DV 2022 AOS (Adjustment of Status) Only

SusieQQQ

Well-Known Member
As long as you have a valid I20 and maintain your student status, it's fine even if the visa is expired. If you leave the country, then you need to renew it to reenter.
This. The key requirement to adjust via DV is to always remain in status. If you switch to H1B to be able to re-enter in status that should be fine, as it is a dual intent visa.
 

SusieQQQ

Well-Known Member

BluePrint

New Member
Hello all, I have a question here. So, I've been selected for DV2022 and I am already in the US with F-1 visa. Also, I recently got married and my partner's status is granted asylum. Moreover, she has applied for her green card more than a year ago but she heard nothing so far from the USCIS. Therefore, we were wondering if we can apply for adjustment of status together through my case! Another thing is we don't really know how it works! since there isn't any information for those kind of situations anywhere. Thank you in advance!
 

SusieQQQ

Well-Known Member
Another thing is we don't really know how it works! since there isn't any information for those kind of situations anywhere. Thank you in advance!
The spreadsheet linked in the first post of this thread is full of the information you need to know about AOS via DV.
 

lcopp13

New Member
Hi!! I won the 2022 DV Lottery (woohoo!) and had a couple of questions. My case number is 2022OC000011xx.

1. If the F1 visa in my passport is expiring on June 30th, but I am starting 1 year of OPT with a valid I-20, can I apply for AOS now? Does it matter if my packet is received after June 30th?
2. I can't find any information anywhere about whether or not I need to put a 2NL into my I-485 application. I don't have one since I didn't file the DS-260 but should receive the DV DOS receipt soonish. Is the 2NL 100% necessary? If so, how do I get one?
3. Can I apply right now if my case number is below the cutoff this month and next month, or do I have to wait until October (the start of the fiscal year)?
4. If I was already going to start my OPT year soon, should I bother filing the I-765 with my I-485?
 

SusieQQQ

Well-Known Member
Hi!! I won the 2022 DV Lottery (woohoo!) and had a couple of questions. My case number is 2022OC000011xx.

1. If the F1 visa in my passport is expiring on June 30th, but I am starting 1 year of OPT with a valid I-20, can I apply for AOS now? Does it matter if my packet is received after June 30th?
2. I can't find any information anywhere about whether or not I need to put a 2NL into my I-485 application. I don't have one since I didn't file the DS-260 but should receive the DV DOS receipt soonish. Is the 2NL 100% necessary? If so, how do I get one?
3. Can I apply right now if my case number is below the cutoff this month and next month, or do I have to wait until October (the start of the fiscal year)?
4. If I was already going to start my OPT year soon, should I bother filing the I-765 with my I-485?
SLOW DOWN. You won DV22. Nothing is current before October 2021 for you (and you personally will only be current months later than that) The current visa bulletin numbers are for DV21. Read the spreadsheet (all the sheets) linked in the first post of this thread, as well as some basics on reading the visa bulletin on britsimonsays website. You have plenty of time to figure it all out.
 

Sm1smom

Super Moderator
Hi!! I won the 2022 DV Lottery (woohoo!) and had a couple of questions. My case number is 2022OC000011xx.

1. If the F1 visa in my passport is expiring on June 30th, but I am starting 1 year of OPT with a valid I-20, can I apply for AOS now? Does it matter if my packet is received after June 30th?
2. I can't find any information anywhere about whether or not I need to put a 2NL into my I-485 application. I don't have one since I didn't file the DS-260 but should receive the DV DOS receipt soonish. Is the 2NL 100% necessary? If so, how do I get one?
3. Can I apply right now if my case number is below the cutoff this month and next month, or do I have to wait until October (the start of the fiscal year)?
4. If I was already going to start my OPT year soon, should I bother filing the I-765 with my I-485?
1. No, you cannot
2. Go through the AOS process spreadsheet
3. See 1 & 2 above
4. See 2 above
 

grafaah

New Member
Good afternoon,

Thank you for the info and taking time to create the spreadsheet and this group. I won the dv 2022 lottery AF34***. I am in valid status on F1 but my husband is in my home country in Africa. I listed him as a derivative. I am confused as to what to do, do I file AOS here and wait till approved before he files his at the consulate in my home country? Will there be enough time for the AOS to be out in time before USCIS informs the consulate abroad before September 2022? I do not want my husband to miss out on this as we have been apart for 2 years now.

Based on previous trends and your expertise, what do you advice I do? Or do file a Ds 260 abroad for both of us? I truly I am confused and with the scanty interviews at US consulates abroad at the moment throws me into more confusion.

Thank you.
 

DV_AOS

New Member
Good afternoon,

Thank you for the info and taking time to create the spreadsheet and this group. I won the dv 2022 lottery AF34***. I am in valid status on F1 but my husband is in my home country in Africa. I listed him as a derivative. I am confused as to what to do, do I file AOS here and wait till approved before he files his at the consulate in my home country? Will there be enough time for the AOS to be out in time before USCIS informs the consulate abroad before September 2022? I do not want my husband to miss out on this as we have been apart for 2 years now.

Based on previous trends and your expertise, what do you advice I do? Or do file a Ds 260 abroad for both of us? I truly I am confused and with the scanty interviews at US consulates abroad at the moment throws me into more confusion.

Thank you.
You can do AOS while staying in US and after you are approved your spouse can do FTJ (Following to Join) which is done by home country embassy
 

Sm1smom

Super Moderator
Good afternoon,

Thank you for the info and taking time to create the spreadsheet and this group. I won the dv 2022 lottery AF34***. I am in valid status on F1 but my husband is in my home country in Africa. I listed him as a derivative. I am confused as to what to do, do I file AOS here and wait till approved before he files his at the consulate in my home country? Will there be enough time for the AOS to be out in time before USCIS informs the consulate abroad before September 2022? I do not want my husband to miss out on this as we have been apart for 2 years now.

Based on previous trends and your expertise, what do you advice I do? Or do file a Ds 260 abroad for both of us? I truly I am confused and with the scanty interviews at US consulates abroad at the moment throws me into more confusion.

Thank you.
This is something you’ll have to decide on your own. You have the option of processing AOS while your husband go through CP as FTJ. You also have the option of processing CP together with your husband.

With the FTJ option, your husband’s process cannot happen until after you have successfully completed AOS and are approved. With CP for both, you’ll need to travel back home and attend the interview together. Weigh the pros and cons for each option based on your personal situation and make your choice. You can find some information about FTJ on the FAQ tab of the AOS process spreadsheet.
 

grafaah

New Member
This is something you’ll have to decide on your own. You have the option of processing AOS while your husband go through CP as FTJ. You also have the option of processing CP together with your husband.

With the FTJ option, your husband’s process cannot happen until after you have successfully completed AOS and are approved. With CP for both, you’ll need to travel back home and attend the interview together. Weigh the pros and cons for each option based on your personal situation and make your choice. You can find some information about FTJ on the FAQ tab of the AOS process spreadsheet.
Thank you so much for your response. I will look at the FTJ on the FAQ tab. Thank you.
 

yann0307

New Member
Hi everyone,
I've been selected for the 2022 DV.
1- My girlfriend and I are working in the US, we both have J1 Visa. Is it possible to get married before sending the application in order for her to get a green card?
2- My J1 has expired since March last year, I didn't renew it because of the difficulties to go to France during Covid and my DS2019 is enough. Should I go back to France to renew my Visa?
Thanks for your help!
 

SusieQQQ

Well-Known Member
Hi everyone,
I've been selected for the 2022 DV.
1- My girlfriend and I are working in the US, we both have J1 Visa. Is it possible to get married before sending the application in order for her to get a green card?
2- My J1 has expired since March last year, I didn't renew it because of the difficulties to go to France during Covid and my DS2019 is enough. Should I go back to France to renew my Visa?
Thanks for your help!
1. Yes. Be prepared to show evidence that the marriage is a bona fide marriage.
2. It is your status (i94 duration plus meeting the conditions of your particular visa status), not the visa expiry that matters.

If either of you have a 2 year home residency requirement you would need a waiver.
 

chtredfire

New Member
Hello everybody,

I and my wife are students in the US on F1 visa. My wife got the DV2022 with DV2022AS18XXX.
We are planning to do the AOS route and going through the spreadsheet and trying to absorb everything.

1. Should we also fill DS 260?
2. Do you have an estimate for AOS timeline through UCIS for DV?
3. Given the higher number, AS18XXXX , We are worried that we will end up not getting processed through UCIS by sept. 2022 and the display of the intent of immigration would hinder our maintenance of F1 status.
How should we proceed?
Should we have the green card at hand before the sep30 deadline to be considered valid? or is getting the interview before sep30 enough?
4.I am aware that we cannot travel while the AOS is in processing. I was wondering if brief abroad travel with F1 NIV before filling the AOS would have any impact on AOS process?

Appreciate all your hard work on getting us the information and guidance
 

DV_AOS

New Member
Hello everybody,

I and my wife are students in the US on F1 visa. My wife got the DV2022 with DV2022AS18XXX.
We are planning to do the AOS route and going through the spreadsheet and trying to absorb everything.

1. Should we also fill DS 260?
2. Do you have an estimate for AOS timeline through UCIS for DV?
3. Given the higher number, AS18XXXX , We are worried that we will end up not getting processed through UCIS by sept. 2022 and the display of the intent of immigration would hinder our maintenance of F1 status.
How should we proceed?
Should we have the green card at hand before the sep30 deadline to be considered valid? or is getting the interview before sep30 enough?
4.I am aware that we cannot travel while the AOS is in processing. I was wondering if brief abroad travel with F1 NIV before filling the AOS would have any impact on AOS process?

Appreciate all your hard work on getting us the information and guidance
1. DS 260 is not required for AOS but you can fill it in case you change your mind to switch to CP later. (But remember filing DS 260 is showing the immigrant intension, so fill it when you are surely know that your number will become current)
2 Timeline depends on the Field office you are belong to. Due to covid situation comparing previous timelines might not give you a full picture.
3. If you didn't get GC by 30th Sep 2022, you will fall back to F1 status (as long as you maintain it), but future nonimmigrant visa might get hindered.
your case must approved on or before 30th Sep 2022, but GC may receive after that.
4. Brief travelling before the filing AOS package is fine, but I would recommend not to file it as soon as you come back. You should wait at least 90 days.
 

Sm1smom

Super Moderator
Hello everybody,

I and my wife are students in the US on F1 visa. My wife got the DV2022 with DV2022AS18XXX.
We are planning to do the AOS route and going through the spreadsheet and trying to absorb everything.

1. Should we also fill DS 260?
2. Do you have an estimate for AOS timeline through UCIS for DV?
3. Given the higher number, AS18XXXX , We are worried that we will end up not getting processed through UCIS by sept. 2022 and the display of the intent of immigration would hinder our maintenance of F1 status.
How should we proceed?
Should we have the green card at hand before the sep30 deadline to be considered valid? or is getting the interview before sep30 enough?
4.I am aware that we cannot travel while the AOS is in processing. I was wondering if brief abroad travel with F1 NIV before filling the AOS would have any impact on AOS process?

Appreciate all your hard work on getting us the information and guidance
1. DS260 is not required for AOS, but it is recommended. You can decide on if you wish to submit it or not. If you do decide to submit, I’ll caution against doing so now for someone with a high CN as it demonstrates an immigrant intent which may be difficult to overcome should you need to apply for a new NIV in the future.
2. Take a look at the past DV timelines (links to those are on the AOS process spreadsheet) to get an idea of the potential timeline for your applicable FO. Also bear in mind individual timeline may differ depending on individual circumstances.
3. Failure to get approved by the end of the FY does not hinder non immigrant status maintenance if you’ve not used an AOS based EAD or AP card while waiting on AOS approval. It however may prevent you from being issued with a NIV in the future like I explained in 1 above.
4. No impact on AOS filing in this case especially if you already submitted your DS260 and already indicated you’ll be filing AOS prior to traveling. And you can file as soon as you return, as a matter of fact. But bear in mind, admission or re-admission to the US is only guaranteed for a USC, CBP has the discretion on admitting people into the US. So unless the trip is urgent, if it is close to when you’re likely to file, I’ll recommend against making the trip.
 

Sm1smom

Super Moderator
Hello please will KCC unlock getting started page to do changes on interview location ? If I have not submitted my case ?
Adding to my previous response, here's what a forum member in a similar situation described doing in order to change the interview location page on the DS260 form prior to it being submitted:

After completing all the steps in DS260 and prior to hitting the submit button -
Select Review - -> Location. From there change your previous selection from your home location to Yes, send my case to USCIS, then save the form. After saving it, the getting started page refreshes and reflects the new change you just made.
 

Chip22

New Member
Hello everyone, I am absolutely amazed by the usefulness of this forum. A special thank you to @Sm1smom for the incredibly valuable spreadsheet and all the support.

I've been selected in the DV2022 lottery (CN 2022EU14xxx) and I'm currently in the US on an E-2 NIV with an I-94 valid until April 2023. I'm trying to better understand if travel before filing the AOS will still be possible. So far I've learned that an AOS case should not be filed within 90 days after entering the US to avoid the assumption of fraud and that (the optional first step) filing the DS-260 shows immigrant intend.

I do have travel plans for 2021 for both business and personal reasons (given the Schengen ban will eventually be lifted).
Will I still be able to "safely" go the AOS route if I leave the US knowing that I won the DV lottery but before submitting the DS-260 form? My plan would be to reenter the US in November 2021 for the last time, wait 90 days, and then start the process with the DS260. Based on previous years' VBs, I would assume my CN becomes current sometime between March and May. Am I missing something or does that sound like a viable plan?

Obviously, I want to maximize my chances to actually receive the green card, so based on all the problems for DV2020 and DV2021 winners in the CP route, I would prefer to go the AOS route. Thank you for your support
 
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