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DV2013 winner travelling to USA before interview.

R

Rachel1812

Registered Users (C)
Hello forum members,
I have a doubt,my husband and principal applicant has to travel to USA because of work/government related motive.He would have to apply in the next weeks for a temporary visa.Is there any problem?Is this possible or it's better call off the journey?
Our interview if any should be in agoust-september next year.
Help us out please.
Regards.
 
Rachel1812 said:
Hello forum members,
I have a doubt,my husband and principal applicant has to travel to USA because of work/government related motive.He would have to apply in the next weeks for a temporary visa.Is there any problem?Is this possible or it's better call off the journey?
Our interview if any should be in agoust-september next year.
Help us out please.
Regards.
Click to expand...

I don't see any problems whatsoever. The only issue would be the police clearance certificate from US, if he stays there for more than six months.

Wait for more replies from experienced people.

Best of luck!
 
Since your husband does not currently have a temporary visa, he may encounter difficulties or outright denial when he goes to the embassy to apply for it. One of the questions he'll need to answer in order to get a temporary visa is whether he's ever signified an intention to apply for an immigrant visa. I'm assuming you've already sent in your initial forms to KCC following your selection, which constitutes an intent to immigrate. He has to tell the truth regarding this, as not doing so may come back to hunt him in the future. The IO may not be willing to give him the benefit of the doubt that this is a temporary visit.

It might be better to call off the trip (especially if he's able to convince his present employer about his non-availability to undertake the trip without it leading to bitterness or resentment). This is a personal call you guys will have to make.



Rachel1812 said:
Hello forum members,
I have a doubt,my husband and principal applicant has to travel to USA because of work/government related motive.He would have to apply in the next weeks for a temporary visa.Is there any problem?Is this possible or it's better call off the journey?
Our interview if any should be in agoust-september next year.
Help us out please.
Regards.
Click to expand...
 
hi Sm1smom

Then in that case, would you also advise against applying for 'Student Visa', while waiting for DV CN to be current ?

Problem is I have high CN and most likely will have to apply for Student Visa much before my CN becomes current (if it does) ?

This puts me in quandary.....
 
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In order to be granted a student visa, I believe you're required to demonstrate a strong tie to your current country. A student visa is also a non-immigrant visa, and you may also be asked as to whether you've demonstrated an intent to immigrate.

Bear in mind that I am not a lawyer nor do I work for the DOS, however, I personally would not recommend applying for a student visa at this point in time, but would rather entertain positive thoughts and focus on successfully completing the visa lottery. You could be current sometime between May and August. November's bulletin might actually shed a better light on the progress of things for Asian Selectees. I know the waiting can be a bit torturous, use the time wisely to ensure everything you need in support of your application/interview is in order.

Good luck!

kavisiromani said:
hi Sm1smom

Then in that case, would you also advise against applying for 'Student Visa', while waiting for DV CN to be current ?

Problem is I have high CN and most likely will have to apply for Student Visa much before my CN becomes current (if it does) ?

This puts me in quandary.....
Click to expand...
 
This is a tricky issue.....it proved to be dificult to put your life on hold and just wait...
It is a tough call,specially when the employer has no clue of what's going on...nevertheless my husband has really strong ties with our country and he would not leave behind all we have here to an uncertain emigration under a temporary visa if he has a real chance of a CG with his family with all the advantages that comes with it. Makes no sense,right?
 
I agree, it makes no sense. It's kind of like a catch 20/20. Good luck to your family as you guys make the best choice you possibly can.
 
Sm1smom said:
In order to be granted a student visa, I believe you're required to demonstrate a strong tie to your current country. A student visa is also a non-immigrant visa, and you may also be asked as to whether you've demonstrated an intent to immigrate.

Bear in mind that I am not a lawyer nor do I work for the DOS, however, I personally would not recommend applying for a student visa at this point in time, but would rather entertain positive thoughts and focus on successfully completing the visa lottery. You could be current sometime between May and August. November's bulletin might actually shed a better light on the progress of things for Asian Selectees. I know the waiting can be a bit torturous, use the time wisely to ensure everything you need in support of your application/interview is in order.

Good luck!
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Thanks for the view Sm1smom, I understand that those are not legal or professional replies thus I will take it appropriately.

To continue discussion further (only as an exercise), do you mean to suggest that applying for DV excludes me from the possibility of proving my Non-Intent on immigration ? (sorry for double negative). Point is whether I get DV Visa or not, going to US for education is a priority for me, so in your opinion I shouldn't have processed DS230, knowing that my high CN could never be current !

Please feel free to give your frank opinion, I wouldn't argue with what you have to say....
 
do you mean to suggest that applying for DV excludes me from the possibility of proving my Non-Intent on immigration? Point is whether I get DV Visa or not, going to US for education is a priority for me, so in your opinion I shouldn't have processed DS230, knowing that my high CN could never be current !
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No. I'm not suggesting the DV visa application excludes you from the possibility of proving non-immigrant intent. It's a lot more to do with the CO that is likely to review your F-1 visa application. Having a DV application in the system could be viewed as a 'red flag' that could make a CO harshly interpret INA 214(B) in your case.

According to the Immigration and Natural Acts section 214b: Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status.... A lot more onus will be placed on you to prove your intent, I think.

Problem is I have high CN and most likely will have to apply for Student Visa much before my CN becomes current (if it does) ?
Click to expand...

Point is whether I get DV Visa or not, going to US for education is a priority for me
Click to expand...

Being this highly agitated, I probably would have have suggested applying for the F-1 visa first, before initiating the DV Visa processing in view of the fear being entertained regarding the high CN.

so in your opinion I shouldn't have processed DS230, knowing that my high CN could never be current !
Click to expand...

However, personally, I'm a die-hard optimist. And if I was in your shoes, I most likely would have gone ahead and initiated the DV processing (like you've done) and entertain a strong believe that my CN will be current and I will ace the interview :D .... that's just me, a die-hard optimist!

You can check out these sites for more information regarding F-1 visa and immigrant intent:
INA Section 214(B) and Immigrant Intent: http://immigrationroad.com/visa/214b-immigrant-intent-visa-denial.php

Students and Immigrant Intent: http://travel.state.gov/visa/laws/telegrams/telegrams_2734.html

You can also post a topic here regarding your particular case of DV Visa vis a vis F-1 Visa: http://forums.immigration.com/forumdisplay.php?189-F-Visa-Issues-at-the-Consulates
 
Sm1smom said:
No. I'm not suggesting the DV visa application excludes you from the possibility of proving non-immigrant intent. It's a lot more to do with the CO that is likely to review your F-1 visa application. Having a DV application in the system could be viewed as a 'red flag' that could make a CO harshly interpret INA 214(B) in your case.

According to the Immigration and Natural Acts section 214b: Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status.... A lot more onus will be placed on you to prove your intent, I think.

Being this highly agitated, I probably would have have suggested applying for the F-1 visa first, before initiating the DV Visa processing in view of the fear being entertained regarding the high CN.
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Thankyou for this very informative post. Also thanks for giving the pointers to read more on them.

(un)fortunately I am also an optimist, (perhaps little too much that I had quit my current job ; going by previous 2 year trend 10K for Asia seemed probable by Nov !), but luckily senses prevailed and much clarity (and heartbreak) by Visa bulletin and considering employer, I was (am) able to continue working at the same place.

Initiating DV , even when F1 was certainly in the plan, was actually a thought out plan. After talking with few grad students I found out a higher probability of admission for Permanent Residents compared to Internationals (especially Asia). Well it was a gambit no regret that 'check' is on me.

cheers....
 
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