Claiming eligibility based on spouses country of birth

[stein]

I was born in a country thats elegible for DV lottery. My spouse was born in an other country thats elegible too. Going by statistics there are much more people drawn from my wifes country than my country each year but they are of comparable size. I heard that its possible to claim elegibility based on spouses country of elegibility. I just wonder if that works in the case where I was born in an elegible country?

 

[Sm1smom]

I can give you a straight response but recommend you read Simon’s blog on this:
http://britsimonsays.com/country-of-chargeability-for-dv-lottery/

 

[stein]

Thanks. I read it. Im worried however that there is only one official website that mentions it, and not a word about it in DV lottery instructions... What is FAM's relation to DV lottery?

 

[Sm1smom]

Thanks. I read it. Im worried however that there is only one official website that mentions it, and not a word about it in DV lottery instructions... What is FAM's relation to DV lottery?

How many official websites do you consider adequate? There are many things the DV lottery instructions doesn’t mention either. For instance, it doesn’t say embassies can use the host system in mitigating against public charge concerns - but some embassies do. The instruction provided is not exhaustive.

9 FAM by the way stands for Foreign Affairs Manual -

“... contains directives and guidance for Department of State personnel based on statutes, regulations, Executive Orders, Presidential directives, OMB circulars and other sources. 9 FAM deals exclusively with the adjudication of U.S. visas, both nonimmigrant and immigrant, providing consular officers with the guidance needed to make informed decisions based on U.S. immigration law and regulations.“
https://fam.state.gov/FAM/09FAM/09FAM010101.html
​

 

[stein]

Thanks for the explanation! I just fear a situation in which, if I win the lottery and have the interview scheduled, I show them a print out of 9 FAM, and they doubt the origin. I mean, I could write anything in Word and print it out. So I wonder if they are supposed to have a hard copy of FAM where they can check that that particular paragraph is indeed in there?

 

[Sm1smom]

Thanks for the explanation! I just fear a situation in which, if I win the lottery and have the interview scheduled, I show them a print out of 9 FAM, and they doubt the origin. I mean, I could write anything in Word and print it out. So I wonder if they are supposed to have a hard copy of FAM where they can check that that particular paragraph is indeed in there?

We’ve never had any report of someone needing to use the 9FAM for one reason or the other come back to say the IO doubted the origin.

Plus if you’re this worried, then stick to using your own country of birth. Anyway, this is a lottery, selection is not guaranteed. So apply and get selected first!

 

[Britsimon]

I was born in a country thats elegible for DV lottery. My spouse was born in an other country thats elegible too. Going by statistics there are much more people drawn from my wifes country than my country each year but they are of comparable size. I heard that its possible to claim elegibility based on spouses country of elegibility. I just wonder if that works in the case where I was born in an elegible country?

What are the two countries involved???

 

[SusieQQQ]

Thanks for the explanation! I just fear a situation in which, if I win the lottery and have the interview scheduled, I show them a print out of 9 FAM, and they doubt the origin. I mean, I could write anything in Word and print it out. So I wonder if they are supposed to have a hard copy of FAM where they can check that that particular paragraph is indeed in there?

FAM is what they officially refer to when they need to clarify or check issues. So one presumes they have some form of it lying around the embassies.

Certainly, it would be easier just to use your own country of eligibility thoigh.

 

[Sm1smom]

Actually 9FAM is massive, it is constantly being updated, languages are being changed here and there on an ongoing basis.

Most organizations, including the government, are moving away from hard copies and trying to achieve a paperless status. I will be pleasantly surprised if any embassy has a current hard copy on hand, when it is very easy for them to go online and see a revised version.

 

[Cthulhu_Reborn]

I'm Chinese Canadian born in mainlaind China and my wife is Ukranian Canadian, born in Ukraine, but Canadian by birth (her parents had naturalized at the time of her birth). I understand mainland China and Canada are not eligible, but I'm assuming I can use her country of birth and still be eligble to apply, even though she has been a Canadian citizen by birth?

 

[SusieQQQ]

I'm Chinese Canadian born in mainlaind China and my wife is Ukranian Canadian, born in Ukraine, but Canadian by birth (her parents had naturalized at the time of her birth). I understand mainland China and Canada are not eligible, but I'm assuming I can use her country of birth and still be eligble to apply, even though she has been a Canadian citizen by birth?

Citizenship is totally irrelevant. It’s place of birth that matters so yes you can use Ukraine as country of chargeability. Be aware that if you are selected based on a spouse’s country of birth, the spouse also needs to be able to qualify in her own right and you have to enter the US together once issued visas. If DV survives the immigration negotiations, next entry period will be October.

 

[Cthulhu_Reborn]

Citizenship is totally irrelevant. It’s place of birth that matters so yes you can use Ukraine as country of chargeability. Be aware that if you are selected based on a spouse’s country of birth, the spouse also needs to be able to qualify in her own right and you have to enter the US together once issued visas. If DV survives the immigration negotiations, next entry period will be October.

Thanks. We're going to try to apply for DV 2020 this year, and yes, both of us satisfy all of the other requirements in our own rights (she has a bachelor's degree, and I have post graduate degrees and relevant work experience). I sort of always as assumed that mainland Chinese and Canadians are not eligible; had I paid more attention to the rule, we could have used her country of birth, and we would have started the process several years back.

 

[Sm1smom]

Thanks. We're going to try to apply for DV 2020 this year, and yes, both of us satisfy all of the other requirements in our own rights (she has a bachelor's degree, and I have post graduate degrees and relevant work experience). I sort of always as assumed that mainland Chinese and Canadians are not eligible; had I paid more attention to the rule, we could have used her country of birth, and we would have started the process several years back.

That is assuming DV lottery is still around for 2020, there’s no guarantee that will happen going by the current political climate.

And I wouldn’t describe Mainland Chinese and Canadians not being eligible an assumption on your part, they are indeed excluded by the rules of the program unless they were born in an eligible country or cross charge to a spouse or parents’s country of birth if those countries are eligible.