DV 2017 Administrative Process (AP) Cases

[Britsimon]

Does she have a high school diploma? If your wife is being used to charge she also has to meet the requirement. You can have a Nobel prize but if she doesn't have high school or the requisite work experience, that makes your application ineligible as it now relies on her.
Like Simon said, it's not a guaranteed entry but it's worth a chance to use your wife to cross-charge (don't go on about her parents and your kid - they are irrelevant to DV chargeability). I've definitely heard of cases where they do properly check full eligibility of the spouse being used for chargeability so be sure to bring the evidence (I presume Simon has heard of some where they haven't checked judging by his comment...but you're already taking a bit of a chance, I wouldn't push it too much).

To be honest...I just wish people would read the instructions properly, it would avoid these types of issues.

Yes, my comments were based on recent cases. The most recent was interesting, the embassy did not check the spouses' education, but did issue the visas as dv1s and had the notation that they had to enter together. So the embassy didn't know how to apply the rule at the interview, but got the post interview processes right.

I agree though, there is significant risk and following the instructions would have been easier.

 

[Nubecita]

Thank you very much for your answers, so should we risk it? my wife does not have the required education and her profession is not qualified, I do not know what to do if I risk or not ... what a great dilemma!

 

[Britsimon]

Thank you very much for your answers, so should we risk it? my wife does not have the required education and her profession is not qualified, I do not know what to do if I risk or not ... what a great dilemma!

That question is for you to answer. The risk is a few hundred dollars. So -how badly do you want a Green Card?

 

[SusieQQQ]

That question is for you to answer. The risk is a few hundred dollars. So -how badly do you want a Green Card?

More like a thousand dollars if not a bit more, for 2 medicals (not sure how much they are in Spain) plus 2 visa fees.
But yes, it's a good way to look at it. On paper there will be a denial so it's whether or not they're willing to risk the money (and time) getting the medicals/documents in order and if necessary traveling to Madrid on the gamble that the CO will overlook both the original chargeability error (probably a fairly safe bet if presented properly) as well as the spouse's lack of qualifying education (more risky). Some people would happily wager that to try get a green card, others wouldn't... personal decision.

 

[Nubecita]

We are 4, my wife and I and two daughters, too much risk
Do you know of a similar case that gave them the visa?

 

[SusieQQQ]

We are 4, my wife and I and two daughters, too much risk
Do you know of a similar case that gave them the visa?

A similar case doesn't matter unless it's exactly the same interviewing officer at the same embassy who has not learned from their previous error. There is no doubt that on paper you do not qualify, so you would certainly be gambling on a consular official making an error to approve you.

 

[Britsimon]

We are 4, my wife and I and two daughters, too much risk
Do you know of a similar case that gave them the visa?

I already detailed above - a similar case that was approved, but every case is different . Assuming the embassy is Madrid - I would say there is a reasonable chance they don't apply the rules 100% correctly.

You could attend the interviews without the medicals. That will cause delay - but save money in the event you are denied. It will also increase the risk slightly - because once you are on AP, they havce time to research how the case should be handled.

Sometimes (not always) they ask the applicant to pay for one interview fee before the interview, and the derivatives after. If you have to pay all four - that will cost $1320.

So yes - you might be risking around 3000 Euros. If that is a lot of money in your circumstances, you may not want to risk it. In the area where I live, that would barely pay a month's rent. So - cost would be quickly recouped **if** you succeed in the States. Typically, first generation immigrants find it a struggle to start with, but things get better after a few years and there is certainly more opportunity for the children. So - the question is possibly about your kids. Spain can offer a lovely relaxed life for them, but the USA will give them more.

Now - you need to decide whether to do this - or try again, this time reading the instructions.

 

[saabe]

More like a thousand dollars if not a bit more, for 2 medicals (not sure how much they are in Spain) plus 2 visa fees.
.

350 euros (420$) per adult person (for children I think it's 270 euros but I'm not sure) at "Clínica Anglo Americana", considering they don't need additional vaccines (in this case, better take the missing vaccines for free in a public health centre before going to the private Anglo-american clinic).
I know of a moroccan with spanish citizenship who was denied Visa in Madrid's Embassy for the same reason (applying as EU candidate). They should think about if it's worth gambling and paying around 1500$ for medicals plus embassy fees for a highly uncertain outcome.
 

 

[saabe]

So - the question is possibly about your kids. Spain can offer a lovely relaxed life for them, but the USA will give them more.

And more importantly, his children will be called (and treated as) Americans,....not as Algerians with a Spanish ID. But yeah, it depends on his personal circumstances and the importance of 3.000 euros for him (if he makes a lot of money and 3k$ is not a big deal for him, it's worth the gamble). As an anecdote,...the moroccan I talked about at first had his visa approved (by mistake or out of leniency?),...until a Spanish employee (the one who took the documents from him at the beginning) warned the consul or the American official about the error (country of chargeability). His joy lasted only a few seconds.

 

[SusieQQQ]

And more importantly, his children will be called (and treated as) Americans,....not as Algerians with a Spanish ID. But yeah, it depends on his personal circumstances and the importance of 3.000 euros for him (if he makes a lot of money and 3k$ is not a big deal for him, it's worth the gamble). As an anecdote,...the moroccan I talked about at first had his visa approved (by mistake or out of leniency?),...until a Spanish employee (the one who took the documents from him at the beginning) warned the consul or the American official about the error (country of chargeability). His joy lasted only a few seconds.

The initial approval you mention would almost certainly have been an error and not "leniency". The employee who pointed out the mistake was correct in doing so. The person may never have been selected in the first place if they had entered correctly, as selection is done by region not just arbitrarily choosing entries.

 

[saabe]

The initial approval you mention would almost certainly have been an error and not "leniency". The employee who pointed out the mistake was correct in doing so. The person may never have been selected in the first place if they had entered correctly, as selection is done by region not just arbitrarily choosing entries.

Yes I agree with you,...even without the immediate "intervention" of the spanish employee,.....he would have been denied after a final review of his dossier. You're not really approved until you have a visa stamped on your passport.

 

[gabam]

My well wishes, my dear friends. Have faith, you will come out of this process victorious.