Sm1smom

Op - If your wife is already in the USA and her authorized stay has not expired, she is eligible to file for AOS. The F2A Family sponsored visa category is current, so yes you/she can concurrently file both I-130 and I-485 now. I don’t get why some in this forum continue to make the blanket statement of only the spouse of a USC is eligible to file for AOS. That is absolutely not true. As long as the spouse of a LPR was legally admitted into the US, their authorized stay has not expired, and the visa category is current, (and of course the decision to file for AOS was made after their admission to the US), the spouse of a LPR is AOS eligible. The USCIS Manual debunks this myth of the spouse of a LPR not being eligible to file for AOS as it lists the relatives of a LPR as one of the categories eligible to file for AOS:
 
Noncitizens eligible for adjustment of status generally may apply based on one of the following immigrant categories or basis for adjustment:
Other relative of a U.S. citizen or relative of a lawful permanent resident under a family-based preference category; [3] 
[^ 3] This category includes the following family-based preference immigrant classifications: unmarried sons and daughters, 21 years of age and older, of U.S. citizens; spouses and unmarried children, under 21 years of age, of lawful permanent residents; unmarried sons and daughters, 21 years of age and older, of lawful permanent residents; married sons and daughters of U.S. citizens; and brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age or older). See INA 203(a). 
 
Yes, maintaining a valid status while the AOS application is pending is recommended, it is NOT a required condition for AOS approval. This is recommended as it ensures one has a valid fall back status if the AOS application is denied for some other (not related to falling out of status following AOS filing). This shouldn’t be a source of concern IMO, if there’s no glaring reason for the AOS to be denied.
 
You however need to be aware your wife will not be able to work or depart from the US until after her I-765 (for EAD) and I-131 (for AP) have been approved, these can take several months after filing to get approved. If she departs from the US without an approved AP while her AOS application is pending, the application will be deemed abandoned and subsequently denied. 

Op - If your wife is already in the USA and her authorized stay has not expired, she is eligible to file for AOS. The F2A Family sponsored visa category is current, so yes you/she can concurrently file both I-130 and I-485 now. I don’t get why some in this forum continue to make the blanket statement of only the spouse of a USC is eligible to file for AOS. That is absolutely not true. As long as the spouse of a LPR was legally admitted into the US, their authorized stay has not expired, and the visa category is current, (and of course the decision to file for AOS was made after their admission to the US), the spouse of a LPR is AOS eligible. The USCIS Manual debunks this myth of the spouse of a LPR not being eligible to file for AOS as it lists the relatives of a LPR as one of the categories eligible to file for AOS:
 
Noncitizens eligible for adjustment of status generally may apply based on one of the following immigrant categories or basis for adjustment:
Other relative of a U.S. citizen or relative of a lawful permanent resident under a family-based preference category; [3] 
[^ 3] This category includes the following family-based preference immigrant classifications: unmarried sons and daughters, 21 years of age and older, of U.S. citizens; spouses and unmarried children, under 21 years of age, of lawful permanent residents; unmarried sons and daughters, 21 years of age and older, of lawful permanent residents; married sons and daughters of U.S. citizens; and brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age or older). See INA 203(a). 
 
Yes, maintaining a valid status while the AOS application is pending is recommended, it is NOT a required condition for AOS approval. This is recommended as it ensures one has a valid fall back status if the AOS application is denied for some other (not related to falling out of status following AOS filing). This shouldn’t be a source of concern IMO, if there’s no glaring reason for the AOS to be denied.
 
You however need to be aware your wife will not be able to work or depart from the US until after her I-765 (for EAD) and I-131 (for AP) have been approved, these can take several months after filing to get approved. If she departs from the US without an approved AP while her AOS application is pending, the application will be deemed abandoned and subsequently denied. 

Op - If your wife is already in the USA and her authorized stay has not expired, she is eligible to file for AOS. The F2A Family sponsored visa category is current, so yes you/she can concurrently file both I-130 and I-485 now. I don’t get why some in this forum continue to make the blanket statement of only the spouse of a USC is eligible to file for AOS. That is absolutely not true. As long as the spouse of a LPR was legally admitted into the US, their authorized stay has not expired, and the visa category is current, (and of course the decision to file for AOS was made after their admission to the US), the spouse of a LPR is AOS eligible. The USCIS Manual debunks this myth of the spouse of a LPR not being eligible to file for AOS as it lists the relatives of a LPR as one of the categories eligible to file for AOS:
 
Noncitizens eligible for adjustment of status generally may apply based on one of the following immigrant categories or basis for adjustment:
Other relative of a U.S. citizen or relative of a lawful permanent resident under a family-based preference category; [3] 
[^ 3] This category includes the following family-based preference immigrant classifications: unmarried sons and daughters, 21 years of age and older, of U.S. citizens; spouses and unmarried children, under 21 years of age, of lawful permanent residents; unmarried sons and daughters, 21 years of age and older, of lawful permanent residents; married sons and daughters of U.S. citizens; and brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age or older). See INA 203(a). 
 
Yes, maintaining a valid status while the AOS application is pending is recommended, it is NOT a required condition for AOS approval. This is recommended as it ensures one has a valid fall back status if the AOS application is denied for some other (not related to falling out of status following AOS filing). This shouldn’t be a source of concern IMO, if there’s no glaring reason for the AOS to be denied.
 
You however need to be aware your wife will not be able to work or depart from the US until after her I-765 (for EAD) and I-131 (for AP) have been approved, these can take several months after filing to get approved. If she departs from the US without an approved AP while her AOS application is pending, the application will be deemed abandoned and subsequently denied. 

Speaking as someone with a deep understanding of DV based processing, I say to the OP
1. You’re stressing over a none issue. 
2. You do not need a lawyer for this. In fact, most selectees do not need the assistance of any lawyer, be it a US based or none-US based attorney. The process is simple and straightforward enough, regardless of DV being time limited. 

Who advised him to apply for adjustment? How do you propose he stay in status while his AOS is pending?  

How is he AOS exactly? Only US citizens can AOS of spouses. If you are not a US citizen your husband's AOS will be denied. 
 
Please clarify.

No, USCIS did not make a mistake by saying you were lawfully present. Being lawfully present does not equate to NOT being out of status. It is possible to be lawfully present and out of status at the same time. 
 
You were deemed lawfully present because you were lawfully admitted into the US. You did not enter the country illegally, hence the note about your being lawfully present. 
 
You however were out of status in view of the fact that you overstayed your authorized stay as shown on your I-94 when you were admitted into the country. You therefore were out of status from Sept. 2015 until Feb. 2020, which is over 3 years of being OOS, that means you’re facing a 10 year bar (effective following your departure) from the US.

Because of the fact that you withdrew your pending AOS application, your overstay dates back to when your I-94 expired. That makes the OOS well over 3 years, not 2.5 years. The overstay between when your I-94 expired and when you filed for AOS wouldn’t have mattered because you filed as the spouse of a USC if you hadn’t withdrawn the I-485 and the petition was approved. The fact about the pending petition becomes irrelevant due to the withdrawn petition and therefore the OOS period dates back to the I-94 expiration date. 

No, USCIS did not make a mistake by saying you were lawfully present. Being lawfully present does not equate to NOT being out of status. It is possible to be lawfully present and out of status at the same time. 
 
You were deemed lawfully present because you were lawfully admitted into the US. You did not enter the country illegally, hence the note about your being lawfully present. 
 
You however were out of status in view of the fact that you overstayed your authorized stay as shown on your I-94 when you were admitted into the country. You therefore were out of status from Sept. 2015 until Feb. 2020, which is over 3 years of being OOS, that means you’re facing a 10 year bar (effective following your departure) from the US.

Because of the fact that you withdrew your pending AOS application, your overstay dates back to when your I-94 expired. That makes the OOS well over 3 years, not 2.5 years. The overstay between when your I-94 expired and when you filed for AOS wouldn’t have mattered because you filed as the spouse of a USC if you hadn’t withdrawn the I-485 and the petition was approved. The fact about the pending petition becomes irrelevant due to the withdrawn petition and therefore the OOS period dates back to the I-94 expiration date. 

No, USCIS did not make a mistake by saying you were lawfully present. Being lawfully present does not equate to NOT being out of status. It is possible to be lawfully present and out of status at the same time. 
 
You were deemed lawfully present because you were lawfully admitted into the US. You did not enter the country illegally, hence the note about your being lawfully present. 
 
You however were out of status in view of the fact that you overstayed your authorized stay as shown on your I-94 when you were admitted into the country. You therefore were out of status from Sept. 2015 until Feb. 2020, which is over 3 years of being OOS, that means you’re facing a 10 year bar (effective following your departure) from the US.

No, USCIS did not make a mistake by saying you were lawfully present. Being lawfully present does not equate to NOT being out of status. It is possible to be lawfully present and out of status at the same time. 
 
You were deemed lawfully present because you were lawfully admitted into the US. You did not enter the country illegally, hence the note about your being lawfully present. 
 
You however were out of status in view of the fact that you overstayed your authorized stay as shown on your I-94 when you were admitted into the country. You therefore were out of status from Sept. 2015 until Feb. 2020, which is over 3 years of being OOS, that means you’re facing a 10 year bar (effective following your departure) from the US.

You can’t take envelope as it is to the POE if it contains her passport considering she can’t board the plane without presenting her passport to the airline. So if the passport wasn’t returned in a separate envelope, you’ll need to open the envelope from DHL in that case. 

Not by you lol 

Ok, i was answering what OP was asking. 

Jeez you guys don’t even read between the lines but off the edge of the page 
obviously they thought originally she’d have to leave when the visa expired, not understanding the difference between visa vs i94 expiry.  Why not stay for a longer visit if you  can? I did that when I had the time to do it. Without meeting anyone!!
leave it up to VJ to find nefarious motives for every simple question 

It’s not part of the visa application , any more than being born to someone who becomes a citizen or an employment contract with a US company is part of the visa application process. It’s a separate aspect that allows you to apply for a visa. There’s a difference. This is -for example - why entering the lottery or even being selected has no impact on immigrant intent determinations, only Ds260 or i485 determines that. of course the difference here vs a random family or employment relationship is that DoS gets and keeps your bio details.

A DV entry submission is not a visa application. 
 
OP, yes the embassy/consulate will have access and are able to see/compare information from previous entry submissions with the current one, and the subsequent information you will be providing on the DS260 form as as a result of your DV selection. So depending on what the discrepancy is, it may or may not impact the DV selection. 

You can always inform them you only want to update your information and do not wish to be issued with a replacement SSN card, like a couple of others already stated above. Your reason(s) for not wanting a replacement card is(are) yours and yours alone, not sure why some are making a big deal of this. 

Totally unrelated to this topic but a VJ Fun Fact / Sunday Funny Ha Ha moment for you all.
 
I remember a couple on VJ posting that - in answer to the proof of consummation / bonafide marriage - sent a selfie of them sitting upright in a hotel room bed, sheets covering their privates. My word, the USCIS doing that file must have gotten quite the shock.

I think this is like trying to put the cart before the horse at this point. May I suggest you focus on getting the O-1A and being in that status first before trying to figure out AOS related issues? The process is dynamic, whatever the current processing time for an AP or EAD card is now may no longer be applicable by the time you get to that stage. 

There is statutory marriage conducted at the marriage registry in Nigeria. This is equivalent to a court marriage over there as in once the statutory registry marriage has been conducted, the union can only be dissolved by the State High Court

I think this is like trying to put the cart before the horse at this point. May I suggest you focus on getting the O-1A and being in that status first before trying to figure out AOS related issues? The process is dynamic, whatever the current processing time for an AP or EAD card is now may no longer be applicable by the time you get to that stage. 

I think this is like trying to put the cart before the horse at this point. May I suggest you focus on getting the O-1A and being in that status first before trying to figure out AOS related issues? The process is dynamic, whatever the current processing time for an AP or EAD card is now may no longer be applicable by the time you get to that stage. 

Adjustment of status (AOS) is the process used in applying for a lawful permanent resident status from a temporary non-immigrant status. Change of status (COS) on the other hand is the process of changing from one temporary non-immigrant status to another temporary non-immigrant status. Since both the B2 and O1 are temporary non-immigrant status, moving from one to the other is therefore a change of status (COS).