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DV 2021 AOS Only

Are you going through AOS or CP? That’s usually the first decision prior to submitting the DS260 form.
I want going through AOS. After feeling the DS-260, I got this
 

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Hello,

Thank you very much for your great service!

My wife has won dv 2021 visa lottery with the relatively low number 2021******15**, she holds J2 visa, I hold J1 visa. We would like to proceed with AOS.

Situation: we are currently moving from one apartment (say, A) to another (say, B) within the same city (I checked both addresses are served by the same FO). We have not started the application process yet, we are in the process of filling out of DS-260.

Question: what would you suggest, option 1 or option 2:
option 1) to apply DS-260 on June 12, 2020 and use our old/actual current address (apartment A) as a current address and then to update the address on July 26th (when we will move) with USCIS (USCIS online account or using AR11). Set mailing address as address B and the address where we want the GC to be sent to address B too.
option 2) to move earlier to our new apartment, say on June 15 2020, and then to set it as our current address, mailing address and the address where we want the GC to be sent, in this case we do not need to update the address with USCIS as I understand (am I right, since we have not started application yet?). The downside is that we will have to pay a double rent for June and July.

I hope the answer to this question could be useful not only for me.

Thank you very much for your great forum!
 
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Hello, I have a few questions from Form I-485 (I am going over it to understand if I can fill it myself)

1. What is A-number? (Is it the number you get after filling DS-260?)

2. Part 1, Question 23.b Expiration Date of Authorized Stay shown on Form I-94
I have entered U.S. on F-1 visa and in my I-94 it says D/S for expiration date. Should I use the expiry date of my I-20 or visa (these 2 are different in my case)?

3. Part 1, Question 23.c Status on form I-94
Should I simply write class of admission? It does not let me write F1 (only letters and spaces)

4. Part 2, Questions 12 and 13 Receipt number of the underlying petition (if any)
What is underlying petition? Do I have any in case of winning DV lottery?

Thank you
 
Firstly thank you for this thread and the wonderful spreadsheet. We are looking to to file though AOS however have a quick question regarding the visa ability for this. My husband currently holds a I-Visa (Journalist) and I am here on I-Visa spousal visa and the one that was selected though the DV lottery. Can you tell me if we are able to apply for the AOS on the I-Visa status and do you know if this has been successful in the past? We are currently in the USA at the moment and plan to be here though the process. Originally from AU and not looking to do 14-day quarantine in hotels traveling back and forth (due to COVID-19). Any advice would be much appreciated as cant find any links regarding the I-Visa's.
 
Hello,

Thank you very much for your great service!

My wife has won dv 2021 visa lottery with the relatively low number 2021******15**, she holds J2 visa, I hold J1 visa. We would like to proceed with AOS.

Situation: we are currently moving from one apartment (say, A) to another (say, B) within the same city (I checked both addresses are served by the same FO). We have not started the application process yet, we are in the process of filling out of DS-260.

Question: what would you suggest, option 1 or option 2:
option 1) to apply DS-260 on June 12, 2020 and use our old/actual current address (apartment A) as a current address and then to update the address on July 26th (when we will move) with USCIS (USCIS online account or using AR11). Set mailing address as address B and the address where we want the GC to be sent to address B too.
option 2) to move earlier to our new apartment, say on June 15 2020, and then to set it as our current address, mailing address and the address where we want the GC to be sent, in this case we do not need to update the address with USCIS as I understand (am I right, since we have not started application yet?). The downside is that we will have to pay a double rent for June and July.

I hope the answer to this question could be useful not only for me.

Thank you very much for your great forum!

1. Your CN is useless as posted without the region, (as in AF, OC, AS, SA) - it doesn’t tell us anything.

2. Whatever address you list on the DS260 form has no impact on the AOS process. The address listed on your I-485 and the rest of the documents in your AOS package is what matters. Since you can’t file AOS before July or even August anyways, regardless of how low your CN may be, you can complete your move as planned before submitting the DS260 if you like.

Regardless of when you submit your form, you’re obviously aware of the USCIS requirements to file a change of address within 10 days whenever you move. This has nothing to do with filing.
 
Hello, I have a few questions from Form I-485 (I am going over it to understand if I can fill it myself)

1. What is A-number? (Is it the number you get after filling DS-260?)

2. Part 1, Question 23.b Expiration Date of Authorized Stay shown on Form I-94
I have entered U.S. on F-1 visa and in my I-94 it says D/S for expiration date. Should I use the expiry date of my I-20 or visa (these 2 are different in my case)?

3. Part 1, Question 23.c Status on form I-94
Should I simply write class of admission? It does not let me write F1 (only letters and spaces)

4. Part 2, Questions 12 and 13 Receipt number of the underlying petition (if any)
What is underlying petition? Do I have any in case of winning DV lottery?

Thank you

1. No, that is not the #A. Only those who have ever applied for some form of immigration benefit from USCIS will have an #A, so leave it blank.
2. No, don’t use the date on the I20. Your expiration authorized stay date is D/S (Duration of Stay). You can either download and hand write D/S or disable JavaScript on the form and type in D/S
To disable JavaScript, go to Edit - Preferences - JavaScript - Uncheck JavaScript box​
3. You can write F1, you can also can STUDENT if you like.
4. You don’t. Section is not DV applicable, DV cases have no underlying petitions.
 
No this is a new lawyer, I heard good things about him. How do I know if my lawyer is good and not trying to rip me off?

Tell us again why you want a lawyer? If something makes you ineligible, the lawyer can’t change the law. If there is no immigration complication in your case, you don’t need a lawyer.
 
Hello,

Thanks a lot for this forum and the AOS Process spreadsheet. I'm just sad to discover it just now...

I'm on a E-2 visa (spouse of an E-2) with an EAD. Our visa is valid until June 2024 and my current EAD is valid until end of July 2021. My wife was accepted in the DV 2021 lottery with a EU37*** (so not a low number...). I just discovered this thread, the spreadsheet and Britsimon's blog after we submitted our DS-260 (following what is written in the selection letter).

My questions:
- What is the risk for us of having submitted a DS-260 and going to Europe to visit our family before our CN becomes current? Not being able to re-enter the US because we filed for a AOS?
- While the FY is not over (we have time for that), may it have an impact on my EAD renewal next year? (I'll submit the renewal request end 2020/early 2021)
- If by the end of 2021 FY our file is not approved, would we be able to renew our E-2 visa and/or my EAD afterwards?

Thanks a lot for your help and the time you spend answering our questions!
 
No this is a new lawyer, I heard good things about him. How do I know if my lawyer is good and not trying to rip me off?

I don’t know. This is a DIY forum, 90 to 95% of the folks being supported here are those willing to go through the process on their own.
 
Tell us again why you want a lawyer? If something makes you ineligible, the lawyer can’t change the law. If there is no immigration complication in your case, you don’t need a lawyer.

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.
 
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.

If the IO decides to deny your case due to your use of an old photo, there’s absolutely nothing ANY lawyer, no matter how highly experienced, can do to prevent or overturn the decision. Absolutely nothing!
 
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.
And as i said already - lawyers can't magically change an ineligibility. You've already been told that we have heard of no-one for whom this has been raised as an issue. If however the interviewing officer decides it is, a lawyer cannot do anything about that, because it is clearly stated in the rules as disqualifying. So I still don't see how using a lawyer does anything to your case other than make it cost more, but of course it's your decision.

And i don't really like to say this but if you come back in the future and complain that the lawyer actually hurt your case because he doesn't understand DV - and that IS something we have seen reported a number of times - there's probably not going to be much anyone here can do about it at that stage. You really are not going to get a lawyer who knows more than the spreadsheet. (In fact I think the one time we even had one trying to download it to use for a client's case he was charging for!)

And thats my last contribution on this, because like mom i really don't enjoy saying the same thing again (even in different ways). I think my view on using a lawyer is clear, but it's your case, your money, your choice.
 
1. Your CN is useless as posted without the region, (as in AF, OC, AS, SA) - it doesn’t tell us anything.

2. Whatever address you list on the DS260 form has no impact on the AOS process. The address listed on your I-485 and the rest of the documents in your AOS package is what matters. Since you can’t file AOS before July or even August anyways, regardless of how low your CN may be, you can complete your move as planned before submitting the DS260 if you like.

Regardless of when you submit your form, you’re obviously aware of the USCIS requirements to file a change of address within 10 days whenever you move. This has nothing to do with filing.

Hi Mom,

Thank you very much for your explanations!

I am sorry for making the CN not informative, here it is: 2021AS****15**.

Just to make sure I understood all correctly. Since the addresses that we will put on DS260 will not affect the AOS process, as you explained, then we can submit DS216 on June 12-15, 2020 (before we move) using my current/old address (address A) as my current address, the new address (address B) as my mailing address, and the new address (address B) as the address where I would like my GC to be sent. Then, after we move on July 26 2020, we can start AOS process (once we receive 2NL and check our number on the visa bulletin webpage) by paying the DV fee and, later, sending i-485 with supporting documents, and in i-485, we will put the new address (address B) as my current and mailing addresses. Did I understand you correctly?

Small additional question. Usually whenever I move to new place, I update information on my university registrar's page (I am an international student) and they, I assume, report the change to the USCIS. I can check that tomorrow with my university. If it's the way it is usually done, should I just update my new address on my university's registrar webpage, or should I, this time, IN ADDITION update my new address directly with USCIS (USCIS online account or using AR11)?

Thank you VERY much!!!
 
Firstly thank you for this thread and the wonderful spreadsheet. We are looking to to file though AOS however have a quick question regarding the visa ability for this. My husband currently holds a I-Visa (Journalist) and I am here on I-Visa spousal visa and the one that was selected though the DV lottery. Can you tell me if we are able to apply for the AOS on the I-Visa status and do you know if this has been successful in the past? We are currently in the USA at the moment and plan to be here though the process. Originally from AU and not looking to do 14-day quarantine in hotels traveling back and forth (due to COVID-19). Any advice would be much appreciated as cant find any links regarding the I-Visa's.

AFAIK, “I“ visa status is not barred for applying for AOS. In order to do that definitely can’t be traveling back and forth, even without COVID-19 being in the equation. I’m assuming your I-94 expiration is D/S. You may want to do a consultation with an experienced immigration attorney to confirm you guys are indeed eligible to file AOS. Once you’ve confirmed that, return to the forum and use the AOS process spreadsheet, you don’t need to retain a lawyer for the process.
 
Hello,

Thanks a lot for this forum and the AOS Process spreadsheet. I'm just sad to discover it just now...

I'm on a E-2 visa (spouse of an E-2) with an EAD. Our visa is valid until June 2024 and my current EAD is valid until end of July 2021. My wife was accepted in the DV 2021 lottery with a EU37*** (so not a low number...). I just discovered this thread, the spreadsheet and Britsimon's blog after we submitted our DS-260 (following what is written in the selection letter).

My questions:
- What is the risk for us of having submitted a DS-260 and going to Europe to visit our family before our CN becomes current? Not being able to re-enter the US because we filed for a AOS?
- While the FY is not over (we have time for that), may it have an impact on my EAD renewal next year? (I'll submit the renewal request end 2020/early 2021)
- If by the end of 2021 FY our file is not approved, would we be able to renew our E-2 visa and/or my EAD afterwards?

Thanks a lot for your help and the time you spend answering our questions!

1. Submitting the DS260 form is not the same as filing AOS, you haven’t filed for AOS at this point. It is however a demonstration of an immigrant intent which is not permitted on NIV, such as E, unless the NIV is a dual intent visa. That on its own is unlikely to cause an admission or re-admission denial, it however may play a role in that decision being arrived at. Admittedly I haven’t read or heard of an admission or re-admission denial dual to DS260 submission.
2. It shouldn’t.
3. A pending AOS application most likely will cause a visa denial. This however shouldn’t be a source of concern for you if your current visa is valid till 2024.
 
And as i said already - lawyers can't magically change an ineligibility. You've already been told that we have heard of no-one for whom this has been raised as an issue. If however the interviewing officer decides it is, a lawyer cannot do anything about that, because it is clearly stated in the rules as disqualifying. So I still don't see how using a lawyer does anything to your case other than make it cost more, but of course it's your decision.

And i don't really like to say this but if you come back in the future and complain that the lawyer actually hurt your case because he doesn't understand DV - and that IS something we have seen reported a number of times - there's probably not going to be much anyone here can do about it at that stage. You really are not going to get a lawyer who knows more than the spreadsheet. (In fact I think the one time we even had one trying to download it to use for a client's case he was charging for!)

And thats my last contribution on this, because like mom i really don't enjoy saying the same thing again (even in different ways). I think my view on using a lawyer is clear, but it's your case, your money, your choice.

Thanks for your detailed answer. The reason why I'm going for a lawyer is because I want to make sure that my status will remain active while going through the DV process, in case I get denied for my DV I won't be deported or have my F-1 revoked. Further, both my F-1 visa and passport expire in November so I wanted to tell me if I should renew my visa first then apply for my DS260 or not...

But I just got a message from another lawyer (she's a good friend of mine) one of the best in Los Angeles, she told me that they may just ask for an updated photo.
 
Hi Mom,

Thank you very much for your explanations!

I am sorry for making the CN not informative, here it is: 2021AS****15**.

Just to make sure I understood all correctly. Since the addresses that we will put on DS260 will not affect the AOS process, as you explained, then we can submit DS216 on June 12-15, 2020 (before we move) using my current/old address (address A) as my current address, the new address (address B) as my mailing address, and the new address (address B) as the address where I would like my GC to be sent. Then, after we move on July 26 2020, we can start AOS process (once we receive 2NL and check our number on the visa bulletin webpage) by paying the DV fee and, later, sending i-485 with supporting documents, and in i-485, we will put the new address (address B) as my current and mailing addresses. Did I understand you correctly?

Small additional question. Usually whenever I move to new place, I update information on my university registrar's page (I am an international student) and they, I assume, report the change to the USCIS. I can check that tomorrow with my university. If it's the way it is usually done, should I just update my new address on my university's registrar webpage, or should I, this time, IN ADDITION update my new address directly with USCIS (USCIS online account or using AR11)?

Thank you VERY much!!!

I honestly don’t have the patience to go through the long post you’ve written above, considering I already provided a clear course of approach. I basically stated to wait until after your move before submitting any form! Simple. You’re not gaining any advantage by rushing ahead with the form while getting yourself all twisted up in the process of doing so. I already stated you have time, you can’t file AOS before August at the earliest anyways, just take a deep breath and slow dow!
 
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