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DV 2023 AOS (Adjustment of Status) Only

twn said:
I am in the same dilemma, I am on B1 visa and supposed to exit 13th August 2022. My CN is 2023AF00035. I have filled the DS260 (plus my wife and 3 children) Incase I need to exit the country and need to write to KCC to change processing to CP. Meanwhile since I am in the US I decided to send the money order for $ 330 with SASE. The dilemma is the CN will be available after October, meaning the processing of I-485 for AOS can only happen after August. Should I the fill in the I-539, and if denied an extension, what happens to AOS or should I abandon it altogether for CP..sounds like a decision tree kind of thing ?
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My question here Is ;
1. Is it possible then to process the I-539 without jeopardising the application for the AOS, as rightful stated it requests the new exits dates with a clear plan and arrangements to travel out of the country or ;
2. Is It best to exit the country and return after a few months to process the AOS (which you have stated in the spreadsheet as a fradulent intent to get an immigration benefit) or
3. Can I forward my AOS package prematurely with possibility of getting an Alien number in good time or ;
4. Is it a lot easier to just request KCC to change from AOS to CP
What is the best way forward considering the availability of the Visa base on the CN. number will be way after exit dates of 13th August 2022
 
twn said:
My question here Is ;
1. Is it possible then to process the I-539 without jeopardising the application for the AOS, as rightful stated it requests the new exits dates with a clear plan and arrangements to travel out of the country or ;
2. Is It best to exit the country and return after a few months to process the AOS (which you have stated in the spreadsheet as a fradulent intent to get an immigration benefit) or
3. Can I forward my AOS package prematurely with possibility of getting an Alien number in good time or ;
4. Is it a lot easier to just request KCC to change from AOS to CP
What is the best way forward considering the availability of the Visa base on the CN. number will be way after exit dates of 13th August 2022
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Even if your CN is published in the first FY2023 visa bulletin, the package needs to be received by the lockbox before your authorized stay has expired. It’s unclear if the VB will even be released by that date. I don’t see how you can process AOS bec
1. You wouldn’t be truthful on the i539 = likely denial
2. Same issue as above - plus good chance of being denied entry
3. No, the package will be rejected or denied
4. This seems to me the only option
 
SusieQQQ said:
Even if your CN is published in the first FY2023 visa bulletin, the package needs to be received by the lockbox before your authorized stay has expired. It’s unclear if the VB will even be released by that date. I don’t see how you can process AOS bec
1. You wouldn’t be truthful on the i539 = likely denial
2. Same issue as above - plus good chance of being denied entry
3. No, the package will be rejected or denied
4. This seems to me the only option
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Thanks for this Susie. Makes a lot of sense
 
twn said:
My question here Is ;
1. Is it possible then to process the I-539 without jeopardising the application for the AOS, as rightful stated it requests the new exits dates with a clear plan and arrangements to travel out of the country or ;
2. Is It best to exit the country and return after a few months to process the AOS (which you have stated in the spreadsheet as a fradulent intent to get an immigration benefit) or
3. Can I forward my AOS package prematurely with possibility of getting an Alien number in good time or ;
4. Is it a lot easier to just request KCC to change from AOS to CP
What is the best way forward considering the availability of the Visa base on the CN. number will be way after exit dates of 13th August 2022
Click to expand...
Contact KCC and request to switch to CP, you will need to ensure your home address is listed as your current address in your DS260 form. Depart from the US as planned and attend your interview in your applicable US home embassy. You will unfortunately have to pay the DV fee again at the embassy. Getting issued with an A# accords no immigration benefit not does it protect against an overstay.
 
It's my understanding that CPers have the advantage of their application being processed before AOSers - who need to wait until their CN is called before applying. So CPers with higher CN's can potentially interview before AOSers wilth lower CN's if the region goes current. The spreadsheet mentions that it's rare but possible for all visas from a region to be exhausted before higher CN AOSers interview but how rare is it? I know it's hard to predict but our CN is OC12XX and now I'm worried that if we choose AOS we could potentially miss out if there are a lot of CPers.
 
Silverfox said:
It's my understanding that CPers have the advantage of their application being processed before AOSers - who need to wait until their CN is called before applying. So CPers with higher CN's can potentially interview before AOSers wilth lower CN's if the region goes current. The spreadsheet mentions that it's rare but possible for all visas from a region to be exhausted before higher CN AOSers interview but how rare is it? I know it's hard to predict but our CN is OC12XX and now I'm worried that if we choose AOS we could potentially miss out if there are a lot of CPers.
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It is a possibility with AOS. The region is not important for OC (or anyone really), what matters is per country limit - none of the OC countries have enough selectees for that to matter - or total limit, which is the only thing that will make a difference for an OC AOS. We did have a few cases in one year, a few years ago, where visas got exhausted near the end of the FY and those cases still waiting for AOS lost out. That said, it’s rare. One factor you might want to try figure out is whether your FO is one of those that tends to batch interviews near the end of the FY regardless of CN.
 
SusieQQQ said:
It is a possibility with AOS. The region is not important for OC (or anyone really), what matters is per country limit - none of the OC countries have enough selectees for that to matter - or total limit, which is the only thing that will make a difference for an OC AOS. We did have a few cases in one year, a few years ago, where visas got exhausted near the end of the FY and those cases still waiting for AOS lost out. That said, it’s rare. One factor you might want to try figure out is whether your FO is one of those that tends to batch interviews near the end of the FY regardless of CN.
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Ah I see, thank you! I'm looking at 'Timelines', how do I figure out which FO's batch interviews later on? Our FO would be Los Angeles.
 
Oh, I was referring to making potential on passport number or dob or name during dv entry. Are they forgiving of it during aos process?
 
And I already answered that question as asked - “it seems to be”.

Your above question is still exactly the same as previously asked (more or less), so my response is still the same. If you need me to “expand” on the response, you need to “expand” on precisely what your specific situation is.
 
Hi Everyone,
My wife and I cam to the US as a F1 student visa in 2017, while I was at school, my wife(she was on F2 status) applied for Asylum in the united states, and since then we have been waiting for interview and now we are turning to 5 year of waiting. During the last few years I tried to maintain my legal immigration status, but unfortunately , due to the pandemic I lost my job in 2021 and my OPT and F1 status terminated after 150 days. Now I am selected DV lottery for 2023. My question is there any chance to adjust my status now! I thought "technical violation resulting from inaction of USCIS" might be applicable to our case since we were waiting for like 4 years for our interview.
 
lotterywinnerof2023 said:
Hi Everyone,
My wife and I cam to the US as a F1 student visa in 2017, while I was at school, my wife(she was on F2 status) applied for Asylum in the united states, and since then we have been waiting for interview and now we are turning to 5 year of waiting. During the last few years I tried to maintain my legal immigration status, but unfortunately , due to the pandemic I lost my job in 2021 and my OPT and F1 status terminated after 150 days. Now I am selected DV lottery for 2023. My question is there any chance to adjust my status now! I thought "technical violation resulting from inaction of USCIS" might be applicable to our case since we were waiting for like 4 years for our interview.
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There’s only one way to find out. You apply and keep your fingers crossed while hoping for an approval. Some selectees with asylum pending status happen been fortunate enough to get their DV based AOS applications approved, while others have not. Take a look at the DV Tracker-Unique Situations spreadsheet (link in my signature) to read about past selectees with asylum pending status.
 
Hi, a few questions on DV lottery and visa renewal as an F1 students

1. I wish to renew my F1 visas so that i can go visit some family over the next 6 month, since my case will not even be current until January. In that case, do you think it's a good idea for me to get out of the country to renew my visas?
2. Are there any risk associated with it?
3. It was mentioned somewhere that filing ds 260, paying DV fee or doing the medical exam shows immigration intent, does winning the lottery in itself show immigration intent then?
3.a so would you advise against travelling once the process has started (paying fees)?
4. I can still go back and forth between Mexico-US-Canada as long as my i20 is valid, would that be an issue and give me trouble at cbp if:
4.a i won the dv
4b I won and paid the fee and done the medical exam

5. Lastly, about one of my earlier questions, i was referring to the fact that i am doing aos, and am anxious i may have entered my Passport number wrong during DV entry, and :
5.a You've heard of similar cases, what happened?
5.b if that would be an issue during aos if that were the case (maybe redudant)
 
askia97 said:
Hi, a few questions on DV lottery and visa renewal as an F1 students

1. I wish to renew my F1 visas so that i can go visit some family over the next 6 month, since my case will not even be current until January. In that case, do you think it's a good idea for me to get out of the country to renew my visas?
2. Are there any risk associated with it?
3. It was mentioned somewhere that filing ds 260, paying DV fee or doing the medical exam shows immigration intent, does winning the lottery in itself show immigration intent then?
3.a so would you advise against travelling once the process has started (paying fees)?
4. I can still go back and forth between Mexico-US-Canada as long as my i20 is valid, would that be an issue and give me trouble at cbp if:
4.a i won the dv
4b I won and paid the fee and done the medical exam

5. Lastly, about one of my earlier questions, i was referring to the fact that i am doing aos, and am anxious i may have entered my Passport number wrong during DV entry, and :
5.a You've heard of similar cases, what happened?
5.b if that would be an issue during aos if that were the case (maybe redudant)
Click to expand...
1&2. I don’t know what difficulties you may face with trying to renew your student visa, it is your call whether you should travel out or not.
3. Wining the lottery itself without taken any steps towards processing the lottery selection does not constitute a demonstrated immigrant intent, it however could be seen as harboring an immigrant intent when applying for a NIV.
3a. Your call depending on how urgent the trip is for you.
4a&b. A non immigrant is never guaranteed an admission or re-admission into the US every time they depart, regardless of if the have a valid visa, valid I-20, valid documents, or not. And regardless of if they are a DV selectee or not. Only a USC is guaranteed an admission or re-admission into the US.
5a&b. I really do not like spending my time trying to address hypothetical situations or imaginary issues. You’re thinking you might have wrongly entered your passport number because you wrongly entered your DOB where you mistook 1 for 7, right? If that is the case, you honestly need to stop stressing over a non-issue. That’s all I can say at this point.
 
Hi everyone,

I want to ask a question about the difficulty of the adjustment of the status process. I have read the provided spreadsheets. It seems to me that I can do it by myself. However, I also would like to get your advice about whether to do it by myself or with an attorney. I am an international student so the attorney help might be expensive for me but there are also some risks while doing it by myself. Does everyone in this forum try to do the process by themself?

Thanks in advance for your opinions and advice!
 
AzarUmudov said:
Hi everyone,

I want to ask a question about the difficulty of the adjustment of the status process. I have read the provided spreadsheets. It seems to me that I can do it by myself. However, I also would like to get your advice about whether to do it by myself or with an attorney. I am an international student so the attorney help might be expensive for me but there are also some risks while doing it by myself. Does everyone in this forum try to do the process by themself?

Thanks in advance for your opinions and advice!
Click to expand...
The is a DIY forum with the AOS process spreadsheet put together to demystify the DV based AOS process. Most selectees (with no status related issues), who can read, write, and follow the step by step guide provided on the spreadsheet have successfully completed the process themselves without engaging an immigration attorney. You may hire one if you feel you’ll need their assistance.
 
askia97 said:
Hi, quick question.
1. In your experience, or anybody else, is the aos process more forgiving of mistakes made durring DV entry? Things like dob, passport number, name spelling etc..?
2. Also, when paying the $330 fee, is money order I get from cvs same as postal money order?
3. The vaccinations shot required for medical exam for 18-64 says: Td/Tdap, MMR, Hep and Meningicoccal(18 yo only), varicella and flue (only during flue season).
3.a Does that mean unless I am exactly. 18yo, I do not need to take hep and Meningococcal?
3.b. if i do my Med exam now but my case is current during flue season, then do I have to take the flue shot? Or is it based on when my med exam is done?
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Update to Q3:

CDC, over the weekend quietly updated the vaccine requirement list. Hep A is required for 12 months old - 18 years old applicant (which has always been the case). Hep B is the new addition which is now required from birth to 59 years old applicants.


Vaccination Technical Instructions for Civil Surgeons | CDC

Vaccination Technical Instructions for Civil Surgeons.
www.cdc.gov www.cdc.gov
 
Hello,
As an F1 student, am I required to fill out the form I-134- Affidavit of Support ? Or should I let my parents do it for me ?

Also, I have a SSN as an on-campus student worker, but it’s the College that fill out the taxes for us. Am I going to be required to send along a Tax Return Transcript with my AOS package or am I going to be required to send another documents ?
 
Do_Kmy2 said:
Hello,
As an F1 student, am I required to fill out the form I-134- Affidavit of Support ? Or should I let my parents do it for me ?

Also, I have a SSN as an on-campus student worker, but it’s the College that fill out the taxes for us. Am I going to be required to send along a Tax Return Transcript with my AOS package or am I going to be required to send another documents ?
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1. Ideally, the I-134 should be filled out for you by someone based in the US.
2. Regardless of who does your tax filing, you can contact the IRS directly to request an IRS tax transcript.
 
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