Sm1smom

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I-94 expired and when you filed for AOS wouldn’t have mattered because you filed as the spouse of a USC if you hadn’t withdrawn the I-485 and the petition was approved. The fact about the pending petition becomes irrelevant due to the withdrawn petition and therefore the OOS period dates back to the I-94 expiration date.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I-94 expired and when you filed for AOS wouldn’t have mattered because you filed as the spouse of a USC if you hadn’t withdrawn the I-485 and the petition was approved.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).
 

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. 

No! OP absolutely cannot adjust status from B2 to O1. They however may apply to change status from B2 to O1 as described above. Major difference between adjustment of status and change of status.

Goodness gracious! It honestly seems to me like you did not grasp precisely what has been discussed so far as against claiming people are suggesting something shady for the OP to engage in (which would be a violation of this site’s TOS by the way). Facts of the matter here:
1. Canadian citizens generally do not need to be issued with a visa from an embassy in order to be admitted into the US in a non-immigrant status, with the exception of a few noted categories. 
2. Canadian citizens (outside of the few exception categories) basically present their Canadian passports (without a US visa) and the applicable supporting documents (in the case of a work related admission request) at the POE when seeking admission into the US. 
3. OP is a Canadian citizen already in the US in a B2 status.
4. OP’s potential employer has filed an I-129 for an O visa for the OP.
5. Upon approval of the I-129, OP can file for a COS from B2 to O1A status from within the US (assuming their current status has not expired), nothing shady in that (although a waste of resources IMO considering the amount of money and time it will take for the COS approval as I’m not sure if the same I-129 can be used to request a COS for the OP - when OP can simply do 6 below 👇)
6. OP can decide to depart from the US, on their return they present the approved I-129 and Canadian passport at the POE to seek admission back to the US in O1A status. OP does not need to visit an embassy to obtain an O1A visa as a Canadian citizen. 
7. Upon returning to the US in O1A status, should the OP decide to file for AOS because they are already based in the US, they are eligible to do so. There’s is absolutely no reason for someone who is already on a dual intent status (even if limited dual-intent) to depart from the US and go process CP when they are eligible to file for AOS. 

As a Canadian citizen, OP does not need to apply for a visa at a consulate after an approved I-129. If the OP is outside the US after the I-129, approval, OP goes to the POE with the approved I-129 and seek admission right there. 

Correct. OP will also need to have an approved EAD in place in order for them to continue working upon being paroled back into the US.