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No, the rules don't change without a corresponding change in the law - so no. - no changes for DV2016. Good luck for tomorrow - I hope it works out for you either on the Woldorf basis or the human factor. By the way, if you are approved, don't then ask why they approved you - because you want to get that visa in hand and you don't want to re-raise the issue. Please let us know the outcome!!

Thank you for your response, Simon ! I'm in contact with a lawyer. it seemed very hard to have a response from Wolfsdorf. Our lawyer actually says that it is not even a mistake in her opinion... (weird!).

I'm asking you the rule thing because I saw something interesting in the 2016 FAQ. It clearly states that one can elect eligibility on country of birth from spouse.

Very, very, very few lawyers have any idea about the DV process. DV cases are only about 5% of yearly immigration and only a tiny percentage of DV cases ever go near a lawyer - so the vast majority of lawyers will never have seen a DV case. Anyway - I REALLY would like to be wrong in this case....

About charging to the spouse country - yes - I did that - because my own country (UK) was not eligible so I charged to my wife's country - Spain. However, the point was that my own country was ineligible.

Agreed. But it is not specifically restricted to that situation in the instructions. Not that I understand at least.

Well OK - I don't want to knock your confidence because you will need it tomorrow - so go for it!

By the way, just to confirm - you are going prepared to show that YOU meet the requirements (education/work experience) - correct? Don't forget that if they do allow your wife to cross charge, then you are both treated as principal selectees.

Yes, indeed... my diploma is ready.
Am I reading the instructions wrong ?

No - I don't think you are - the question is - which rules rule. Chargeability rules for DV "borrow" from INA rules. The DV instructions and FAM notes give specific examples - those are what I am quoting. However the actual INA rules allow more liberal cross charging. The only question is whether the CO will allow those to apply.

ijon - any news????

Hi Simon ! Sorry I reply so late. Wanted to make sure no turn of event. We got approved, and got passports!!

Nothing came up during intvw. They raised it up when picked up passports. Said we were able to cross-chrg since I am belgian! (so no mistake per say)

WE ARE ECSTATIC !!! so happy

Lol, that is awesome news. Very happy for you!!

So question - did they treat you BOTH as the principal selectees? I.e. Did you have to prove education?

And on your visa does it mention the class of visa such as DV1. Are both you and hers the same?

I'm trying to figure out whether they applied the cross charge ability rules OR. Whether they made a mistake and decided to let it go.

They just told us we had to enter the country together. Yes DV1 & DV2. They didn't ask me to prove education.

They just told us we will have a last small interview at airport (which we knew)...