Adjustment of Status - HELP

[liews0524 0]

Hi,

I graduated from my master program in the United States a week ago and my application for Optional Practical Training (OPT – Form I-765) just got approved. I am also selected for diversity visa 2015 program and I have few questions regarding the further processing of diversity visa lottery.

According to the instructions for diversity immigrant visa program, I may apply to USCIS for adjustment of status to permanent resident but not DS-260 Immigrant Visa and Alien Registration Application. Therefore, I should apply through USCIS instead of Department of State because I am legally residing in the United States. Is that true? It also seems like I have a higher probability of getting the visa, is that right?

My fiancée and I are thinking to get married this year but we are wondering if that would influence/disqualify the visa application. Can anyone provide some guidance in my situation?

Any guidance would be greatly appreciated.

Thanks!

[SusieQQQ 11,584]

Hi,

I graduated from my master program in the United States a week ago and my application for Optional Practical Training (OPT Form I-765) just got approved. I am also selected for diversity visa 2015 program and I have few questions regarding the further processing of diversity visa lottery.

According to the instructions for diversity immigrant visa program, I may apply to USCIS for adjustment of status to permanent resident but not DS-260 Immigrant Visa and Alien Registration Application. Therefore, I should apply through USCIS instead of Department of State because I am legally residing in the United States. Is that true? It also seems like I have a higher probability of getting the visa, is that right?

My fiancée and I are thinking to get married this year but we are wondering if that would influence/disqualify the visa application. Can anyone provide some guidance in my situation?

Any guidance would be greatly appreciated.

Thanks!

Ok, I don't know about AOS so will leave to someone else that bit - other than to note you must be in status when you apply for AOS.

Re the other things:

- I'm not sure what you mean by "higher probability". What is your case number? (There is no "ranking" other than case numbers.) That will determine when your interview is. As to whether or not you get the visa - basically as long as you meet the eligibility requirements and there are still visas available, you will get it.

Re your fiancée - if you are married she can apply as a derivative to your application and get a green card too. Given the timing of the marriage (after selection) you will be required to show proof of a bona fide relationship so they can be sure it is not a "green card marriage".

[liews0524 0]

Thanks for your reply and I really appreciate that. My case number is 2015AS14XXX. Will I get an early interview? Should I apply as soon as possible? Does it make any difference?

I think I need to apply this visa with AOS...If I am married, can my wife apply as a derivative to my application through AOS with me? She is studying in the United States.

If I want to avoid the "green card marriage", should I get married before I submitted my application or the scheduled interview?

[SusieQQQ 11,584]

Hm. If AS14xxx (and not 14xx) it will be late interview, judging by this year the earliest you could expect it would be August 2015. And you need to watch this years bulletins as some think numbers that high may not even get interviewed. So there is no rush at all to send in your forms yet. As I said I am not an AOS expert but remember you need to be in status when you file for AOS, and you can't file for AOS earlier than a month before you become current, so while I don't know much about the details your OPT etc must not be out of status when you file or you will be denied immediately. The other issue is that with your number so high, again I am not the expert, but the experts seem to advise against AOS when your interview is so late as it may not get completed by the end of the fiscal year (in which case the application just lapses). So you need to find some AOS experts and think carefully about whether you shouldn't rather do consular processing, which is quick and easy (apart from the flying back home aspect obviously).

Any marriage after you have been selected will be viewed as a potential green card marriage so it's too late to "avoid" that; make sure you have enough evidence to prove it's a bona fide relationship. It doesn't really matter when you do it from now as long as it's before the interview, but as there is no rush with the forms I'd suggest do it before you send the forms in for ease, otherwise you will need to update yours as well as send in your new wife's later on.

[SusieQQQ 11,584]

I suggest you go onto this site http://community.immigration.com/threads/dv-2015-aos-only-new-thread.7/ , examine properly the spreadsheet linked in the first post and then if you still have questions post them there - to get properly informed answers.

[adinutzyc21 2]

I'm not an expert either (far from it!) but you do not need to apply using AOS. You have to decide whether CP or AOS is the better choice for you.

[liews0524 0]

Hm. If AS14xxx (and not 14xx) it will be late interview, judging by this year the earliest you could expect it would be August 2015. And you need to watch this years bulletins as some think numbers that high may not even get interviewed. So there is no rush at all to send in your forms yet. As I said I am not an AOS expert but remember you need to be in status when you file for AOS, and you can't file for AOS earlier than a month before you become current, so while I don't know much about the details your OPT etc must not be out of status when you file or you will be denied immediately. The other issue is that with your number so high, again I am not the expert, but the experts seem to advise against AOS when your interview is so late as it may not get completed by the end of the fiscal year (in which case the application just lapses). So you need to find some AOS experts and think carefully about whether you shouldn't rather do consular processing, which is quick and easy (apart from the flying back home aspect obviously).

Any marriage after you have been selected will be viewed as a potential green card marriage so it's too late to "avoid" that; make sure you have enough evidence to prove it's a bona fide relationship. It doesn't really matter when you do it from now as long as it's before the interview, but as there is no rush with the forms I'd suggest do it before you send the forms in for ease, otherwise you will need to update yours as well as send in your new wife's later on.

Sorry for the confusion. My case number is 2015AS00014XXX. Is that going to be a late interview? August 2015? So there is no deadline for sending all the documents?

Thanks for the link and I found it very useful!

Edited May 26, 2014 by liews0524