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Filed: Timeline
Posted

Dear Sir/Madam,

I received notification through the official Department of State portal that I have been selected for the 2015 DV Green Card Lottery CN 2015AF00056XXX. I am currently residing in the US with my wife on a visa . As I understand it from the Department of State website and the US Citizenship and Immigration Services’s website, I should now apply through USCIS to adjust my status. Does this mean that I do not have to fill in DS-260 Immigrant Visa and Alien Registration Application? How do I apply to USCIS for confirmation of my eligibility to adjust my status? On the travel-state.gov website it states that “If USCIS confirms your eligibility to adjust status you should print this and take it to your local USCIS office”, however, I cannot find the instructions on the USCIS website on how to obtain that confirmation. Based on the criteria on the USCIS website, I believe that I am eligible to adjust my status. I see that I have to submit Form I-485, but it would seem that I still need that prior confirmation. Also do I have to wait for my number to appear in the Visa Bulletin before I submit all the forms? and for the police records, I lived in europe 2 years ago I still need the police records from europe or just the us one.

Lastly, my wife cannot change or adjust her status. Will this affect my application in anyway?

Thank you in advance.

Posted

Dear Sir/Madam,

I received notification through the official Department of State portal that I have been selected for the 2015 DV Green Card Lottery CN 2015AF00056XXX. I am currently residing in the US with my wife on a visa . As I understand it from the Department of State website and the US Citizenship and Immigration Services’s website, I should now apply through USCIS to adjust my status. Does this mean that I do not have to fill in DS-260 Immigrant Visa and Alien Registration Application? How do I apply to USCIS for confirmation of my eligibility to adjust my status? On the travel-state.gov website it states that “If USCIS confirms your eligibility to adjust status you should print this and take it to your local USCIS office”, however, I cannot find the instructions on the USCIS website on how to obtain that confirmation. Based on the criteria on the USCIS website, I believe that I am eligible to adjust my status. I see that I have to submit Form I-485, but it would seem that I still need that prior confirmation. Also do I have to wait for my number to appear in the Visa Bulletin before I submit all the forms? and for the police records, I lived in europe 2 years ago I still need the police records from europe or just the us one.

Lastly, my wife cannot change or adjust her status. Will this affect my application in anyway?

Thank you in advance.

Congratulations on being selected.

At this point, I believe you do need to fill in the 260 form. However, after May 19th we will have better information about that.

To adjust your status you will need to wait until your number is lower than the AF number that will be shown on the VB. THat is likely to be around 10 to 12 months from now. Once you see that you can submit your aos package - and that will be around 6 or 7 weeks before you are actually current.

In aos you do not need to provide police reports.

I'm not sure what you mean about your wife not being able to adjust status - you might need to elaborate to get good input on that.

DV Lottery information - www.BritSimonSays.com

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Agree with the above. IF you will not be in status in a year you will have to leave and use consular processing. I am not sure why your wife can't adjust unless she is not a legal resident in which case you have an issue. You have to include your wife's info on your application including her address and status in the US.

This will not be over quickly. You will not enjoy this.

Filed: Timeline
Posted

Thank you for replying so quickly! I really appreciate your invaluable advice. My wife has a G-4 visa and because of her job she can't change her status. As her husband I am in the US on the same visa, which is currently valid for another 3 years. If, for some reason, my green card application should be denied, would I then lose my visa? Would I have to/be able to reapply for a G-4 visa? Given that my CN is AF00056xxx , which is pretty high, I guess I will to wait longer for my number to appear in the VB, is there any way that I can file my application to USCIS before then in order to ensure that all the background checks are done in time?

Thanks!!

Posted

Thank you for replying so quickly! I really appreciate your invaluable advice. My wife has a G-4 visa and because of her job she can't change her status. As her husband I am in the US on the same visa, which is currently valid for another 3 years. If, for some reason, my green card application should be denied, would I then lose my visa? Would I have to/be able to reapply for a G-4 visa? Given that my CN is AF00056xxx , which is pretty high, I guess I will to wait longer for my number to appear in the VB, is there any way that I can file my application to USCIS before then in order to ensure that all the background checks are done in time?

Thanks!!

This is a pretty unusual situation and I'm not sure how many people here can really advise you. I do know of one other person who faced this issue and she basically discovered she had to choose between her job (UN) or getting the diversity visa. I'm also not sure of the implications if you get a green card but she doesn't, which seems to be what you are implying. This may be one of the rare occasions we advise people to talk to an immigration attorney; her company should hopefully be able to recommend (or maybe have someone working for them) who deals with issues like this around the G4 visas.

Filed: Timeline
Posted

Thank you for replying so quickly! I really appreciate your invaluable advice. My wife has a G-4 visa and because of her job she can't change her status. As her husband I am in the US on the same visa, which is currently valid for another 3 years. If, for some reason, my green card application should be denied, would I then lose my visa? Would I have to/be able to reapply for a G-4 visa? Given that my CN is AF00056xxx , which is pretty high, I guess I will to wait longer for my number to appear in the VB, is there any way that I can file my application to USCIS before then in order to ensure that all the background checks are done in time?

Thanks!!

I've already responded to your 1st post on another forum, so I'm just going to limit my response to this 2nd post here.

If your AOS is denied, you simply revert back to your G-4 status, you don't loose that as long as you do not apply for and use an I-485 based EAD or AP card to work or travel in and out of the US while your adjustment application is pending. If you use an AP card to travel while your I-485 is pending, you will not be able to revert back to your present visa status.

The earliest you can file your application is 2 months before the actual current date, that is if your CN shows up under the advance notication section of the VB, then you may file your I-485, other than that you can not file ahead of time.

Posted

Thank you so much for the advise,

I tried to fill the ds-260 form and they ask for the id number, where can I get it, I don't see it in my page they give me with the case number.

Thanks.

Did you manage to miss the instructions telling DV winners to wait till 19 May before they fill it in?

 
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