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DV 2022 All Selectees (Consular Processing - CP)

Hello to everyone on here. This is my first time posting, as I've found all my questions have already been answered by SusieQQQ, Sm1smom, Simon and Butters. Thank you for all the tireless work you do on here helping people.

I have just received an email to say my DV Visa has been issued. I'm gobsmacked really, as it was a long road to get here - as I imagine it is for everyone. I hope all those still waiting get the result they are after in the next few weeks.

This opens up some new questions! I'll keep them as succinct as possible:

1.) As my work is not terribly flexible, I realistically will only be able to enter the country for a week, to activate the Green Card. Should I be doing this ASAP (like in the next few weeks), or can it wait 3 months? (are there any risks with waiting months to enter?) I will hopefully be able to move more permanently sometime next year.

2.) Can I bring my kids with me on this 1 week trip? I understand they will need to enter via a different queue, just want to make sure it won't jeopordise anything if I bring them with me for the week?

3.) Once the Greencard is activated, do I have 12 or 6 months to relocate to the US? I've heard mixed reports on this.

Thanks for any advice you can offer.
 
AussieDVApplicant said:
Hello to everyone on here. This is my first time posting, as I've found all my questions have already been answered by SusieQQQ, Sm1smom, Simon and Butters. Thank you for all the tireless work you do on here helping people.

I have just received an email to say my DV Visa has been issued. I'm gobsmacked really, as it was a long road to get here - as I imagine it is for everyone. I hope all those still waiting get the result they are after in the next few weeks.

This opens up some new questions! I'll keep them as succinct as possible:

1.) As my work is not terribly flexible, I realistically will only be able to enter the country for a week, to activate the Green Card. Should I be doing this ASAP (like in the next few weeks), or can it wait 3 months? (are there any risks with waiting months to enter?) I will hopefully be able to move more permanently sometime next year.

2.) Can I bring my kids with me on this 1 week trip? I understand they will need to enter via a different queue, just want to make sure it won't jeopordise anything if I bring them with me for the week?

3.) Once the Greencard is activated, do I have 12 or 6 months to relocate to the US? I've heard mixed reports on this.

Thanks for any advice you can offer.
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1. You can do it any time before the visa expires.
2. Your kids are not derivatives? Will they be on VWP/ESTA? Yes, you can bring them. They won’t enter via a different queue, assuming they are minors or probably anyway, as you will most likely be shown the non resident queue to enter the first time.
3. 12 months is the maximum you can be out of the US as a LPR without jeopardizing your green card. (There is a technicality around 6 months that is meaningless in practice.) Be aware though that an absence of longer than 6 months affects when you can apply for citizenship, if that is something that interests you.
 
Thanks for the prompt reply SusieQ. Good point I overlooked - The kids are not derivatives. They do have ESTAs though, so that's great to know they can come through with me, as they are only young.

Thanks very much for answering my questions, much appreciated.
 
AussieDVApplicant said:
Thanks for the prompt reply SusieQ. Good point I overlooked - The kids are not derivatives. They do have ESTAs though, so that's great to know they can come through with me, as they are only young.

Thanks very much for answering my questions, much appreciated.
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If their other parent is not coming with, then to be on the safe side I’d suggest you bring notarized permission from him/her to be taking the children with for the trip. It’s not required for the US (no idea what the Aussie rules are) but always advisable, and especially when you’re coming in with a new LPR status and they’re not, i think it’s a good idea. You don’t want CBP to wonder about your intentions with them.
 
Hello everyone here

It's my first time on this blog. I have gone through all experiences. Im Linda from Nekuru, Kenya. I'm scheduled to have my interview on 25th September and would appreciate if some of my questions are attended tko

1 I processed my certificate of good conduct but however expired in August 2022.. will the embassy consider this certificate since it takes time to process one in kenya

2 I won a lottery with my two kids.. one is 7years and the second is 3years. I didn't include my fiancee on the application since we weren't legally married I'm wondering how best he can join us to raise our kids and can he join us on a K2/K1 Visa.

3 how long should I wait for my green card to be issued since I have loose ends to tie up back in Kenya. Can i travel back after getting my GC with my kids only to return after a few months.?
 
SusieQQQ said:
If their other parent is not coming with, then to be on the safe side I’d suggest you bring notarized permission from him/her to be taking the children with for the trip. It’s not required for the US (no idea what the Aussie rules are) but always advisable, and especially when you’re coming in with a new LPR status and they’re not, i think it’s a good idea. You don’t want CBP to wonder about your intentions with them.
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That is a really good point, I will do that for sure. Thanks very much.
 
AussieDVApplicant said:
Thanks for the prompt reply SusieQ. Good point I overlooked - The kids are not derivatives. They do have ESTAs though, so that's great to know they can come through with me, as they are only young.

Thanks very much for answering my questions, much appreciated.
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In addition to Susie’s response above, be prepared to demonstrate at the POE, the kids are not entering the US with the intent of remaining and filing AOS, even though they will not be eligible to file for AOS as dependents of a LPR in the first place. The CBP officer you meet may not be aware of this ineligibility and may subsequently give you a hard time or decide to deny them entry on that account, so be prepared to demonstrate the departure plans and why they will be departing.
 
Thank you Sm1smom, that's a really good point. I guess that does open another question - if I had a return ticket booked for a week from when I enter, with all of us leaving the country at that time, would that be enough? Or do you think I should have further supporting documents to show we are leaving? Just wondering what else I could provide.

Thanks again
 
Linda Kenya said:
Hello everyone here

It's my first time on this blog. I have gone through all experiences. Im Linda from Nekuru, Kenya. I'm scheduled to have my interview on 25th September and would appreciate if some of my questions are attended tko

1 I processed my certificate of good conduct but however expired in August 2022.. will the embassy consider this certificate since it takes time to process one in kenya

2 I won a lottery with my two kids.. one is 7years and the second is 3years. I didn't include my fiancee on the application since we weren't legally married I'm wondering how best he can join us to raise our kids and can he join us on a K2/K1 Visa.

3 how long should I wait for my green card to be issued since I have loose ends to tie up back in Kenya. Can i travel back after getting my GC with my kids only to return after a few months.?
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1. PCC is valid for two years from issue date, regardless of the expiration date listed on the certificate itself. So if the certificate was issued over two years ago, you need to get a new one.
2. A LPR is not eligible to file a fiancé visa. You’ll have to get married and subsequently sponsor your spouse (after getting married) for a family based GC under the F2 family preference category. You can read more about Family based preference category below:
www.uscis.gov

Green Card for Family Preference Immigrants | USCIS

Alert: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois va
www.uscis.gov
3. Yes you can. You do not need to wait for the GC before departing from the US. You can leave almost immediately as your visa stamp, upon endorsement becomes a temporary GC valid for one year.
 
AussieDVApplicant said:
Thank you Sm1smom, that's a really good point. I guess that does open another question - if I had a return ticket booked for a week from when I enter, with all of us leaving the country at that time, would that be enough? Or do you think I should have further supporting documents to show we are leaving? Just wondering what else I could provide.

Thanks again
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Having a booked return ticket on hand is a standard requirement for entering on an ESTA, that however may not be enough in this case considering flight tickets can always be canceled.
As I do not know the details of your situation with your kids (such as why they did not obtain IVs as your DV derivatives, who has custody of them, if you have a spouse or not, etc), I honestly cannot tell you what additional evidence you might want to have on hand. You’ll have to think outside the box to figure this out.
 
Sm1smom said:
In addition to Susie’s response above, be prepared to demonstrate at the POE, the kids are not entering the US with the intent of remaining and filing AOS, even though they will not be eligible to file for AOS as dependents of a LPR in the first place. The CBP officer you meet may not be aware of this ineligibility and may subsequently give you a hard time or decide to deny them entry on that account, so be prepared to demonstrate the departure plans and why they will be departing.
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* that was what I had meant by CBP wondering about intentions with kids, thanks for spelling it out.
Even if CBP is aware that derivatives of LPRs are not eligible to adjust from a VWP entry they may still be concerned about overstay/just having the kids live here regardless of illegal status in doing so.

Agree it’s hard to give specific advice without the exact knowledge of the situation but things like being in the custody of the Australian-resident parent, school enrollment are the usual types of things. As already mentioned a return ticket is required anyway so it’s not a “plus”, and people do overstay from VWP regardless of that requirement, so better to have other evidence too.
 
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Thanks SusieQQQ and Sm1smom - really appreciate your replies. I will take as much proof as I can that they will be leaving to go back, good to know that the return ticket will not be enough on it's own. Thank you again.
 
someonereallynew said:
That's right, 2022.

I was under impression that they go number by number for selecting people for the interview. and I know someone with higher number that got the interview/visa.
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They went by the AV date. That means DQ, and current. So - if a higher case number than your was DQ before you, they could have been prioritized above you.
 
Hello,
i win dv-2023. But I think I made a very important mistake and I will be disqualified. - I'm from Russia and i was born in Russia, but I choose Turkey as my foreign state of eligibility because I have been living in Turkey since 2008.
I married a woman born in Turkey on April 30 this year. I was happy when I was announced as the winner on May 8, but the eligibility country issue confuses me. Is it advantageous for my spouse to be born in Turkey? Or would it be advantageous for Russia and Turkey to be in the same region?
Waiting for your comments.
 
resadetserifzade said:
Hello,
i win dv-2023. But I think I made a very important mistake and I will be disqualified. - I'm from Russia and i was born in Russia, but I choose Turkey as my foreign state of eligibility because I have been living in Turkey since 2008.
I married a woman born in Turkey on April 30 this year. I was happy when I was announced as the winner on May 8, but the eligibility country issue confuses me. Is it advantageous for my spouse to be born in Turkey? Or would it be advantageous for Russia and Turkey to be in the same region?
Waiting for your comments.
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The rules say (although FAM went through a change about this) that a person choosing the incorrect country of chargeability would be disqualified UNLESS:

1. The countries were in the same region
2. The applicant received no benefit from the choice.
3. There are no fraud concerns

You are OK on point 1 and I assume you are OK on point 2.

However, Russia was a capped country in DV2023, meaning it had so many entries that it reached a limit of about 5500 selectees and then was capped - meaning no further Russians were selected after that number. That means you inadvertently benefitted (increased your chance of being selected) by choosing Turkey.

So - the CO would be justified to deny your case. However, a CO may not necessarily understand the nuance of point 2 above, and so *might* approve the case. The only way to know is to attend the interview, thus risking the fees. So - the choice of whether to continue or not is yours.

Your marriage can't fix the problem by the way, because that was after the entry. If the marriage had been BEFORE the entry then your choice would have been legitimate.
 
Hi and thanks all for your help and support
My wife is the main applicant but I was put in AP
The embassy called us yesterday and told me to drop off my wife’s passport and when I asked about my status they told me I am still in AP and hopefully I will get a reply before the end of this month otherwise I will not get my visa.
The thing is my wife is pregnant and she is due in November, I would like her to give birth to our baby in the US but I don’t think she can do it alone.
If by the end of this month I didn’t get a reply on my AP and I don’t get my visa, is there a way for me to enter the US after my wife ? Can I apply for b1/b2 and tell them I am going to be by my wife when she is giving birth ?
Is there any immigration type of visa I can apply to when my wife enter the us ? Before or even after she give birth to our child ?
 
madride4life said:
Hi and thanks all for your help and support
My wife is the main applicant but I was put in AP
The embassy called us yesterday and told me to drop off my wife’s passport and when I asked about my status they told me I am still in AP and hopefully I will get a reply before the end of this month otherwise I will not get my visa.
The thing is my wife is pregnant and she is due in November, I would like her to give birth to our baby in the US but I don’t think she can do it alone.
If by the end of this month I didn’t get a reply on my AP and I don’t get my visa, is there a way for me to enter the US after my wife ? Can I apply for b1/b2 and tell them I am going to be by my wife when she is giving birth ?
Is there any immigration type of visa I can apply to when my wife enter the us ? Before or even after she give birth to our child ?
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Unfortunately, you will not be getting any other type of US visa for as long as your current AP is pending.

Your wife will be eligible to sponsor you for a family preference category after she enters the US and becomes a LPR. The process currently takes about two years to complete.
 
Sm1smom said:
Unfortunately, you will not be getting any other type of US visa for as long as your current AP is pending.

Your wife will be eligible to sponsor you for a family preference category after she enters the US and becomes a LPR. The process currently takes about two years to complete.
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After she get her green card can she apply for family visa while she is outside the US?
 
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