DV-2022: Husband and wife stuck in two different country

[meryem_af]

HI.

I am DV-2022 winner. Me (Moroccan) and husband (Indian) are presently living in Morocco and India respectively and due to Covid-19 situation it is not possible for him to visit Morocco and vice versa. My CN is 2022AF9XXX.

In this situation, Is it possible that I (principal applicant) can select US Consulate (Morocco) and my husband will choose US Consulate Mumbai (India) on our individual DS-260 form?

 

[Britsimon]

No, you would need to both interview together. But of course, it is far too soon to know what the Covid situation will be before you could get interviewed (Oct/Nov at the earliest).

 

[meryem_af]

No, you would need to both interview together. But of course, it is far too soon to know what the Covid situation will be before you could get interviewed (Oct/Nov at the earliest).

Thank you for your reply.

You mean same Consulate is must? and
is it possible to go for any country of convenience?

As per your suggestion, to be together and at same consulate, India looks more possible for us than Morocco as I can get residence visa for a year and can reach there but for my husband it is almost unpredictable to reach here at least for present time as Morocco has topped giving any type of visa since a year.

 

[SusieQQQ]

Thank you for your reply.

You mean same Consulate is must? and
is it possible to go for any country of convenience?

As per your suggestion, to be together and at same consulate, India looks more possible for us than Morocco as I can get residence visa for a year and can reach there but for my husband it is almost unpredictable to reach here at least for present time as Morocco has topped giving any type of visa since a year.

Indian consulates have a massive backlog of family immigrant visas from covid shutdowns and the trump bans. Mumbai is reopening 7 June and will start with just rescheduling cancelled appointments and reissuing expired visas (which for some reason they require new interviews for). When they eventually start with new appointments it will still be for cases from last year. It’s not somewhere I personally would choose to try schedule a DV visa appointment.

 

[newacct]

It is not absolutely required that the principal beneficiary and derivative beneficiary be in the same country, but it is very problematic if they can't.

In other immigration categories, for the principal beneficiary and derivative beneficiary to go to consulates in different countries, the principal beneficiary's process would have to be done first in the first country's consulate, the principal beneficiary immigrates, before it can go to the second country's consulate for the derivative beneficiary. So the processes for the two people would be sequential, not simultaneous, and it would take longer for the derivative to immigrate.

But in the case of DV, immigrant visas can only be issued within the fiscal year. The longer process for the derivative to follow to join from a different consulate would probably not fit within the fiscal year, so the derivative would probably not be able to get a DV immigrant visa. So what would probably end up happening is that the principal beneficiary, once they enter the US, would have to file an I-130 family-based immigrant petition for the spouse to immigrate as the spouse of a permanent resident in the F2A category. And that will make it take even longer as they have to wait for the I-130 to be approved before it goes to the consulate.

 

[Britsimon]

It is not absolutely required that the principal beneficiary and derivative beneficiary be in the same country, but it is very problematic if they can't.

In other immigration categories, for the principal beneficiary and derivative beneficiary to go to consulates in different countries, the principal beneficiary's process would have to be done first in the first country's consulate, the principal beneficiary immigrates, before it can go to the second country's consulate for the derivative beneficiary. So the processes for the two people would be sequential, not simultaneous, and it would take longer for the derivative to immigrate.

But in the case of DV, immigrant visas can only be issued within the fiscal year. The longer process for the derivative to follow to join from a different consulate would probably not fit within the fiscal year, so the derivative would probably not be able to get a DV immigrant visa. So what would probably end up happening is that the principal beneficiary, once they enter the US, would have to file an I-130 family-based immigrant petition for the spouse to immigrate as the spouse of a permanent resident in the F2A category. And that will make it take even longer as they have to wait for the I-130 to be approved before it goes to the consulate.

Yep - it's because of the reasoning you explained that we just normally answer "no" for DV. The I-824 process works for DV, but that is only setup for AOS applicants with FTJ derivatives.

 

[meryem_af]

It is not absolutely required that the principal beneficiary and derivative beneficiary be in the same country, but it is very problematic if they can't.

In other immigration categories, for the principal beneficiary and derivative beneficiary to go to consulates in different countries, the principal beneficiary's process would have to be done first in the first country's consulate, the principal beneficiary immigrates, before it can go to the second country's consulate for the derivative beneficiary. So the processes for the two people would be sequential, not simultaneous, and it would take longer for the derivative to immigrate.

But in the case of DV, immigrant visas can only be issued within the fiscal year. The longer process for the derivative to follow to join from a different consulate would probably not fit within the fiscal year, so the derivative would probably not be able to get a DV immigrant visa. So what would probably end up happening is that the principal beneficiary, once they enter the US, would have to file an I-130 family-based immigrant petition for the spouse to immigrate as the spouse of a permanent resident in the F2A category. And that will make it take even longer as they have to wait for the I-130 to be approved before it goes to the consulate.

Thank you for your reply

This means on DS-260 form we can choose two different countries for interview. And if this is possible technically, then further process will also be possible but as u said being sequential and as per today's scenario of pandemic and backlogs it is full unpredictable for the time period which is most important n DV cases, only until max 30 Sep, 2022 that is also up to availability of DV visas.

Also, if derivative applicant misses interview then F2A is possible but online search predicts time frame as one year to 10 year.

I wish someone with same kind of experience in past can share the details.

 

[meryem_af]

Indian consulates have a massive backlog of family immigrant visas from covid shutdowns and the trump bans. Mumbai is reopening 7 June and will start with just rescheduling cancelled appointments and reissuing expired visas (which for some reason they require new interviews for). When they eventually start with new appointments it will still be for cases from last year. It’s not somewhere I personally would choose to try schedule a DV visa appointment.

You are absolutely right as per current situation,

But if we choose Morocco and for next few months Morocco do not open border for foreigners then my husband will simply miss the interview or may be visa quota will finished until he comes? then which is more better to compare and choose, Caablanca or Morocco if in worst cenario we can not choose our individual separate countries for our interview?

Really it is tough to decide...

 

[SusieQQQ]

You are absolutely right as per current situation,

But if we choose Morocco and for next few months Morocco do not open border for foreigners then my husband will simply miss the interview or may be visa quota will finished until he comes? then which is more better to compare and choose, Caablanca or Morocco if in worst cenario we can not choose our individual separate countries for our interview?

Really it is tough to decide...

You are not going to be interviewed in the next few months.

 

[Britsimon]

Thank you for your reply

This means on DS-260 form we can choose two different countries for interview. And if this is possible technically, then further process will also be possible but as u said being sequential and as per today's scenario of pandemic and backlogs it is full unpredictable for the time period which is most important n DV cases, only until max 30 Sep, 2022 that is also up to availability of DV visas.

Also, if derivative applicant misses interview then F2A is possible but online search predicts time frame as one year to 10 year.

I wish someone with same kind of experience in past can share the details.

Regardless of what you choose on the DS260s, you will be assigned to the embassy nearest the residential address as the main applicant. Only one interview will be scheduled.