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DV 2015 Egyptians meet here

Ahh yes - thanks Mom for pointing to the earlier thread.

As Susie says - you have put yourself into a gray area by the choice you made on the eDV. We cannot be certain how a CO will implement the rules on this case - it is a rare scenario, that a CO may or may not know how to handle - and even though Susie, Mom and myself know the rules well, I think it is fair to see that none of us are certain of the precise rule in this case. As Susie says - we will be interested in hearing the outcome of your case.
 
yousuf123 said:
this what I have got so far, I think it is not a gray area, do you agree?
"Your country of eligibility will normally be the same as your country of birth. However, you may choose your country of eligibility as the country of birth of your spouse, or the country of birth of either of your parents if you were born in a country in which neither parent was born and in which the parents were not resident at the time of your birth. These are the only three ways to select your country of chargeability"

"
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That is the instruction, not the law - and yes, if I were you I would have those instructions printed out with you at the interview.
 
There are two circumstances in which you still might be eligible to apply. First, if your derivative spouse was born in an eligible country, you may claim chargeability to that country. As your eligibility is based on your spouse, you will only be issued a DV-1 immigrant visa if your spouse is also eligible for and issued a DV-2 visa. Both of you must enter the United States together using your DVs. Similarly, your minor dependent child can be “charged” to a parent’s country of birth.
 
yousuf123 said:
Yes, I did not get any solid answer, I have been search and search, and all what I found out is as long as my wife born in Egypt and has the high school education; it should be ok and cannot be eliminated? is that correct?
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My guess is the CO may still try to determine whether you gained any unfair advantage by claiming you're cross charging to your wife's country of birth when you own country is equally eligible. I know the law says:

If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying. However, if a DV applicant chooses a country of chargeability during DV registration that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, you may continue processing the application.

http://www.state.gov/documents/organization/87838.pdf
​
You're obviously not cross charging to a country within the same region of your country of birth, however, the basis of cross charging to a spouse's country of birth requires you to be born in a none eligible country:

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.
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You situation is a rather dicey one IMHO!

​
 
yousuf123 said:
this what I have got so far, I think it is not a gray area, do you agree?
"Your country of eligibility will normally be the same as your country of birth. However, you may choose your country of eligibility as the country of birth of your spouse, or the country of birth of either of your parents if you were born in a country in which neither parent was born and in which the parents were not resident at the time of your birth. These are the only three ways to select your country of chargeability"

"
Click to expand...

This bit makes it seem as though you can choose what you want. However the earlier bit in the rules says IF you are born in a non-eligible country THEN you can choose parent or spouse, which makes it sound like you can't choose those if you are eligible. That is why I said it was a grey area. By all means go ahead with the interview, this has been a topic of debate on and off here for a bit and I think we would be happy to have such a case go to interview and report back so we can tell future people conclusively which applies ;)
 
yousuf123 said:
There are two circumstances in which you still might be eligible to apply. First, if your derivative spouse was born in an eligible country, you may claim chargeability to that country. As your eligibility is based on your spouse, you will only be issued a DV-1 immigrant visa if your spouse is also eligible for and issued a DV-2 visa. Both of you must enter the United States together using your DVs. Similarly, your minor dependent child can be “charged” to a parent’s country of birth.
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I don't know the exact place you got that from but given how it starts, you clearly left off a preceding sentence. Something similar to this one on the first page of the DV rules: "If you were not born in an eligible country, there are two other ways you might be able to qualify." ...
I don't know why you think quoting selectively here to (try) get people to agree with you is going to make any difference to your outcome. You have our views - it might work, it might not - no-one here thinks it is either guaranteed to be a success or guaranteed to be a denial. Like I said, we're happy for a test case...if you're willing to gamble the DV fee and other costs, please let us know how it turns out.
 
SusieQQQ said:
This bit makes it seem as though you can choose what you want. However the earlier bit in the rules says IF you are born in a non-eligible country THEN you can choose parent or spouse, which makes it sound like you can't choose those if you are eligible. That is why I said it was a grey area. By all means go ahead with the interview, this has been a topic of debate on and off here for a bit and I think we would be happy to have such a case go to interview and report back so we can tell future people conclusively which applies ;)
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I don't think one interview result will be conclusive. The question will remain, did the CO understand and apply the rules correctly, and will another CO always reach the same decision based on the scenario.
 
I was going to explain the rule but the admins did it very well.
So I will tell you about my experience
I was born in Saudi Arabia too and I am single. I chose Sudan as I country of eligibility cause I mistakenly thought it is about citizenship. So I kept surfing the net looking for a similar case. I found a selected case got rejected the visa in the interview cause he did the interview in Saudi Arabia although she was a married woman was born in Saudi Arabia and her husband was born in Sudan. Those unlucky couple was selected in 2014 and gave advice to change interview to Cairo due to easier processing.
For me I read a lot stories some gets the visa and some get denied. So I decided to do the interview in Cairo as there is no immigration office for US in Sudan. Something I should mention I got a new birth certificate from Sudan that say I was born in Saudi Arabia.
I was prepared with every argument possible regarding the law or instructions but the interview went smoothly not more than 2 minutes with the CO.
They asked about birth certificate and all the papers quickly I think he only read the title of each paper, the visa got issued within 2 days and got it in a week.

I am really thankful for this mistake cause choosing AS would jeopardize my chances for getting visa because of high CN. To be safe I applied for this year and change country of eligibility to Saudi Arabia and surprisingly got selected again, but with a high case number 2016AS98**. A CN high enough to keep me anxious for another year. Still it feel great to get selected twice from different continent. Like They wanted me to come to US no matter where I am from love to think that way.

So doing the interview in Cairo is your best bet my friend. Prepare all the papers be organized and good luck
 
@Mr.niceguy,

I had no choice but to delete your post. I understand you were trying to help @yousuf123 find a solution to his issue, since you were once in the same boat. However the route you took to make things work for you is rather inappropriate, it's actually fraudulent and we do not encourage nor provide guidance to people on how to obtain a U.S. Visa in a manner which is considered fraudulent or inappropriate.
 
Ok I thought I deleted the post myself
It didn't seem inappropriate or fraudulent to me.
Looks like I mispresented my case.
 
It wasn't fake
It was formal from official government office
I got the birth certificate from Saudi Arabia and bring it to the office in Sudan and they gave me a Sudanese birth certificate that says I was born in Saudi Arabia. In Sudan they don't accept the Saudi BC at any office until u get a Sudanese one.
I don't know if that's even made a difference.

I did everything Perfectly legally
 
Mr.niceguy said:
It wasn't fake
It was formal from official government office
I got the birth certificate from Saudi Arabia and bring it to the office in Sudan and they gave me a Sudanese birth certificate that says I was born in Saudi Arabia. In Sudan they don't accept the Saudi BC at any office until u get a Sudanese one.
I don't know if that's even made a difference.

I did everything Perfectly legally
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I do owe you an apology. I misread your initial post, thinking you had stated you were born in Sudan and got a new BC which now shows you as being born in Saudi Arabia. I do apologizing for categorizing your post as fraudulent or inappropriate, I've therefore gone ahead and restored it. Really sorry for the mix up.
 
Really no need for apology , I know that your intention wasn't harmful.
I was shocked cause i wouldn't commit a fraud especially when applying for visa.
 
Mr.niceguy said:
Really no need for apology , I know that your intention wasn't harmful.
I was shocked cause i wouldn't commit a fraud especially when applying for visa.
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You were very lucky the CO did not notice the chargeability error. Your "solution" is not something that will always work - because it relies on the CO making a mistake - and you were wise to choose Cairo as they are predisposed to approve cases. Congratulations on your visa - there must be good things in the cards for you in America!
 
It seems to me what happened in that case was the CO saw the Sudanese birth certificate and assumed he was born in Sudan, because he didn't read the details. So yes indeed a mistake by the CO and not a case that can be used for precedent.
 
Britsimon said:
You were very lucky the CO did not notice the chargeability error. Your "solution" is not something that will always work - because it relies on the CO making a mistake - and you were wise to choose Cairo as they are predisposed to approve cases. Congratulations on your visa - there must be good things in the cards for you in America!
Click to expand...

I agree with you. Thanks for the wishes.

SusieQQQ said:
It seems to me what happened in that case was the CO saw the Sudanese birth certificate and assumed he was born in Sudan, because he didn't read the details. So yes indeed a mistake by the CO and not a case that can be used for precedent.
Click to expand...

I know it is not something solid you can depend on in next cases. I was very worried and anxious till I received the passport in my hand and got the visa issued on it although I know 3 different cases had exactly the same issue and got the visa in Cairo .
 
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