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DV 2025 AOS (Adjustment of Status) Process Only

Sm1smom said:
While working with an AOS based EAD may provide more flexibility and avoid relying on OPT status in order to work may sound like a good idea, the cons against it actually makes it not worth it IMO:
1. There’s the additional cost of filing for a this work authorization which at most is valid for less than one year to take into consideration (AOS based I-765 is no longer free).
2. It becomes a useless piece of card once the applicable DV FY is over.
3. Using an AOS based EAD automatically invalidates whatever the current valid status is - which means no fall back status if AOS is denied. And if there’s no fall back valid status, AOS cannot be re-filled even if there’s still time remaining in the FY to submit a new application.
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brilliant you is just a giant immigration database I applause you
 
Deli said:
consulate office have direct access of anything on Department of state database so DS260 submission is easy to spot but everything you said is true after all you are declaring your intent for the US GOV database in general even with I-485
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While the COs may have direct access to the DOS database making the DS260 submission easy to spot, it does not preclude their checking other US government databases as part of the background checks. This is the number one major reason as to why visas do not get issued on the spot at the end of the interview at the embassies.
 
Questions for open discussion, mainly aimed at @megdavidson26 and @Sm1smom (thanks for the great advice til now!)

I saw a similar post in an E3 thread but cant link here, so keeping it short:

- Won DV2025
- CN = OC37xx (no chance of becoming current, did not know the details of numbers and process at the time of winning)
- Prematurely submitted DS-260 on May 5th as the notification told me to do so ASAP.
- Elected for AOS as I'm in the US and naively thought I would be able to schedule an interview with USCIS asap as thats what the next steps said.
- Currently on an E-3. The visa expired April 27th 2024, I-94 status expires April 2026.
- Furthermore, and here is the kicker, I re-entered the US on April 21st after a work trip (on E3 non-immigrant status) and then essentially submitted an immigration intent on May 5th (DS-260), 14 days later. I have now read the 30 and 60 day guidelines and realized this doesn't look great for the optics.
- I have read this forum and the AOS spreadsheet, now understanding the process involved (thank you), which was not clearly specified by DOS or USCIS.

Questions:
1: By submitting DS-260 I have essentially ruined any future E3 applications, am I right in assuming that?
2: Is my current status at risk of being revoked?
3: Will this affect the DV app, should I get there?
4: Am I stuck here until then?

Thank you in advance for all answers and advice.
 
Msobol said:
Questions for open discussion, mainly aimed at @megdavidson26 and @Sm1smom (thanks for the great advice til now!)

I saw a similar post in an E3 thread but cant link here, so keeping it short:

- Won DV2025
- CN = OC37xx (no chance of becoming current, did not know the details of numbers and process at the time of winning)
- Prematurely submitted DS-260 on May 5th as the notification told me to do so ASAP.
- Elected for AOS as I'm in the US and naively thought I would be able to schedule an interview with USCIS asap as thats what the next steps said.
- Currently on an E-3. The visa expired April 27th 2024, I-94 status expires April 2026.
- Furthermore, and here is the kicker, I re-entered the US on April 21st after a work trip (on E3 non-immigrant status) and then essentially submitted an immigration intent on May 5th (DS-260), 14 days later. I have now read the 30 and 60 day guidelines and realized this doesn't look great for the optics.
- I have read this forum and the AOS spreadsheet, now understanding the process involved (thank you), which was not clearly specified by DOS or USCIS.

Questions:
1: By submitting DS-260 I have essentially ruined any future E3 applications, am I right in assuming that?
2: Is my current status at risk of being revoked?
3: Will this affect the DV app, should I get there?
4: Am I stuck here until then?

Thank you in advance for all answers and advice.
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1. If you end up not getting a GC through this DV selection due to an already demonstrated immigrant intent, you may be able to get a NIV in the future if you’re able to convince the CO your previous immigrant intent no longer exists. You may be required to demonstrate a stronger tie and a more compelling reason to demonstrate you have every plan of returning to your home base in order to be eligible for a new NIV.
2. Nope, not at all.
3. In general, the 30-60-90 day rule is non binding on USCIS. This 90 day rule is based on guidance by DOS (Dept. Of States) to COs (consular officers). DOS has no jurisdiction over the USCIS, so that guidance is not binding nor applicable to USCIS. USCIS will review what is known as the totality of the circumstance in making a determination regarding if an applicant entered the US with the preconceived intent of filing AOS or not prior to entering the US. Entering the US on a NIV with a preconceived intent of filing AOS is as applicable to DV based AOS application same as an employment or family based AOS application regardless of if the applicant waited for 30-60-90 days or not before filing for AOS or submitting a DS260. Intent is usually determined at the POE, if you are eligible to file for AOS, you can do so as soon as you enter the US and eligible to file as the mythical 30-60-90 day rule is non-binding on USCIS. Of course the IO at the time of the interview can always follow up on what the intent was when one originally entered the US regardless of if you filed immediately or if you waited for 90 days before filing.
4. Well since your current visa has already expired, you probably are for now since you will need to file for a new NIV to enable you be readmitted should you depart from the US.
 
Hello team

Could Entering the U.S. on a B-2 visa with the preconceived intent of applying for asylum be seen as dual intent ?

I am worried that, during my future potential AOS interview, the immigration officer might ask if I planned to seek asylum when I arrived in the U.S. which the could make them think I had dual intent when I entered.
 
Deli said:
Hello team

Could Entering the U.S. on a B-2 visa with the preconceived intent of applying for asylum be seen as dual intent ?

I am worried that, during my future potential AOS interview, the immigration officer might ask if I planned to seek asylum when I arrived in the U.S. which the could make them think I had dual intent when I entered.
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You’re mixing up terminologies here. You did not enter the US with a “dual intent” as you did not have a dual intent visa, a B-2 is not a dual intent visa. You however did enter with a preconceived intent of filing for asylum.

The IO can ask any question deemed necessary to aid with case adjudication, including questions about your pending asylum application. As a matter of fact, they often request the asylum file in advance for review.
 
Hi

So, what does the receipt of the DV fee look like? I paid a few weeks ago and today I received my envelope back with basically the form (mentioned in the spreadsheet) that I included, but it is stamped and says "paid", that is it? like no receipt number or anything?
 
hi Mom, I have been selected for 2025 case number eu24k, found this forum and I have been studying the incredible resources provided here, thanks so much for the info and the help.

I was reading the message of Msobol about immigration intent on a NIV but I am still not clear on how it works. I am in the US on a e2 visa (renewed for the 4th time a little bit more than a year ago), I will travel this summer and I also have plans to travel over christmas coming back mid january.

So, as far as DV is concerned, I wanted to send the fee as soon as I was back in january in order to have plenty of time to wait for the receipt while my case number becomes current. Given my case number I would think nothing is going to happen until april 2025 best case scenario.

Now, if I send the fee my understanding is that it would constitute immigration intent so it is something that has at least some implications for the AOS case. At the same time, I have been living in the US for almost 20 years on the same E2 and the last 3 years my wife and stepdaughter moved to the US with me, my stepdaughter graduated from high school in the US and she is currently a student in college (both wife and daughter are on my E2 visa).

My point is, I have been actually living here for a long time (if it matters....), so it is not the case of me being outside the country and all of a sudden deciding to travel on a NIV to then apply for AOS. Is that different or I should consider cancel my travel plans in December just to make sure (or wait a good amount of time before sending the fee)?

Thanks a lot.
 
omarsn93 said:
Hi

So, what does the receipt of the DV fee look like? I paid a few weeks ago and today I received my envelope back with basically the form (mentioned in the spreadsheet) that I included, but it is stamped and says "paid", that is it? like no receipt number or anything?
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Yes that is the receipt.
 
mark70 said:
hi Mom, I have been selected for 2025 case number eu24k, found this forum and I have been studying the incredible resources provided here, thanks so much for the info and the help.

I was reading the message of Msobol about immigration intent on a NIV but I am still not clear on how it works. I am in the US on a e2 visa (renewed for the 4th time a little bit more than a year ago), I will travel this summer and I also have plans to travel over christmas coming back mid january.

So, as far as DV is concerned, I wanted to send the fee as soon as I was back in january in order to have plenty of time to wait for the receipt while my case number becomes current. Given my case number I would think nothing is going to happen until april 2025 best case scenario.

Now, if I send the fee my understanding is that it would constitute immigration intent so it is something that has at least some implications for the AOS case. At the same time, I have been living in the US for almost 20 years on the same E2 and the last 3 years my wife and stepdaughter moved to the US with me, my stepdaughter graduated from high school in the US and she is currently a student in college (both wife and daughter are on my E2 visa).

My point is, I have been actually living here for a long time (if it matters....), so it is not the case of me being outside the country and all of a sudden deciding to travel on a NIV to then apply for AOS. Is that different or I should consider cancel my travel plans in December just to make sure (or wait a good amount of time before sending the fee)?

Thanks a lot.
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Admission or re-admission is never guaranteed for a non-immigrant regardless of how long the non-immigrant has been temporarily residing in the US or if they have a valid visa. Admission is always at the discretion of the CBP at the POE. I cannot tell you if you should cancel your planned trip or not, you’ll need to make the call on what to do on your own.

It doesn’t matter how long you’ve been residing in the US. Every time you depart and return, the expectation/assumption when you present your non-dual intent NIV, is that you’re seeking a re-admission with the intent of departing from the US at the end of your stay.
 
Hello team,

I'm currently filling out my DS-260 form along with those for my dependents, and I have a few questions that need clarification. As I mentioned earlier, I won the DV2024 lottery while in the USA, but my wife and daughter are still in our home country.

For the primary applicant (me), who is currently in the USA:

  1. "Is your spouse immigrating to the U.S. with you?" -
  2. "Is your spouse immigrating to the U.S. at a later date to join you?"
For my wife, who is currently located outside the USA in our home country:

  1. "Is your spouse immigrating to the U.S. with you?" -
  2. "Is your spouse immigrating to the U.S. at a later date to join you?" USA later on.
Your assistance in clarifying these points would be greatly appreciated. Thank you.
 
Deli said:
Hello team,

I'm currently filling out my DS-260 form along with those for my dependents, and I have a few questions that need clarification. As I mentioned earlier, I won the DV2024 lottery while in the USA, but my wife and daughter are still in our home country.

For the primary applicant (me), who is currently in the USA:

  1. "Is your spouse immigrating to the U.S. with you?" -
  2. "Is your spouse immigrating to the U.S. at a later date to join you?"
For my wife, who is currently located outside the USA in our home country:

  1. "Is your spouse immigrating to the U.S. with you?" -
  2. "Is your spouse immigrating to the U.S. at a later date to join you?" USA later on.
Your assistance in clarifying these points would be greatly appreciated. Thank you.
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Primary Selectee
1. No.
2. Yes.

Derivative
1. Yes.
2. No.
 
Hello again. As mentioned, I'm 2025EU16k. I'm guessing my number becomes current in Spring 2025. I finished my freshman year at university as an F1 student. I am currrently back in my home country for the summer. My F1 visa is valid for a few more years. I will return to the U.S. to start the Fall semester in August 2024.

1. Does it matter if I submit the DS-260 now or wait until I re-enter the U.S. in August?
2. Same question for the DV admin fee?

The risk I'm concerned about is the border crossing at the airport. If I submit the DS-260 now and if I'm questioned by the CBP officer at the airport if I ever applied for immirgrant visa, I will have to answer 'yes' and may increase my chance of being sent home to do DV via CP! If I wait to submit DS-260 until AFTER I return to the U.S. in August, I can honestly answer 'no' to that question (and that line of questioning never goes further....i.e., simpler border crossing). Am I crazy...

3. In reading the FAQs and this forum, i do not need to worry about waiting 60 days after re-entering the U.S. to submit the DS-260/pay the fee -- right?
 
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azatinusa said:
Hello again. As mentioned, I'm 2025EU16k. I'm guessing my number becomes current in Spring 2025. I finished my freshman year at university as an F1 student. I am currrently back in my home country for the summer. My F1 visa is valid for a few more years. I will return to the U.S. to start the Fall semester in August 2024.

1. Does it matter if I submit the DS-260 now or wait until I re-enter the U.S. in August?
2. Same question for the DV admin fee?

The risk I'm concerned about is the border crossing at the airport. If I submit the DS-260 now and if I'm questioned by the CBP officer at the airport if I ever applied for immirgrant visa, I will have to answer 'yes' and may increase my chance of being sent home to do DV via CP! If I wait to submit DS-260 until AFTER I return to the U.S. in August, I can honestly answer 'no' to that question (and that line of questioning never goes further....i.e., simpler border crossing). Am I crazy...

3. In reading the FAQs and this forum, i do not need to worry about waiting 60 days after re-entering the U.S. to submit the DS-260/pay the fee -- right?
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1&2. Considering you’ve already figured out your CN is unlikely to become current in the first 3 months of your FY (last 3 months of 2024), you do not gain any brownie points submitting the DS260 form or making the DV administrative fee payment early.
3. I think you should review that section again.
 
Sm1smom said:
1&2. Considering you’ve already figured out your CN is unlikely to become current in the first 3 months of your FY (last 3 months of 2024), you do not gain any brownie points submitting the DS260 form or making the DV administrative fee payment early.
3. I think you should review that section again.
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Thank you. On my Q3 above, I read the relevant FAQ again. My understanding of the answer as it relates to my situation is:

Non-USCs always at risk of denied entry no matter what
USCIS does not need to follow DOS policies
My primary intent is to return to the U.S. for ongoing university studies under F-1 (not primarily for AOS)

So considering the totality of the circumstances, I believe I can submit the DS-260 right after I get back without introducing new risks as long as I'm honest at the border on all questions. Is this a reasonable conclusion?
 
azatinusa said:
Thank you. On my Q3 above, I read the relevant FAQ again. My understanding of the answer as it relates to my situation is:

Non-USCs always at risk of denied entry no matter what
USCIS does not need to follow DOS policies
My primary intent is to return to the U.S. for ongoing university studies under F-1 (not primarily for AOS)

So considering the totality of the circumstances, I believe I can submit the DS-260 right after I get back without introducing new risks as long as I'm honest at the border on all questions. Is this a reasonable conclusion?
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You could draw that conclusion and submit your DS260 form as soon as you return if you like, as long as you’re also mindful of this part of the response to the 90 days wait question that says:
“Of course the IO at the time of the interview can always follow up on what the intent was when one originally entered the US regardless of if you filed immediately or if you waited for 90 days before filing”
 
Sm1smom said:
You could draw that conclusion and submit your DS260 form as soon as you return if you like, as long as you’re also mindful of this part of the response to the 90 days wait question that says:
“Of course the IO at the time of the interview can always follow up on what the intent was when one originally entered the US regardless of if you filed immediately or if you waited for 90 days before filing”
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Thanks again, Mom. In your many years as super moderator on this forum, do you recall any real-life cases reported by forum members of having an IO question original intent in a DV AOS case?
 
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