• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

Is it possible to claim spouse’s country of birth for the DV lottery, though he doesn't satisfy the educational requiremnt for DV lottery? I do though

can i (primary) claim spouse’s country of birth, though he doesn't satisfy the edu requirement? i do

  • YES

  • NO

Results are only viewable after voting.
If selected, you’ll both be required to demonstrate you qualify by meeting the educational or work requirements.
 
thank you for taking the time to send me a quick reply, really appreciate it more than you know.
My spouse has technically not completed his last year of high school but he did manage to get acceptance from a polytechnic & complete a graduate certificate in IT and a graduate diploma in IT.

Can the graduate diploma count as his highest level of education?
 
You and your spouse can each apply for DV separately. If your spouse doesn't meet the educational requirements, they can't apply for DV. But if you meet the educational requirements, but your country of birth is not eligible for DV but your spouse's is, you can apply for DV and charge to your spouse's country of chargeability, as long as the both of you will immigrate at the same time if you are selected.
 
Quite doubtful that will qualify as meeting the educational requirements.
Click to expand...

@Sm1smom in nz, we have 13 years of Schooling. He did finish year 12. so he does qualify, right? (completion of at least 12 years schooling)

@Bob22 in an old post says "Provide original documentation showing satisfactory completion of at least 12 years schooling, including 4 years high school education. If you do not qualify with at least 4 years High School (N.Z. 6th Form or grade 12), you must present evidence and proof which meets US Labor Department Grade 7 "


But if you meet the educational requirements, but your country of birth is not eligible for DV but your spouse's is, you can apply for DV and charge to your spouse's country of chargeability, as long as the both of you will immigrate at the same time if you are selected.
Click to expand...

@newacct gotcha & he doesn't have to qualify in this case?
 
upbeatbean said:
@Sm1smom in nz, we have 13 years of Schooling. He did finish year 12. so he does qualify, right? (completion of at least 12 years schooling)

@Bob22 in an old post says "Provide original documentation showing satisfactory completion of at least 12 years schooling, including 4 years high school education. If you do not qualify with at least 4 years High School (N.Z. 6th Form or grade 12), you must present evidence and proof which meets US Labor Department Grade 7 "
Click to expand...
The educational requirement isn't simply about completing 12 years of high school. The requirement is about "successful" completion of 12 years of high school that is comparable to completion of 12 years of elementary and secondary education in the United States. With the 12 year completion, will your spouse be able to gain a US college admission based on that alone? Here's how the 9 FAM 502.6 (U) describes the educational requirement:

(U) “At Least a High School Education or its Equivalent” Means Successful Completion of at least a:
(a) (U) Twelve-year course of elementary and secondary study in the United States; or
(b) (U) Formal course of elementary and secondary education in another country that is comparable to completion of 12 years of elementary and secondary education in the United States. A United States high school education is sufficient to qualify a student to apply for college admission so a foreign education should also be sufficient to allow a student to apply for college admission without further education to be equivalent to a United States education. Vocational degrees that are not a basis for further academic study are not equivalent to United States high school education.

So based on the above information, and anything else you've read, if you feel your husband meets the requirements, then give it a shot by all means.
 
upbeatbean said:
@newacct gotcha & he doesn't have to qualify in this case?
Click to expand...
I do not believe that is accurate. Cross chargeability to a spouse's country of eligibility is not just about both of you being willing immigrate at the same time if you are selected, that is simply one of the requirement. The spouse (with the eligible country) is also considered a "principal applicant", and not a derivative in this case. As a principal applicant, your spouse will need to demonstrate they meet the educational or work experience requirement also, like I previously explained. You can read up on this on yourself in 9 FAM 502.6 (U), where it says:

"A principal entrant born in a country that is among those for which DVs are available may derive a more favorable foreign state of chargeability from an accompanying spouse. For example, a principal applicant from a DV eligible country from a high-admission region may claim a more favorable chargeability from a spouse, who is from a DV eligible country from a low-admission region, if the relationship was established before submitting the DV entry. In such instances, however, both applicants are principal applicants for cross-chargeability and must be issued visas and apply for admission to the United States simultaneously."
 
Sm1smom said:
I do not believe that is accurate. Cross chargeability to a spouse's country of eligibility is not just about both of you being willing immigrate at the same time if you are selected, that is simply one of the requirement. The spouse (with the eligible country) is also considered a "principal applicant", and not a derivative in this case. As a principal applicant, your spouse will need to demonstrate they meet the educational or work experience requirement also, like I previously explained. You can read up on this on yourself in 9 FAM 502.6 (U), where it says:

"A principal entrant born in a country that is among those for which DVs are available may derive a more favorable foreign state of chargeability from an accompanying spouse. For example, a principal applicant from a DV eligible country from a high-admission region may claim a more favorable chargeability from a spouse, who is from a DV eligible country from a low-admission region, if the relationship was established before submitting the DV entry. In such instances, however, both applicants are principal applicants for cross-chargeability and must be issued visas and apply for admission to the United States simultaneously."
Click to expand...
The "both are principal applicants" simply means the principal beneficiary is the principal for the purposes of the immigration category eligibility, and the derivative spouse is the principal for the purposes of providing the chargeability, as explained in 9 FAM 503.2-4(A).h:
h. If Foreign State Chargeability Obtained from Derivative Spouse: An IV applicant may derive a more favorable foreign state chargeability from an accompanying spouse under INA 202(b)(2). For example, if the beneficiary of an Employment Second Preference petition was born in India and the accompanying spouse in France, the principal applicant born in India may be charged to their spouse’s country of chargeability (France) if the priority date is not current for India but is current for France. See 9 FAM 504.3-3(B).

(1) When one spouse can confer a more favorable preference status at the same time the other spouse can confer a more favorable foreign state chargeability, both IV applicants are principal applicants. The beneficiary is the principal to confer a preference status and the accompanying spouse is the principal to confer a more favorable foreign state chargeability. In such cases, both applicants must be admitted to the United States simultaneously and neither party is allowed to precede the other. This means that you must issue visas to both applicants simultaneously.
Click to expand...
It does not mean that the derivative spouse needs to meet the requirements of the category. For example, this type of principal-cross-charging-to-derivative-spouse is used in family-based and employment-based categories, but the derivative spouse does not need to have an offer of employment, or does not need to be a relative of a US person. So in the case of the DV, the derivative spouse does not need to meet the requirements of DV. I don't see anything that makes this work differently for DV compared to other categories.
 
You can always contact the Auckland consulate and ask, I found them very helpful back in 2018. I don't know if they still reply to such questions but they certainly did in 2018.

I'm assuming you are talking about NZ since you quoted me.
 
Sm1smom said:
I do not believe that is accurate. Cross chargeability to a spouse's country of eligibility is not just about both of you being willing immigrate at the same time if you are selected, that is simply one of the requirement. The spouse (with the eligible country) is also considered a "principal applicant", and not a derivative in this case. As a principal applicant, your spouse will need to demonstrate they meet the educational or work experience requirement also, like I previously explained. You can read up on this on yourself in 9 FAM 502.6 (U), where it says:

"A principal entrant born in a country that is among those for which DVs are available may derive a more favorable foreign state of chargeability from an accompanying spouse. For example, a principal applicant from a DV eligible country from a high-admission region may claim a more favorable chargeability from a spouse, who is from a DV eligible country from a low-admission region, if the relationship was established before submitting the DV entry. In such instances, however, both applicants are principal applicants for cross-chargeability and must be issued visas and apply for admission to the United States simultaneously."
Click to expand...
You are correct Mom. I have known such cases go for interview and both applicants were treated as principal applicants, which in the case of DV means they had to meet the education/work experience requirements. I have know at least one refusal on that basis, although to be fair I have also know another case where the CO did NOT ask for education docs for the "other" applicant - and that could happen in such a case depending on the experience/knowledge level of the CO.
 
You must log in or register to reply here.
Top