AP by June/July if you file AOS in March. Current AP processing time is roughly 6 to 8 months.
 

Sm1smom

Super Moderator
If you still have valid F status you won’t need to file I131 to travel, it’s only needed if you fall out of your original status and are relying on your adjustment pending status to remain in the US.
An AOS based I-131 is for AP which allows an AOS pending petitioner to travel out of the US and return without jeopardizing the pending AOS petition, traveling without an approved AP results in the pending AOS being considered abandoned.
 

Sm1smom

Super Moderator
Hi All,

Really appreciate this thread and all of the helpful information.

I'm from Australia but currently living in the US on a J1 visa (no 2 year rule applies to me). The J1 Expires at the end of September 2020.

I was lucky enough to receive a low number in the DV Lottery, my CN is currently up on the October Bulletin.

A brief run down of where I'm currently at:
- The DS260 I filed a few months ago and opted for AOS,
- I have the DV Receipt. I have the 2NL from KCC.
- i485 is filled out, signed and ready to go along with associated supporting docs
- I've had the medical examination and received my i693.
- All AOS documentation is now ready

My concern is that being on a J1, should this be rejected that I would not be able to get an E3 and would be forced to leave the country?Can anybody please advise?

If all good I intend on submitting all documents tomorrow in the hope that If i'm luck enough I will have the GC by mid next year.

Any further info would be greatly appreciated

Cheers
Yes a demonstrated immigrant intent makes getting a NIV difficult to get.
 
No you wouldn’t be able to travel on AP by June/July if you file AOS in March. Current AP processing time is roughly 6 to 8 months.
The timeline from last year indicated around 2-4 months for obtaining a GC. Does that mean that getting AP is worthless and I should attempt the GC only?
 

Sm1smom

Super Moderator
The timeline from last year indicated around 2-4 months for obtaining a GC. Does that mean that getting AP is worthless and I should attempt the GC only?
Because a DV based AOS petition is time sensitive and fast tracked, accompanying AP and/or EAD petition often turns out to be irrelevant.
 
Good morning @Sm1smom
Sorry to bother you but today is the 30th and still no message or email from the Chicago Lockbox. I know that I have to wait and there is no way to contact the office.
1)
It is possible that they lost my aos package? It has ever happened to someone in this forum?
2) in case I won t hear from them in 30 days, do I have to send another package and do again the medical form?
3) there will be another form after Nov 3?
 

Sm1smom

Super Moderator
Good morning @Sm1smom
Sorry to bother you but today is the 30th and still no message or email from the Chicago Lockbox. I know that I have to wait and there is no way to contact the office.
1)
It is possible that they lost my aos package? It has ever happened to someone in this forum?
2) in case I won t hear from them in 30 days, do I have to send another package and do again the medical form?
3) there will be another form after Nov 3?
1. I’m not aware of any info of the Lockbox loosing an AOS package.
2. You shouldn’t be sending a replacement package without a status update on the one already sent.
3. I don’t know.
 
1. I’m not aware of any info of the Lockbox loosing an AOS package.
2. You shouldn’t be sending a replacement package without a status update on the one already sent.
3. I don’t know.
Finally this morning I got an answer. My package has been rejected due to incorrect fee,$ -100.
They sent my package yesterday. I hope to get the package this week so I can send it again soon. I feel so bad of my mistake but at the same time I finally have an answer.
 
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