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DV 2021 AOS Only

jewelmerit1995 said:
I thought maybe they can provide me with some ways to my duplicate photo thing, maybe they helped past clients with the same issue. The fact I was selected for this lottery happens once in a decade and its normal im doing everything I can to make it happen. I simply can't sit down and wait for a CO to deny me.
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You are massively over estimating the importance of the photo mistake, and making a daft decision because of that over estimation.

I've explained this before.

  1. DV is about 5% of total immigration.
  2. DV AOS is about 5% of the 5% (a few hundred cases a year).
  3. 95% of DV AOS is handled without a lawyer, meaning that in each year American lawyers handle about 20 or 30 cases. Tops. For the whole country. So lawyers are NOT experienced in DV AOS cases.
Now since the new photo rules were introduced I think I have probably "seen" well over 100 cases where people had reused a photo in a traceable way. NONE of them have been disqualified for it. I'm not saying it can't happen, but so far, it hasn't happened that I know of. And remember, AOS interviews are far less likely to focus on this technical rule, as compared to CP.
 
Britsimon said:
You are massively over estimating the importance of the photo mistake, and making a daft decision because of that over estimation.

I've explained this before.

  1. DV is about 5% of total immigration.
  2. DV AOS is about 5% of the 5% (a few hundred cases a year).
  3. 95% of DV AOS is handled without a lawyer, meaning that in each year American lawyers handle about 20 or 30 cases. Tops. For the whole country. So lawyers are NOT experienced in DV AOS cases.
Now since the new photo rules were introduced I think I have probably "seen" well over 100 cases where people had reused a photo in a traceable way. NONE of them have been disqualified for it. I'm not saying it can't happen, but so far, it hasn't happened that I know of. And remember, AOS interviews are far less likely to focus on this technical rule, as compared to CP.
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I appreciate you saying this brother, let me explain my situation maybe you will understand why I thought a lawyer is needed (even though I now think it's necessary). Basically my F-1 visa expires in November but I'm getting my new I-20 so hopefully I will still be on status..right?? Furhter, I can't go back home to renew my visa because apparently all US embassies are closed and not providing visas. I'm just scared that if I miss a document that is needed or I fill out a form improperly then it get me denied or something.
 
Guys I saw on the timelines that some were rejected because of early filing. What is meant by that? they submitted the AOS before having their number being current or they submitted the DS260 before the start of FY?
 
jewelmerit1995 said:
Guys I saw on the timelines that some were rejected because of early filing. What is meant by that? they submitted the AOS before having their number being current or they submitted the DS260 before the start of FY?
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Go to spreadsheet and read the step 9
 
rabey said:
Go to spreadsheet and read the step 9
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Just did, so it would be better if I send my DS260 by october 1st then wait until im current to send AOS package?

Also, my visa expires in November but I'm getting a new I-20, would that be a problem if they ask for my visa during the interview?
 
also I check in the 2020 aos thread, I saw some people talking about delays. I thought that the 60 days ban doesn't affect those applying for AOS?
 
jewelmerit1995 said:
Just did, so it would be better if I send my DS260 by october 1st then wait until im current to send AOS package?

Also, my visa expires in November but I'm getting a new I-20, would that be a problem if they ask for my visa during the interview?
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What's the program end date on your I-20?
 
Hello All,

I have a rather complicated situation and I need advisory:

I have been randomly selected for further processing for DV-2021. However, I have a relatively high case number (EU23,XXX) which, I believe, still has a good chance of being called. I am currently a PhD student on F-1 visa living in United States. Thus, I have a chance to apply for “adjustment of status” which might be better for my case.

On the other hand, my partner is living/working in my home country. We have been together since late 2016 but we have been in a long distance relationship since late 2017 which is the date when I moved to USA for my PhD. We were not planning to get marry soon (since we are living apart, I am still a student with low income) but since I have got a chance to get a green card, we started thinking that we might get married before my interview. It seems like a better solution since it takes 2-3 years after marriage to get a spouse green card (assuming that I get it before marriage). We need you advisory on this option since we are not sure if it affects negatively my green card application, if it would be a better option, or if that would be feasible. Also we are not sure if a simple marriage without a ceremony (probably inn consulate since my partner is here with me for a month) will be enough for the officials to be convinced that the marriage is real (we do not use social media that often but we have a lot of private messages/photos as evidences along with others, such as trips). We have been visiting each other every 4-5 months on average.

In my case, it seems like it would be a wise option to apply for “adjustment of status” through USCIS via I-485 although I am not sure if it will be the wisest. However, if it is better to get married and if I apply through USCIS, my partner will need to go to interviews at consulate after I get my green card (assuming that I got it) and that will add more time to the process. Considering the relatively high case number, we are not sure if it will be feasible. Similarly, I can also apply through consulate which would need more time for me to spend in my home country with additional cost and since we will be filling out the DS-260 late (due to marriage), it might cause an additional delay. We are not sure if my partner can come here and join me for the interview at USCIS if we choose that way. Again, we need you advisory on this issue if you think getting married before application is better.

I hope I have explained myself clearly in the previous paragraphs. Thank you very much in advance.
 
jewelmerit1995 said:
My current I-20 expiration date is June 16 however I'm getting my new one in 2 weeks and it expires in 2022
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I20 and visa are two different thing. Even if your visa expires in November, you can still present in US as long as you have valid I20 and maintain student status. So, if you get you I20 extended by june 16, you should be fine. However, there are some cases in the past reported that some FO got confused about I20 and expired visa but eventually they got resolved. If something like that happen, you can always politely ask the FO to check that with their supervisor. Anyway, you have a long way to go. I recommend you to go through the spreadsheet couple of more time( more you go through more you realize).
 
f1todv said:
Hello All,

I have a rather complicated situation and I need advisory:

I have been randomly selected for further processing for DV-2021. However, I have a relatively high case number (EU23,XXX) which, I believe, still has a good chance of being called. I am currently a PhD student on F-1 visa living in United States. Thus, I have a chance to apply for “adjustment of status” which might be better for my case.

On the other hand, my partner is living/working in my home country. We have been together since late 2016 but we have been in a long distance relationship since late 2017 which is the date when I moved to USA for my PhD. We were not planning to get marry soon (since we are living apart, I am still a student with low income) but since I have got a chance to get a green card, we started thinking that we might get married before my interview. It seems like a better solution since it takes 2-3 years after marriage to get a spouse green card (assuming that I get it before marriage). We need you advisory on this option since we are not sure if it affects negatively my green card application, if it would be a better option, or if that would be feasible. Also we are not sure if a simple marriage without a ceremony (probably inn consulate since my partner is here with me for a month) will be enough for the officials to be convinced that the marriage is real (we do not use social media that often but we have a lot of private messages/photos as evidences along with others, such as trips). We have been visiting each other every 4-5 months on average.

In my case, it seems like it would be a wise option to apply for “adjustment of status” through USCIS via I-485 although I am not sure if it will be the wisest. However, if it is better to get married and if I apply through USCIS, my partner will need to go to interviews at consulate after I get my green card (assuming that I got it) and that will add more time to the process. Considering the relatively high case number, we are not sure if it will be feasible. Similarly, I can also apply through consulate which would need more time for me to spend in my home country with additional cost and since we will be filling out the DS-260 late (due to marriage), it might cause an additional delay. We are not sure if my partner can come here and join me for the interview at USCIS if we choose that way. Again, we need you advisory on this issue if you think getting married before application is better.

I hope I have explained myself clearly in the previous paragraphs. Thank you very much in advance.
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1. From your description it looks like you can demonstrate an existing relationship prior to your DV selection, so I don’t see any reason as to why you can’t get married and subsequently add your partner as a beneficiary.
2. You can definitely get married in the US while your partner is here now. You’ll need to research and figure out the requirements for getting married in your State, look up the requirements for your county. Simple marriage is fine, doesn’t need to be an elaborate ceremony in order for it to be considered a genuine marriage. Heck, you can swing over to Las Vegas and get married same day.
3. Your partner cannot depart with the mind of returning in order to apply for AOS with you. They will either have to remain in the US (in a legal status of course) after your marriage until your CN becomes current in order to AOS with you. You can also opt to file CP together, or you can continue with AOS with the mind of your spouse processing CP after your process completes.
 
rabey said:
I20 and visa are two different thing. Even if your visa expires in November, you can still present in US as long as you have valid I20 and maintain student status. So, if you get you I20 extended by june 16, you should be fine. However, there are some cases in the past reported that some FO got confused about I20 and expired visa but eventually they got resolved. If something like that happen, you can always politely ask the FO to check that with their supervisor. Anyway, you have a long way to go. I recommend you to go through the spreadsheet couple of more time( more you go through more you realize).
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Thank you for your answer, I'm already going through them.
 
Guys I have a question in terms of the tax return. I filed for my taxes (8843) but they are not income based tax. Since I did not have income, I do not have to file a Tax Return right? so instead of the tax return can I include copies of my 8843 form??
 
Sm1smom said:
1. From your description it looks like you can demonstrate an existing relationship prior to your DV selection, so I don’t see any reason as to why you can’t get married and subsequently add your partner as a beneficiary.
2. You can definitely get married in the US while your partner is here now. You’ll need to research and figure out the requirements for getting married in your State, look up the requirements for your county. Simple marriage is fine, doesn’t need to be an elaborate ceremony in order for it to be considered a genuine marriage. Heck, you can swing over to Las Vegas and get married same day.
3. Your partner cannot departure with the mind of returning in order to apply for AOS with you. They will either have to remain in the US (in a legal status of course) after your marriage until your CN becomes current in order to AOS with you. You can also opt to file CP together, or you can continue with AOS with the mind of your spouse processing CP after your process completes.
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Hi everyone,
*Thanks to this forum for existing!* Found it through brisimonsays.com, after some rather disheartening meetings with immigration attorneys today, and in just 10 minutes found someone in the same situation as me! Thanks, will make sure to read all the documentation.

I am in the same situation as f1todv here - got selected for lottery while I am in a non-immigrant visa in the USA, but my partner is still abroad. I see you laid out the options very clearly but I am still unsure about the last option: the only way to do it staying in our current locations (me:AOS+her:CP) would be to do it sequentially? i.e. I get my green card through AOS and then she starts processing her CP? is it possible to start the process simultaneously? (and honestly I am asking because one of the attorneys I talked to today said that yes, we could do that and she could even come visit while we are waiting for our work authorizations)

thanks in advance!
 
JuanPB said:
... the only way to do it staying in our current locations (me:AOS+her:CP) would be to do it sequentially? i.e. I get my green card through AOS and then she starts processing her CP? is it possible to start the process simultaneously? (and honestly I am asking because one of the attorneys I talked to today said that yes, we could do that and she could even come visit while we are waiting for our work authorizations)

thanks in advance!
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Your attorney is correct in theory but either has little to no DV experience judging by the line I bolded above, or you misunderstood something. Once you have a green card you do not need employment authorization - and she can‘t apply for one from outside the country, and when she enters on an immigrant visa/becomes a green card holder on entry, she doesn’t need one either.
DV moves much faster than normal AOS, which is probably what the attorney you spoke to is familiar with. Please read the spreadsheet thoroughly for your own AOS, and note the urgency often involved in follow to join in DV casss because of the 30 September deadline for completion of all fiscal year visas. (There is consequently generally very little “time to visit” in the inbetween phase even without the strange statement about work authorization)

When do you plan to marry your partner?
 
SusieQQQ said:
Your attorney is correct in theory but either has little to no DV experience judging by the line I bolded above, or you misunderstood something. Once you have a green card you do not need employment authorization - and she can‘t apply for one from outside the country, and when she enters on an immigrant visa/becomes a green card holder on entry, she doesn’t need one either.
DV moves much faster than normal AOS, which is probably what the attorney you spoke to is familiar with. Please read the spreadsheet thoroughly for your own AOS, and note the urgency often involved in follow to join in DV casss because of the 30 September deadline for completion of all fiscal year visas. (There is consequently generally very little “time to visit” in the inbetween phase even without the strange statement about work authorization)

When do you plan to marry your partner?
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Thanks for your reply! I clearly misspoke - attorney just said, essentially (not a paraphrase): "oh yeah you can apply for an AOS and she applies for CP, and while you are waiting for approval she can even come visit you (contrary to my case where I would not be able to leave the country while waiting)". Nothing about 'work permit' really.

I am still puzzled by the whole simultaneous CP+AOS - is it just as simple as it sounds, where we submit separate applications when my number is current, and after havin submitted a DS260 together?

Answering your q - we will probably arrange something to get married in the summer, definitely before October comes (at 2021EU000001xx, I want to believe I have a low number).

thanks!
 
JuanPB said:
Thanks for your reply! I clearly misspoke - attorney just said, essentially (not a paraphrase): "oh yeah you can apply for an AOS and she applies for CP, and while you are waiting for approval she can even come visit you (contrary to my case where I would not be able to leave the country while waiting)". Nothing about 'work permit' really.

I am still puzzled by the whole simultaneous CP+AOS - is it just as simple as it sounds, where we submit separate applications when my number is current, and after havin submitted a DS260 together?

Answering your q - we will probably arrange something to get married in the summer, definitely before October comes (at 2021EU000001xx, I want to believe I have a low number).

thanks!
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Depends what you mean by “simple“. It’s not as simple as either a straightforward AOS or straightforward CP case. It’s fairly simple if everything works the way it should, though. You go to your AOS interview (obviously indicating that she will follow to join); once you are approved for a green card, then you have to request uscis for the case to be sent to the embassy/consulate where your future wife will interview. She may then need to contact them to set up an interview - they may proactively contact her but it’s not something you can rely on, this is definiteiy a process you will need to stay on top of, especially if you interview later in the fiscal year, and if it’s a busy consulate that is not easy to get interview slots at. (Remember that with AOS, even with a low case number you may not get an interview early in the fiscal year, depending how your FO handles DV cases.)

^ if there was anything I didn’t get quite right there I’m sure mom will correct it!
 
Hello everyone, there is a topic I would like to discuss and probably get help for:
1)I filed for my taxes (8843) but they are not an income-based tax. Since I did not have income, I do not have to file a Tax Return right? so instead of the tax return can I include copies of my 8843 form?
2)I was planning to go visit my family back home (I haven't seen my parents in 4 years now) but then when I heard about the 90 days rule, I didn't want to take the risk to apply in December (if I come back in the USA by mid-August). However, when I checked the history of all Visa bulletin it showed that in Africa the cut off number of 9xxx (which is my CN) always happened in December within the last 4 years, and November in the past 7 years prior to those 4 years. However, it never had a cut off cumber of 9000 in October. Is it safe to assume that it won't happen this year?
3) in terms of the 90 days rule, does it apply to AOS and DS260 or only AOS?

Thank you guys for taking the time to answer my question, this means a lot! I love how we're always going in this together like family!
 
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