2015 selectee - Need your help

[guestgulkan]

ok, so, I just spoke with someone from the embassy here in Brussels.
She said, after apparently talking to a supervisor : 'you will get the letter with the scheduled interview. As you will be interviewed by the officer, just say you made a mistake on your EDV, they should be able to help you, and that shouldn't be a problem."
Somehow, she gave me the impression she didn't really know what se was talking about... Anyway, I am SO confused right now... She also said that getting denied should not be a problem for ESTA after... Strange... right ?

It's unlikely, but maybe you'll get lucky and the CO is a new trainee. If you were from a poor country I'd advise you not to do it, but as a Belgian wasting a few hundred Euros isn't such a big deal. Also as an African your wife is unlikely to win it again.

 

[SusieQQQ]

ok, so, I just spoke with someone from the embassy here in Brussels.
She said, after apparently talking to a supervisor : 'you will get the letter with the scheduled interview. As you will be interviewed by the officer, just say you made a mistake on your EDV, they should be able to help you, and that shouldn't be a problem."
Somehow, she gave me the impression she didn't really know what se was talking about... Anyway, I am SO confused right now... She also said that getting denied should not be a problem for ESTA after... Strange... right ?

What should I do ?

Did you speak to a consular officer from the immigrant visa section? It is unequivocally a disqualifying error because it is the wrong region (wrong country but same region would be ok as that does not change your selection chances). BUT I still think you should go for it using your chargeability ie she cross charges to you. As britsimon posted the reference to before, this means you also need to be able to qualify so make sure you also have evidence of your education etc at the interview.

 

[ijon]

Did you speak to a consular officer from the immigrant visa section? It is unequivocally a disqualifying error because it is the wrong region (wrong country but same region would be ok as that does not change your selection chances). BUT I still think you should go for it using your chargeability ie she cross charges to you. As britsimon posted the reference to before, this means you also need to be able to qualify so make sure you also have evidence of your education etc at the interview.

Well, I called the embassy, and the person gave me a new number they are using for all visas inquiries.
When you call, there is an extensive menu from which you have to choose, I chose (lack of more precise option) to get "informations on DS-260".
You know, I've been going to US every year for the past 20 years (my family owns a house in Florida)... It's more the consequences of a denial that I fear...
Off course, I want to go to the US more than anything, but the perspective of having problems to go there even as a tourist is terrifying... I have all my friends there...

As for the qualifications, well I have my high school diploma, a few other certifications, and I will start my last year for a Bachelor degree in Graphic design. On top of that, I have been a business owner for the last 13 years... So I guess qualifications-wise, I'm good to go, right ?

 

[vladek15425]

@ijon

If you decide to still go for it, than at the moment of the interview rather inform the CO about this mistake on the chargeability, because if you don't and he picks it up him\ her self, he will surely deny you...
Just my 2c

 

[SusieQQQ]

Well, I called the embassy, and the person gave me a new number they are using for all visas inquiries.
When you call, there is an extensive menu from which you have to choose, I chose (lack of more precise option) to get "informations on DS-260".
You know, I've been going to US every year for the past 20 years (my family owns a house in Florida)... It's more the consequences of a denial that I fear...
Off course, I want to go to the US more than anything, but the perspective of having problems to go there even as a tourist is terrifying... I have all my friends there...

As for the qualifications, well I have my high school diploma, a few other certifications, and I will start my last year for a Bachelor degree in Graphic design. On top of that, I have been a business owner for the last 13 years... So I guess qualifications-wise, I'm good to go, right ?

You just need to have your high school diploma. That's enough.

And just say in the interview that she is cross charging to you for chargeability.

They will not refuse you entry into the US in future on a denial for this ....of that I am certain. As britsimon and the embassy person both said, it is not even necessarily a problem for the ESTA.

 

[ijon]

You just need to have your high school diploma. That's enough.

And just say in the interview that she is cross charging to you for chargeability.

They will not refuse you entry into the US in future on a denial for this ....of that I am certain. As britsimon and the embassy person both said, it is not even necessarily a problem for the ESTA.

OK, that's reassuring... thanks for the reply...
This is SO frustrating... I usually never make that kind of mistakes mistakes in English... I just couldn't find the French version of the instructions when we filed the E-DV

Honestly... if it was you... would go for it ?

 

[SusieQQQ]

OK, that's reassuring... thanks for the reply...
This is SO frustrating... I usually never make that kind of mistakes mistakes in English... I just couldn't find the French version of the instructions when we filed the E-DV

Honestly... if it was you... would go for it ?

If it was me, yes I would, but by using spouse for cross chargeability only. It is the only way to rescue the case from what I can see.

About the instructions, I'm sorry but I have to believe they were just not read correctly, they are so clear and specific...every year here we seem to have people who have entered on the basis of citizenship rather than birth...even people whose first language is English.

 

[ijon]

If it was me, yes I would, but by using spouse for cross chargeability only. It is the only way to rescue the case from what I can see.

About the instructions, I'm sorry but I have to believe they were just not read correctly, they are so clear and specific...every year here we seem to have people who have entered on the basis of citizenship rather than birth...even people whose first language is English.

Ok...
You're probably right, I guess I lacked of attention at the key moment...

You're saying 'using spouse for cross-chargeability'... What exactly do you mean, should I do anything else than showing to the interview and talk about our mistake right away ?

 

[SusieQQQ]

Ok...
You're probably right, I guess I lacked of attention at the key moment...

You're saying 'using spouse for cross-chargeability'... What exactly do you mean, should I do anything else than showing to the interview and talk about our mistake right away ?

Read the instructions... And the bit britsimon posted earlier. They explain that you can use your spouse's country of birth. I don't think I would even phrase it as a mistake personally.

 

[Sm1smom]

Did you speak to a consular officer from the immigrant visa section? It is unequivocally a disqualifying error because it is the wrong region (wrong country but same region would be ok as that does not change your selection chances). BUT I still think you should go for it using your chargeability ie she cross charges to you. As britsimon posted the reference to before, this means you also need to be able to qualify so make sure you also have evidence of your education etc at the interview.

Ditto what Susie said. Give it a shot and go for it. The possibility of the CO not understanding the full details involved with the cross chargeability rules are possibly high and in your favor.

And contrary to what vladdy suggested about bringing the chargeability error to the CO's attention, I wouldn't do that if I was in your position. The rule of thumb with immigration interview is 'less is more'. Don't volunteer unsolicited information. Wait for the CO to pick up on the issue, them calmly explain that your spouse us cross-charging to you.

You may want to prepare for the interview by getting some print outs of 9FAM rules as pertained to cross chargeability. I'm currently posting on my iPhone and short on time at the moment, so I can't dig around or post links to such documents for you. I may be able to find something later and post on this thread.

 

[ijon]

Ditto what Susie said. Give it a shot and go for it. The possibility of the CO not understanding the full details involved with the cross chargeability rules are possibly high and in your favor.

And contrary to what vladdy suggested about bringing the chargeability error to the CO's attention, I wouldn't do that if I was in your position. The rule of thumb with immigration interview is 'less is more'. Don't volunteer unsolicited information. Wait for the CO to pick up on the issue, them calmly explain that your spouse us cross-charging to you.

You may want to prepare for the interview by getting some print outs of 9FAM rules as pertained to cross chargeability. I'm currently posting on my iPhone and short on time at the moment, so I can't dig around or post links to such documents for you. I may be able to find something later and post on this thread.

Thank you for that !
I have to admit this is a lot of information to digest, and very little time to make a decision...
I would love it if you could find more... The more information, the better ! I will wait for you to post what you find, and I thank you for that !!

@SusieQQQ
Thank you for taking the time for me... I'm sorry, I must be really tired or misunderstanding what you're saying but I can't see anywhere some kind of pre-interview "procedure" for cross-charging.
Maybe there is none, but that's what I was trying to find out...
Should I warn KCC that we are willing to cross-charge ? I'm sorry, I'm confused...

 

[SusieQQQ]

Thank you for that !
I have to admit this is a lot of information to digest, and very little time to make a decision...
I would love it if you could find more... The more information, the better ! I will wait for you to post what you find, and I thank you for that !!

@SusieQQQ
Thank you for taking the time for me... I'm sorry, I must be really tired or misunderstanding what you're saying but I can't see anywhere some kind of pre-interview "procedure" for cross-charging.
Maybe there is none, but that's what I was trying to find out...
Should I warn KCC that we are willing to cross-charge ? I'm sorry, I'm confused...

No,there's no procedure, just the explanation of what it is and that both of you then need to qualify, as posted before. And don't go taking about mistakes. Just inform the CO she is cross charging to you.

 

[ijon]

No,there's no procedure, just the explanation of what it is and that both of you then need to qualify, as posted before. And don't go taking about mistakes. Just inform the CO she is cross charging to you.

Ok that's more clear !!
Thank you again for taking the time... Really !

Ok, so in your opinion, what argument should we invoke when we'll tell the CO she is cross-charging to me ?
I'm pretty sure he/she will ask why she just didn't chose Congo as country of chargeability.... At that moment, what should we say ?

I'm sorry if my questions seem naive or obvious, this is all stressful to me... I really don't want to screw things up...

Again, thank you for your help!

 

[vladek15425]

Ditto what Susie said. Give it a shot and go for it. The possibility of the CO not understanding the full details involved with the cross chargeability rules are possibly high and in your favor.

And contrary to what vladdy suggested about bringing the chargeability error to the CO's attention, I wouldn't do that if I was in your position. The rule of thumb with immigration interview is 'less is more'. Don't volunteer unsolicited information. Wait for the CO to pick up on the issue, them calmly explain that your spouse us cross-charging to you.

You may want to prepare for the interview by getting some print outs of 9FAM rules as pertained to cross chargeability. I'm currently posting on my iPhone and short on time at the moment, so I can't dig around or post links to such documents for you. I may be able to find something later and post on this thread.

Mom
When I get to the embassy than I won't say nothing about the typos on the BC of my children, I will rather wait if they say something about it, than I will pull my affidavit.
Can I do it like this ?
Thanks

 

[Britsimon]

Mom
When I get to the embassy than I won't say nothing about the typos on the BC of my children, I will rather wait if they say something about it, than I will pull my affidavit.
Can I do it like this ?
Thanks

Exactly like that, firstly the typos are just NOT a big deal, and secondly you don't introduce a problem into your interview that wasn't going to be introduced by the CO. the ideal is simply to explain, in a confident manner, "that s no problem, I have an affidavit right here."

 

[vladek15425]

Exactly like that, firstly the typos are just NOT a big deal, and secondly you don't introduce a problem into your interview that wasn't going to be introduced by the CO. the ideal is simply to explain, in a confident manner, "that s no problem, I have an affidavit right here."

Thanks simon copy that

 

[Britsimon]

Ok that's more clear !!
Thank you again for taking the time... Really !

Ok, so in your opinion, what argument should we invoke when we'll tell the CO she is cross-charging to me ?
I'm pretty sure he/she will ask why she just didn't chose Congo as country of chargeability.... At that moment, what should we say ?

I'm sorry if my questions seem naive or obvious, this is all stressful to me... I really don't want to screw things up...

Again, thank you for your help!

I agree with the others that you should go for it. I've already given you the 9 FAm reference (the rules) and some additional documents that describe the situation. The 202(b) notes are crucial - that is where the "elective" cross charging is allowed. Honestly, even after having read that all, I am not 100% certain whether you can cross charge in your scenario or not. In all honestly I am guessing that most COs will be less well informed than SusieQQQ, Sm1smom and myself - and you will use that to your advantage.

So, IF the CO catches the issue (I expect 99% of them would), you then confidently explain that "you chose to cross charge under rule section 202(b) of the immigration and nationality act" and produce a printed copy of the rule. Draw their attention to the second point. At that point, the human factor comes into play. Here is a selectee who seems more educated about the rules than they are themselves. They can admit that (most people won't) and argue/check etc or they can simply rubber stamp it and move to the next customer.

By the way, as you mentioned your business etc. do you intend to keep the business going when in the States? The Green Card comes with an assumption of full time US residence and also some obligations including having to report and pay tax on worldwide income. iF you enjoy your yearly trips but just want a super visa to come into the USA anytime you like, but still live mstly in Europe, this is not the way to go....

 

[ijon]

I agree with the others that you should go for it. I've already given you the 9 FAm reference (the rules) and some additional documents that describe the situation. The 202(b) notes are crucial - that is where the "elective" cross charging is allowed. Honestly, even after having read that all, I am not 100% certain whether you can cross charge in your scenario or not. In all honestly I am guessing that most COs will be less well informed than SusieQQQ, Sm1smom and myself - and you will use that to your advantage.

So, IF the CO catches the issue (I expect 99% of them would), you then confidently explain that "you chose to cross charge under rule section 202(b) of the immigration and nationality act" and produce a printed copy of the rule. Draw their attention to the second point. At that point, the human factor comes into play. Here is a selectee who seems more educated about the rules than they are themselves. They can admit that (most people won't) and argue/check etc or they can simply rubber stamp it and move to the next customer.

By the way, as you mentioned your business etc. do you intend to keep the business going when in the States? The Green Card comes with an assumption of full time US residence and also some obligations including having to report and pay tax on worldwide income. iF you enjoy your yearly trips but just want a super visa to come into the USA anytime you like, but still live mstly in Europe, this is not the way to go....

Thank you for your input, Simon !

I have read it also and from what I interpret, is more what you said above: it probably covers more the scenario where I would be the primary applicant.
It's the mention "accompanying or following to join" that keeps me wondering

I really don't see a CO just admitting a selectee know more than himself... Everything is possible of course, but I think it's very unlikely!
By the way, do you still think I should check with KCC ? or will it raise more flags than we need ?

No, I do not intend to keep the business going here... And we'd be moving there full time !
What I would probably do IF I can't figure out another way to go with my teachers is maybe come back to belgium for a few months so I can finish school and have my degree...

I don't know if you read my earlier post, but I would love to hear what you think of the embassy response... What do you think ?

 

[SusieQQQ]

There is an immigration attorney (may be one of the links simon posted earlier) who recommends using cross chargeability strategically to increase chances of winning, implying without doubt that you can use your spouse irrespective of whether or not your own country is eligible.

 

[Britsimon]

Thank you for your input, Simon !

I have read it also and from what I interpret, is more what you said above: it probably covers more the scenario where I would be the primary applicant.
It's the mention "accompanying or following to join" that keeps me wondering

I really don't see a CO just admitting a selectee know more than himself... Everything is possible of course, but I think it's very unlikely!
By the way, do you still think I should check with KCC ? or will it raise more flags than we need ?

No, I do not intend to keep the business going here... And we'd be moving there full time !
What I would probably do IF I can't figure out another way to go with my teachers is maybe come back to belgium for a few months so I can finish school and have my degree...

I don't know if you read my earlier post, but I would love to hear what you think of the embassy response... What do you think ?

The person you spoke with at the embassy (and the supervisor it seems) clearly had NO IDEA what they were talking about. That doesn't surprise me at all and that is what I was getting at earlier. It is very likely that the CO you meet will have less idea about these rules than you will, and that is hard for someone to admit (in their position). However, almost all of them will understand that nativity is what drives eligibility, so that is why I think they will catch the mistake and be prepared to argue it.

My position on the rule is, as you agree, designed to allow the primary applicant to take a spouse or children. However, Waldorf and others seem to think this is a "choice" you can make. There may be other laws that cover that, or it may just be an interpretation that they have (I would hope) exploited successfully. At the end of the day, you are going to have to study and be prepared to argue the point with confidence. You want to be the most confident person in the room that day.