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DV 2021 AOS Only

Good afternoon. My wife and I are getting married this August (2020).We want to life together, so we were thinking of getting her an F2 visa (I am on a F1 student Visa at the moment). My questions are:

1) I understand that for the AOS process only after I have recieved my Green Card she can apply for hers in the Embassy of our homecountry. If she is also living with me on an F2 visa, does she needs to go back and apply there, or can she do an Adjustment of Status with me on the same application, so we go to the interview together in the US?

2) In case she would stay in our homecountry (without an F2 visa) and was not issued a Green Card because as I have a relatively high CN number the time isn't enough for her, can she come live with me if I already have my Green Card while I am petitioning for her?

Thanks a lot!
 
kolopoi0 said:
Good afternoon. My wife and I are getting married this August (2020).We want to life together, so we were thinking of getting her an F2 visa (I am on a F1 student Visa at the moment). My questions are:

1) I understand that for the AOS process only after I have recieved my Green Card she can apply for hers in the Embassy of our homecountry. If she is also living with me on an F2 visa, does she needs to go back and apply there, or can she do an Adjustment of Status with me on the same application, so we go to the interview together in the US?

2) In case she would stay in our homecountry (without an F2 visa) and was not issued a Green Card because as I have a relatively high CN number the time isn't enough for her, can she come live with me if I already have my Green Card while I am petitioning for her?

Thanks a lot!
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1. Your wife to be is not eligible for AOS. She cannot enter the US on a NIV with a preconceived intent of filing AOS, that equates to fraudulent use of a NIV.

2. What status will she be entering the US in if you’re no longer on F1? She can’t simply live with you on the basis of you having a GC, she’ll need to be in an independent valid status in order to do that.
 
Sm1smom said:
1. Your wife to be is not eligible for AOS. She cannot enter the US on a NIV with a preconceived intent of filing AOS, that equates to fraudulent use of a NIV.

2. What status will she be entering the US in if you’re no longer on F1? She can’t simply live with you on the basis of you having a GC, she’ll need to be in an independent valid status in order to do that.
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I understand thank you very much.

What do people normally do in these cases? We already had plans on she living with me even if she had to apply for an F2 visa. If we are unlucky enough that she doesn't get her GC during the DV lottery process because they run out of visas, will we just have to be separated all the time until they accept my petition of filling her GC as my spouse? She has a B2 visitor's visa at the moment.
 
Sm1smom said:
What would be the basis of the I-765? You can’t file an I-765 solely for the purpose of remaining in status and in isolation. If you’re still in status as at when USCIS officially accepts your AOS package, you’ll be okay even if your current status expires while AOS application is pending. The only time that may be an issue is if your AOS gets denied for some reason, you’ll have no fall back status and will need to depart from the US immediately.
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Understood. The purpose of filing an I-765 would be to have permission to work while I waited, and to avoid adversely affecting the GC application by being out of status. Is that an option?

Going by some other folk's previous year timelines.. it looks like my AOS package might be officially accepted in October or November. So that's v close to my current visa expiration date. Maybe CP is more appropriate in my case? I would prefer AOS but not if it puts the GC in jeopardy.

Sorry if I'm mis-speaking or confusing items, obviously don't have the same level of expertise on this as you do!
 
kolopoi0 said:
I understand thank you very much.

What do people normally do in these cases? We already had plans on she living with me even if she had to apply for an F2 visa. If we are unlucky enough that she doesn't get her GC during the DV lottery process because they run out of visas, will we just have to be separated all the time until they accept my petition of filling her GC as my spouse? She has a B2 visitor's visa at the moment.
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What do people normally do, outside of not entering the US with a preconceived intent of filing AOS? I don’t know. I can only share what the law says.

She can visit, but certainly can’t live in the US on a visitor’s visa.
 
Kevin2021 said:
Understood. The purpose of filing an I-765 would be to have permission to work while I waited, and to avoid adversely affecting the GC application by being out of status. Is that an option?

Going by some other folk's previous year timelines.. it looks like my AOS package might be officially accepted in October or November. So that's v close to my current visa expiration date. Maybe CP is more appropriate in my case? I would prefer AOS but not if it puts the GC in jeopardy.

Sorry if I'm mis-speaking or confusing items, obviously don't have the same level of expertise on this as you do!
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So that means filing I-765 with AOS package to enable you work while the AOS application is pending, not filing I-765 in order to maintain your status. The I-765 does not extend your status, it simply allows for authorized employment during the process. And of course the I-765 (with the AOS package) cannot be filed prior to your CN becoming current.

I suggest you take a look at the AOS process spreadsheet, look at the AOS vs. CP tab for the pros and cons of each process and make your own decision as to the best process you should go with, I can’t tell you that.
 
Thank you for creating this forum. I just submitted my application... and have realised I was confused when they asked

High School, No Degree
High School, Diploma

Is this something I can fix? Will it disqualify me for an interview?
 
wpogmore1111 said:
Thank you for creating this forum. I just submitted my application... and have realised I was confused when they asked

High School, No Degree
High School, Diploma

Is this something I can fix? Will it disqualify me for an interview?
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Are you processing AOS or CP?
 
If I am on a student Visa and my University (which is public) offers free food once a week for all their students from a Pantry through one of their programs, is this considered Public Assistance? Is an emergency grant for COVID-19 (not from federal funds, but from donations), considered public assistance?

Thanks a lot!
 
kolopoi0 said:
If I am on a student Visa and my University (which is public) offers free food once a week for all their students from a Pantry through one of their programs, is this considered Public Assistance? Is an emergency grant for COVID-19 (not from federal funds, but from donations), considered public assistance?

Thanks a lot!
Click to expand...

No.
 
Sm1smom said:
What do people normally do, outside of not entering the US with a preconceived intent of filing AOS? I don’t know. I can only share what the law says.

She can visit, but certainly can’t live in the US on a visitor’s visa.
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So the Law says that she can't enter the US with a preconceived intent of filing AOS. So could we process her an F2 visa, she could live with me, wait until I get my AOS done, and then would she need to go back to my homecountry to apply for CP there? If for some visas ran out and she doesn't get her HC could she come live with me still on a F2 status?

I just realize that it doesn't make sense that if she would be living with me on a F2 status it would be fraud, as it was already on our plans to start living together this August. It just happen coincidentaly that we won the DV lottery, so that this would actually prevent us from following our original plans of living together is weird, that is why this follow-up question.

Thanks a lot!
 
kolopoi0 said:
I understand thank you very much.

What do people normally do in these cases? We already had plans on she living with me even if she had to apply for an F2 visa. If we are unlucky enough that she doesn't get her GC during the DV lottery process because they run out of visas, will we just have to be separated all the time until they accept my petition of filling her GC as my spouse? She has a B2 visitor's visa at the moment.
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The spouse waits overseas until they can get an immigrant visa. It’s hard, but that’s what they do. You need to be extra careful as an LPR, as immigration violations can lead to bans in a way they do not for spouses of citizens - so be careful what you read out there.
 
kolopoi0 said:
I just realize that it doesn't make sense that if she would be living with me on a F2 status it would be fraud, as it was already on our plans to start living together this August. It just happen coincidentaly that we won the DV lottery, so that this would actually prevent us from following our original plans of living together is weird, that is why this follow-up question.

Thanks a lot!
Click to expand...
Many, many people sponsoring spouses for immigrant visas complain that it’s easier for spouses on non immigrant dependent visas to move to the US to be with their partners. But of course that's becasue immigrant visas are more work for the authorities, with the trade-off being more benefit for you at the end of the day. If being together sooner is more important than a green card, then don’t follow your DV application and do the original F2 plan. If you do actually want to remain in the US after, then focus on the long term prize.
 
wpogmore1111 said:
Thank you for creating this forum. I just submitted my application... and have realised I was confused when they asked

High School, No Degree
High School, Diploma

Is this something I can fix? Will it disqualify me for an interview?
Click to expand...
what do you mean just submitted your application? Your DS260?
 
wpogmore1111 said:
Sorry, yes.. my DS 260 application.
Click to expand...

(Sigh)... this is why we tell people not to rush and be sure everything is correct. No it won’t disqualify you, but you will have to email kCC to unlock it so you can correct it. Follow the directions for contacting them contained in your selection letter. That will probably take a few days for them to do. This time please carefully read everything again to ensure it is all correct before submitting.
 
SusieQQQ said:
(Sigh)... this is why we tell people not to rush and be sure everything is correct. No it won’t disqualify you, but you will have to email kCC to unlock it so you can correct it. Follow the directions for contacting them contained in your selection letter. That will probably take a few days for them to do. This time please carefully read everything again to ensure it is all correct before submitting.
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Thank you. I know, I'm kicking myself for doing so now. I am super disappointed. Thank-you again for your reassurance. I have emailed them.
 
kolopoi0 said:
So the Law says that she can't enter the US with a preconceived intent of filing AOS. So could we process her an F2 visa, she could live with me, wait until I get my AOS done, and then would she need to go back to my homecountry to apply for CP there? If for some visas ran out and she doesn't get her HC could she come live with me still on a F2 status?

I just realize that it doesn't make sense that if she would be living with me on a F2 status it would be fraud, as it was already on our plans to start living together this August. It just happen coincidentaly that we won the DV lottery, so that this would actually prevent us from following our original plans of living together is weird, that is why this follow-up question.

Thanks a lot!
Click to expand...

1a. Yes you can do that if you like.
1b. If you already got your GC, she no longer has a valid F2, so she cannot return and live with you on F2 in that case. Her F2 is dependent on you maintaining your F1.

2. You can follow your original plan of her coming to live with you on F2 while you continue to maintain your F1, there’s no fraud in that. She simply cannot join you in filing for AOS, that is when the fraudulent part comes in.

If living together ASAP is super paramount for you, she can come in on F2 as planned and you both file CP together - that means you’ll both have to return home for your interview at the US embassy. Of course you also have the option of not processing your GC selection and simply remain in F1/F2 since that was your original plan anyway.
 
Thank you for putting all these information together,

I looked in Timeline tab for previous AS cases and rarely see any cases with CN 20,000 +. Does that mean even when CN becomes current around May through July, they do not receive GC due to lack of time? Or maybe we don't have enough AS people reporting these here. (?) I do have a case number AS 25,000+ that's why I have some concerns about running out of quotas and or time when it comes to next year.

I also want to know if unlocking a signed DS-260 through KCC makes it "incomplete", or will it be recorded as a completed DS-260 just under editing.

Thanks in advance.
 
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