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on F1 and just won the lottery: very confused

D

Dunavis

Registered Users (C)
Dear all,

I was just notified that I am one of the selectees for the DV-2010 lottery.

I am currently doing a PhD in the US and am on a F1 visa, which is valid through 2011. I was planning to be away next year for research for my dissertation, but now am reconsidering this decision. The main reason is that my number is rather high (EU 22XXX) and I have gathered that an Adjustment of Statement application via the I-485 would be more of a guarantee for obtaining a green card than CP. Is this really the case?

It would be fantastic if I could just go do my research, while I also apply for a consular appointment. Yet what if all positions fill up by the time of my interview in May or June? Then do I loose my chance altogether? Would it be safer to just apply for an AOS?

I would very much appreciate if anyone could help me with this...

Thanks in advance.
 
Dunavis said:
Dear all,

I was just notified that I am one of the selectees for the DV-2010 lottery.

I am currently doing a PhD in the US and am on a F1 visa, which is valid through 2011. I was planning to be away next year for research for my dissertation, but now am reconsidering this decision. The main reason is that my number is rather high (EU 22XXX) and I have gathered that an Adjustment of Statement application via the I-485 would be more of a guarantee for obtaining a green card than CP. Is this really the case?

It would be fantastic if I could just go do my research, while I also apply for a consular appointment. Yet what if all positions fill up by the time of my interview in May or June? Then do I loose my chance altogether? Would it be safer to just apply for an AOS?

I would very much appreciate if anyone could help me with this...

Thanks in advance.
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First of all, Congratulations on being selected to receive DV2010.

To answer your question. Both AOS and CP carries the same risk. Either AOS via I-485 or CP has no guarantee of obtaining the Green Card. There's always a risk that your CN will never be current in 2010 and there's also a risk that the visa number is exhausted before your they reach your number.

So, in other word, AOS does not guarantee a Green Card. In matter of fact, AOS carries more risk of the possibility not getting the Green Card because of longer processing time. It is possible that even after you filed I-134. your green card application is rejected because the visa number is exhausted.

For higher CN like yours, it is always recommended that you do CP. It is faster and easier to do. Go with AOS if you absolutely can't leave the U.S because of your job or study.
 
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Thanks Gerindo, this has been really helpful. I will just send back my documents and hope for the best. While my CN is really high, stranger things have happened I guess!
 
I was on an F1 visa when i won the DV lottery (DV2009), and didn't have any problems getting my green card.

I chose to do CP though... but every case is unique...

Good luck
 
Hi,

I am on F1 visa which will expire 2012 June. I won the DV lottery and got the letter a few weeks ago dated May 20th. My case number is EU25xxx. I think this is very high and I already have a low chance, but still I am considering CP (not AoS which might take longer). I have seen many responses that say people in my case may lose F1 visa if I ever fail greencard, whether it is technical or legal problem. Please advise what I should do in this case, take the risk and apply for greencard or simply go on with my F1...

Also, is there a deadline to submit DS230 back to KCC? AM I decreasing my chances by waiting because I have the forms for 2 weeks now and still no action taken...
 
scientist2010 said:
Hi,

I am on F1 visa which will expire 2012 June. I won the DV lottery and got the letter a few weeks ago dated May 20th. My case number is EU25xxx. I think this is very high and I already have a low chance, but still I am considering CP (not AoS which might take longer). I have seen many responses that say people in my case may lose F1 visa if I ever fail greencard, whether it is technical or legal problem. Please advise what I should do in this case, take the risk and apply for greencard or simply go on with my F1...

Also, is there a deadline to submit DS230 back to KCC? AM I decreasing my chances by waiting because I have the forms for 2 weeks now and still no action taken...
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There is no definite answer to your question. It is the same question I asked to the forum a year ago. It has been asked many times by many different people but no one can answer it.

In my opinion, every F1 student who got chosen to receive the green card through DV will have a risk of loosing their F1 status but I can only see this happen if you failed getting the green card through the AOS process. It's because once you submit the I-485, you're removing your F1 status and trying to go to another one. So, if you failed to reached that Permanent Resident Status, you lost the F1 status and might have to reapply for a new status or leave the country because you have shown immigrant intent. This has been known to happen in the past and it has been documented by some immigration lawyers. It is one of the biggest flaw that the DV program has because there is no clear written law to what happen if an F1 student failed to obtain Permanent Resident through DV.

Same thing could be said with the CP process but it seems unlikely that the Consular will revoked your F1 visa while you're still in school. In the past, some people have asked the embassy where they are going to be interviewed about it. Some embassy said they will not revoked the F1 visa, and some embassy will not give any answer because either they don't know the answer or a case like that never happen in the embassy.

It will be your decision to go with your DV process or not. No one know for sure what happen if you failed the interview. It will be a risk that you have to think about. Some say the reward of getting the green card outweigh the risk.
 
scientist2010 said:
Hi,
Also, is there a deadline to submit DS230 back to KCC? AM I decreasing my chances by waiting because I have the forms for 2 weeks now and still no action taken...
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The deadline is before the end of September 2010. You can send the form anytime between now and September next year. But, don't send it too close to the deadline, you never know when you will be called for an interview next year.

You will not decrease the chance of getting the visa by waiting unless you waited too long or too close to the deadline. If you waited too long, it's possible that by that time the visa is already exhausted.
 
Thanks for the answers Gerindo. I already read a lot about f1 students who hesistate to apply for green card once they win the lottery. As you said, there is no definite answer and I was actually looking for practical consequences, i.e. any one that you know of who has lost f1 status in such a way or is it just a theory which was never proved by a real case? In fact, I saw a case of some lucky guy who had applied for green card (pending 485 form), and he applied ang successfully got F1 visa in the meanwhile. I don't recall if I read about him in this forum or not, but I want to see a case where somebody lost this case before I give up this big chance.

When I asked about the deadline, I actually wanted to understand if there is any difference sending the forms now and after July 20th (this summer). I will visit my home country and come back on that date and I don't want to be required an advanced parole to come back, so I am planning to submit my forms after that date.

Another question that bugs me about this: Similarly, I have read about cases where f1 students marrying greencard holders have "immigrant intent" and can experience problems. I am plannning to marry my gf next summer AFTER getting my greencard not to complicate things and my gf will be on f1 status by then (not yet). So will she experience problems by showing immigrant intent by marrying me as a supposedly greencard holder? I might abondon this application altogether...

Thanks for any responses in advance...
 
but I can only see this happen if you failed getting the green card through the AOS process.
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The risk with CP is, if they cancel your visa there is no chance to return.

I am plannning to marry my gf next summer AFTER getting my greencard not to complicate things and my gf will be on f1 status by then (not yet). So will she experience problems by showing immigrant intent by marrying me as a supposedly greencard holder? I might abondon this application altogether...
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You complicate things if you marry her after you got the GC and not right now. For sure, they will deny her F-1 because once they see she is married to a GC holder they impute strong immigration intent.
 
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We will get married after I get my GC and she gets her F1. Is that still a problem if she wants to leave the country during her PhD and come back on F1 after a short vacation? Will they find out that we are married and she "changed" her intent towards immigration at the time of entry?
 
You can do this, but I dont understand why you not marry before, so both of you will get a GC. But do whatever you like.
 
Hi,
I also got notification for DV 2010. I am on F1 status. While submitting my DV form i had mentioned that i was single. And my marital status is same everywhere. I got married before coming to USA. Can i change it to married and mention my spouse name while applying for the Green Card for DV 2010? I read in the FAQ maintained by the official site that if i mention now, they will canceal my case too. I am in delima now. Should I mention my spouse name or not. I know the complication of DV green card; one can't bring their spouse until he is a citizen. Can anybody guide me through this.
 
Tazmania said:
You can do this, but I dont understand why you not marry before, so both of you will get a GC. But do whatever you like.
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Tazmania, we opt to get married after I get the GC and she gets the F1 because I also heard that since we are not married yet, they will suspect the faith of the marriage at the time of interview and our chance is even much ower harder to convince that this is not a "fake" marriage. We would love to have both GCs, but the primary purpose is to get me a GC fisrt. She is not obsessed with having a GC and he is OK to stay with an F1 at all times. (and do H1B if needed after PhD)
 
I think, Turkey is not a country where they expect a lot non-genuine marriages. Your are about one year or more away from your interview. If I were you, I would definitely marry asap.
 
aadepetun said:
I was on an F1 visa when i won the DV lottery (DV2009), and didn't have any problems getting my green card.

I chose to do CP though... but every case is unique...

Good luck
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Aadepetun, what was your CN (cas number). Also, how does one check if their case number is current?
 
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