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DV AOS and Pending Marriage based AOS

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DV2006NYC

Registered Users (C)
Hello, I am new to this forum and wish I knew this site before when I was preparing for AOS based on marriage (my hubby is a USC)!

I have recently received the winning letter from KY and my number is low (ASxxx). I would like to do AOS but here is the problem...

I was out of status for about 3 months before I filed marriage based AOS (in April 2005) because my H1B visa extension was denied (got notice letter in Feb 2005). I didn't go back to my country because my wedding was in 2 months and I was also taking master's courses while I had my H1B case pending. My question is that am I able to do AOS based on DV while I have marriage based AOS pending and I was out of status before? The reason I want to do DV is it's quicker than marriage based AOS, I read that it is taking about 2 years to get interview in NYC so I thought it would be nice if I can do AOS based on DV and get everything done by Sept. 2006...

If anyone know anything about DV AOS and marriage AOS, please let me know! Thanks in advance for your help and good luck to all of us!
 
winner2006

im not an expert but i think they still consider you if you have been in the country illegally for less than six months. talk to an immigartion lawyer.
 
illegal stay is only forgiven if AOS is based on marriage to USC. But we are talking about 180 days or more of it.
 
Thank you for the reply.

So, is I didn't stay illegal more than 180 days, I can still do AOS? My H1B extension was denied and I got notice on Jan. 20 2005 but I didn't go home because I was already engaged and was taking master's classes. I got married on March 25, 2005 and filed AOS and all in April 28. I received NOA on May 26, 2005 (they received my file on May 1) so I was out of status for couple of months but no more than 180 days. Although, my I-94 has been expired more than 180 days while my H1 extension case was pending (the case took too long...) Doing AOS in NYC is pain and stressful but I hope something good happens to all of us...

Have a good day!
 
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