Your story looks like mine, doing PhD, living in NY, except my CN is EU18xxx. Where would be your field office?
DV 2021 AOS Only
- Thread starter Sm1smom
- Start date
Your story looks like mine, doing PhD, living in NY, except my CN is EU18xxx. Where would be your field office?
Hi there good luck! Currently my case is at KCC because I went with CP initially thinking that it would be faster there. I might have to change to AOS though considering the ban. It would be Syracuse. How about you?
Okay, we have another commonality.
My FO will also be Syracuse. Are you a BU student or Syracuse? Are you Turkish by the way?Helllo Milz,
Thanks for sharing your experience! Could you share what method did you use to send the money order? (e.g., USPS express mail). On the self-addressed stamped envelope, how many stamps did you put on?
Thanks!
I just used USPS priority mail for sending the money order + self addressed envelope. The USPS agent took care of the stamped envelope (I believe it had already 1 stamp on!)
Just let him/her know what you want to do and they'll take care of it. no worries.
I am sorry, but I am not clear about this. Does that mean if she comes to US before the processing of our DV lottery case, she won't be able to adjust her status? (For example, let's say she come here around March and my case number has not been current and have not fill up the DS-260.)
Sm1smom
Super Moderator
She cannot enter the US on a NIV with a preconceived intent of filing AOS regardless of if you’ve submitted your DS260 or not. Doing so is considered a fraudulent misuse of a NIV. Will she be upfront and inform the CO at the F2 interview she intends to file AOS with her husband when she gets to the US, or will she declare this intent at the POE when seeking admission into the US? If you can answer “Yes” to these questions, then she may be eligible to file AOS with you.
SusieQQQ
Well-Known Member
Does she already have her F2 visa? If not are you saying she is going to lie at her visa interview? is she going to lie about her intent to CBP on entry?
They will certainly check the records of both visa interview and entry with such a quick move from supposed “non immigrant intent” to applying for an immigrant benefit. I have seen reports of such being picked up at AOS interview and the applicant denied and barred for misrepresentation (and that was even when the spouse was a citizen, which offers protections not available to others). Deliberately misrepresenting intent is a bad, bad move immigration wise. It can lead to a bar on entry.
Thank you Mom and SusieQQQ!
The thing is we were planning to apply for the F2 visa after I finished my studies and started the new job. At that time we did not even know that I would win the DV lottery. The motivation was not changing the visa status but I needed her to be here with me. If she is not eligible I am totally fine with it. I just need to find whether it was a possibility.
No I just finished my studies and got a job and about to start in January. I was hoping to apply F2 visa for her. If we do not use AOS for her and only proceed with my application after she come here to US, will that still be a problem?
SusieQQQ
Well-Known Member
It could be, immigrant intent could still see her being denied. The embassy should see that you have been selected in DV when they interview her for a visa. Remember for non immigrant visas, by law there is an assumption of immigrant intent and it is up to the applicant to prove they will return home. I am a little confused by the timeline and reasoning. Is your home country embassy even doing F2 visas now? Why does it make sense for you to only proceed with your application rather than her get an immigrant visa so she can join you permanently? By the way if you AOS and she doesn’t, she has to leave anyway as she cannot be F2 if you are no longer F1, the dependent status is only valid as long as the underlying principal status is.
Hello wanted to see if some one could advise on the below -
I was picked for DV 2021 , while my wife was out of USA ( completed her degree (f1) and went back home for a break(opt completed). She is an european citizen and can enter USA without visa using ESTA for 3 months stay. Now during this time corona happend and all borders closed she could not enter USA using ESTA or was not able to apply for h2 due to embassy closure ; so I did AOS for me since am on h1 and planned on doing FTJ for her since we did not have a timeline as to when borders will open or we did not know when embassies will resume h2 visas. I already filed my application with USCIS and also did the ds260 for both. Now my question is, if the borders open will she have a issue getting h2( dependent visa) or have an issue with ESTA to come visit me since we have GC in process?
I was picked for DV 2021 , while my wife was out of USA ( completed her degree (f1) and went back home for a break(opt completed). She is an european citizen and can enter USA without visa using ESTA for 3 months stay. Now during this time corona happend and all borders closed she could not enter USA using ESTA or was not able to apply for h2 due to embassy closure ; so I did AOS for me since am on h1 and planned on doing FTJ for her since we did not have a timeline as to when borders will open or we did not know when embassies will resume h2 visas. I already filed my application with USCIS and also did the ds260 for both. Now my question is, if the borders open will she have a issue getting h2( dependent visa) or have an issue with ESTA to come visit me since we have GC in process?
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Sm1smom
Super Moderator
Of course she can be in the US on a F2 as your derivative for as long as you’re in F1 status (assuming she gets the visa of course). She however will not be eligible to process AOS with you after she enters the US on that NIV in this case. She will therefore need to immediately depart from the US once you’re no longer in F1 status yourself. It doesn’t matter what the plan was prior to your DV selection, the fact that she’s currently outside the US and contemplating filing AOS when your CN becomes current makes her ineligible to file AOS. AOS option is for people who already based in the US when the decision to file for a GC was made.
Sm1smom
Super Moderator
1. The CO may be able to see you’re presently processing AOS, in that case her H4 (not H2 if she’s applying as your H1B derivative) will most likely not be approved.
2. Same as above, if the IO at the POE is able to determine you’re currently processing AOS, she may denied admission into the US as they may assume she’s trying to come in and file AOS with you.
SusieQQQ
Well-Known Member
Note she cannot do AOS if she enters on an ESTA. It is contrary to immigration law (with an exception made for immediate relatives of USCs, which she does not fall under). She can visit you of course if she returns before 90 days.
Sorry typo it shud be H4
on your second point did you mean her ESTA will be denied due to GC process? .... because with a ESTA you cannot do AOS
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yes thats the plan until DV gets sorted out to come through ESTA to visit me
Sm1smom
Super Moderator
No, I do not mean her ESTA application will be denied. Yes I know she cannot AOS from ESTA, the IO at the POE however may not be aware of that fine detail (as in not being able to AOS from ESTA) and subsequently deny admission at the POE on the basis of the spouse she’s visiting is processing AOS. There’s only one way to find out though, right?
SusieQQQ
Well-Known Member
I assume she is not from a Covid-banned country?
sweden - all schengen countries are banned currently - hoping itll be lifted soon !