DV2011 changing of visa while waiting for a green card

[krakatit]

Hi,
Here is my issue and I hope that people who were in the same situation as me can help!
My boyfriend (we've been together for 7 years) was "selected for further processing" from the DV lottery 2011. We received the letter at the beginning of May. We got married right away so we can fill the application together. (originally we had planed the wedding to take place in Europe in August.)
We currently live in the US and he is on J-1 visa ( does not have the 2 year residency requirement) and I am on F-1 visa. We have tickets to go back to Europe for the summer and I was planing to change my visa from F-1 to J-2, because my F-1 is expiring June 30th.
The reason I need J-2 is that I can go back home for the summer, come back in US in September and go for Consular Processing back home whenever we are called. While waiting for the interview I want to maintain my legal status in US.
My question is can I apply for change of visa in my country after we have sent the DSP 122 and DS - 230 forms for further processing in KCC or that will conflict with my green card process applications.
Thank you !

 

[tmfl]

My question is can I apply for change of visa in my country after we have sent the DSP 122 and DS - 230 forms for further processing in KCC or that will conflict with my green card process applications.
Thank you !

Congratulations!!
Yes, you "can", however, USCIS/DOS/POE officer(=ICE) interpret your submission of DSP/DS forms as evidence of immigration intent. Your success of visa change depends on how much the consul at the interview takes it seriously in your case. As far as I know immigrant intent is major reason of F, J visa denial. Even if you get J2 visa stamp, you and your spouse will take similar risk when you reenter US at POE. In my opinion there are 2 safer senarios: (1) You don't leave US until you are called for interveiw. Change your status in US, then send forms back to KCC. I don't know how long it takes for F1 -> J2 status change. I believe J2 is much quicker and easier than J1. Ask a visa advisor of your school/college. J2 can go to school and can get EAD if you need to work.
(2) Get J2 visa stamp outside US. Send DS/DSP forms right after you come back from your summer trip in September. September is a bit late, but not too late. Your chance may vary depending on your region, country and CN.

 

[dviste2011]

Hi all,

I got similiar questions:

I have been notified EU21xxx for DV-2011 and I have sent to KCC the DSP-122 and DS-230 forms.

- My current employer offers me an opportunity to work for an Incorporate company in California. Am I allowed to apply for L-1 visa with a dv immigrant visa pending ?

- Be candidate for an immigrant visa (DV1) and a non-immigrant visa (L1), is it considerate as a visa fraud ? or allowed by dual intent concept ?

Thanks for your help,

 

[tmfl]

- My current employer offers me an opportunity to work for an Incorporate company in California. Am I allowed to apply for L-1 visa with a dv immigrant visa pending ?

- Be candidate for an immigrant visa (DV1) and a non-immigrant visa (L1), is it considerate as a visa fraud ? or allowed by dual intent concept ?

Thanks for your help,

Hi dviste2011, where are you? Maybe outside US?
I think L1 should be fine, but please do not believe in my thought. In any case you need to communicate with an immigration lawyer taking care of your company's VISA application before you file L1 petition. The lawyer will give you right answer.