DV2015 - AOS or consular processing?

[on_the_road 1]

Hi all,

I'm a winner of the DV2015. Since then, I've read and found many information from this forum: thank you for that

I still have some questions though regarding my situation:

1) I live in the US, currently in J1(ending in July 2014), in process for an H4. My attorney told me I should go for the AOS instead of consular processing but I've read that it could be risky since it's slower than the second option. My number is EU00016***. Do you agree with him or would go rather for the consular process to be safe?

2) I know it sounds stupid but I'm not sure if I have to do anything right now: if I understand well, the next step is just to wait for DS260 on May 19th. Am I correct?

3) If I go for the AOS, do you have an idea on when I may get an EAD to be able to work?

4) I've asked my attorney a quote to know how much it would cost to do the entire process with him. I think it's very expensive: $3250 for me and my wife, filing fees not included... Maybe I should do it by myself...

Thank you in advance if you have any answer. I guess I will be around for a while now

[SusieQQQ 11,587]

The first piece of advice is that be very, very careful with taking on legal advice. There are only 1-2000 cases a year of DV winners doing AOS so it is rare to find a lawyer who actually has decent experience in it and there have been reports of people spending a fortune only for the lawyers to mess it up.

Another forum has excellent resources on AOS, you will get all the help you need for free. Not sure about the etiquette of advertising other forums but this will be your best resource. Also has a spreadsheet explaining in detail the process.

Also from the little I know, I understand that not all J visas are eligible for AOS, are you sure yours is?

But also: your visa expires Jul this year?? I'm not sure of the h4 process but you cannot file for AOS until your number is published as current (ie a month before interview). It will probably be close to a year between your J expiring and when you can file for AOS. Remember you have to be in legal status to do AOS. What do you plan to do in the interim? How will this planned H4 work?

Edited May 6, 2014 by SusieQQQ

[on_the_road 1]

Thanks Susie,

The first piece of advice is that be very, very careful with taking on legal advice. There are only 1-2000 cases a year of DV winners doing AOS so it is rare to find a lawyer who actually has decent experience in it and there have been reports of people spending a fortune only for the lawyers to mess it up.

Another forum has excellent resources on AOS, you will get all the help you need for free. Not sure about the etiquette of advertising other forums but this will be your best resource. Also has a spreadsheet explaining in detail the process.

He seemed pretty knowledgable about this situation. But considering the cost and what you say, I'm not sure I will go for it. It's just scary to do the whole process at first. You don't want to mess an opportunity like that.

Another forum has excellent resources on AOS, you will get all the help you need for free. Not sure about the etiquette of advertising other forums but this will be your best resource. Also has a spreadsheet explaining in detail the process.

I've seen it in another topic, thank you. I will check it out.

Also from the little I know, I understand that not all J visas are eligible for AOS, are you sure yours is?

But also: your visa expires Jul this year?? I'm not sure of the h4 process but you cannot file for AOS until your number is published as current (ie a month before interview). It will probably be close to a year between your J expiring and when you can file for AOS. Remember you have to be in legal status to do AOS. What do you plan to do in the interim? How will this planned H4 work?

I'm currently in J1 but I will be in H4 in August (or under process). So in a legal status in the US, I just won't be able to work before getting an EAD. When I will apply for AOS, I won't be in J1 anymore, so no worries for the eligibility.

If I understood everything correctly of course

[Britsimon 18]

OK, aos is typically a straightforward process that doesn't need a lawyer - and as Susie explained they will very rarely know anything about the DV side - although they will know the aos side. That means they could easily screw your application up by not understanding how DV cases work.

Your H4 change and EAD question are beyond my aos knowledge - although I would say that the H4 is designated as a non working visa - so not sure about the EAD on that. Honestly, you need "Sm1smom". She does come round here but she is more active on the other forum. I've just seen you posted there - so I will redirect you over there...

[Sm1smom 255]

Hi all,

I'm a winner of the DV2015. Since then, I've read and found many information from this forum: thank you for that

I still have some questions though regarding my situation:

1) I live in the US, currently in J1(ending in July 2014), in process for an H4. My attorney told me I should go for the AOS instead of consular processing but I've read that it could be risky since it's slower than the second option. My number is EU00016***. Do you agree with him or would go rather for the consular process to be safe?

2) I know it sounds stupid but I'm not sure if I have to do anything right now: if I understand well, the next step is just to wait for DS260 on May 19th. Am I correct?

3) If I go for the AOS, do you have an idea on when I may get an EAD to be able to work?

4) I've asked my attorney a quote to know how much it would cost to do the entire process with him. I think it's very expensive: $3250 for me and my wife, filing fees not included... Maybe I should do it by myself...

Thank you in advance if you have any answer. I guess I will be around for a while now

Save your money, your case, based on the information provided here your case is straight forward enough for you to do on your own.

1. With your CN, I honestly don't see the possibility of visas running out before your CN becomes current, but if travelling to your home country is hardly likely to cause you and your family any disruption, then you can also consider doing CP - if you want to ensure you get interviewed precisely within the same month that your CN becomes current.

2. Yes.

3. EAD card is usually issued about 2 months after the EAD application is recieved. So if for instance the VB indicates in February that your CN will become current in April, and you send in your AOS package in March and it's accepted, then you're likely to recieve your EAD card around May.

4. To confirm if your attorney is truly knowledgeable in DV AOS ask him/her what the process involves. Ask the attorney how soon can you file or begin the AOS process, has him/her to tell you where and when the DV fee needs to be made.

Like Sussie posted there's some other forum thriving with DV AOS information, you can google it. It also has information about other people's experiences and most of the information can be found in one place.

[on_the_road 1]

I'm impressed how fast I get specific answers, thanks! It looks like the forum is better than an attorney, you're right.

3. EAD card is usually issued about 2 months after the EAD application is recieved. So if for instance the VB indicates in February that your CN will become current in April, and you send in your AOS package in March and it's accepted, then you're likely to recieve your EAD card around May.

The key question is here: I have a job right now. I'll quit because of the end of my J1/H4 in July. Because it's obviously not easy to live with only one salary, I'd like to start over my job asap. If I understand well, it appears that the AOS is better since I can get an EAD before the GC.

But if you say that I may get it 2 months after sending my AOS package, I'm not sure it will be that good compare to the CP. Still, it may be better to go with the AOS because I lived in 4 different countries before and getting the criminal records might be a lot of hassle...

How said the choice would be easy?

Edited May 7, 2014 by on_the_road

[SusieQQQ 11,587]

But if you say that I may get it 2 months after sending my AOS package, I'm not sure it will be that good compare to the CP. Still, it may be better to go with the AOS because I lived in 4 different countries before and getting the criminal records might be a lot of hassle...

:

You are going to need those police records anyway irrespective of whether you do CP or AOS...the only difference with AOS is you don't need to get from the US itself. Edited May 7, 2014 by SusieQQQ

[NigeriaorBust 4,087]

I don't think you understand the AOS process, DV2015 interviews start in Oct and yours may not be until the following spring. If your EAD is 2 months after that are you prepared to stay for almost a year with no work. Also at any point if the H4 fails you have no legal status which may mess up your plans

[Sm1smom 255]

You are going to need those police records anyway irrespective of whether you do CP or AOS...the only difference with AOS is you don't need to get from the US itself.

He doesn't need PCC from other countries either if he's doing AOS.

[SusieQQQ 11,587]

He doesn't need PCC from other countries either if he's doing AOS.

Oh...ok I stand corrected...

Anyway in that case before deciding it's going to be difficult, he should rather find out first. For many countries it's easy enough doing it even if you don't reside there, sometimes online, sometimes via embassy, sometimes via agent. Less hassle than potentially losing your visa chances....plus the hassles with status and work situation.

Be doesn't seem to understand it, or maybe I don't, because he says he can get the EAD before the green card doing AOS, as though that's an advantage, but the way I understood it was that is unlikely to happen (does he even get an EAD in this circumstance? I mean that would be on basis of potential successful GC and we have heard of AOS people who have been denied?) and if he can get EAD this would happen the month after"current" month (from mom's previous answer to him) but if he did CP he would already have his immigrant visa in the "current" month which he can immediately convert into GC by going back to US. So CP means he has a green card before he would even have an EAD doing AOS?

Edited May 7, 2014 by SusieQQQ

[on_the_road 1]

Also at any point if the H4 fails you have no legal status which may mess up your plans

Ok, now you scare me. Is it really possible my H4 gets denied? If yes, I won't take any risk and go for CP for sure...

[on_the_road 1]

So CP means he has a green card before he would even have an EAD doing AOS?

Thank you for the formulation, that's precisely what I need to know

[SusieQQQ 11,587]

Explain something to me please... I just read up on H4, you are spouse or minor child of H1?

Because if minor child you have lived in 4 countries excluding USA for longer than a year each since you were 16? Have you been moving each year? Or are you spouse?

[on_the_road 1]

Spouse

[SusieQQQ 11,587]

Spouse

Ok. Care to share the countries you need police reports for?