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Chargeability please need help asap

V

vanrod

Registered Users (C)
Hi
I got my NL DV-2011 !!! Can´t believe it, so close to my dreams.......But concerned.

1.- when you claim chargeability from your parents "both" have to be from an eligible country?
(I´ve seen post here where only one parent is from an eligible country and have passed the interview)
Now my case
2.- My husband was born in a not eligible country so he charged from his parents, he has dual citizenship.
3.- I was born in a not eligible country but I charged from my husband (thinking he was going to get the NL and we can prove his chargeability) BUT instead I got the NL!!
I don´t know what to do? Do we go together to the interview and prove his "chargeability"?
Am I eligible?
Please,please give me good news
 
Congrats!
You can claim either from your mom or dad side. It does not mean that they both should be from eligible country. Yes you can apply through your spouse if he is from eligible country. Yes you are eligible.Make sure you have all the documents so that you can be successful in your interview. All the best!
 
Congrats!
You can claim either from your mom or dad side. It does not mean that they both should be from eligible country. Yes you can apply through your spouse if he is from eligible country. Yes you are eligible.Make sure you have all the documents so that you can be successful in your interview. All the best!
 
vanrod said:
Hi
I got my NL DV-2011 !!! Can´t believe it, so close to my dreams.......But concerned.

1.- when you claim chargeability from your parents "both" have to be from an eligible country?
(I´ve seen post here where only one parent is from an eligible country and have passed the interview)
Now my case
2.- My husband was born in a not eligible country so he charged from his parents, he has dual citizenship.
3.- I was born in a not eligible country but I charged from my husband (thinking he was going to get the NL and we can prove his chargeability) BUT instead I got the NL!!
I don´t know what to do? Do we go together to the interview and prove his "chargeability"?
Am I eligible?
Please,please give me good news
Click to expand...

Your case looks a bit complicated. KCC may not be able to help you in this regard because their answers to queries are not always specific to the problem at hand but rather they normally quotes the relevant section of the dv requirements to buttress their answers.

Now to the issue, you are claiming chargeability based on your spouse, meanwhile your spouse was not born in an eligible country. Your spouse is also claiming chargeability based on where one of his/her parents where born. If it's your spouse who won the lottery then it would have been easy to prove his/her chargeability. During the interview you will be required to prove your country of chargeability and you can't call upon your spouse to come and prove this since you are the one won the lottery and not your husband.

I will advice to contact a solicitor who is experience in dv issues. You may get diverging opinions from here (forum) and such answers such as above will not help you.
 
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vanrod said:
Hi
I got my NL DV-2011 !!! Can´t believe it, so close to my dreams.......But concerned.

1.- when you claim chargeability from your parents "both" have to be from an eligible country? NO - just one parent is enough
(I´ve seen post here where only one parent is from an eligible country and have passed the interview)
Now my case
2.- My husband was born in a not eligible country so he charged from his parents, he has dual citizenship. Did he win? If not, you cannot claim on his behalf just because you won
3.- I was born in a not eligible country but I charged from my husband (thinking he was going to get the NL and we can prove his chargeability) BUT instead I got the NL!! How is this possible? You can only charge for yourself or parent(s) born in eligible country. WERE ONE OF YOUR PARENTS BORN IN AN ELIGIBLE COUNTRY?
I don´t know what to do? Do we go together to the interview and prove his "chargeability"?
Am I eligible?
Please,please give me good news
Click to expand...

Hi Vanrod,

If I'm reading your post correctly (see my answers above in red) then you cannot claim through your husband. Let me make sure I understand.

1.) You won the lottery and received the first NL?
2.) Neither you or any one of your parents were born in an eligible country?
3.) If the answer is "yes" to 1.) and 2.) then you cannot claim chargablity through your husband.

It would be a different story if your husband won/received the 1st NL. He would claim on behalf of his parent(s) and you would be eligible through him. But unfortunatley it does not work the way you have described. He and ONLY he has to win the lottery in order for both of you to go, since you were not born in an eligible country and neither were your parents. Make sense?

I would seek further clarification by calling the KCC or an immigration lawyer (a good lawyer won't charge to answer this simple question). I'm sure others here will have more insight too.

I hope it works out well for you.
 
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to SADK2,
you really undestood me,
1.) You won the lottery and received the first NL?
2.) Neither you or any one of your parents were born in an eligible country?
3.) If the answer is "yes" to 1.) and 2.) then you cannot claim chargablity through your husband.

So its definitely a NO......so I have to quit now before even trying? I´ts so sad and dissaponting.....
don´t we all go together to the interview?
do you know a good lawyer like you mentioned?
Many thanks...(so sad)
 
vanrod said:
Hi
I got my NL DV-2011 !!! Can´t believe it, so close to my dreams.......But concerned.

3.- I was born in a not eligible country but I charged from my husband (thinking he was going to get the NL and we can prove his chargeability) BUT instead I got the NL!!
I don´t know what to do? Do we go together to the interview and prove his "chargeability"?
Am I eligible?
Please,please give me good news
Click to expand...

You can just claim chargability through your husband if he was born in an eligible country not his parents . So be very careful before you proceed you may be denied. Unless one of your parents and your husband have the same citizenship.
 
vanrod said:
to SADK2,
you really undestood me,
1.) You won the lottery and received the first NL?
2.) Neither you or any one of your parents were born in an eligible country?
3.) If the answer is "yes" to 1.) and 2.) then you cannot claim chargablity through your husband.

So its definitely a NO......so I have to quit now before even trying? I´ts so sad and dissaponting.....
don´t we all go together to the interview?
do you know a good lawyer like you mentioned?
Many thanks...(so sad)
Click to expand...

Vanrod,

I may be incorrect. According to Didi01 you can claim through your husband ONLY IF he was BORN in an eligible country.

Here are the official instructions to DV-2011 (http://www.travel.state.gov/pdf/DV-2011instructions.pdf)

It clearly states on page 2 that if you claim through a spouse, he MUST HAVE BEEN BORN in an eligible country. Is that the case?

"Native of a country whose natives qualify: In most cases, this means the country in which you were born. However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse’s country of birth—provided that both you and your spouse are on the selected entry, are issued visas, and enter the United States simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents’ countries of birth if it is a country whose natives qualify for the DV-2011 program."
 
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It's also important to add that the instructions also say "neither of your parents was born there or resided there at the time of your birth". I saw someone mention if one parent is clear then it's ok but from the instruction it seems that both parents must be clear.

Vanrod your case seems complicated but I think the instructions are very clear. Sorry.
 
sonibago said:
It's also important to add that the instructions also say "neither of your parents was born there or resided there at the time of your birth". I saw someone mention if one parent is clear then it's ok but from the instruction it seems that both parents must be clear.

Vanrod your case seems complicated but I think the instructions are very clear. Sorry.
Click to expand...

"neither of your parents was born there OR resided there at the time of your birth"

There, OR is also important, there was this peculiar case in this forum few weeks ago from one guy in UK...

Mom was English and Dad Spanish and they were LIVING in Spain.
Mom travels to UK to have the baby and baby born in UK.
ALL living in UK as of now.
'Baby' wins DV10!!, Charges Spain and proves that at the time of his birth parents' permanent abode was in Spain...he was issued DV!!
 
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Vanrod, unfortunately it seems your case is mute since you WON !

DV program parents' option follows the 'direct blood heritage' of the WINNER for chargeability.

Hope your spouse wins next time.

HOWEVER, make some 'more inquiries' on this to be certain.

Best !
 
NuvF,

that case (the spanish boy) is the one that caught my attention, that only one parent was eligible.
what do you mean my case is mute? is over?...I know, sadest day ever!!!

I can´t believe I won and not collect the prize
 
Vanrod:

It would be helpful if you listed for you AND your husband where you where each born; where each of your parents were born; and where each of your parents resided at the time of your births. That way you may get some clearer answers. Your current nationalities are irrelevant.
 
@ ammeck09
Your case looks a bit complicated. KCC may not be able to help you in this regard because their answers to queries are not always specific to the problem at hand but rather they normally quotes the relevant section of the dv requirements to buttress their answers.
can you explain me..I don´t really understand
To everyone... I must call or email KCC an explain or just drop it?
Thanks again
 
Read this thread : forums.immigration.com/showthread.php?313314-visa-denied-after-interview

Nobody on this board can give you a DEFINITE answer whether you are eligible or not and nor should you rely on what anybody here says. Only a qualified lawyer can tell you or a KCC/embassy officer charged with proper responsibility for answering your case. Whatever you do, get a written response if you are corresponding with them on this issue. Spell out everything clearly about your case, all the countries/background involved. Then ask for written official answer CONFIRMED 100% from their end. Don't get in the same situation where you end up spending 5k for nothing like the poor guy on the other thread.
 
aqua1 said:
........ Then ask for written official answer CONFIRMED 100% from their end.........
Click to expand...

That is wishful thinking just 'cos of the 'statutory' nature of these issues.
Only way they will give you 100% answer is, if you make an application for visa in the prescribed forms, pay fees, face a DoS visa officer or USCIS IO who are empowered by statues to make decision.
The 100% answer will come in the form of visa issue or denial. Latter is what happened for the other person (unfortunately) after a $5k gamble!

In that case, as well as this, for most the outcome is more or less certain if one can read and understand the straight fwd DV rules.
Since Vanrod nor husband is qualified, she has only her parents' route, but it seems their situation do not fit in either, hence it is MUTE.

(If as some believe spouse's parents' route is possible, it would have been something DV rules would be VERY CLEAR , 'cos many more will be qualified to apply for DV in that route if applicable)
 
vanrod said:
@ ammeck09
Your case looks a bit complicated. KCC may not be able to help you in this regard because their answers to queries are not always specific to the problem at hand but rather they normally quotes the relevant section of the dv requirements to buttress their answers.
can you explain me..I don´t really understand
To everyone... I must call or email KCC an explain or just drop it?
Thanks again
Click to expand...

What I want to say is that if you contact KCC they will not give you a definite answer whether you qualify or not. They will merely quote something like this for you, "Native of a country whose natives qualify: In most cases, this means the country in which you were born. However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse’s country of birth—provided that both you and your spouse are on the selected entry, are issued visas, and enter the United States simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents’ countries of birth if it is a country whose natives qualify for the DV-2011 program."

What I see about this is that it doesn't specifically answer your question but it has a connection to your query.
 
Here's a Q,

If an Indian (or a Chinese) is born in Japan (whilst say parents are just visiting there) is he qualified?
I believe Japan do not give automatic citizenship by birth, so are many other countries (I blv Canada and US are the only DEVELOPED nations who give citizenship by birth!)
It seems DV is concerned with only about BIRTH not one's current/former nationalities, so he MAY be qualified.

(Or can it be twisted as............if you were born in a country whose natives are eligible, but neither of your parents was born there or resided there at the time of your birth...you're NOT ELIGIBLE !!!)
 
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NuvF said:
Here's a Q,

If an Indian (or a Chinese) is born in Japan (whilst say parents are just visiting there) is he qualified?
I believe Japan do not give automatic citizenship by birth, so are many other countries (I blv Canada and US are the only DEVELOPED nations who give citizenship by birth!)
It seems DV is concerned with only about BIRTH not one's current/former nationalities, so he MAY be qualified.

(Or can it be twisted as............if you were born in a country whose natives are eligible, but neither of your parents was born there or resided there at the time of your birth...you're NOT ELIGIBLE !!!)
Click to expand...

I've always wondered that. I have a friend who's white/British but he was born in Kenya. His parents resided there for 6 months around the time of his birth. I told him he should think about the DV lottery but he doesn't think he'll qualify. If I understand the rules correctly, there's no reason why he wouldn't. He was BORN in an eligible country... No?
 
NuvF said:
Here's a Q,

If an Indian (or a Chinese) is born in Japan (whilst say parents are just visiting there) is he qualified?
I believe Japan do not give automatic citizenship by birth, so are many other countries (I blv Canada and US are the only DEVELOPED nations who give citizenship by birth!)
It seems DV is concerned with only about BIRTH not one's current/former nationalities, so he MAY be qualified.

(Or can it be twisted as............if you were born in a country whose natives are eligible, but neither of your parents was born there or resided there at the time of your birth...you're NOT ELIGIBLE !!!)
Click to expand...

Very good question NuF..here's my take on it...

It seems that the bolded should be true if you follow the logic of the rules of eligibility, however it is not stated as a rule and therefore the person born in an eligible country is eligible regardless of where his parents were born or what they were doing in that country when the person/applicant was born. The spouse and parents route of seeking eligibility is there to open more options for persons who would otherwise not be qualified to enter.
 
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