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I made a terrible error.... help!

I

inschool4ever

Registered Users (C)
I just came a cross this precious site and I'm in a dilemma hence need your input. I'm on F1 visa and winner for this fiscal year (DV2009AF40...)
I'm planning to do AOS, my wife is not eligible to either do AOS or CP, (long story). I made a silly mistake when I included her in the original entry. Is it acceptable for me to attend the interview in her absence? Being the principle winner do I have the right to eliminate any derivative (wife in this case)? What options do I have?
Thanks.
 
inschool4ever said:
I just came a cross this precious site and I'm in a dilemma hence need your input. I'm on F1 visa and winner for this fiscal year (DV2009AF40...)
I'm planning to do AOS, my wife is not eligible to either do AOS or CP, (long story). I made a silly mistake when I included her in the original entry. Is it acceptable for me to attend the interview in her absence? Being the principle winner do I have the right to eliminate any derivative (wife in this case)? What options do I have?
Thanks.
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u can go by urself if you want to.
 
You did the right thing by including her into your entry. Had you not done that, your entry would not be eligible for CP.

Now you could do AOS on your own. Dependning on the consulate, you could also do CP without her appearing with you at the interview. Some consulates with very high percentated of fraud cases, however, require her to be present at your interview, whether she applies for visa or not.
 
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raevsky said:
You did the right thing by including her into your entry. Had you not done that, your entry would not be aligible for CP.

Now you could do AOS on your own. Dependning on the consulate, you could also do CP without her appearing with you at the interview. Some consulates with very high percentated of fraud cases, however, require her to be present at your interview, whether she applies for visa or not.
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Thanks buddy for your quick response, now how do I fill the forms DS 230 or I-485 when the the comes? Should I ignore her details? Should I contact KCC and tell them that she will be not take part during the interview. Thanks.
 
Generally nothing is required. For some consulates, however, she must be present at the CP interview, and the consul will ask her and you both all the questions he needs, in separate rooms.
 
Somebody mentioned somewhere that you are required to attend the interview both of you at the the same time. Not sure though. Perhaps dependable folks here like Lucymo and countless others can throw more light on this.
 
Somebody mentioned somewhere that you are required to attend the interview both of you at the the same time
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In most consulates that is not the case. However, in Dhaka, for instance (a consulate with a high percentage of fraud cases)

http://dhaka.usembassy.gov/diversity_visas.html

IMPORTANT NOTES:

If you are married at the time of your DV interview, your spouse must accompany you to your interview regardless of whether or not he/she will apply for a visa. You should also be prepared to submit evidence of your marital relationship (e.g. nikah nama or wedding certificate with English translation, wedding photos, etc.) at the time of your interview.

As an anti-fraud measure, Diversity Visa interviews will not be rescheduled. If an interview-eligible Diversity Visa applicant does not appear at the scheduled date and time, the applicant’s Diversity Visa eligibility will be terminated.
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raevsky said:
If she is not applying, no form DS-230 or I-485 is filled by her.
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Now that I will be doing AOS, dont you think I will be at pains to explain to the IO as to why my wife did not take part and yet she is in the country? If I tell them she is ineligible to do AOS will that put her in trouble?
 
It looks like no questions are asked about spouse in I-485 or G-325A form, except the name and year of marriage. So, I do not see how this information could harm her.
 
She used to be on F1 visa but when she gave birth to our twin baby girls it was hard for her to maintain 12credit hour in college hence she fell out of status. Now for more than one year. Assuming she accompanies me to the interview site, even if she avoids filling the i-485 form will they arrest her for being illegally a round?
Did you mean that they are not supposed to ask any question which is not in the forms?
 
Well...if her I-94 was also F1 based and marked D/S, its validity too is gone now since she is out of status. I cant beleive why you let it happen than changing her's to F2 if you were on valid F1?? (may be a long story on that too?)
anyways ppl go thru all sorts of scenarios due to one too many reasons.

a) since she is more than 180 days out of status, I can't imagine how you would approach to rectify the situation [like the 3 yr,10yr bar situation] You may want to approach a lawyer and see whether they could do anything citing 'humanitarian' situation or something like that.

b) I beleive as others said, you just give her info in the i-485 and say she is not applying with you. And at the AoS interview if the Q props up, just say that she is planning to do CP.
( I don't think she needs to accompany you to local CIS office for the interview, but for CP it may be different)
Good luck !
 
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"I cant beleive why you let it happen than changing her's to F2 if you were on valid F1?? (may be a long story on that too?)"
I'm sorry i had no clue that an F2 visa existed then.
No lawyer can 'treat' my case, they all suggest that we go home but I know she will be barred from coming back, that is why I have opted to go AOS way by myself since my case is clean. I'm well a ware of my high case # but I really not bothered a bout it since most people have succeeded with even a high # than mine in the past.:confused::confused:
 
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