Timeframe/AOS -> Going to US on L-1 visa while waiting on outcome of DV visa application

[OnTheGo]

Before seeing myself digging here again for hours...can someone please tell me what the implication is of going to the US on an L-1 visa, while waiting on the outcome of our DV visa application? We have put down Frankfurt for this, but in case we were going to move to the US within the next few months on the basis of the L-1, is it possible or even recommended to change the place for the DV interview to a US location and do an adjustment of status (AOS) there, or would it be better to leave it at Frankfurt and essentially fly back and forth for the purpose of having the DV interview?

I cannot remember what it was, but there were discussions here about some complications with doing an Adjustment of status, but not sure what it was in relation to.

 

[Britsimon]

Before seeing myself digging here again for hours...can someone please tell me what the implication is of going to the US on an L-1 visa, while waiting on the outcome of our DV visa application? We have put down Frankfurt for this, but in case we were going to move to the US within the next few months on the basis of the L-1, is it possible or even recommended to change the place for the DV interview to a US location and do an adjustment of status (AOS) there, or would it be better to leave it at Frankfurt and essentially fly back and forth for the purpose of having the DV interview?

I cannot remember what it was, but there were discussions here about some complications with doing an Adjustment of status, but not sure what it was in relation to.

Ho OnTheGo

That situation is basically the same as mine. Right now I am waiting (still!) for my H1 application that would start from Oct 1. I plan to move to the States around that time. I am planning to make a decision about CP or AOS but my case number (slightly lower than yours) is a potential problem - more for aos than CP.

As far as I can tell, AOS is "typically" slower than CP. You are relying on a local office in the States who may or may not treat your case as urgent. If they cause delays that cause the case to go past September 30, you lose the GC.

CP on the other hand is faster but will involve (probably) more than one trip home. The first will be for the medical that has to be done after you get your appointment date but sufficiently early for the medical report to be ready for the interview. You probably need a week (minimum) between medical and interview - and you'll have to pay the panel doctor whatever they want for any injections they say are required because you won't have time to do it through your own doctor.

Then you have your interview and at the end of a successful interview, they keep your passport. Some people pick up their passport rather than waiting for it to arrive in the mail but you obviously can't go back to the USA without it.

So - both methods have drawbacks and with aos, timing could ruin the whole thing (whereas CP will just be very inconvenient/expensive). IN DV2013 the Eu number were 31k in June (I would have missed that by a few hundred CNs) and 33K for July (I would have been in that month but you would have waited another month). If the same happens again I would be facing starting AOS in July and you in August. Mine would be tight, yours would be very risky. So - I am going to watch the VBs and try to predict when I will be able to start. I'll make my decision around Jan/Feb - and if I think my number will sneak into May or June, I will probably go AOS. If I was looking at July I might go AOS. If it were August I would NOT go AOS.

Hope that helps. I have YET to read the AOS threads (there are some very long threads for 2013 and before) - so my timing assumptions might be off. I think my plan (to wait and see and maybe do AOS) got the sm1smom seal of approval (which I value), so for now it is a wait and see game...

Simon

 

[OnTheGo]

Many thanks, Simon! Oh, so it is the possibility of an AOS to be dragged on by a local US authority ... if that can happen and lead to missing the all important Sep 30th deadline, it surely is a big risk! You'd think there is some urgent priority given in such a case.
On the other hand, once we were in the US with at least my wife working, it might be difficult to travel back for (more than) 2 weeks in order to do medicals, attend the interview AND wait for the passport back (plus get all our stuff shipped). Unless she'd be able to get some extra unpaid leave, in which case we might actually prefer the CP route...as it sounds like a much smoother and more efficient process.

For anyone else here wondering...this is about the decision whether you should do an AOS (adjustment of status) from being in the US legally on a non-immigrant visa OR stick to the CP (consular processing) in your home country which you would have put down in your immigration application (DV lottery).

To find out more, you can google something like [cp or aos].

 

[Britsimon]

I was just reading the last few posts in the "DV 2013 AOS Only" thread. Makes scary reading, timewise. I'm sure some cases go through fast and efficient but AOS in July/Aug/September seems like a gig gamble. Actually, starting in September would be CRAZY.

 

[Sm1smom]

I was just reading the last few posts in the "DV 2013 AOS Only" thread. Makes scary reading, timewise. I'm sure some cases go through fast and efficient but AOS in July/Aug/September seems like a gig gamble. Actually, starting in September would be CRAZY.

Reading the last couple of posts on the AOS threads makes the process look very scary, and it doesn't quite do the entire process any justice. My suggestion for anyone contemplating AOS would be for them to take their time and go over previous AOS threads (yes, those threads are long, but you can skip over redundant posts on the threads, you don't have to read everything line by line).

Here's a quick comparison of AOS and CP (applicable to those currently in the US, or likely to be before their CN become current):

AOS:

• $330 DV administrative fee + $1070 AOS fee
• longer processing time from when CN is current: 1-3 months
• entire process takes place in the US, no need for overseas trip
• no PCC required from other country(ies) of abode
• FBI fingerprint clearance
• principal applicant and dependents can apply for work permits and travel documents with a pending I-485
• waiting for interview letter, following the submission of I-485 package could be quite stressful
• DV qualification requirements more loosely interpreted
• access to others for help in making enquiries about your case – e.g. congressman/woman’s office
• appeal might be possible

CP

• $330 DV administrative fee + $165 USCIS fee
• shorter processing time – most interviews takes place the same month CN is current
• PCC required from all countries of residence since turning 16
• must travel with very short notice for medical exam and interview oversea
• disruption to family life - take time off work, possibly take kids out of school for the duration of the trip oversea
• security clearances could delay visa issuance for several weeks or months
• being in AP precludes immediate return to the US
• tighter interpretation given to DV requirement qualification
• denial is final, no appeal of denial
• possible loss of current status (especially if you do not have a dual-intent visa)
• may be inadmissible to the US

 

[OnTheGo]

That is an awesome comparison chart, Sm1smom ... thanks heaps! Quite some distinct differences that I had absolutely no idea about...for instance, from a pure cost point of view..the difference in fees can almost pay for two return flights between USA and EU. I assume these fees are per person in a husband and wife scenario. Then again, if we were doing CP, we'd be burning over $300 each in police checks from AUS alone (if it's true that non-US police checks were not required for AOS processing)!
It's crazy that those with case numbers turning current more towards the end of a DV period have to fear to completely losing out as a result of a possible slow AOS processing. Based on past history, I don't expect for our CN to turn current prior to Aug (possibly Jul) 2014. Doing it as an AOS (should my wife be succeeding with a job transfer from EU to USA) might really be pushing our luck too much (with view to Sep 30, 2014)...just like Simon said.

 

[Britsimon]

Reading the last couple of posts on the AOS threads makes the process look very scary, and it doesn't quite do the entire process any justice. My suggestion for anyone contemplating AOS would be for them to take their time and go over previous AOS threads (yes, those threads are long, but you can skip over redundant posts on the threads, you don't have to read everything line by line).

Here's a quick comparison of AOS and CP (applicable to those currently in the US, or likely to be before their CN become current):

AOS:

• $330 DV administrative fee + $1070 AOS fee
• longer processing time from when CN is current: 1-3 months
• entire process takes place in the US, no need for overseas trip
• no PCC required from other country(ies) of abode
• FBI fingerprint clearance
• principal applicant and dependents can apply for work permits and travel documents with a pending I-485
• waiting for interview letter, following the submission of I-485 package could be quite stressful
• DV qualification requirements more loosely interpreted
• access to others for help in making enquiries about your case – e.g. congressman/woman’s office
• appeal might be possible

CP

• $330 DV administrative fee + $165 USCIS fee
• shorter processing time – most interviews takes place the same month CN is current
• PCC required from all countries of residence since turning 16
• must travel with very short notice for medical exam and interview oversea
• disruption to family life - take time off work, possibly take kids out of school for the duration of the trip oversea
• security clearances could delay visa issuance for several weeks or months
• being in AP precludes immediate return to the US
• tighter interpretation given to DV requirement qualification
• denial is final, no appeal of denial
• possible loss of current status (especially if you do not have a dual-intent visa)
• may be inadmissible to the US

That is really useful - thanks sm1smom!