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DV 2023 AOS (Adjustment of Status) Only

SusieQQQ said:
You can do either (assuming no time constraints with an H4 visa interview, that’s something you’d need to check at your embassy). Other than that decide which would work best for you. Make sure to read the notes on FTJ in the spreadsheet. Whichever route you choose, be prepared to show evidence of a genuine relationship as marriage after selection always raises scrutiny for a potential “green card marriage “.
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Thanks! That was really helpful
 
Rise__Above said:
Thank you! all for your quick response

SusieQQQ & sm1smom:
I'm not clear about the process. Should I apply for H-4 for my spouse? so we both be present at the interview (in the U.S.).
or do the follow to join? Any advice on this is much appreciated.

Thanks!
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Considering pertinent information such as your CN, when you plan on getting married, your potential US embassy should you process CP, potential FO should you process AOS, etc have not been shared, I cannot hazard a guess as to which process may or may not be good for your case/situation.
 
Sm1smom said:
Considering pertinent information such as your CN, when you plan on getting married, your potential US embassy should you process CP, potential FO should you process AOS, etc have not been shared, I cannot hazard a guess as to which process may or may not be good for your case/situation.
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My CN is AF27*** from Libya. I believe it will become current March--to--May. The U.S. embassy in Tunisia is the embassy that issues visas to Libyan nationals. I'm planning to get married in January 2023. I'm going with the AOS option.
 
Rise__Above said:
My CN is AF27*** from Libya. I believe it will become current March--to--May. The U.S. embassy in Tunisia is the embassy that issues visas to Libyan nationals. I'm planning to get married in January 2023. I'm going with the AOS option.
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You’re not giving yourselves a lot of wiggle room IMO if you’re waiting until January to get married. So that being the case, I think your best bet would be if your spouse is able to obtain a derivative H-4 visa shortly after your marriage which enables them to join you in the US and file for AOS as soon as your CN becomes current. I doubt they will be able to process FTJ in a timely manner should you go that route.
 
Do you think I am eligible for AOS? Here is my previous history: I was on a work visa for 3 years (Stem OPT) and back in 2020 when covid happened I couldn't leave the country to renew my visa due to no flights, and filed for a change of status instead. Well, assuming due to the backlogs, it took USCIS over a year to respond and at that point my employer couldn't hold my job open any longer. Long story short, as I was probably out of status for a month or two (but did not accrue any unlawful presence) am I still eligible for AOS? Those two terms are very confusing. Or was I out of status the entire time my application was pending? Note that I did file in a timely manner. Thanks! Btw, I ave been approved for another visa since leaving if that makes a difference.
 
Jim Bob said:
Do you think I am eligible for AOS? Here is my previous history: I was on a work visa for 3 years (Stem OPT) and back in 2020 when covid happened I couldn't leave the country to renew my visa due to no flights, and filed for a change of status instead. Well, assuming due to the backlogs, it took USCIS over a year to respond and at that point my employer couldn't hold my job open any longer. Long story short, as I was probably out of status for a month or two (but did not accrue any unlawful presence) am I still eligible for AOS? Those two terms are very confusing. Or was I out of status the entire time my application was pending? Note that I did file in a timely manner. Thanks! Btw, I ave been approved for another visa since leaving if that makes a difference.
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Was the COS application ever approved?
 
Hi, please advise. My son is couriering the 330$ cash check to USCIS. Should the address in the form and the address on the envelope (self addressed one) be the same? Reason is, my son might travel to Indiana in couple of weeks and is intending to route the acknowledgement envelope to his friend's residence. Will there be an issue
 
Manjuram said:
Hi, please advise. My son is couriering the 330$ cash check to USCIS. Should the address in the form and the address on the envelope (self addressed one) be the same? Reason is, my son might travel to Indiana in couple of weeks and is intending to route the acknowledgement envelope to his friend's residence. Will there be an issue
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Not an issue. They do not have to be the same.
 
hi everyone,
so my advance parole expedites request got "turned down" (the lady on the phone says you will 99% get denied don't waste time. my reason is to study abroad and I have on campus job offer there)
However, she told me my i485 arrived at the New York FO on September 30. Can I make any interview date prediction base on that? My job offer needs to be responded by tomorrow....
 
wesnewyork said:
hi everyone,
so my advance parole expedites request got "turned down" (the lady on the phone says you will 99% get denied don't waste time. my reason is to study abroad and I have on campus job offer there)
However, she told me my i485 arrived at the New York FO on September 30. Can I make any interview date prediction base on that? My job offer needs to be responded by tomorrow....
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I’m not surprised considering we already told you a while back expediting the AP for study abroad purpose is not considered an urgent or emergency need and was not likely to be approved.
No, you cannot make interview date prediction based on when the I-485 was received by the FO.
 
Sm1smom said:
Was the COS application ever approved?
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No, it was eventually denied, but mainly because they never got a response back from my employer after they received an RFE. The RFE was mailed out over a year later from original application date and by then my employer had given up waiting, and I was able to get a flight out and the embassies outside of the states were starting to take appointments again.

I know that I did not accrue unlawful presence, but does that mean I was out of status? Does out of status mean AOS will be denied? Are they understanding of the whole covid drama some foreign nationals had to deal with? My country literally wouldn't let their own citizens fly back for almost two years.
 
Jim Bob said:
No, it was eventually denied, but mainly because they never got a response back from my employer after they received an RFE. The RFE was mailed out over a year later from original application date and by then my employer had given up waiting, and I was able to get a flight out and the embassies outside of the states were starting to take appointments again.

I know that I did not accrue unlawful presence, but does that mean I was out of status? Does out of status mean AOS will be denied? Are they understanding of the whole covid drama some foreign nationals had to deal with? My country literally wouldn't let their own citizens fly back for almost two years.
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That being the case, you were out of status for much more than two months. The out of status counts from when your STEM OPT status expired until the day you eventually left the US. Being previously out of status therefore makes you ineligible to file a DV based AOS application, I expect any DV based AOS application filed under such circumstances to be denied.
 
Sm1smom said:
That being the case, you were out of status for much more than two months. The out of status counts from when your STEM OPT status expired until the day you eventually left the US. Being previously out of status therefore makes you ineligible to file a DV based AOS application, I expect any DV based AOS application filed under such circumstances to be denied.
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Does applying for consular processing change things or am I ineligible for that too? With the AOS, can they take into consideration that it was USCIS who took over a year to respond because of Covid or it is just a blanket rule no matter what?
 
Jim Bob said:
Does applying for consular processing change things or am I ineligible for that too? With the AOS, can they take into consideration that it was USCIS who took over a year to respond because of Covid or it is just a blanket rule no matter what?
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As you didn’t accrue unlawful status and incur a ban (as you know and already have a visa issued since then) you can process consular processing. The out of status bar to adjustment is stated in law - it’s not discretionary.
 
Question to community! If AOS I-485 was denied by USCIS because of out of status law. Is there are still a chance to go through consular processing with the same case after denial ?
 
SusieQQQ said:
As you didn’t accrue unlawful status and incur a ban (as you know and already have a visa issued since then) you can process consular processing. The out of status bar to adjustment is stated in law - it’s not discretionary.
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Thanks for your knowledge SusieQQQ. If I could bother you with some follow up questions:

1) So even if I was in D/S status the entire time and never had an I-94 departure date, I was still out of status and now barred from AOS? Sorry, just want to make sure whether I should 100% rule out AOS.

2) If for some reason CP was denied, would that mean I would lose my current F1 status?
 
Jim Bob said:
Thanks for your knowledge SusieQQQ. If I could bother you with some follow up questions:

1) So even if I was in D/S status the entire time and never had an I-94 departure date, I was still out of status and now barred from AOS? Sorry, just want to make sure whether I should 100% rule out AOS.

2) If for some reason CP was denied, would that mean I would lose my current F1 status?
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1 I’m not an expert in the technicalities of OPT, but you should know when you were and weren’t in status.
2 it’s a possibility but not a certainty that they would revoke your F1 visa because you’ve shown immigrant intent, but I feel obliged to point out that any reason you got denied in CP would be a denial in an AOS situation too.
 
Hello, my daughter is a student in the US. We are just filling out the DV-2024 entry form. In case my daughter is selected, she would need to do AOS in the US, hence I am posting my questing here.
The citizens of my country are eligible for E-3 working visa. In the case my daughter is selected, applies for AOS, but her application is rejected or the process is not completed for some reasons, would this affect her eligibility for the E-3 visa in the future?
 
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