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DV 2023 AOS (Adjustment of Status) Only

Ajup said:
Hi Mom,

First Thankyou for this very helpful forum.
I am a DV winner for 2023 Nepal. And my case number is 5700, expecting to be current this coming Feb. I am currently in USA in i539(H4 pending) visa status. My wife is in H1B visa. We filed DS260 in September at that time I was in F2 visa and my wife was in F1 visa. Our Ds260 is still pending. But we paid the fee separately in November and already received the Payment receipt and Email.
1) Do we need to unlock ds260 and change our visa status?
2) Will there be any issue while filling AOS package with my i539 pending?

Thanks in advance!.
Click to expand...
And the other, If I submit I-485 AOS with H4 pending status, do I have to get H4 approved before USCIS approve 485 to get the green card?
I am being advised pending H4 may be issue issue for getting green card. What do you suggest me, which will be my secure option
a) Go back to Nepal and change to CP.
b) Go back to Nepal get H4 approved and come back and file I-485 for AOS.

More I discuss with many people, I get many suggestion and I am in great dilemma. Waiting for your suggestions.
 
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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My husband won the DV23 - EU15xxx.
We are both on H2b visa extension available through May 2023.
We are preparing our AOS package.. but now I realize I have a similar situation like the one in the post.

In 2020 I was ready to travel back home and flights got delayed. I94 was for May 30th and I managed to get a flight only on July 10th (10 days out of status). At that time I have applied for COS in order not to have unlawful presence. Since than I got another visa and traveled back to US.

My question is.. does this out of status issue like in the case above apply to derivatives too?

Thank you
 
Quick question! Isubmited DS260 afew weeks ago, but I have not hears anything KCC since then. How do I make DV payment? Do I need to wait for KCC to review the application?
 
Ajup said:
Hi Mom,

First Thankyou for this very helpful forum.
I am a DV winner for 2023 Nepal. And my case number is 5700, expecting to be current this coming Feb. I am currently in USA in i539(H4 pending) visa status. My wife is in H1B visa. We filed DS260 in September at that time I was in F2 visa and my wife was in F1 visa. Our Ds260 is still pending. But we paid the fee separately in November and already received the Payment receipt and Email.
1) Do we need to unlock ds260 and change our visa status?
2) Will there be any issue while filling AOS package with my i539 pending?

Thanks in advance!.
Click to expand...
1. That is not necessary.
2. The pending I539 will need to be approved first before the AOS application can be approved.
 
askia97 said:
Hi, hope y'all are well!

I submitted my ds260 a while back and between then and now my personnal situation has changed. I've started a new job with my F1-OPT, and changed address among others. I am also planning to renew my passport which is going to expire in April 24th. Should i leave it as it was and only update my i-485 or should i try to change my ds260. If so how?
Click to expand...
Leave the DS260 as is.
 
Ajup said:
And the other, If I submit I-485 AOS with H4 pending status, do I have to get H4 approved before USCIS approve 485 to get the green card?
I am being advised pending H4 may be issue issue for getting green card. What do you suggest me, which will be my secure option
a) Go back to Nepal and change to CP.
b) Go back to Nepal get H4 approved and come back and file I-485 for AOS.

More I discuss with many people, I get many suggestion and I am in great dilemma. Waiting for your suggestions.
Click to expand...
Yes, the pending COS application will need to be approved first before the AOS application can be approved. I’m sorry I cannot help you decide if you should switch to CP or go get H4. That’s a decision you need to make on your own.
 
AMolHel said:
My husband won the DV23 - EU15xxx.
We are both on H2b visa extension available through May 2023.
We are preparing our AOS package.. but now I realize I have a similar situation like the one in the post.

In 2020 I was ready to travel back home and flights got delayed. I94 was for May 30th and I managed to get a flight only on July 10th (10 days out of status). At that time I have applied for COS in order not to have unlawful presence. Since than I got another visa and traveled back to US.

My question is.. does this out of status issue like in the case above apply to derivatives too?

Thank you
Click to expand...
When did you file for the EOS, before or after your I94 expiration date? What is the date listed on the NOA you received from USCIS after filing the EOS?

p.s. if your I94 was valid till May 30th and you departed from the US on July 10th, that is more than 10 days OOS.
 
Sm1smom said:
When did you file for the EOS, before or after your I94 expiration date? What is the date listed on the NOA you received from USCIS after filing the EOS?

p.s. if your I94 was valid till May 30th and you departed from the US on July 10th, that is more than 10 days OOS.
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Just checked all documents.
Filled EOS on May 17th and at lawyers advise I have send a letter to withdraw and file for COS on 24th. ( NOA date is 5/24/2020 )
I have filled late because I had changed my flights until then. I thought I will be home.

And the I-94 is actually 05/ 25 for h2b extension (my mistake). Official departure date on 06/10th. ( sorry for putting wrong July- was June***)
So from what I read on the blog.. looks like I am not able to do AOS.
 
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AMolHel said:
Just checked all documents.
Filled EOS on May 17th and at lawyers advise I have send a letter to withdraw and file for COS on 24th. ( NOA date is 5/24/2020 )
I have filled late because I had changed my flights until then. I thought I will be home.

And the I-94 is actually May 25th for h2b extension (my mistake). Official departure date on June 10th.
So from what I read on the blog.. looks like I am not able to do AOS.
Click to expand...
Questions
1. Can I stay and work until May when our job contract ends? Or I should leave in order to do FTJ. I know I wont be processed until his AOS is approved.
2. He paid DV fee for both of us and got the 2NL. Current in February and all the documents are ready. Will he have issues at the interview if I am in US ?
 
Last edited:
lotterywinnerof2023 said:
Quick question! Isubmited DS260 afew weeks ago, but I have not hears anything KCC since then. How do I make DV payment? Do I need to wait for KCC to review the application?
Click to expand...
You need to take a careful look at the AOS Process Spreadsheet for a step by step guide of DV based AOS application. This is help you understand what the process entails and what your next step should be.
 
AMolHel said:
Just checked all documents.
Filled EOS on May 17th and at lawyers advise I have send a letter to withdraw and file for COS on 24th. ( NOA date is 5/24/2020 )
I have filled late because I had changed my flights until then. I thought I will be home.

And the I-94 is actually 05/ 25 for h2b extension (my mistake). Official departure date on 06/10th. ( sorry for putting wrong July- was June***)
So from what I read on the blog.. looks like I am not able to do AOS.
Click to expand...
I’m having a hard time trying to figure out if you’re AOS eligible or not with the way you’re responses are coming across. I’m having to flip back and forth over several posts which I’m finding rather stressful. So let’s start all over to enable me get a better picture of your timeline. Do provide the dates for the below 2020 events in the listed order:

I94 Expiration Date -
EOS Application Filed Date -
EOS NOA Date -
EOS Application withdrawal Date -
COS Application Date -
COS NOA Date -
Departure from US Date -
 
AMolHel said:
Questions
1. Can I stay and work until May when our job contract ends? Or I should leave in order to do FTJ. I know I wont be processed until his AOS is approved.
2. He paid DV fee for both of us and got the 2NL. Current in February and all the documents are ready. Will he have issues at the interview if I am in US ?
Click to expand...
1. You can remain in the US for as long as your current I-94 allows.
2. He shouldn’t.
 
Sm1smom said:
I’m having a hard time trying to figure out if you’re AOS eligible or not with the way you’re responses are coming across. I’m having to flip back and forth over several posts which I’m finding rather stressful. So let’s start all over to enable me get a better picture of your timeline. Do provide the dates for the below 2020 events in the listed order:

I94 Expiration Date -
EOS Application Filed Date -
EOS NOA Date -
EOS Application withdrawal Date -
COS Application Date -
COS NOA Date -
Departure from US Date -
Click to expand...
I agree. I actually wanted to edit and write a short history so you have a background and a timeline.

CN EU2023-15XXX
Husband - principal applicant ( I am derivative)


I94 Expiration Date - 05/25/2020 (Husband 06/10/2020)
EOS Application Filed Date - 05/17/2020
EOS NOA Date - 5/17/2020
EOS Application withdrawal Date - Cant find the exact date. Lawyer told me to send the withdraw before filling COS. (so between 5/17- 5/24)
I just have 07/08/2020 -USCIS Withdrawal Acknowledgement Notice Was Sent

COS Application Date - 05/24/2020
COS NOA Date - 05/24/2020
Departure from US Date - 06/10/2020

ReEntered US on new H2b Visa - 04/21/2021
Current Visa Extension approved until 05/30/2023. Our summer employer would like us back for the next summer so we can extend it after that date too. (both me and my husband)

We got married after the selection (have been together for 5 years and both working on H2B visa).
Since we are in US in status through the process we were preparing for AOS.
We have a lawyer but he is not familiar with DV AoS so we are trying to learn and figure the best option for us.

11/ 23/ 2022 - DV payment made for both of us (660$)
12/ 08/ 2022 - 2 NL received (waiting for receipt)
 

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Sm1smom said:
Leave the DS260 as is.
Click to expand...
Hi, trying to get a clear understanding. So you mean that there is no need to change the DS260 and i just need to make sure the i485 is reflective of my current situation at the time i send my documents. Please clarify.
 
Sm1smom said:
Yes, the pending COS application will need to be approved first before the AOS application can be approved. I’m sorry I cannot help you decide if you should switch to CP or go get H4. That’s a decision you need to make on your own.
Click to expand...
This is weird question but let me ask, I had B1/B2 M entry visa before I got F2 visa. Is that still a valid visa or it may have automatically canceled with my F2 visa? I donot have any cancel stamp in my B1/B2 visa. Recently, I entered USA in F2 visa so i have f2 in my i-94. Is my B1B2 still counted a legal visa. Can I go out and enter in that visa again? And file AOS with that visa?
 
AMolHel said:
I agree. I actually wanted to edit and write a short history so you have a background and a timeline.

CN EU2023-15XXX
Husband - principal applicant ( I am derivative)


I94 Expiration Date - 05/25/2020 (Husband 06/10/2020)
EOS Application Filed Date - 05/17/2020
EOS NOA Date - 5/17/2020
EOS Application withdrawal Date - Cant find the exact date. Lawyer told me to send the withdraw before filling COS. (so between 5/17- 5/24)
I just have 07/08/2020 -USCIS Withdrawal Acknowledgement Notice Was Sent

COS Application Date - 05/24/2020
COS NOA Date - 05/24/2020
Departure from US Date - 06/10/2020

ReEntered US on new H2b Visa - 04/21/2021
Current Visa Extension approved until 05/30/2023. Our summer employer would like us back for the next summer so we can extend it after that date too. (both me and my husband)

We got married after the selection (have been together for 5 years and both working on H2B visa).
Since we are in US in status through the process we were preparing for AOS.
We have a lawyer but he is not familiar with DV AoS so we are trying to learn and figure the best option for us.

11/ 23/ 2022 - DV payment made for both of us (660$)
12/ 08/ 2022 - 2 NL received (waiting for receipt)
Click to expand...
Okay. So based on the above information, you were out of status and accrued unlawful presence from May 26th to June 10th which makes you ineligible to file AOS IMO. You however can ask your lawyer to confirm if you’re eligible to file for AOS based on the above history (he doesn’t need to be DV based AOS knowledge in order to make an assessment and determine your AOS eligibility).

If your lawyer tells you you’re eligible and you trust his opinion, then you can go ahead and file for AOS with your spouse. If you’re deemed ineligible, then you and your spouse can either both switch to CP (which will involve you both attending your interview together outside the US), or your spouse files AOS while you process FTJ. Be aware the FTJ option can be quite stressful, and it involves been highly proactive.
 
askia97 said:
Hi, trying to get a clear understanding. So you mean that there is no need to change the DS260 and i just need to make sure the i485 is reflective of my current situation at the time i send my documents. Please clarify.
Click to expand...
Yes.
 
Ajup said:
This is weird question but let me ask, I had B1/B2 M entry visa before I got F2 visa. Is that still a valid visa or it may have automatically canceled with my F2 visa? I donot have any cancel stamp in my B1/B2 visa. Recently, I entered USA in F2 visa so i have f2 in my i-94. Is my B1B2 still counted a legal visa. Can I go out and enter in that visa again? And file AOS with that visa?
Click to expand...
I have no way of knowing if the B1/B2 visa was cancelled in the system when your F2 visa was issued. Departing from the US and re-entering on a B1/B2 visa with the preconceived intent of filing AOS is considered a fraudulent use of the nonimmigrant visa which is frowned upon.
 
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