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DV 2017 Administrative Process (AP) Cases

Discussion in 'Lottery Visas - DV' started by snoozer, Nov 3, 2016.

  1. Britsimon

    Britsimon Super Moderator

    Yes, my comments were based on recent cases. The most recent was interesting, the embassy did not check the spouses' education, but did issue the visas as dv1s and had the notation that they had to enter together. So the embassy didn't know how to apply the rule at the interview, but got the post interview processes right.

    I agree though, there is significant risk and following the instructions would have been easier.
     
    Nubecita likes this.
  2. Nubecita

    Nubecita New Member

    Thank you very much for your answers, so should we risk it? my wife does not have the required education and her profession is not qualified, I do not know what to do if I risk or not ... what a great dilemma!
     
  3. Britsimon

    Britsimon Super Moderator

    That question is for you to answer. The risk is a few hundred dollars. So -how badly do you want a Green Card?
     
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  4. SusieQQQ

    SusieQQQ Well-Known Member

    More like a thousand dollars if not a bit more, for 2 medicals (not sure how much they are in Spain) plus 2 visa fees.
    But yes, it's a good way to look at it. On paper there will be a denial so it's whether or not they're willing to risk the money (and time) getting the medicals/documents in order and if necessary traveling to Madrid on the gamble that the CO will overlook both the original chargeability error (probably a fairly safe bet if presented properly) as well as the spouse's lack of qualifying education (more risky). Some people would happily wager that to try get a green card, others wouldn't... personal decision.
     
    Nubecita likes this.
  5. Nubecita

    Nubecita New Member

    We are 4, my wife and I and two daughters, too much risk :(
    Do you know of a similar case that gave them the visa?
     
  6. SusieQQQ

    SusieQQQ Well-Known Member

    A similar case doesn't matter unless it's exactly the same interviewing officer at the same embassy who has not learned from their previous error. There is no doubt that on paper you do not qualify, so you would certainly be gambling on a consular official making an error to approve you.
     
  7. Britsimon

    Britsimon Super Moderator

    I already detailed above - a similar case that was approved, but every case is different . Assuming the embassy is Madrid - I would say there is a reasonable chance they don't apply the rules 100% correctly.

    You could attend the interviews without the medicals. That will cause delay - but save money in the event you are denied. It will also increase the risk slightly - because once you are on AP, they havce time to research how the case should be handled.

    Sometimes (not always) they ask the applicant to pay for one interview fee before the interview, and the derivatives after. If you have to pay all four - that will cost $1320.

    So yes - you might be risking around 3000 Euros. If that is a lot of money in your circumstances, you may not want to risk it. In the area where I live, that would barely pay a month's rent. So - cost would be quickly recouped **if** you succeed in the States. Typically, first generation immigrants find it a struggle to start with, but things get better after a few years and there is certainly more opportunity for the children. So - the question is possibly about your kids. Spain can offer a lovely relaxed life for them, but the USA will give them more.

    Now - you need to decide whether to do this - or try again, this time reading the instructions.
     

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