DV 2020 AOS Only

Sm1smom

Super Moderator
#62
Like Susie already pointed out with the I601, being the parent of a USC child does not make you eligible for an I601A waiver either. See direct quote from the I-601A Waiver Instructions itself (p.7 - Extreme Hardship to a Qualifying Relative)

NOTE to parents of a U.S. citizen or LPR child: A U.S. citizen or LPR child is not a qualifying relative for the purpose of showing extreme hardship in this application. USCIS will not consider extreme hardship experienced by your U.S. citizen or LPR children except to the extent that it affects the extreme hardship your U.S. citizen or LPR spouse or parent would experience.
 
#63
Hello All,
Firstly, I would like to sincerely thank the wonderful efforts and coordination between you guys all over the Forums.Immigration. I recommend anyone who hasn’t look at the spreadsheet to do so ASAP if he/she considers AOS.
Well, I am on a valid F1 visa and I won the DV lottery 2020. My CN is 2020AS00004xxx and I belong to the Asia region. If I travel to Canada by the end of June to attend a conference and if I am traveling to my home country for the whole month of August (for marriage plans), is that going to affect my entry to the US at both cases?
Please, note that I haven’t applied for DS260 or the AOS applications (I 485) yet. Because I think I will have to start the process when I come back from my vacation at the end of August, am I right?
Thanks ya’ll
 
#64
Hi all,
First, thank you MOM @Sm1smom , @Britsimon and @SusieQQQ for creating and maintaining this forum/website for all these years. You are changing people’s lives, God bless you.
I am DV2020 Selectee with CN 2020AS21XXX. I already submitted my DS260 (this was a big mistake), and as I am currently in US, I choose AOS option and not CP: I am on a visitor visa (B2), stamp expires on 09/02/2019 (before FY2020 & VB2020).
Please find below my questions, for your advice:


1- Should I keep my AOS and file a petition to expand my B2 visa (form i-539: one is considered to be in legal status if the AOS petition was filed AND accepted by USCIS prior to B2 status expiration.
This may ruin my chances to apply for an NIV in the future (DS260 submitted= immigration intention).
In addition, I currently have a job offer from a US educational institution, but to do so, I need to switch to a J1 visa (sponsorship secured).


2- If I should switch to CP: When and How should I do that, Before or After leaving the US? email KCC?

3- I have been engaged for 14 months until now. My fiancée and I, have been together for the past 10 years (Photos documented/Social media), we planned to get married on 07/07/2019.
Does a marriage between selection (05/07/2019) and the interview risk my application? (after unlocking DS260, edit marital status, submit a second DS260 for wife with supporting documents).
 
#65
Hello All,
Firstly, I would like to sincerely thank the wonderful efforts and coordination between you guys all over the Forums.Immigration. I recommend anyone who hasn’t look at the spreadsheet to do so ASAP if he/she considers AOS.
Well, I am on a valid F1 visa and I won the DV lottery 2020. My CN is 2020AS00004xxx and I belong to the Asia region. If I travel to Canada by the end of June to attend a conference and if I am traveling to my home country for the whole month of August (for marriage plans), is that going to affect my entry to the US at both cases?
Please, note that I haven’t applied for DS260 or the AOS applications (I 485) yet. Because I think I will have to start the process when I come back from my vacation at the end of August, am I right?
Thanks ya’ll
1. No immigrant intent has been demonstrated, so re-admission into the US shouldn’t be an issue.

2. What is the plan for adding your spouse as your derivative if you plan on getting married in August? You may need to wait a minimum of 90 days following your return at the end of August before demonstrating an immigrant intent which is what the submission of the DS260 form signifies.
 
#66
Hi all,
First, thank you MOM @Sm1smom , @Britsimon and @SusieQQQ for creating and maintaining this forum/website for all these years. You are changing people’s lives, God bless you.
I am DV2020 Selectee with CN 2020AS21XXX. I already submitted my DS260 (this was a big mistake), and as I am currently in US, I choose AOS option and not CP: I am on a visitor visa (B2), stamp expires on 09/02/2019 (before FY2020 & VB2020).
Please find below my questions, for your advice:


1- Should I keep my AOS and file a petition to expand my B2 visa (form i-539: one is considered to be in legal status if the AOS petition was filed AND accepted by USCIS prior to B2 status expiration.
This may ruin my chances to apply for an NIV in the future (DS260 submitted= immigration intention).
In addition, I currently have a job offer from a US educational institution, but to do so, I need to switch to a J1 visa (sponsorship secured).


2- If I should switch to CP: When and How should I do that, Before or After leaving the US? email KCC?

3- I have been engaged for 14 months until now. My fiancée and I, have been together for the past 10 years (Photos documented/Social media), we planned to get married on 07/07/2019.
Does a marriage between selection (05/07/2019) and the interview risk my application? (after unlocking DS260, edit marital status, submit a second DS260 for wife with supporting documents).
1. You’re currently not eligible for AOS, your granted stay will be long over before your CN becomes current (assuming it even does). Forget about extension of stay, it’s not going to be granted.

2. Email KCC, and request for them to unlock your DS260 form to enable you update your current home address to that in your country. After resubmitting the form, follow up with another email to KCC letting them know you’re switching to CP - you need to do this follow up because you will not be able to update the AOS selected portion on your DS260 to CP, that section gets locked down. When you email KCC regarding the changed option (before or after your departure) doesn’t matter

3. It shouldn’t as long as you can demonstrate your marriage was a genuine one and not something entered into solely for the purpose of getting a GC.
 
#67
1. No immigrant intent has been demonstrated, so re-admission into the US shouldn’t be an issue.

2. What is the plan for adding your spouse as your derivative if you plan on getting married in August? You may need to wait a minimum of 90 days following your return at the end of August before demonstrating an immigrant intent which is what the submission of the DS260 form signifies.
1. No immigrant intent has been demonstrated, so re-admission into the US shouldn’t be an issue.

2. What is the plan for adding your spouse as your derivative if you plan on getting married in August? You may need to wait a minimum of 90 days following your return at the end of August before demonstrating an immigrant intent which is what the submission of the DS260 form signifies.
Thank you so much MOM for being available to our inquiries all the time!
Well, that’s what I was thinking since I met with that old experienced immigration lawyer and he said there is a possibility that they won’t let you enter the country because it will be shown on their system that you’ve applied for DV lottery and WON it. He said it is a possibility and I have to consider it. Just wanted to seek advice.
Regarding my marriage, my future wife is an American citizen. We will just going back to our home country for the marriage and then we return back to the US. I believe when it comes for filling my AOS DV based I will have to mention my wife’s information on the application. Note that she is an American citizen but I will choose the AOS DV based because it’s less time consuming and apart from strings. Do you think there will be any conflict of interests?
 
#68
1. You’re currently not eligible for AOS, your granted stay will be long over before your CN becomes current (assuming it even does). Forget about extension of stay, it’s not going to be granted.

2. Email KCC, and request for them to unlock your DS260 form to enable you update your current home address to that in your country. After resubmitting the form, follow up with another email to KCC letting them know you’re switching to CP - you need to do this follow up because you will not be able to update the AOS selected portion on your DS260 to CP, that section gets locked down. When you email KCC regarding the changed option (before or after your departure) doesn’t matter

3. It shouldn’t as long as you can demonstrate your marriage was a genuine one and not something entered into solely for the purpose of getting a GC.
Thanks MOM for your prompt response, I really appreciate your efforts.
 
#69
Thank you so much MOM for being available to our inquiries all the time!
Well, that’s what I was thinking since I met with that old experienced immigration lawyer and he said there is a possibility that they won’t let you enter the country because it will be shown on their system that you’ve applied for DV lottery and WON it. He said it is a possibility and I have to consider it. Just wanted to seek advice.
Regarding my marriage, my future wife is an American citizen. We will just going back to our home country for the marriage and then we return back to the US. I believe when it comes for filling my AOS DV based I will have to mention my wife’s information on the application. Note that she is an American citizen but I will choose the AOS DV based because it’s less time consuming and apart from strings. Do you think there will be any conflict of interests?
Not sure what you mean by conflict of interest in what you described.
 
#70
Looks like i am out of luck for AOS and even CP. So my question is if i risk of AOS and get to the point of Interview (hopefully i will make it to that stage), do they have discretion of granting greencard in spite of my previous out of status ? or they must have to go by the book and declined on the fact that i violated non-immigrant status.?
 
#74
Looks like i am out of luck for AOS and even CP. So my question is if i risk of AOS and get to the point of Interview (hopefully i will make it to that stage), do they have discretion of granting greencard in spite of my previous out of status ? or they must have to go by the book and declined on the fact that i violated non-immigrant status.?
They are required to go by the book, approval decision is not at someone’s discretion. It is possible to mistakenly approve a non-approvable case, however it wouldn’t be unusual for such an approval to be rescinded years later.
 
#76
They are required to go by the book, approval decision is not at someone’s discretion. It is possible to mistakenly approve a non-approvable case, however it wouldn’t be unusual for such an approval to be rescinded years later.
so forget about this DV lottery and keep enjoying TPS and hope that some day they pass comprehensive immigration reform that include TPS? What would you do, Mom? Attorneys are sucker for money? They dont give definite answer. One asked for money for him to do the research!
 
#77
so forget about this DV lottery and keep enjoying TPS and hope that some day they pass comprehensive immigration reform that include TPS? What would you do, Mom? Attorneys are sucker for money? They dont give definite answer. One asked for money for him to do the research!
I’m sorry I can’t tell you what you should do. I’m also not in your position so I can’t tell you what I would do. I’ve done what I can - which is share the information I know with you. You have to decide what your next step will be.
 
#78
I’m sorry I can’t tell you what you should do. I’m also not in your position so I can’t tell you what I would do. I’ve done what I can - which is share the information I know with you. You have to decide what your next step will be.
Understood but hey thanks for such tons of useful information here that at some point made me more informed than some lawyers. Will update with any progress.
 
#79
Good morning. I am from Europe with a case number 2020EU2700. I am in the USA since 2015 with a valid F1 visa. I went back in my home country many times during this time. My visa will expire in July 2020. Couple days ago I sent the DS 260, because my case number is low and i should be interviewed in October or November. I already talked to the college and if i don t wanna start another semester, due to the GL, i have to leave the country by August 28. In my case, student visa, is ok or not leave the visa and go back to my country in order to do everything? Or is better ask for an adjustment of status? What is a risk? Also, if I wanna do the process in my home country, do I need to fill just the DS 260?
 
#80
hey guys,Ive read the spread sheet and other topics about form ds 260.so far I know,theres no need to hurry,but in their instructions its says to fill out as soon as possible. But I just want to double check:
1.Im in US,planning try to AOS( I know might not possible,but still) submitting a form ds 260 with out delay wouldnt hurt?
my case number is 2020eu8***.
2. in ds 260 form under the immigration violations: "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?" Im answering "YES" and it says "explain"
I'll just need to put in basic explanation,right? like," yes,I overstayed my visa" and then upon interview( if) give a detailed information?
3. and what are the chances, they will not accept this form because of positive answer to this question or they will still accept the form and then upon the interview decision would be made?
I know, its important form,but how formal is the form?not sure if it makes sense.
 
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