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2015 selectee - Need your help

ijon

New Member
Hello there,

I would have a few questions for you guys, and I thank you all in advance for your answers... You've been really helpful to us so far !!

Ok, here it goes:
1. My wife was selected at the 2015 lottery, CN EU2015 19xx.
Based on previous years, when do you think our interview should be scheduled ? Still in 2014 ?

2. When we submitted our application, we had to provide the last five trips to US, which we did.
We just got back from our annual vacay over there. Should I update the form with our new trip ?

3. In the education section of the application, she had to provide avery school she attended. So she put all the high schools, indicated her bachelor degree, there her master degree. Then, she attended one more year of "specialisation" and we put "Advanced Master" which was more a translation of what's on here degree. It really is more an advanced certification than a master. Should I try to change that ?

4. She has dual citizenship of Belgium and Tunisia, applying as a belgian citizen. She was also was born in a small village in Democratic Republic of Congo, and at least at the time, administration could be sometimes somewhat approximate, no offense.
So basically, they would put sometimes the village, sometimes the administrative city and sometimes both as Place of birth on civil documents.
So when she arrived in Belgium she decided to just go ahead and put both village and city in the form of "village - city". That's what her passport states...The more information the better... and that's what we've put in her application.
It is not possible to get birth certificates from Congo anymore, but they will deliver a document stating they cannot deliver such document (I guess they will state at least either village or city if not both) and we'll add an affidavit from her mother.
We already changed her diploma (they also made mistakes spelling her name) because she started her courses at the belgian school in Congo (first two years) and finished it in Belgium to make sure there is no difference on any civil document we have to provide at the interview
Could that 'village, city situation' create a confusion ? Should we be concerned about that, or did we do what we had to ?

Again, thank you for your input !!
Jon
 
I'm sorry, but unless you are Belgian and she can use your citizenship for cross-chargeability, she is disqualified. If she was born in DRC, that is her country of chargeability. As it is a different region to Belgium, there is no chance the CO can overlook this. It is certain disqualification. Are you Belgian? Unless you are, none of the other questions matter.
 
Hello there,

I would have a few questions for you guys, and I thank you all in advance for your answers... You've been really helpful to us so far !!

Ok, here it goes:
1. My wife was selected at the 2015 lottery, CN EU2015 19xx.
Based on previous years, when do you think our interview should be scheduled ? Still in 2014 ?

2. When we submitted our application, we had to provide the last five trips to US, which we did.
We just got back from our annual vacay over there. Should I update the form with our new trip ?

3. In the education section of the application, she had to provide avery school she attended. So she put all the high schools, indicated her bachelor degree, there her master degree. Then, she attended one more year of "specialisation" and we put "Advanced Master" which was more a translation of what's on here degree. It really is more an advanced certification than a master. Should I try to change that ?

4. She has dual citizenship of Belgium and Tunisia, applying as a belgian citizen. She was also was born in a small village in Democratic Republic of Congo, and at least at the time, administration could be sometimes somewhat approximate, no offense.
So basically, they would put sometimes the village, sometimes the administrative city and sometimes both as Place of birth on civil documents.
So when she arrived in Belgium she decided to just go ahead and put both village and city in the form of "village - city". That's what her passport states...The more information the better... and that's what we've put in her application.
It is not possible to get birth certificates from Congo anymore, but they will deliver a document stating they cannot deliver such document (I guess they will state at least either village or city if not both) and we'll add an affidavit from her mother.
We already changed her diploma (they also made mistakes spelling her name) because she started her courses at the belgian school in Congo (first two years) and finished it in Belgium to make sure there is no difference on any civil document we have to provide at the interview
Could that 'village, city situation' create a confusion ? Should we be concerned about that, or did we do what we had to ?

Again, thank you for your input !!
Jon

Jon, I am very sad to tell you that I believe your wife will be disqualified unless there is more to the story than you have said.

The problem is that she has applied based on her citizenship, when the rules actually state that it is country of birth that controls your entry. Since she was born in DR Congo, she should have an AF number. The fact that she has an EU number confirms the fact that she based her entry on Belgian citizenship. That is a mistake, and since the mistake crosses a region, she will be disqualified and neither she nor her derivatives will get a visa.

There are exceptions to that rule that generally surround her parents situation. Where we're they born? We're they temporarily in DR congo?if so, why?
 
Thanks for your reply ! Yes, I am Belgian citizen...

Ok, then she needs to make sure in the interview that the CO knows she is using you for chargeability. I think britsimon can comment more on this matter but from what I understand, if she does this it means you also have to show eligibility through education etc - basically you both have to qualify as principals.

If all that will work... The first thing I will say is that she/you clearly did not read the application instructions (which clearly state that citizenship does not matter for eligibility) so please ensure you read the remaining instructions carefully.

I don't think you need to worry about 2 and 3 in your first post, and no the city/village etc won't matter.
 
I'm sorry, but unless you are Belgian and she can use your citizenship for cross-chargeability, she is disqualified. If she was born in DRC, that is her country of chargeability. As it is a different region to Belgium, there is no chance the CO can overlook this. It is certain disqualification. Are you Belgian? Unless you are, none of the other questions matter.

That would only work if DRC was ineligible.
 
Jon, I am very sad to tell you that I believe your wife will be disqualified unless there is more to the story than you have said.

The problem is that she has applied based on her citizenship, when the rules actually state that it is country of birth that controls your entry. Since she was born in DR Congo, she should have an AF number. The fact that she has an EU number confirms the fact that she based her entry on Belgian citizenship. That is a mistake, and since the mistake crosses a region, she will be disqualified and neither she nor her derivatives will get a visa.

There are exceptions to that rule that generally surround her parents situation. Where we're they born? We're they temporarily in DR congo?if so, why?

Can't she use her husband? I'm sure I've seen people do that even if they hadn't stated it at the time of entry?
 
That would only work if DRC was ineligible.

I am sure I have seen someone do this to game it with an eligible country. I may be wrong.

Jon, your wife should probably contact KCC or the consulate and ask them if she can do this.
 
9 FAM 42.33 N4.2 Chargeability
(CT:VISA-1555; 09-30-2010)
As stated in the regulatory definition, the normal rules of chargeability apply to INA 203(c) (8 U.S.C. 1153(c)) immigrants. Many applicants may seek beneficial treatment from the rules of cross chargeability, as in the following examples:
(1) A spouse or child born in a country, which is not among those for which DV visas are available, may use the principal registrant’s chargeability when they are accompanying or following-to-join;
(2) A child born in a non-qualifying country in which neither parent was born nor resident at the time of the child’s birth, may claim the birthplace of either parent;
(3) A principal registrant born in a country, which is not among those for which DV visas are available, and the spouse who was born in a qualifying country, may be issued DV visas, provided the relationship was established prior to submitting the entry. In such instances, however, both applicants are considered principal applicants for the purpose of cross-chargeability and must be issued visas and apply for admission to the United States simultaneously.
 
There are exceptions to that rule that generally surround her parents situation. Where we're they born? We're they temporarily in DR congo?if so, why?

The fact that she went to school there implies they were not there temporarily.
 
I'm crushed !!
Does that mean there is absolutely no hope for us ?
Does it mean we should try to withdraw our application ?
 
Her parents have dual citizenship of Belgium and Tunisia also.
They were Tunisian when she was born...
 
They both were born in Tunisia, and they moved to congo for work.
Her father was working for a Belgian company at the time...
 
They both were born in Tunisia, and they moved to congo for work.
Her father was working for a Belgian company at the time...

Oh wow. That is the sort of scenario that can be an exception, BUT in this case it would allow her to construct a case to claim Tunisia as a country of chargeability - again that would lead to an AF region number. I'm sorry, that is conclusive. She will be disqualified. So yes I would withdraw the DS260 if I were you.

Of course you can make your own inquiries and you could even choose to go through the process to confirm the horrible news I have delivered, but the rules that I posted above are clear and rigorously enforced.
 
Thank you for your reply !

I'm devastated right now !!

Where should I go to have an "official answer" if I may say so... ?
Will KCC answer that specific question ?
 
So, just to be sure... she couldn't claim Belgian as country of chargeability from her parents because they were not belgians at the time she was born... is that it ?
 
Thank you for your reply !

I'm devastated right now !!

Where should I go to have an "official answer" if I may say so... ?
Will KCC answer that specific question ?

I totally understand where you are coming from. I would want the official answer too. KCC may answer the high level question about charge ability rules. They probably will not be aware of the nuances of the cross charge ability rules, but since you can see you don't meet any cross charge ability scenarios, that shouldn't be an issue.

Lawyers don't know the DV rules. Might sound odd, but they don't. Not in the US and certainly not in Belgium.

In a way, the only official answer you can get is to go through the process, but since that will cost you in medical and interview fees It will be an expensive way to get the final no. Since this is very obvious, any CO will pick this up.
 
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