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2015 selectee - Need your help

SusieQQQ said:
There is an immigration attorney (may be one of the links simon posted earlier) who recommends using cross chargeability strategically to increase chances of winning, implying without doubt that you can use your spouse irrespective of whether or not your own country is eligible.
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Correct - that is Waldorf - and yes I linked to two of their documents earlier.
 
ijon said:
How do I withdraw the application? I'm still not sure, but I need to have all the options...
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You can withdraw by emailing KCC. But look, can you afford to lose about 1000 Euros? I really don't believe a denial will ever cause you an issue in future visits to the USA - so if that is your concern, you don't need to withdraw for that reason. So - it comes down to money and your time/emotional investment in this dream. But to be clear, there is no easier type of immigrant visa to get. It really is an amazing opportunity so if you want a life in the USA it is well worth a shot.
 
Thank you again Simon...

Ok, last question... at least for today ;-) Again... THANK YOU FOR YOUR TIME !!!!

Should I go ahead and simply ask KCC if I can use the cross-chargebility in my case ?
Simply tell them 'Alright, I decided to cross-charge and this rule is saying that I can do so'
OR even be straightforward and say 'I made an honest mistake, but, hey, I found this rule that says that it is not a mistake after all'

Is that a risk of raising more questions and problems at the end of the day ?

Gosh, I can't even begin to tell how much I hate myself for making that STUPID mistake !!
 
ijon said:
Thank you again Simon...

Ok, last question... at least for today ;-) Again... THANK YOU FOR YOUR TIME !!!!

Should I go ahead and simply ask KCC if I can use the cross-chargebility in my case ?
Simply tell them 'Alright, I decided to cross-charge and this rule is saying that I can do so'
OR even be straightforward and say 'I made an honest mistake, but, hey, I found this rule that says that it is not a mistake after all'

Is that a risk of raising more questions and problems at the end of the day ?

Gosh, I can't even begin to tell how much I hate myself for making that STUPID mistake !!
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KCC will just tell you that they can't judge the merits of the case and a consular officer will be the one to adjudicate/decide.
 
ijon said:
Thank you again Simon...

Ok, last question... at least for today ;-) Again... THANK YOU FOR YOUR TIME !!!!

Should I go ahead and simply ask KCC if I can use the cross-chargebility in my case ?
Simply tell them 'Alright, I decided to cross-charge and this rule is saying that I can do so'
OR even be straightforward and say 'I made an honest mistake, but, hey, I found this rule that says that it is not a mistake after all'

Is that a risk of raising more questions and problems at the end of the day ?

Gosh, I can't even begin to tell how much I hate myself for making that STUPID mistake !!
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Honestly I (personally) wouldn't raise it with KCC or at the interview until the CO raises it.

KCC will almost certainly tell you that you would be disqualified. If you can ask them the question without giving your case number then feel free to try that. Honest mistake or not, the high level view is that eligibility is based on nativity - so KCC will tell you that. KCC cannot disqualify your case, but they can "flag" it so by raising it with KCC (giving your case number) you will most almost certainly make it an issue. You want to be in control when that conversation comes up....
 
Britsimon said:
You can withdraw by emailing KCC. But look, can you afford to lose about 1000 Euros? I really don't believe a denial will ever cause you an issue in future visits to the USA - so if that is your concern, you don't need to withdraw for that reason. So - it comes down to money and your time/emotional investment in this dream. But to be clear, there is no easier type of immigrant visa to get. It really is an amazing opportunity so if you want a life in the USA it is well worth a shot.
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You're probably right Simon... But you know as big that opportunity is, I don't want to jeopardise anything in the future, you got me right there, it is my main concern.
Ok, here's how I see it from all your useful inputs:

There is a slight chance we can go through and get our visa. (And that is counting the CO will not do his job properly) Meaning there is a Huge chance we get denied. We all know what that means, we're likely gonna get denied... Maybe I'm wrong (god I hope I'm wrong), but I honestly don't see a CO accepting someone educating him, and just giving it up, like that...
And I fear that just pulling out a law rule that he might have even never heard of will upset him even more. Odds are against us.
So let's say we get denied... At some point, I'm gonna need to file for ESTA for a future trip. And obviously, I'm gonna have to tick the case saying I was denied a visa.
So, even if you're saying it is not an automatic knockout, again, there is a good chance we get denied there again... right?
Then I will have to apply for a non-immigrant visa... There, I don't see it either. How could they possibly give me a non-immigrant just after an immigrant visa denial. Maybe I'm too pessimist here, but I just don't see it...

I'm really torn appart here, because I do realise this is a major opportunity and I might never have that window again, but in the same time, I don't even have a 50% chance of getting it.
So I'm wondering, if the chance is so thin, and the consequences potentially that serious, is it really a good idea to go through with it. I just don't know.

IF i decide to withdraw (which I didn't yet) is there a time limit to do so ? Can I still withdraw even when the interview is scheduled ?
 
Ok, this is the last time I am going to say this: from what I have seen and understood, you are perfectly entitled to cross charge if you want. So it does not depend on a CO mistake, and it is not a small chance. But because this doesn't happen often for DV, there are divergent views here. Even if that is the case there is NOTHING to suggest someone from an EU country is under any real risk of being refused a visitor visa for the US even if they can't do VWP.

There is a limit to the amount of times I am prepared to repeat myself, so I'm done with this thread...
 
SusieQQQ said:
Ok, this is the last time I am going to say this: from what I have seen and understood, you are perfectly entitled to cross charge if you want. So it does not depend on a CO mistake, and it is not a small chance. But because this doesn't happen often for DV, there are divergent views here. Even if that is the case there is NOTHING to suggest someone from an EU country is under any real risk of being refused a visitor visa for the US even if they can't do VWP.

There is a limit to the amount of times I am prepared to repeat myself, so I'm done with this thread...
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I'm sorry if I did upset you in any way! And I can't thank you enough for your inputs.
This is all very new to me, I'm sure you'll understand.
I was never confronted to immigration before in my life, and this is a dream I'v been cherishing for almost 20 years, so I just don't wanna make more (stupid) mistakes than I already did.
 
SusieQQQ said:
Ok, this is the last time I am going to say this: from what I have seen and understood, you are perfectly entitled to cross charge if you want. So it does not depend on a CO mistake, and it is not a small chance. But because this doesn't happen often for DV, there are divergent views here. Even if that is the case there is NOTHING to suggest someone from an EU country is under any real risk of being refused a visitor visa for the US even if they can't do VWP.

There is a limit to the amount of times I am prepared to repeat myself, so I'm done with this thread...
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Yes let me add to what SusieQQQ says.

1. There is a chance that I am wrong. I am not a lawyer and a well known DV expert lawyer seems to suggest you can cross charge at will ( this s also what SusieQQQ is saying). So don't cancel just because some guy on the Internet told you to!
2. You are being FAR to pessimistic on the ESTA or travel visa thing. The denial MAY stop the automatic processing of the ESTA (SusieQQQ and I sort of disagree on at also :p) BUT, I am certain (as is Susie) that this denial would not stop you getting any other temporary or immigrant visa. if you were being denied for a reason such as immigration fraud or a criminal record that would be different, but this denial if given would be for not reading the instructions.

And speaking of not reading the instructions, as SusieQQQ is saying, stop inventing more risk tan exists. You have already created enough drama for yourself, so now is the time to relax, understand your options and make a clear decision. In your position, I would take the chance, because there is only money and time at risk. There is NO RISK that this will cause you any future issues. NONE, NADA, RIEN, ZIP!
 
Britsimon said:
Yes let me add to what SusieQQQ says.

1. There is a chance that I am wrong. I am not a lawyer and a well known DV expert lawyer seems to suggest you can cross charge at will ( this s also what SusieQQQ is saying). So don't cancel just because some guy on the Internet told you to!
2. You are being FAR to pessimistic on the ESTA or travel visa thing. The denial MAY stop the automatic processing of the ESTA (SusieQQQ and I sort of disagree on at also :p) BUT, I am certain (as is Susie) that this denial would not stop you getting any other temporary or immigrant visa. if you were being denied for a reason such as immigration fraud or a criminal record that would be different, but this denial if given would be for not reading the instructions.

And speaking of not reading the instructions, as SusieQQQ is saying, stop inventing more risk tan exists. You have already created enough drama for yourself, so now is the time to relax, understand your options and make a clear decision. In your position, I would take the chance, because there is only money and time at risk. There is NO RISK that this will cause you any future issues. NONE, NADA, RIEN, ZIP!
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There is a happy update on this case. The OP was approved and has been issued the visa.

I believe the embassy didn't follow the rule correctly since if they had applied cross chargeability they should at least have treated both husband and wife as principal applicants (checking education on both) and additionally they have been issued visas with DV1 and DV2 class codes (selectee plus derivative). We know embassies makes mistakes - it's just nice to read a cases where the mistake work in the favor of the selectee - and that shows it is sometimes worth a gamble.

From a rule clarification perspective I think it is inconclusive because the rule wasn't applied correctly. So the jury is still out whether cross charging in this way is safe or not - but in this case the judge didn't wait for the jury to return!!! :D:cool:
 
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