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DV 2021 AOS Only

Hi Everyone,

I'm on F1 visa and my visa stamp will expire in December. My driving license will also expire on the same date as the visa stamp expiry date. However, I can still maintain my status until I graduate in May 2021. I'll need to get a new I-20 extension from my university.

I know the visa stamp is truly only an entry document but will this have a negative impact on the interview process?
 
Hi Mom,

I have already sent in notice to the DOS that I will be filing AOS - 2021OC9** - and have received a stamped physical receipt from KCC and then more recently email confirmation recognizing my wish to file AOS. For reference currently here on H1B.

I noticed in the google sheet that you mentioned the importance of filing DS260, regardless if you are filing AOS vs. Consular Process. Is it still worth/am I allowed to go back and file form DS260 now? And, would you recommend it?

Based on last year's numbers it looks like I will be able to file around December, I am a little concerned that I will not have time to go the AOS route. What do you think?

I really appreciate everything you post on here, it has been a huge resource.
 
ishmog said:
Hi Everyone,

I'm on F1 visa and my visa stamp will expire in December. My driving license will also expire on the same date as the visa stamp expiry date. However, I can still maintain my status until I graduate in May 2021. I'll need to get a new I-20 extension from my university.

I know the visa stamp is truly only an entry document but will this have a negative impact on the interview process?
Click to expand...

No, the stamp expiry date has no impact on the process provided your authorized stay is beyond the visa expiration date and you continue to maintain your status following the visa stamp expiration date.
 
ZacCaz said:
Hi Mom,

I have already sent in notice to the DOS that I will be filing AOS - 2021OC9** - and have received a stamped physical receipt from KCC and then more recently email confirmation recognizing my wish to file AOS. For reference currently here on H1B.

I noticed in the google sheet that you mentioned the importance of filing DS260, regardless if you are filing AOS vs. Consular Process. Is it still worth/am I allowed to go back and file form DS260 now? And, would you recommend it?

Based on last year's numbers it looks like I will be able to file around December, I am a little concerned that I will not have time to go the AOS route. What do you think?

I really appreciate everything you post on here, it has been a huge resource.
Click to expand...

1. Yes you can still submit the DS260 form, not a problem.
2. I don't understand what the concern is about? Is your current status about to expire or will expire before you file AOS?
 
Sm1smom said:
1. Yes you can still submit the DS260 form, not a problem.
2. I don't understand what the concern is about? Is your current status about to expire or will expire before you file AOS?
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No, the H1B was just approved 3 months ago, it was more about Covid-19 potentially slowing things down and missing the 1-year window for the DV program. I know that sounds excessive but just want to make sure I am keeping both options open.
 
ZacCaz said:
No, the H1B was just approved 3 months ago, it was more about Covid-19 potentially slowing things down and missing the 1-year window for the DV program. I know that sounds excessive but just want to make sure I am keeping both options open.
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While most selectees successfully complete their DV AOS process, I cannot predict or guarantee anyone/everyone will do so. Factors such as the FO workload/work schedule, background check clearance, chargeability country, CN current month, filing date, etc all play different roles in the process. Take a look at the pros and cons section of the AOS process spreadsheet, take a look at both past and current Timeline spreadsheets (all linked to on the AOS process spreadsheet for more guidance).
 
Sm1smom said:
While most selectees successfully complete their DV AOS process, I cannot predict or guarantee anyone/everyone will do so. Factors such as the FO workload/work schedule, background check clearance, chargeability country, CN current month, filing date, etc all play different roles in the process. Take a look at the pros and cons section of the AOS process spreadsheet, take a look at both past and current Timeline spreadsheets (all linked to on the AOS process spreadsheet for more guidance).
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Will do. Again, really appreciate all the info you provide on here, has been a big help. Thank you.
 
Sm1smom said:
Your husband has no status to adjust from, he is not eligible to file a DV based AOS. You’re eligible to file CP, make sure you do not accrue an unlawful presence before departing the US at the end of your authorized stay. Prepare to be asked about him, his absence on its own will not negatively impact your CP process.
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Thank you. May I still try to put him onto my DS260 form as a spouse and put his US address to try applying for AOS when I do CP? Would I be affected anyhow if I do that? We're also considering abandoning his asylum application since he hasn't been in the country for more than a year, would he be eligible to do CP together with me in the case?
 
peterburg said:
Thank you. May I still try to put him onto my DS260 form as a spouse and put his US address to try applying for AOS when I do CP? Would I be affected anyhow if I do that? We're also considering abandoning his asylum application since he hasn't been in the country for more than a year, would he be eligible to do CP together with me in the case?
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1. Of course you have to list him on your DS260 as your spouse, with his current address listed regardless of which process you guys decide for him to follow.
2. Does that mean his asylum application was frivolous in the first place? Anyway, if he goes the CP route and his deemed to have have accrued an illegal presence of 180 days and less than 1 year, he will be facing a 3 year inadmissibility bar from the US. A 1 year or more of an accrued illegal presence has a 10 year inadmissibility bar
 
Sm1smom said:
1. Of course you have to list him on your DS260 as your spouse, with his current address listed regardless of which process you guys decide for him to follow.
2. Does that mean his asylum application was frivolous in the first place? Anyway, if he goes the CP route and his deemed to have have accrued an illegal presence of 180 days and less than 1 year, he will be facing a 3 year inadmissibility bar from the US. A 1 year or more of an accrued illegal presence has a 10 year inadmissibility bar
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1. Thank you!
2. He is afraid of coming back home and he won't go back, we have an option of going to another country other than the original one and do the CP there since we could obtain permanent resident statuses there. He hasn't overstayed for more than 180 days yet, we wonder if it would be possible to the CP for him in the case?
 
peterburg said:
1. Thank you!
2. He is afraid of coming back home and he won't go back, we have an option of going to another country other than the original one and do the CP there since we could obtain permanent resident statuses there. He hasn't overstayed for more than 180 days yet, we wonder if it would be possible to the CP for him in the case?
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He hasn’t overstayed for more than 180 days, ok. But has he overstayed for up to 180 days? That is what I mentioned in my previous post - “up to” is not the same as “more than”
 
peterburg said:
1. Thank you!
2. He is afraid of coming back home and he won't go back, we have an option of going to another country other than the original one and do the CP there since we could obtain permanent resident statuses there. He hasn't overstayed for more than 180 days yet, we wonder if it would be possible to the CP for him in the case?
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Curious, you can obtain permanent residence status somewhere else so easily? Anyway if that’s the case suggest he moves there before he accrues a ban from overstay, if he is dead set on pursuing DV at the expense of his asylum application. Note that he should still probably expect to get questioned about his asylum application, not least because if he can get PR that easily elsewhere it also casts doubt on why he needed to apply for asylum in the US rather than just go to this other place.
 
In 485 instruction there is a separate part for DV lottery selectee.
For additional evidence it mentioned that:
"Evidence that any derivative applicants were originally included in the DV lottery entry"

What is this evidence and how can we get it? is it sth necessary?
 
Hi guys,

I was reading the spreadsheet related to the AOS package and I have a question:

SSN, employment letter, pay stubs, bank statements and academic degrees are mentioned, but I did not find anything about them in the I-485 instructions (although know some of them will be required with the I-944 if they will ask for it again).

So just referring to the I-485, are these documents that you guys suggest to include in the package anyway or attaching non required documents it's not advisable?
 
fauchc said:
Hi guys,

I was reading the spreadsheet related to the AOS package and I have a question:

SSN, employment letter, pay stubs, bank statements and academic degrees are mentioned, but I did not find anything about them in the I-485 instructions (although know some of them will be required with the I-944 if they will ask for it again).

So just referring to the I-485, are these documents that you guys suggest to include in the package anyway or attaching non required documents it's not advisable?
Click to expand...
I-944 was the new public charge evaluation form. But even before that, there was a public charge rule which apply to any applicant (which was not well defined and restricted as I-944. Therefore, it's applicant responsibility to show that the applicant will not fall to a public charge in future. I believe, even if you don't include them in the AOS package the IO will request the at the interview to evaluate your application. That's why you need to include those document with your AOS to increase your chance to convince the IO to approve your case (may be without an interview).
P.S: if you search through past DV treads, all the members include those documents( if applicable) with their AOS package and received their GC. So why do worry about including those docs?
 
rabey said:
I-944 was the new public charge evaluation form. But even before that, there was a public charge rule which apply to any applicant (which was not well defined and restricted as I-944. Therefore, it's applicant responsibility to show that the applicant will not fall to a public charge in future. I believe, even if you don't include them in the AOS package the IO will request the at the interview to evaluate your application. That's why you need to include those document with your AOS to increase your chance to convince the IO to approve your case (may be without an interview).
P.S: if you search through past DV treads, all the members include those documents( if applicable) with their AOS package and received their GC. So why do worry about including those docs?
Click to expand...


You're right. I was probably overthinking, but at the same time I wanted to understand the process better. Thank you.
 
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