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DV 2015 AOS Only

ndubs said:
Hi Simon,

Ok I will just take it along to the interview. I had planned to just included a copy of passport page so that it doesn't look like I didn't disclose it beforehand or do think this won't be an issue?

Hmm I don't think it's complex as it is an option I read about from DOS - My chargeability is through the fact that when I was born my parents where citizens of their birth country that is eligible for the DV and had not yet been naturalized in my country of birth making me eligible to apply and charge to that country for the DV.

I feel like I should include their birth certificates and naturalisation certificates in the AOS pack, to make it clear - because technically my country of birth alone isn't eligible to apply for DV. Because if I don't include them, they would take a look at my birth certificate and say not eligible.

My spouse is also born in the same country as my parents but I'm not using his birth country as chargeable since I read that would only be possible if he too was applying for the GC via DV, which he isn't.

Your thoughts please? Thanks so much
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Wow. Until the last paragraph this was starting to sound bad. Your assumption that you can charge to the country of your parents is incorrect UNLESS they were in your country of birth temporarily. This is sometimes described as a "missionary" exception. Considering they were later Naturalized in that country you would almost certainly fail trying to make that case!

However, being born in an ineligible country means that you can charge to the birth country of your spouse. I don't believe your spouse needs to be applying for you to use his country of birth. For instance I entered the lottery through my wife's country, (because the UK is ineligible) and that entry is separate from her entry (although in the end she is the winner). So, you could use your spouses country.

Either way, I don't think you should try and make that case by mail. This should be explained and argued at the interview.
 
Mom and Simon,

I read in the other thread how few DV applicants were informed that visas are running out and their case was put on AP. If it were to be true, will that impact the rest of us who are going through the process via AOS ?
 
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urbanite said:
Mom and Simon,

I read in the other thread how few DV applicants were informed that visas are running out and their case was put on AP. It it were to be true, will that impact the rest of us who are going through the process via AOS ?
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I asked KCC that, and predictably they have no idea. Just waiting for DoS to answer the phone.
 
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Britsimon said:
Wow. Until the last paragraph this was starting to sound bad. Your assumption that you can charge to the country of your parents is incorrect UNLESS they were in your country of birth temporarily. This is sometimes described as a "missionary" exception. Considering they were later Naturalized in that country you would almost certainly fail trying to make that case!

However, being born in an ineligible country means that you can charge to the birth country of your spouse. I don't believe your spouse needs to be applying for you to use his country of birth. For instance I entered the lottery through my wife's country, (because the UK is ineligible) and that entry is separate from her entry (although in the end she is the winner). So, you could use your spouses country.

Either way, I don't think you should try and make that case by mail. This should be explained and argued at the interview.
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Just to point out that the spouse doesn't have to enter but as you know the spouse must then also be eligible in their own right on education as well and both have to enter the US together.

I agree with simon that this case will NOT be approved based on the parents as they clearly were not in the country temporarily as the rules require.
 
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ndubs said:
Hi Simon,

Ok I will just take it along to the interview. I had planned to just included a copy of passport page so that it doesn't look like I didn't disclose it beforehand or do think this won't be an issue?

Hmm I don't think it's complex as it is an option I read about from DOS - My chargeability is through the fact that when I was born my parents where citizens of their birth country that is eligible for the DV and had not yet been naturalized in my country of birth making me eligible to apply and charge to that country for the DV.

I feel like I should include their birth certificates and naturalisation certificates in the AOS pack, to make it clear - because technically my country of birth alone isn't eligible to apply for DV. Because if I don't include them, they would take a look at my birth certificate and say not eligible.

My spouse is also born in the same country as my parents but I'm not using his birth country as chargeable since I read that would only be possible if he too was applying for the GC via DV, which he isn't.

Your thoughts please? Thanks so much
Click to expand...

What is the reason that he won't be applying for GC through your DV win?
 
SusieQQQ said:
Just to point out that the spouse doesn't have to enter but as you know the spouse must then also be eligible in their own right on education as well and both have to enter together.

I agree with simon that this case will NOT be approved based on the parents as they clearly were not in the country temporarily as the rules require.
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Yep I have just had a conversation with the OP and re-read the rules regarding spouses. I've corrected the OP on what I said, but I wanted to correct it here too.

The rules are different for when the selectee is the one driving chargeability or the other. Basically in my case, my wife was born in Spain and she is the principal selectee. I can claim chargeability through her case as a derivative.

If I had been the winner (as I entered also under Spain), that would be OK as long as she and I processed together and as you say Susie, both she and I would have to meet the qualifications as if we were both principal winners.
 
NY1 said:
Just a quick question - how are the visas already running out...?
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It isn't that they are running out as such - it is more that they have allocated ahead of time (for CP cases that is normal) and so there are not many "new" spots available. Unfortunately AoS cases do not have a pre-allocated visa like CP cases...
 
Britsimon said:
It isn't that they are running out as such - it is more that they have allocated ahead of time (for CP cases that is normal) and so there are not many "new" spots available. Unfortunately AoS cases do not have a pre-allocated visa like CP cases...
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Sorry if this is a silly question then: even if you have a good number that would become current in the coming few months, there is a chance that you won't get allocated a spot? Trying to wrap my head around all of this.
 
NY1 said:
Sorry if this is a silly question then: even if you have a good number that would become current in the coming few months, there is a chance that you won't get allocated a spot? Trying to wrap my head around all of this.
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NY1 -

I asked the question in the wrong thread. So the question about the visas running out is relevant for DV 2014. Simon replied within that context. As you may know it is the end of the visa issuance period for DV2014. I don't think you should worry about if you are a selected for DV2015.
 
urbanite said:
NY1 -

I asked the question in the wrong thread. So the question about the visas running out is relevant for DV 2014. Simon replied within that context. As you may know it is the end of the visa issuance period for DV2014. I don't think you should worry about if you are a selected for DV2015.
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Oh thank goodness - you had my heart racing there!! Best of luck with everything!
 
Why the dv website not working again ?
When i put my number it says

"The system is unable to process your request. Please try again later. ORA-28001: the password has expired" WHAT IS THIS ?
 
Hi everyone,
I have a few more questions before finally convincing myself of submitting DS-260 form. Thanks in advance for your help.
SO... first question is , when I first entered the US I did not have the same passport as now, consequently I cannot list all the dates I have been in and out, besides the one with my current passport and the day I first arrived in the US at the very beginning. Would that be a problem?
Then... for employment and school is that a problem to list approximate dates? I cannot remember the exact dates I started and finished at my US Community College and my Italian high school so I entered a best estimate, is that okay? (Note, I have been on a F1 student visa here for the past 5 years)
And then... I think everything else should be okay with the form. I am worried about making a mistake.

Sorry!
 
maryb said:
Hi everyone,
I have a few more questions before finally convincing myself of submitting DS-260 form. Thanks in advance for your help.
SO... first question is , when I first entered the US I did not have the same passport as now, consequently I cannot list all the dates I have been in and out, besides the one with my current passport and the day I first arrived in the US at the very beginning. Would that be a problem?
Then... for employment and school is that a problem to list approximate dates? I cannot remember the exact dates I started and finished at my US Community College and my Italian high school so I entered a best estimate, is that okay? (Note, I have been on a F1 student visa here for the past 5 years)
And then... I think everything else should be okay with the form. I am worried about making a mistake.

Sorry!
Click to expand...

Generally I've noticed folks mention that approximate dates are okay for things like travel. Perhaps you should be more careful with employment and school because that has more bearing as to whether you were in the proper status or not while you were employed. But if you know within reasonable accuracy then I'd imagine that its alright.

When I run into dates issues, I dig up old emails and a few search through them helps me figure it out. I look at my flight tickets to figure out the travel dates for instance.
 
npdv15 said:
Generally I've noticed folks mention that approximate dates are okay for things like travel. Perhaps you should be more careful with employment and school because that has more bearing as to whether you were in the proper status or not while you were employed. But if you know within reasonable accuracy then I'd imagine that its alright.

When I run into dates issues, I dig up old emails and a few search through them helps me figure it out. I look at my flight tickets to figure out the travel dates for instance.
Click to expand...

Check out the useful links post (sticky thread). There is an I94 tracker and in there you can obtain a listing of visits to the US.
 
maryb said:
Hi everyone,
I have a few more questions before finally convincing myself of submitting DS-260 form. Thanks in advance for your help.
SO... first question is , when I first entered the US I did not have the same passport as now, consequently I cannot list all the dates I have been in and out, besides the one with my current passport and the day I first arrived in the US at the very beginning. Would that be a problem?
Then... for employment and school is that a problem to list approximate dates? I cannot remember the exact dates I started and finished at my US Community College and my Italian high school so I entered a best estimate, is that okay? (Note, I have been on a F1 student visa here for the past 5 years)
And then... I think everything else should be okay with the form. I am worried about making a mistake.

Sorry!
Click to expand...

Adding to what npdv15 and Britsimon said, when it comes to school, your I-20 should indicate the dates. Or diplomas you received from schools.
 
Hi everyone. I have a couple of questions before I'm finally done with the i-485 package. Any help is greatly appreciated!
1. Should we include a copy of completed DS-260 in i-485 package?
2.What is the correct way of indicating application type in Part 2 of i-485? Checking "h" and typing "DV Lottery Winner. Letter Attached.?"

P.S. Those of you who are likely to be current in October, are you going to send applications as soon as September VB comes out, or wait for October to be on the safe side??
 
GSx100 said:
Hi everyone. I have a couple of questions before I'm finally done with the i-485 package. Any help is greatly appreciated!
1. Should we include a copy of completed DS-260 in i-485 package?
2.What is the correct way of indicating application type in Part 2 of i-485? Checking "h" and typing "DV Lottery Winner. Letter Attached.?"

P.S. Those of you who are likely to be current in October, are you going to send applications as soon as September VB comes out, or wait for October to be on the safe side??
Click to expand...

1. No

2. Yes, H, for the main selectee, option B for all derivatives.
 
GSx100 said:
Hi everyone. I have a couple of questions before I'm finally done with the i-485 package. Any help is greatly appreciated!
1. Should we include a copy of completed DS-260 in i-485 package?
2.What is the correct way of indicating application type in Part 2 of i-485? Checking "h" and typing "DV Lottery Winner. Letter Attached.?"

P.S. Those of you who are likely to be current in October, are you going to send applications as soon as September VB comes out, or wait for October to be on the safe side??
Click to expand...


PS: If you are current in October--what's the rush of sending out your package in September? You are among the first ones anyway :)
 
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