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AOS based on Wife or DV lottery

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  • AOS based on Wife or DV lottery

    I was about to apply for adjustment of status based on my wife who is a citizen but then I realized I won the dv lottery and have a low number (around 2000)
    can i apply for adjustment of status based on my wife's petition and also my dv lottery winning at the same time and take the one that approves faster?
    I'm on F1 now and I qualify for both.
    I need to get my gc asap so I want to see which option is faster and if I can apply for both at the same time.
    (DV lottery 2016 which I believe starts from Oct 2015)
    Thanks

  • #2
    You can have multiple petition at same time, after you receive GC through faster route - other petitions will become void.

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    • #3
      You should file the spousal paperwork ASAP.
      It will protect you from deportation if you are otherwise out of status.
      You will get work authorization by October.

      GC through DV sounds better in theory because it doesn't come with conditions that a spouse GC will.
      But, who knows when your visa# becomes available?

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      • #4
        Originally posted by inadmissible View Post
        You should file the spousal paperwork ASAP.
        It will protect you from deportation if you are otherwise out of status.
        You will get work authorization by October.

        GC through DV sounds better in theory because it doesn't come with conditions that a spouse GC will.
        But, who knows when your visa# becomes available?
        Thank you guys for your answers, if I get the gc through my wife's petition, can I remove the condition on it later using dv gc?

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        • #5
          No, the other would have been voided.

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          • #6
            Liota, I should have also added, that if you are already out of status, you can not file for Adjustment of Status based on DV. Only adjustments based on Immediate Relative petitions will forgive overstay and unauthorized employment.

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