PLEASE, Changing already scheduled CP to AOS or to another CP post!

[contented!]

Hello all,

So before anything, here is my background story. I'm a Malaysian,currently an F1(student) visa holder and been selected as a DV selectee. I've been in the US since 2009 and went back to Malaysia from early Dec to February 2011 (and hoping for my interview to be scheduled then) and finally nothing came and I had to leave for Spain as my semester in the university just started (please note that my F1 visa is still valid even if i am out of the US because i am studying in Spain under an agreement with my American university, meaning my F1 status is still currently valid as i am still 'indirectly' enrolled in the US as a full time student with 18 credits'.

The problem is, I applied for consular processing as my case has been current since November, but my parents finally got my second NL last week saying that an interview was scheduled for me in Malaysia on 3rd March (today!). I know i could have applied for a status change, but i did this instead as I was anticipating being out of the US from Nov till May2011, and I was worried about filing an AOS and not being able to return to us (which means no green card, and no Bachelors degree!!).

I have already notified the US Embassy in Malaysia and they told me to contact the Madrid Embassy to get my case transferred there if they will accept it and if i want to do an AOS, i need to contact USCIS to request for my case transfer (and if they accept it, I need to send my application documents upon re-entering the US in May). The problem now is, Ive spent about 100euros trying to contact the Madrid embassy over the phone and i;ve spent the past 2 weeks trying to contact someone from USCIS to see if they would accept my case... So far, with the embassy, no one can give me an answer and as for USCIS, the only person you get to talk to is a computer. I finally got really impatient today and called literally all the options on the USCIS helpline to talk to anyone from any department, and after 2hrs of trying i finally get to talk to a HUMAN BEING; only to be told that F1 visa holders cannot apply for a status change unless I have a sponsor!! I am sure though that this is not the case as i have seen other F1 visa holders who have successfully changed their status to an immigrant under the DV program.

What do you guys think? Any suggestions for me? Also, i would be grateful if any of you could provide any gov websites about who can apply for status change with specifics mentioning F1 visa being changed to immigrant visa via dv. etc. I've looked for days, no luck so far.

thank you so much for you time!! i really appreciate it!

 

[NuvF]

Well, it is too bad you waited at home for 3 months and did not hear anything, sometimes that type of things happen. But relax you are not out of options.
However..

The option of 'asking USCIS' whether they agree to do AoS for you is a no issue, they will not say anything like that, nor you would need such an answer from them either, to move fwd.

Too bad Madrid is not answering you. Are you IN or near Madrid that you can go visit the embassy?
If then, go tell them the situation and ask them to call for your file from Malaysia and give you an intvw appt. afterward.
If not and you need to travel a lot back and forth for that you may want to forget doing it in Madrid.
Then the option is, ask Malaysia to send the file back to KCC and let KCC know that you will be doing AoS after May after coming back to US. [ here you accept the fact that you got little time till Sept 30th and there may be also a RARE chance that 55k visas run out before Sept]

Then, after getting back to US file i-485.
Follow the thread 'DV 11 AoS only' for what you need to do and what to expect when you choose that route.
Make sure that before you get back, for what ever its worth, that you obtain a police report for you from Spain.

3rd option is ask home embassy to hang on to your file and to give you an appt. in May or June. Then go home and do it. That would be my best bet.

Best!

PS: If you want to do CP in Spain, you will need a police clearance report from Malaysia, do you have that?
if not apply for it ( do it in any case and obtain one)
Hope you know that you need police clearance from ALL place you lived more than 6 mos if you go CP route.