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DV 2015 Winners Meet Here

Annanz said:
Good Afternoon,
Two questions if I may,
1. In view of the 16000 cut off for December in Europe can I start to feel confident I will make interview (CN EU39xxx)?
2. Could you hazard a guess as to the possible month of my interview (if ever)?
Thank you,
Annanz
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july/august,
 
@Britsimon, can you give me the meaning of this message I got from KCC after inquiring about my fiancee's case? We filled DS260 on May 20th and Reopened on October 16th. She is current for January and my fear was the unlocking should not affect her case. Does this confirm we should indeed expect the 2NL?
"Your forms have been received and pending further embassy review for the continuation of your visa processing. "
 
Charisma said:
@Britsimon, can you give me the meaning of this message I got from KCC after inquiring about my fiancee's case? We filled DS260 on May 20th and Reopened on October 16th. She is current for January and my fear was the unlocking should not affect her case. Does this confirm we should indeed expect the 2NL?
"Your forms have been received and pending further embassy review for the continuation of your visa processing. "
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The "pending further embassy review " means the forms are processed and yes you should expect the 2NL (assuming you are current).
 
Hello, I will ask a question on behalf of a friend who won the lottery at the same time as I did (what are the odds?). He applied with a legally separated status, since he is currently undergoing through a divorce. The final divorce sentence, should be released on april 2015. He's got a high'ish number (SA15xx). He would like to send the DS-260 as a divorced individual, but he would have to wait until april to do so. He's left with a couple of choices, 1) send the forms as legally separated and ask the KCC to unlock the form once he's got the divorce sentence ready in order to update his status or, 2) send the forms as legally separated and present the divorce papers at the time of the interview. I must mention that he's got a 5 year old girl who will be staying with her mom back in Venezuela. The girl was born in the US. Thanks a lor for all of your input on this case.

Regards!
 
Jayhawk78 said:
Hello, I will ask a question on behalf of a friend who won the lottery at the same time as I did (what are the odds?). He applied with a legally separated status, since he is currently undergoing through a divorce. The final divorce sentence, should be released on april 2015. He's got a high'ish number (SA15xx). He would like to send the DS-260 as a divorced individual, but he would have to wait until april to do so. He's left with a couple of choices, 1) send the forms as legally separated and ask the KCC to unlock the form once he's got the divorce sentence ready in order to update his status or, 2) send the forms as legally separated and present the divorce papers at the time of the interview. I must mention that he's got a 5 year old girl who will be staying with her mom back in Venezuela. The girl was born in the US. Thanks a lor for all of your input on this case.

Regards!
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Legally separated is a specific legal status that means you have gone to court and had them recognise the separation and issue documents that confirm that status. People often misunderstand what that means and choosing that status without the documents to confirm that status will mean disqualification.

If he did not had the legal seep ration papers at the time of eDV entry he should have entered as married. If he made that mistake then it is the end of the road.

He should also have listed his daughter on his entry as his child. Again, not doing so will result in disqualification.
 
Britsimon said:
Legally separated is a specific legal status that means you have gone to court and had them recognise the separation and issue documents that confirm that status. People often misunderstand what that means and choosing that status without the documents to confirm that status will mean disqualification.

If he did not had the legal seep ration papers at the time of eDV entry he should have entered as married. If he made that mistake then it is the end of the road.

He should also have listed his daughter on his entry as his child. Again, not doing so will result in disqualification.
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On the latter, if the child was born in the US she will be a citizen so did not need to be listed on the entry.
 
He did list his child when he applied. His daughter is listed on the CEAC website but since she's an american citizen (and she will not be immigrating to the
US with him), he doesn't need to send her form. He does have a document from august '13 from when he first filed for divorce, that was a whole month before entering the lottery. The document clearly states a separation of bodies was in place. Problem is, even though that document exists, it needed corrections and it had to be reintroduced on march this year. That's why his divorce papers will be ready march next year, and that's why he thinks it will be safer to send the forms as a divorcee. Any comments will be gladly welcome, thanks again Britsimon and SusieQQQ for your help. Regards
 
Jayhawk78 said:
He did list his child when he applied. His daughter is listed on the CEAC website but since she's an american citizen (and she will not be immigrating to the
US with him), he doesn't need to send her form. He does have a document from august '13 from when he first filed for divorce, that was a whole month before entering the lottery. The document clearly states a separation of bodies was in place. Problem is, even though that document exists, it needed corrections and it had to be reintroduced on march this year. That's why his divorce papers will be ready march next year, and that's why he thinks it will be safer to send the forms as a divorcee. Any comments will be gladly welcome, thanks again Britsimon and SusieQQQ for your help. Regards
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Legal separation is not a part of the divorce process. If he started divorce proceedings that is not the same thing. In fact, divorce proceedings from August 13 would strong evidence against the legal separation status.
 
Britsimon said:
Legal separation is not a part of the divorce process. If he started divorce proceedings that is not the same thing. In fact, divorce proceedings from August 13 would strong evidence against the legal separation status.
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I know that the original document states they were no longer living together, but as I understand from your comments it just won't hold up. Do you think it would be better if he submits his form as a divorcee? does he still have a chance? Regards
 
My friend once cohabited with a lady and then entered dv as married and listed the lady as a wife. then they separated . He has since been entering as
a single person and worn this year. What effect will that have during the background check.
 
gitma said:
My friend once cohabited with a lady and then entered dv as married and listed the lady as a wife. then they separated . He has since been entering as
a single person and worn this year. What effect will that have during the background check.
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See below:

Gebrecherkos said:
hi britsmon i am dv2015 winner in dv 2014 i applied as married b/c at that time i fill with my girlfrind and we thought we will marry but we diidn't win. this year dv2015 i fill as single b/c i decided to marry my girl friend next year and i won. so is there any problem in background check or i am safe?
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Britsimon said:
That is the sort of thing I would expect them to catch. It doesn't mean you will be disqualified, but I would expect them to ask you about the previous entry.
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Jayhawk78 said:
I know that the original document states they were no longer living together, but as I understand from your comments it just won't hold up. Do you think it would be better if he submits his form as a divorcee? does he still have a chance? Regards
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An alien is deemed a "spouse" for immigration purposes, even though the parties to the marriage have ceased cohabiting, as long as such marriage was not contracted solely to qualify for immigration benefits. If the parties are legally separated, i.e., by written agreement recognized by a court, or by court order, the alien no longer qualifies as a "spouse" for immigration purposes even though the couple had not obtained a final divorce.
​
9 Fam 40.1 N1,6 Legal Separation Versus Marriage Termination

Based on the above, I believe your friend will be fine and should continue processing as "Separated" until the divorce is finalized. He shouldn't submit his form as "divorced" since there's no divorce decree in place corresponding to the date of when the form is submitted.
 
Sm1smom said:
An alien is deemed a "spouse" for immigration purposes, even though the parties to the marriage have ceased cohabiting, as long as such marriage was not contracted solely to qualify for immigration benefits. If the parties are legally separated, i.e., by written agreement recognized by a court, or by court order, the alien no longer qualifies as a "spouse" for immigration purposes even though the couple had not obtained a final divorce.
​
9 Fam 40.1 N1,6 Legal Separation Versus Marriage Termination

Based on the above, I believe your friend will be fine and should continue processing as "Separated" until the divorce is finalized. He shouldn't submit his form as "divorced" since there's no divorce decree in place corresponding to the date of when the form is submitted.
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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.
 
I'm not sure whether they do or don't have the right docs for legal separation. It sounds like they did have something, albeit flawed. Personally I would pursue the case, although understanding there is a risk. If local legal processes are not always cut and dried, the CO may cut some extra slack too.
 
SusieQQQ said:
I'm not sure whether they do or don't have the right docs for legal separation. It sounds like they did have something, albeit flawed. Personally I would pursue the case, although understanding there is a risk. If local legal processes are not always cut and dried, the CO may cut some extra slack too.
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Yep I can see that logic....
 
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.
 
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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They don't publish their exact techniques, but if they have the data they would be foolish not to use it.
 
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