DV & F1 related problems

[ClaudiaC]

Hi everyone,

I just got selected by the DV2024 program but I'm going to the United States in Fall 2023 with my F1 Visa for MS
My case number is AS12XXX btw so generally I think I can get my 2NL in around Feb 2024

So obviously there are 2 options for me to get my green card.

1. Entry the States with my F1 visa then go through the AOS process
pros: AOS is faster than CP? (not sure if it's not stuck now)
cons: more complicated than CP and I have to wait for 90 days after entry to file the i495.

2. submit my DS260 and go through the CP process

timing 1: NOW and hope KCC will send my 2NL soon so I can get a green card before August.
pros: get a GC soon
cons: if I somehow get denied, I might not be able to enter the States cuz the DS260 record

timing 2: around Oct
pros: most regular process
cons: have to fly back to my country and wait for the medical examination or sth and a lot of things & if I somehow get denied, I might not be able to enter the States cuz the DS260 record

I understand that there always are pros and cons for each process, but any suggestions would be appreciated!

 

[Sm1smom]

1. There’s no such thing as a 90 day wait to use in overcoming preconceived immigrant intent prior to being admitted into the US. It is a myth which USCIS is not bound by.
2. 2024 FY starts in October. With your 12xxx CN which will most certainly not become current until 2024, you most definitely will not be getting your 2NL for CP in August 2023.

You may want to hold off on submitting the DS260 form for now and focus on getting to the US to start your Masters program. In the interim gather as much information as you can to enhance your understanding of what both CP and AOS processing options entail. You can find the pros and cons of both on the AOS Process Spreadsheet - you’ll find the link to that in the signature section of any of my posts, or one the first post on page one of any of the AOS Process only thread.

 

[ClaudiaC]

1. There’s no such thing as a 90 day wait to use in overcoming preconceived immigrant intent prior to being admitted into the US. It is a myth which USCIS is not bound by.
2. 2024 FY starts in October. With your 12xxx CN which will most certainly not become current until 2024, you most definitely will not be getting your 2NL for CP in August 2023.

You may want to hold off on submitting the DS260 form for now and focus on getting to the US to start your Masters program. In the interim gather as much information as you can to enhance your understanding of what both CP and AOS processing options entail. You can find the pros and cons of both on the AOS Process Spreadsheet - you’ll find the link to that in the signature section of any of my posts, or one the first post on page one of any of the AOS Process only thread.

Wow, thanks!
So is the so-called 90 days rule just a rumor?
I mean I don't mind waiting but it's better to set it down soon I think
and yeah I've read the AOS Process Spreadsheet and thanks a lot for those info

 

[Sm1smom]

I already explained the 90 day rule is non binding on USCIS. Such an intent can always be questioned by USCIS at any point in time. Waiting 90 days prior to filing for AOS is not an automatic panacea for overcoming a preconceived immigrant intent.

 

[ClaudiaC]

I already explained the 90 day rule is non binding on USCIS. Such an intent can always be questioned by USCIS at any point in time. Waiting 90 days prior to filing for AOS is not an automatic panacea for overcoming a preconceived immigrant intent.

ok, got it. Thank you so much!