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Greencard via DV-2012 or through marriage?

S

shinkansen

Registered Users (C)
My partner is a winner of DV-2012 and as of June, able to submit for AOS... I'm in the N-400 process right now and expect to be a USC by late July based on current timelines.

We're not sure if it's best for her to wait (she's is already in the US on H1B) until I'm a citizen and apply for GC through me, or apply for it now based on DV2012. Are there any pros / cons to either option other than a marriage based GC would be conditional for 2yrs based on marriage to me. Are the fees the same. Timelines quicker for family-based on DV winners?

After some research, looks like it might be less paperwork to use the DV-2012 route... As she is in the US, file DSP-122 etc. If she does this, at what point is she able to remain in the US (If her H1B expires before DV process complete) and work? Remain in the US as soon as USCIS provide notification of receiving I-485? And work when either get GC approved, or EAD?

Thanks.
 
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shinkansen said:
My partner is a winner of DV-2012 and as of June, able to submit for AOS... I'm in the N-400 process right now and expect to be a USC by late July based on current timelines.

We're not sure if it's best for her to wait (she's is already in the US on H1B) until I'm a citizen and apply for GC through me, or apply for it now based on DV2012. Are there any pros / cons to either option other than a marriage based GC would be conditional for 2yrs based on marriage to me. Are the fees the same. Timelines quicker for family-based on DV winners?

After some research, looks like it might be less paperwork to use the DV-2012 route... As she is in the US, file DSP-122 etc. If she does this, at what point is she able to remain in the US (If her H1B expires before DV process complete) and work? Remain in the US as soon as USCIS provide notification of receiving I-485? And work when either get GC approved, or EAD?

Thanks.
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I would assume DV is the fastest. you have not indicated the CN number which will be an indicator as to approximatly when the interview will take place.
 
Dv2012AFTAZ said:
I would assume DV is the fastest. you have not indicated the CN number which will be an indicator as to approximatly when the interview will take place.
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All numbers in DV 2012 are current this month so that's not an issue. The issue is, did she already start the AOS process and is she going to have time to finish the AOS process before September 30, 2012?
 
There is one advantage with getting the GC thru marriage with a citizen. She can become a citizen after 3 years and not 5 years.
 
Wildcatter said:
All numbers in DV 2012 are current this month so that's not an issue. The issue is, did she already start the AOS process and is she going to have time to finish the AOS process before September 30, 2012?
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She hasn't started the process yet. What do you mean by "Is she going to have time to finish the AOS process...". Does everything need to be approved before Sept 30 2012?
 
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