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DV 2023 AOS (Adjustment of Status) Only

Lilabross said:
Hi mom
I have mailed my i-485 form and didn’t got receipt number yet my I-94 expires on March 4,2023
Will it be an issue if I file I-539 extension for visa , in case if my application gets rejected and sent back to me after the I-94 expiration. . Then I will be sure that for sure it’s rejected I just don’t want to fly out knowing maybe I will receive a receipt number and don’t want to abandon application.

Note the actual visiter visa in my passport expires on June ,2023. And I know I-539 takes a while ? What will happen if visa in passport expires and I am still waiting on process of I-539.
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You can do that if it gives you some peace of mind. Not something I would do as it really does not accomplish anything IMO. A pending I-539 (extension of status) is not a status, it will not automatically void an overstay if you depart from the US before it gets approved. And there's no guarantee of an approval.

Regardless of the current expiration date on the actual visa, the visa automatically becomes void following an over-stay. So at this point, keep your fingers crossed and remain hopeful. But if you're concerned about package rejection, (and do not wish to loose the current visa due to an overstay), then plan on departing from the US on or before the last day of your authorized stay. It would be sad of course if you were to do so and the acceptance receipt subsequently shows up after you've left the US which leads to your AOS application being concerned as abandoned like you already know.
 
Hi mom ! @Sm1smom
I received my receipt for dv fee.
I would like to send my package since soon since my number is on the cut off next month, but I am hesitant for I wonder if I’m supposed to wait for them to send me the second letter first ?
Or the early filing does not require second letter ? And do I need to bring the second letter for the medical exam ?

Thank you for your time and help! I know it’s saying prepare your package after receiving your dv receipt but I wonder if it’s after receiving the second letter that I can send everything to them. Thank you.
 
Sm1smom said:
You can do that if it gives you some peace of mind. Not something I would do as it really does not accomplish anything IMO. A pending I-539 (extension of status) is not a status, it will not automatically void an overstay if you depart from the US before it gets approved. And there's no guarantee of an approval.

Regardless of the current expiration date on the actual visa, the visa automatically becomes void following an over-stay. So at this point, keep your fingers crossed and remain hopeful. But if you're concerned about package rejection, (and do not wish to loose the current visa due to an overstay), then plan on departing from the US on or before the last day of your authorized stay. It would be sad of course if you were to do so and the acceptance receipt subsequently shows up after you've left the US which leads to your AOS application being concerned as abandoned like you already know.
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I have contacted USCIS then told me they can’t check until receipt generated, and suggested to cal cbp then I called cbp they said they can’t do anything as well. I spoke back with uscis in live chat Emma . So agent told me even it’s reject I still can put in whatever is missing and send back and will be having date the day they received so even if it’s passed my I-94 expires they still will consider as files being in status because initial application was sent before expiration of I-94 . So weird
 
Jka2023 said:
Hi mom ! @Sm1smom
I received my receipt for dv fee.
I would like to send my package since soon since my number is on the cut off next month, but I am hesitant for I wonder if I’m supposed to wait for them to send me the second letter first ?
Or the early filing does not require second letter ? And do I need to bring the second letter for the medical exam ?

Thank you for your time and help! I know it’s saying prepare your package after receiving your dv receipt but I wonder if it’s after receiving the second letter that I can send everything to them. Thank you.
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Can I submit my AOS package without the 2NL? Will I be penalized for not having the 2NL? Yes you can submit the AOS package without the 2NL. No, you will not be penalized for not having the 2NL.
I did not receive my 2NL and I'm freaking outThere is no need to freak out. Not having the 2NL on hand to include with the AOS package will not lead to a case denial. If you receive it before your interview, just take it along.
Note: there have been reports of the 2NL going into the Spam box, so keep an eye out for that

The above is from the FAQ tab of the AOS Process spreadsheet - I recommend you spend some quality time going over that spreadsheet.

Medical exam does not require the 2NL.

Note: The steps listed on the spreadsheet are not a rigid "one must happen before the other". Those steps are basically there as a "guide". Send your package whenever you feel comfortable enough to do so
 
Lilabross said:
I have contacted USCIS then told me they can’t check until receipt generated, and suggested to cal cbp then I called cbp they said they can’t do anything as well. I spoke back with uscis in live chat Emma . So agent told me even it’s reject I still can put in whatever is missing and send back and will be having date the day they received so even if it’s passed my I-94 expires they still will consider as files being in status because initial application was sent before expiration of I-94 . So weird
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You're needlessly chasing your tail all over the place, the more you do this, the more you'll continue to be fed with confusing information. There's nothing you can do about the receipt for now outside of waiting. You called USCIS (by calling the 1800 I guess) and they got you off the call by asking you to call CBP who has absolutely nothing to do with your AOS filing. Then you followed up with a chat where another agent provided you with more inaccurate information. If contacting the USCIS to follow up on the receipt was a useful option, you don't think I would have recommended it in the first place?
 
Hi Mom ! Looks like my AOS will be denied due out of status for 1 month.

1: I wanna know if there’s gonna be a 10 year bar if i chose Consular Processing even though I didn’t exceed 90 days.

2: How will my pending asylum play a role if i get a chance for Dv interview in my country.

3: would you advise if i still should give it a try for AOS

Thanks for your time and help.
 
reeta.s said:
Hi Mom ! Looks like my AOS will be denied due out of status for 1 month.

1: I wanna know if there’s gonna be a 10 year bar if i chose Consular Processing even though I didn’t exceed 90 days.

2: How will my pending asylum play a role if i get a chance for Dv interview in my country.

3: would you advise if i still should give it a try for AOS

Thanks for your time and help.
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1. I don't know.
2. Your asylum application would be deemed abandoned and subsequently denied if you leave the US while it is still pending. Your DV based application would be reviewed on it's own merit. Although the CO might wonder about how genuine your asylum application was if you're now able to return to your country safely - the issue of moral turpitude may come in.
3. I can't advise on what you should do - that's a call you'll need to make on your own.
 
Sm1smom said:
You're needlessly chasing your tail all over the place, the more you do this, the more you'll continue to be fed with confusing information. There's nothing you can do about the receipt for now outside of waiting. You called USCIS (by calling the 1800 I guess) and they got you off the call by asking you to call CBP who has absolutely nothing to do with your AOS filing. Then you followed up with a chat where another agent provided you with more inaccurate information. If contacting the USCIS to follow up on the receipt was a useful option, you don't think I would have recommended it in the first place?
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I agree with you but I also don’t want to abandon application
 
Sm1smom said:
You're needlessly chasing your tail all over the place, the more you do this, the more you'll continue to be fed with confusing information. There's nothing you can do about the receipt for now outside of waiting. You called USCIS (by calling the 1800 I guess) and they got you off the call by asking you to call CBP who has absolutely nothing to do with your AOS filing. Then you followed up with a chat where another agent provided you with more inaccurate information. If contacting the USCIS to follow up on the receipt was a useful option, you don't think I would have recommended it in the first place?
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While waiting on receipt I will be out of status and I don’t want to get issues over it
 
Sm1smom said:
You're needlessly chasing your tail all over the place, the more you do this, the more you'll continue to be fed with confusing information. There's nothing you can do about the receipt for now outside of waiting. You called USCIS (by calling the 1800 I guess) and they got you off the call by asking you to call CBP who has absolutely nothing to do with your AOS filing. Then you followed up with a chat where another agent provided you with more inaccurate information. If contacting the USCIS to follow up on the receipt was a useful option, you don't think I would have recommended it in the first place?
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Would have you suggest just stay here till getting receipt number even if the I-94 expires ?
 
Lilabross said:
Would have you suggest just stay here till getting receipt number even if the I-94 expires ?
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The most important thing is for the package to be formally accepted by USCIS before your I-94 expires. If the receipt shows up after the I-94 expires, it doesn’t matter, it is not an issue. Do I know if USCIS will formally accept the package before your I-94 expires? I don’t know and therefore cannot recommend if you should leave or stay, that’s a call you’ll have to make on you own. Personally, having made the decision to proceed with AOS, I would stay back to see if I get an acceptance receipt or a returned package. I however can’t tell you what you should do.
 
Hello
I’m a G1 visa holder!(principal) & the derivative of a DV2023 selectee. As a derivative, when my family and I send in our documents for AOS am I suspending privileges? I know there’s always grey area with G1 visa.
 
Hi? I’m having trouble finding out the lockbox information to send out the documents to; i live in new york; are you able to help?
 
Sm1smom said:
I recall you previously asked this question and I responded by saying you should be okay to proceed with AOS.

I do commend your observation and concern with the carveat re residing in the US at the time of the DV selection. I’ve only come just one case where the IO applied this “clause” and subsequently denied the case, even then it was wrongly applied IMO as that selectee was already based in the US on F1 but had brief gone home on a visit when the DV results got released. They returned to the US as previously scheduled to continue with their studies and subsequently filed for AOS when the CN became current. There have been several selectees who were not residing in the US at the time of selection but later entered on a NIV who successfully completed the AOS process.

That carveat IMO is meant to discourage folks who intentionally try to use a visitor’s visa for the sole purpose of coming to the US to file for AOS upon DV selection.
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Thanks a lot for the well explanation and prompt response
 
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