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DV 2021 AOS Only

Sm1smom said:
Disaster relief programs do not fall under public charge. I actually just added a new tab to the AOS process spreadsheet with information on public benefits which falls under the public charge rule, and vice versa. I recommend you take a look at that tab.
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Thank you very much! Actually I read the USCIS page and it is pretty obvious. But as I said you are the expert, I wanted to have some kind of confirmation, I guess.
 
Xenobia said:
Some more questions! This time with some explanations.
  • I am currently on F1 visa and working on OPT in the US which will expire in Feb 2021, 60 days of grace period takes me up to April 17. My daughter is with me(F2), but my husband has tourist visa.
  • My case number is 2021EU00026XXX.
  • I’ve already submitted DS260s
Questions:

Obviously my CN won’t become current soon. To stay in a valid status at the time of filing AOS, I decided to apply to another education institution which is a community college.
  1. Will I-20 transfer have any negative impact on my AOS application? I see in spreadsheet other people did this. So I guess no problem!
  2. PhD to AA degree at a community college is not something you see every day. This was the cheapest option. I believe it is better to keep some money aside for the GK application. Do you think this can create any problems? (DHS proposed rule dated Sept 25, dropping educational degree is allowed only once, but I'm sure they didn't think of the kind of drop I did )
  3. Can I get a dependent visa for my husband so that he can come to the U.S. and we can apply for AOS togehter?
  4. If the answer to Q3 is no, what are my other options? Is it possible that he can go with CP separate from me and my daughter while we are applying for AOS?
  5. When do I pay the lottery fee?
  6. I have diplomas for PhD and MBA (in the U.S.) and BS diploma abroad. Do I still need to submit my high school diploma?
  7. Looks like my CN will become (hopefully) current in summer. Can my husband come to visit us for Christmas with his tourist visa and go back?
Thank you very much for your support.
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1. You are expected to be in a valid status in order to be AOS eligible - how you remain in a valid status is something you will have to figure out on your own - I don't provide guidance on that.
2. See response 1 above.
3. No, you can't do that. Entering the US on a NIV with a preconceived intent of filing AOS is frowned upon - it is considered a fraudulent use of the NIV.
4. Depending on your CN and when it becomes current, you may be able to file AOS, while your spouse processes FTJ (follow to join). Alternatively, you all file CP.
5. You need to go through the AOS Process Spreadsheet first. Get a better understanding of a DV based AOS process before trying to figure out when to make the DV payment, especially in view of the potential complications you have.
6. It is recommended.
7. He may. Admission or re-admission to the US is never guaranteed to a non USC, it is always at the discretion of CBP.
 
Sm1smom said:
1. You are expected to be in a valid status in order to be AOS eligible - how you remain in a valid status is something you will have to figure out on your own - I don't provide guidance on that.
2. See response 1 above.
3. No, you can't do that. Entering the US on a NIV with a preconceived intent of filing AOS is frowned upon - it is considered a fraudulent use of the NIV.
4. Depending on your CN and when it becomes current, you may be able to file AOS, while your spouse processes FTJ (follow to join). Alternatively, you all file CP.
5. You need to go through the AOS Process Spreadsheet first. Get a better understanding of a DV based AOS process before trying to figure out when to make the DV payment, especially in view of the potential complications you have.
6. It is recommended.
7. He may. Admission or re-admission to the US is never guaranteed to a non USC, it is always at the discretion of CBP.
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Thank you very much for your detailed explanations. I read the spreadsheet. I think AOS vs CP decision should be taken after the elections.
1. I’m guessing FTJ should be done in the same FY, right?
2. Since there is still time, is it possible to wait and see how the VB goes and then make changes on DS260?
3. How do I express my intend on FTJ in DS260 or anywhere else?
Thanks
 
Xenobia said:
Thank you very much for your detailed explanations. I read the spreadsheet. I think AOS vs CP decision should be taken after the elections.
1. I’m guessing FTJ should be done in the same FY, right?
2. Since there is still time, is it possible to wait and see how the VB goes and then make changes on DS260?
3. How do I express my intend on FTJ in DS260 or anywhere else?
Thanks
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Curious as to why you think the elections will make a difference? Being in or out of status is not going to change according to who the president is?
 
SusieQQQ said:
Curious as to why you think the elections will make a difference? Being in or out of status is not going to change according to who the president is?
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Continuing bans won’t have huge impact on AOS but I can’t say the same for CP. In that case, I have to do everything in my power to stay in the status. Even now new proposals and rule changes on F1 status and H1B (and increased burden on USCIS) have the potential to mess up especially my plans on AOS.
 
Xenobia said:
Thank you very much for your detailed explanations. I read the spreadsheet. I think AOS vs CP decision should be taken after the elections.
1. I’m guessing FTJ should be done in the same FY, right?
2. Since there is still time, is it possible to wait and see how the VB goes and then make changes on DS260?
3. How do I express my intend on FTJ in DS260 or anywhere else?
Thanks
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1. Yes
2. Yes
3. The section on the DS260 where you indicate if a derivative is migrating with you or at a later date.
 
Sm1smom said:
1. Yes
2. Yes
3. The section on the DS260 where you indicate if a derivative is migrating with you or at a later date.
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3. Am I still paying the fee for my husband and also submitting his ds260?
And his documentation and interview will be done like CP?
Actually, where can I find detailed info about FTJ specifically on DV? Sorry I haven’t searched this option before. If you give me a head start I can do the rest.
 
Xenobia said:
3. Am I still paying the fee for my husband and also submitting his ds260?
And his documentation and interview will be done like CP?
Actually, where can I find detailed info about FTJ specifically on DV? Sorry I haven’t searched this option before. If you give me a head start I can do the rest.
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No, to DV payment - he does that when he goes to the embassy for his interview. Yes to the DS260 submission.

Your spouse’s FTJ can only start after you have been approved. Your FO will need to forward your case file (after the approval) to the embassy with jurisdiction over your spouse’s address. You may or not be required to submit an I-824, I usually recommend filling it out in advance and trying to submit it to the IO if he/she says you’re approved at the end of your interview. You will need to speak up and let them know your spouse is processing FTJ, you can’t assume they already know.

Travel.State.Gov - Section under Can my spouse and children still apply under the Diversity Visa program?

9FAM 502.6 - Section under Following-to-Join Applicants.

FTJ Narrative from the DV2020 AOS Thread
 
gg96 said:
I received my receipt my mail today so you should keep an eye on your mail box they don’t always send it by email I guess.
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Do you know how long it took for you to get the receipt? It's been 3 weeks now I haven't gotten anything (2NL nor DOS receipt..) I'm worried that maybe I forgot to do something important in the process
 
Hi Mom, I have a few question.

I am married after the entry. I am currently a F1 in the US planning to apply for AOS and my wife will do FTJ via CP.

1. My wife is from non-qualifying country. I saw on the website that "A spouse or child born in a country that is not among those for which DVs are available (a non-qualifying country) may use the principal entrant’s chargeability when he or she is accompanying or following-to-join". Will her CP interview in her home country or my country (where she claims chargeability)?
2. In terms of timeline, we will both submit DS-260. Then she can submit all documents to kcc for processing while I wait for my rank number to be ready to submit my I-485. Is that correct?
 
omgastro said:
Hi Mom, I have a few question.

I am married after the entry. I am currently a F1 in the US planning to apply for AOS and my wife will do FTJ via CP.

1. My wife is from non-qualifying country. I saw on the website that "A spouse or child born in a country that is not among those for which DVs are available (a non-qualifying country) may use the principal entrant’s chargeability when he or she is accompanying or following-to-join". Will her CP interview in her home country or my country (where she claims chargeability)?
2. In terms of timeline, we will both submit DS-260. Then she can submit all documents to kcc for processing while I wait for my rank number to be ready to submit my I-485. Is that correct?
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1. A little bit of clarification here: This statement "A spouse or child born in a country that is not among those for which DVs are available (a non-qualifying country) may use the principal entrant’s chargeability when he or she is accompanying or following-to-join" has nothing to do with your wife as your derivative. This is about cross chargeability during the eDV registration period for a married person from an ineligible country to be able to submit an individual entry by cross charging to spouse's eligible country. Now to answer your question, your spouse gets to interview where ever she lives, regardless of if the country is DV eligible or not.

2. Yes.
 
jewelmerit1995 said:
Do you know how long it took for you to get the receipt? It's been 3 weeks now I haven't gotten anything (2NL nor DOS receipt..) I'm worried that maybe I forgot to do something important in the process
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3 weeks. You should get it soon, USPS is working really slow nowadays because of the voting traffic I guess. I didn't get my 2NL either.
 
Hello,
I studied in China before. I was in Guaugzhou for 2 years and nanjing for 2 years. I was able to get the police certificate from nanjing but the guangzhou is nearly imposible. If I cannot get the police certificate from Guangzhou what I can do since I cannot provide it? Would they denny my application because of that?
 
Wow_277 said:
Hello,
I studied in China before. I was in Guaugzhou for 2 years and nanjing for 2 years. I was able to get the police certificate from nanjing but the guangzhou is nearly imposible. If I cannot get the police certificate from Guangzhou what I can do since I cannot provide it? Would they denny my application because of that?
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the only exception the reciprocity page lists is for diplomats:
Exceptions: Police records are not available for those who were in China in diplomatic status including those working for international organizations, such as the United Nations.

Have you followed the instructions here? It says you need to apply via the notary public?
https://travel.state.gov/content/tr...ity-and-Civil-Documents-by-Country/China.html
 
Wow_277 said:
Hello,
I studied in China before. I was in Guaugzhou for 2 years and nanjing for 2 years. I was able to get the police certificate from nanjing but the guangzhou is nearly imposible. If I cannot get the police certificate from Guangzhou what I can do since I cannot provide it? Would they denny my application because of that?
Click to expand...
Wait, are you doing AoS?
 
Wow_277 said:
Hello,
I studied in China before. I was in Guaugzhou for 2 years and nanjing for 2 years. I was able to get the police certificate from nanjing but the guangzhou is nearly imposible. If I cannot get the police certificate from Guangzhou what I can do since I cannot provide it? Would they denny my application because of that?
Click to expand...

PCC is not required for AOS.
 
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