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DV 2015 Winners Meet Here

gitma said:
Please clarify this issue of background check. Is it true they check all the entries that one has entered, even if for over ten years.
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I have seen something from uscis where they talk about checking against past entries and visa applications. Why would they stop before ten years if they have the data? What are you so worried about...?
 
Britsimon said:
Mom, here is the situation as I understand it.

Jay hawks friend submitted the EDV as legally separated but without the legal separation having taken place. He should therefore have chosen married and therefore included his wife (which I assume he did not). He included his daughter although that will be unimportant as she is a citizen.

Now, because he failed to include the wife (if my assumption is correct), I am thinking that results in disqualification. So I am confused by your answer.
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Sorry about the confusion, here's what I'm getting at: the OP stated that when the friend applied, they had initiated the divorce proceeding and he has court documents which states "a separation of bodies was in place". So going by the clause in 9 Fam 40.1 N6.1 where it says "If the parties are legally separated, i.e., by written agreement recognized by a court the alien no longer qualifies as a "spouse" for immigration purposes even though the couple had not obtained a final divorce" I feel the friend can defend the decision to list his marital status at the time of the eDV registration as 'Legally Separated".
 
Sm1smom said:
Sorry about the confusion, here's what I'm getting at: the OP stated that when the friend applied, they had initiated the divorce proceeding and he has court documents which states "a separation of bodies was in place". So going by the clause in 9 Fam 40.1 N6.1 where it says "If the parties are legally separated, i.e., by written agreement recognized by a court the alien no longer qualifies as a "spouse" for immigration purposes even though the couple had not obtained a final divorce" I feel the friend can defend the decision to list his marital status at the time of the eDV registration as 'Legally Separated".
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Yep I see what you are getting at - sort of saying that the initiation of the divorce proceedings established that the couple wanted to be separate and this was done "in court". There is the problem of the August 2013 false start - but let's imagine some proof of that could be found. Technically that is not legal separation which is a legal agreement covering certain matters such as access to any kids, who will pay the bills during the period of separation and so on. So - if they stick to the definition precisely, then in my view "legal separation" was not the right choice on the eDV form. To be honest, I can't imagine they would recognize the legally separated status at all unless that was based on the precise legal status (with a court recognized separation agreement) - but to take Susie's point legal separation may be defined differently in different countries.

So - if the three of us (Mom, Susie and I) were judges on a immigration.com TV show I think we would have a 2 to 1 split decision on this (with me in the minority) - and the advice to the friend would therefore be take the chance (but be aware of the risk). :)

Link on legal separation versus divorce. http://divorcesupport.about.com/od/separation/f/legal_separatio.htm
 
Britsimon said:
Yep I see what you are getting at - sort of saying that the initiation of the divorce proceedings established that the couple wanted to be separate and this was done "in court". There is the problem of the August 2013 false start - but let's imagine some proof of that could be found. Technically that is not legal separation which is a legal agreement covering certain matters such as access to any kids, who will pay the bills during the period of separation and so on. So - if they stick to the definition precisely, then in my view "legal separation" was not the right choice on the eDV form. To be honest, I can't imagine they would recognize the legally separated status at all unless that was based on the precise legal status (with a court recognized separation agreement) - but to take Susie's point legal separation may be defined differently in different countries.

So - if the three of us (Mom, Susie and I) were judges on a immigration.com TV show I think we would have a 2 to 1 split decision on this (with me in the minority) - and the advice to the friend would therefore be take the chance (but be aware of the risk). :)

Link on legal separation versus divorce. http://divorcesupport.about.com/od/separation/f/legal_separatio.htm
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Ha ha ha. I love the reality TV show angle.
 
By the way, I am just writing a blog post on this marital status thing. In doing that I went to the eDV entry form to see how it reads. Legally separated is the last option and the only one with a note to explain its meaning. It says "Legal separation means that a court has formally declared that you and your spouse are legally separated. Legal separation means that your spouse would not be eligible to immigrate as your derivative."
 
Britsimon said:
Bagsy be Simon Cowell.
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SusieQQQ said:
ROTFL!

I'll be ... The red headed anime warrior princess. (Don't you dare tell me I have the wrong show.)
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And I get to be Judge Judy so that I can tell people:

judge-judy.jpg
 
"So - if the three of us (Mom, Susie and I) were judges on a immigration.com TV show I think we would have a 2 to 1 split decision on this (with me in the minority) - and the advice to the friend would therefore be take the chance (but be aware of the risk). :)"

Looks a little bit like NKVD Troika ;), to those who are familiar with Soviet history. Wiki: "institutional commissions of three persons who issued sentences (executions really) to people after simplified, speedy investigations and without a full trial."
That is humor, of course.
 
My concern Susie QQQ is whereby someone cohabited(not a legal marriage) and applied for dv as married but never worn, then they separate and no legal documents
and he applied as never married and worn. Do you think that is an issue if they check against all the entries.
 
gitma said:
My concern Susie QQQ is whereby someone cohabited(not a legal marriage) and applied for dv as married but never worn, then they separate and no legal documents
and he applied as never married and worn. Do you think that is an issue if they check against all the entries.
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I think simon answered this already. They would be concerned that you have left off a spouse and ask about it.
 
dear all ,, please i need your help
my CN IS 2015AF000032** i was scheduled FOR 3rd of december
suddenly i discovered a mistake in my middle name in my DS 260 although i mentioned it correctly in native alphabet and in my initial dv entry also i entered USA many times and of course i was printed and pictured
i sent an email to the embassy where i will be interviewed and replied that i should reopen my DS260 to correct this middle name mistake
can this be done after my interview have been scheduled and how can i re access my application . is it through contacting kcc,
i need your advice please
 
dr_adel356 said:
dear all ,, please i need your help
my CN IS 2015AF000032** i was scheduled FOR 3rd of december
suddenly i discovered a mistake in my middle name in my DS 260 although i mentioned it correctly in native alphabet and in my initial dv entry also i entered USA many times and of course i was printed and pictured
i sent an email to the embassy where i will be interviewed and replied that i should reopen my DS260 to correct this middle name mistake
can this be done after my interview have been scheduled and how can i re access my application . is it through contacting kcc,
i need your advice please
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When you unlock the form prior to scheduling, people have reported a confirmation message that mentions that KCC will be updated. Similarly, others have reported that unlocking/resubmit after interview is scheduled, that the confirmation message changes to mentioning the updates will be sent to the embassy. So, you can update your details if you feel it is necessary.
 
Dear Britsimon

In my dv entry i did a mistake too, i wrote my first name in the place of last name and last name in the place of first name but in ds 260 i corrected that. next month i have my interview .Does that cause the problem for me?
 
Britsimon said:
When you unlock the form prior to scheduling, people have reported a confirmation message that mentions that KCC will be updated. Similarly, others have reported that unlocking/resubmit after interview is scheduled, that the confirmation message changes to mentioning the updates will be sent to the embassy. So, you can update your details if you feel it is necessary.
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thank you very much for valuable and prompt reply
but how can unlock my ds260 is this by sendind email requesting to unlock my form to kcc or the embassy where my interview is schedualed
 
sogand said:
Dear Britsimon

In my dv entry i did a mistake too, i wrote my first name in the place of last name and last name in the place of first name but in ds 260 i corrected that. next month i have my interview .Does that cause the problem for me?
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It is good that you corrected it in the DS260, so hopefully they will have processed the form that way and searched for combinations of the name for fraud checks. However, there may still be concerns - you can only know for sure at the interview.
 
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