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Husband & wife - DV2007 winners

A

Anahit

Registered Users (C)
My sister and her husband, both won DV2007 lottery. :)
I have some questions about the process. I keep getting auto replies to my e-mails to KCC, even after sending it with the phrase "Case Number" in the subject line (the auto-reply instructs you to do so if you're inquiring about your case).
Here are my questions:
1. Should we disregard the Notification letter with a greater number?
2. My brother-in-law is here on B2 visa which expires on October 5th. He wants to do AOS. Can he do AOS, and my sister with children - CP?
3. If he does AOS, at what point he would be considered to have a pending case, and not worry about getting out of status?
4. Would he need to extend his B2 visa?

Thanks in advance!
Your input is greatly appreciated!
 
your BIL can file AoS no earlier than October 1 2006.i think he technically needs to get "received" notification, so as not to count as out-of-status.

AoS for him and CP for her are in principal possible but I would strongly advise against it- sounds like a recipe for disaster. one would get green card, the other won't, cases will get lost or mixed up. AoS can also get stuck and not get done in time, in which case the win is null and void. so i wouldn't disregard anything, would send both cases back for further processing, choose AoS on the earlier, CP on the later (since CP is faster) and do whatever comes first... how far apart are the numbers? what are they approx?
 
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virsavo said:
your BIL can file AoS no earlier than October 1 2006.i think he technically needs to get "received" notification, so as not to count as out-of-status.

AoS for him and CP for her are in principal possible but I would strongly advise against it- sounds like a recipe for disaster. one would get green card, the other won't, cases will get lost or mixed up. AoS can also get stuck and not get done in time, in which case the win is null and void. so i wouldn't disregard anything, would send both cases back for further processing, choose AoS on the earlier, CP on the later (since CP is faster) and do whatever comes first... how far apart are the numbers? what are they approx?
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Thanks for your response. So, you're suggesting to send both back?
Her number is only 161 greater than his. They both are EU00005XXX.
 
Here is the response e-mail I got from KCC:
"Thank you for your inquiry.

Be advised that you should continue to process each DV case seperately. Once the numbers become current, you would only process one to interview. It will be your decision as to whether, your wife will do consular processing in Yerevan as principal applicant, and then you follow to join AOS here in the states or if you file AOS as principal applicant and your family files a follow to join through Yerevan.

Instructions for Adjustment of Status are listed below:

If you are in the United States, you may be eligible to apply to the Citizenship and Immigration Services (CIS) for adjustment of status. Please note that the laws regarding adjustment of status have recently changed. The option to adjust status may no longer be available to all applicants. To determine whether you are eligible to adjust your status you MUST contact the CIS. Once the CIS confirms your eligibility to adjust status they will provide you with the additional information that you need. When contacting your local CIS office they may inform you that will not be eligible to file your adjustment until the beginning of the fiscal year, which will be October 1 of each program year.
If the CIS determines that you are eligible to adjust status you will be required to pay a non-refundable diversity-processing fee of $375.00 per person directly to the Department of State. Information regarding where this fee should be paid is included in your winning notification packet. This fee is assessed to cover cost incurred by the Department in running the lottery selection process and is separate from any fees you will need to pay the CIS as part of your adjustment application. Failure to pay this fee may result in the loss of your diversity visa. (Please mail the diversity-processing fee to the address given below.)

U.S. Department of State
Diversity Visa Program
P.O. Box 371989
Pittsburgh, PA 15262-0001

We do request that you complete and return the DSP-122 to the Kentucky Consular Center so that we may update your file. Question 4 of this form states: "Name of United States Consular Office where you would like to process your application". When adjusting status with the Citizenship and Immigration Service, please list the address of your local CIS office.

Follow to join procedures are listed below:

The beneficiary must go to the embassy at which he or she wishes to process the case and request for the follow-to join process to be initiated. Once requested, the embassy will obtain the necessary documentation from the applicant. The proper procedures will be implemented to ensure that the case is processed accordingly. Please be advised that all processing must be completed prior to September 30, 2007."
 
I sent DSP-122 for my BIL to KCC to let them know that he is choosing AOS. Should I wait for anything to send the fee for $375.00 to PA?
Looks like the case could be denied if I sent the forms for AOS on October 1st when his number - EU5XXX might still not be current. So, to avoid any problems, I guess, it would be safer to file for the extension of his B2 visa (it expires on October 5th), and then wait for his number to become current. In that case what if they deny it, and he is out of status by the time of filing for AOS?
Please advise!
 
I need your help, guys!!!!!!!

My brother-in-law has chosen AOS. He needs to make the DV fee payment to PA. The problem is that you should write your case number on the receipt when making payment. As you know, him and his wife, my sister, both won. At this point we don't know which case they would follow. It would probably be the one with earlier interview date. However, it is hard to tell which one.
So, he does not know which case number he should put on the recept - his, his wife's or maybe both?
Here is the answer he got from KCC:
"Thank you for your inquiry. You may submit one case number on your receipt. This fee is non-transferable to any other case."
What does "may" mean. Does it mean he "may" submit both, as well?
If he puts his case number, then ends up following his wife's case, does it mean he will need to pay the fee twice? Is there any way he can get away with one payment?
Please help!
 
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One more thing.
I sent the DSP-122, and DS-230 for the whole family to KCC for my sisters case. There was nothing in those forms to indicate that her husband is going to do the AOS. Are they going to find out about it when they receive his fee payment?
Or did I miss something?
 
I would suggest to make up mind to which case to follow first and thumb rule is to follow the previous years statistics for cut off dates.

Once mind is made up and the number is current then file AOS.USCIS will determine from DV case number and receipt of payment and information provided in I-485 abt.being a derivative beneficiary.Once your sister case will be approved at Consulate then USCIS will start working on the AOS case.
 
Jugnu786 said:
I would suggest to make up mind to which case to follow first and thumb rule is to follow the previous years statistics for cut off dates.

Once mind is made up and the number is current then file AOS.USCIS will determine from DV case number and receipt of payment and information provided in I-485 abt.being a derivative beneficiary.Once your sister case will be approved at Consulate then USCIS will start working on the AOS case.
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Thank you!
The numbers are between the range EU5500 - EU6000. Based on last year's visa buletin, both numbers will be current in January.
Is there a due date for the DV AOS fee payment, or you can pay it anytime before your interview date?
 
There is no due date but they do ask for it at the time of interview.Most of the winner tend to pay earlier to avoid any possible delay.There might also be a correlation between fee payment and transfer a visa number to USCIS.In my opnion you can wait on it and even pay it after I-485 submission.
 
Jugnu786 said:
There is no due date but they do ask for it at the time of interview.Most of the winner tend to pay earlier to avoid any possible delay.There might also be a correlation between fee payment and transfer a visa number to USCIS.In my opnion you can wait on it and even pay it after I-485 submission.
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I appreciate your input!
 
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