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Chargeability issue

D

Dinesh_Patel

New Member
Hi,



I would like to ask a question regarding chargeability, I have currently applied for the dvlottery as a principal applicant and I am using my wife’s country of birth to be eligible. I wanted to know if my wife also needs to fulfil the education/work experience requirement or is it just the primary applicant requirement?



Thank you,



Dinesh.
 
The requirement is just for the primary applicant only (yourself). At the same time, if your spouse also fulfills education/work experience requirement, that will not be considered as a disqualifying factor.
 
Thanks for the reply, did you mean to say that she does not have to fulfill the education/work experience requirement even though I am using her country of birth as chargeability as my country of birth is not eligible.

Thanks.
 
From Wolfsdorf (Vice President of AILA):

Families may file as following-to-join or accompanying applicants to the principal applicant for purposes of the diversity program. However, those claiming alternate-state chargeability from a spouse, should note that, “when one spouse confers preference status upon the other and the other spouse confers derivative foreign state chargeability, both are considered principal applicants -- one for the purpose of conferring a more favorable status and the other for the purpose of conferring a more favorable chargeability. In such cases, both must be issued visas and must apply for admission simultaneously.”20 It is our position that the spouse who confers favorable chargeability for the DV winner will not have to also fulfill the education or experience requirements.
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So, it is Wolfsdord's own opinion, not directly based on any government document.
 
Hello,
The cross charge process, if wasn't selected right during the online entry, is changeable?
I chooses Italian, my wife is Russian, (same geographic area) and our common law relation was establish prior the entry. (Our son is 2'years old)
How log does it takes to be corrected if possible?
Case 2013EU0000504@
Thanks
 
Serch said:
Hello,
The cross charge process, if wasn't selected right during the online entry, is changeable?
I chooses Italian, my wife is Russian, (same geographic area) and our common law relation was establish prior the entry. (Our son is 2'years old)
How log does it takes to be corrected if possible?
Case 2013EU0000504@
Thanks
Click to expand...

Weren't you already disqualified ? Why are asking this question ?
 
Serch said:
Hello,
The cross charge process, if wasn't selected right during the online entry, is changeable?
I chooses Italian, my wife is Russian, (same geographic area) and our common law relation was establish prior the entry. (Our son is 2'years old)
How log does it takes to be corrected if possible?
Case 2013EU0000504@
Thanks
Click to expand...

I did not get it. In order for you to take chargeability from parents, certain conditions should be satisfied. They need to be present in Columbia temporarily when you were born, and none of them should have been born in Colombia or lived in Colombia permenently.
You can always take chargeability from you spouse, provided you are legally married at the time of submitting electronic entry, and provided you get visa at the same time and enter US at the same time. Common law marriage is not enough, unless recognized by the government of the country where you live, as a legal marriage.
 
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Conclusion
If a couple has (1) made statements to each other to create a marriage, (2) lived together continuously (and at least temporarily on vacation in a state like Pennsylvania that recognizes common law marriage), and (3) has held themselves out and has had the reputation generally of being husband and wife, then New York Courts may indeed recognize their marriage as valid for the purpose of equitable distribution in divorce, a spousal share in an estate, and many other purposes.
http://public.getlegal.com/articles/common-law-marriage

Im facing an issue, because we lived together in NYC, we visited many states including PA, WA and FL. 2007 -2009
we were in Colombia 2009, Common Law is legal there.
Our baby born in Moscow in april 2011, entry DV october 2011 and married in June 2012 NYC.

Any opinion regarding my cross changeability options?

Thanks
 
at the time of the entry oct 2011, I choose changeability to Italy, now we have to use cross Chargeability.
 
No, the officer help us to overcome the issue about child not listed on the original application, because KCC accepted my update at the time it was done. Aug 2012.
 
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.
 
9 FAM 42.33 N4.3 Errors in Choice of Country of Chargeability
(CT:VISA-1478; 08-26-2010)
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.
 
Serch said:
Conclusion
If a couple has (1) made statements to each other to create a marriage, (2) lived together continuously (and at least temporarily on vacation in a state like Pennsylvania that recognizes common law marriage), and (3) has held themselves out and has had the reputation generally of being husband and wife, then New York Courts may indeed recognize their marriage as valid for the purpose of equitable distribution in divorce, a spousal share in an estate, and many other purposes.
http://public.getlegal.com/articles/common-law-marriage

Im facing an issue, because we lived together in NYC, we visited many states including PA, WA and FL. 2007 -2009
we were in Colombia 2009, Common Law is legal there.
Our baby born in Moscow in april 2011, entry DV october 2011 and married in June 2012 NYC.


Thanks
Click to expand...

From your link:

the State of New York has abolished common law marriage
Click to expand...
So, living together in NYC does not create your marriage as a legal marriage. But if you lives in a common law state, NY does recognize it. What is the common law state you lived in?
Any opinion regarding my cross changeability options?
Click to expand...
As I said, you cam always get chargeability through your wife, provided your marriage is a legal marriage at the time of submitting initial entry and since then, and you get the visas together and enter US together. It is not nesessary that your contry is not eligible. Even if it is eligible, you can take your country.

But in order to take chargeability through your parents, a lot of additional conditions need to be satisfied. You have not mentioned yet they are satisfied.
They have to be in Columbia temporarity when you were born there, and none of them should be a resident of Columbia ever or be born in Columbia
 
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We went to Pensilvania, D Columbia and Florida. (according what I'm reading Common law spouse is allowed in these states)
About chargeability through parents is no way :(, now I should focus on cross charge-ability.
This is the last resource that we can handle, and probe our relation was legally recognized in the US prior the DV entry.
Also, at the time of the original submission I was in NY, Oct 1 2011.
So, is you Know arguments to deal with this situation, them are welcome.
Thank You.
 
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I do not really know except very general advice:

http://www.state.gov/documents/organization/86920.pdf

9 FAM 40.1 N1.2 Cohabitation
(CT:VISA-1614; 01-07-2011)
In the absence of a marriage certificate, an official verification, or a legal brief verifying full marital rights, a common law marriage or cohabitation is considered to be a “valid marriage” for purposes of administering the U.S. immigration law only if:
(1) It bestows all of the same legal rights and duties possessed by partners in a lawfully contracted marriage; and
(2) Local laws recognize such cohabitation as being fully equivalent in every respect to a traditional legal marriage, e.g.:
(a) The relationship can only be terminated by divorce;
(b) There is a potential right to alimony;
(c) There is a right to intestate distribution of an estate; and
(d) There is a right of custody, if there are children
Click to expand...

I think it would not be easy
 
You were mentioning points a and c. You did not mention points b and d, while all four points are required.
 
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