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I'm in desparate situation------help

K

kihikaman

Registered Users (C)
Thanks for your invaluable ideas.
I'm a dv 2009 winner and on valid f1.
My wife is out of status for more than 180 days and yet I foolishly included her during the electronic registration.
Kindly advice me what to do. I know if I pursue the process with her included it will be rejected. Is it possible to eliminate her from the system? is it worthy it going a head if it leads to us being separated eventually?

Your -ve or +ve contribution will be appreciated.
 
kihikaman said:
Thanks for your invaluable ideas.
I'm a dv 2009 winner and on valid f1.
My wife is out of status for more than 180 days and yet I foolishly included her during the electronic registration.
Kindly advice me what to do. I know if I pursue the process with her included it will be rejected. Is it possible to eliminate her from the system? is it worthy it going a head if it leads to us being separated eventually?

Your -ve or +ve contribution will be appreciated.
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Unfortunately, there is no way to eliminate your wife from the original electronic registration.

If its worth going ahead, it is really your choice. Are you willing to be seperated with your wife because of a green card? Keep in mind that there is a possibilty that your case might also get rejected because of her disqualification.

Think very carefuly before decide because you might be risking your own F1 status for this. Everyone under F1 status who is winning the DV lottery carries the same risk of loosing their F1 status if the DV visa get rejected, but in your case, the risk might be even higher.
 
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kihikaman said:
Thanks for your invaluable ideas.
I'm a dv 2009 winner and on valid f1.
My wife is out of status for more than 180 days and yet I foolishly included her during the electronic registration.
Kindly advice me what to do. I know if I pursue the process with her included it will be rejected. Is it possible to eliminate her from the system? is it worthy it going a head if it leads to us being separated eventually?

Your -ve or +ve contribution will be appreciated.
Click to expand...

As far as your statement is concerned,you sound as if you and your wife are currently in the United states already.If your wife is out of status ,perhaps she was on a non-immigrant visa,allow her to stay with you until you get the second notification letter.Do not attempt to remove her from the initial registration.My other suggestion is ,since you are the principal applicant and the principal winner,changes can occur in between the processes and may be you have been separated already .If this is the case ,make sure you have a good reason (divorce certificates from the court) and explain it to KCC separately on an extra paper.But if you are not divorced,the fact that your wife has been out of status does not affect her immigrant visa application.II hope this can help
 
Gerindo and Beri thanks for your priceless views, yesterday i consulted an immigration lawyer who had no idea what a dv lottery is and it seemed to me he is only conversant with immigrants marrying citizens issues!! I'm yet to fill the forms and send them to KCC, what if I write them a letter explaining the situation, like she is not legible to process this thing? Being the primary winner will I be allowed to go it a lone?
By the way anybody knows competent and informed immigration lawyers in KS?
 
Out of status is not necessarily unlawfully present. Seek a good attorney. And I mean a good attorney.
 
I would think that a primary applicant has the right to choose if they want to include their spouse in the DV processing.

Since you can't take away your wife name from the initial application, one thing that concern me is that if they ever conduct a background check on your wife and found out that your wife never left the country, how would you explain this to the Immigration officers during the interview?

Becareful when exposing your wife name to the USCIS.

Good luck!
 
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Talk to a lawyer. D/S on F/J may not make out of status to be overstaying, depending on whether CIS already notices it.
 
FYI...I personally know someone who got denied DV using AOS because of over staying on a Non-Immig Visa by over 180 days.

I dont know how it will directly affect u, but I suspect that her denial might be detrimental to your chances.

Another option is to just wait until you have completed your semester, then do CP by BOTH of you going home 2 months before the interview, do the necessary paperwork i.e. medicals & fingerprints, then attend the interview together at the consulate. This way no discussions of overstaying will come up.
 
TNDV2008 said:
FYI...I personally know someone who got denied DV using AOS because of over staying on a Non-Immig Visa by over 180 days.

I dont know how it will directly affect u, but I suspect that her denial might be detrimental to your chances.

Another option is to just wait until you have completed your semester, then do CP by BOTH of you going home 2 months before the interview, do the necessary paperwork i.e. medicals & fingerprints, then attend the interview together at the consulate. This way no discussions of overstaying will come up.
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If you opt for CP and your case gets denied, your wife may not be able to come to the US with you!
 
dematra said:
What makes you think so?
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Think of it this way....If you leave the US, the immigration people have no idea that you left unless u surrender your i-94. A lot of people never surrender their I-94's upon departure.

This being the case, the Officer cannot just assume that this guys wife had overstayed her visa, unless two things happen -:

1.) She carelessly blurts out that she just recently left the US (that would be dumb)

2.) She is currently under deportation proceedings since USCIS already knows that she is now "illegally" in the US

All she has to do now is take a VERY, VERY low profile, and DONT communicate with USCIS, and at the right time depart with her husband to do CP processing.

AOS will require her to provide a current valid I-94 (or whatever document needed to prove that her presence in US is legal)

P.S. I just did CP processing and there was no single question about my wifes status - even though they saw that she had a B2 & TD that expired in 2007. We were ready with an answer for that since she had "returned to" canada earlier in the year.
 
dv2008gh said:
If you opt for CP and your case gets denied, your wife may not be able to come to the US with you!
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I am not sure if AOS will kill the DV based on wifeys "out of status" situation...but it's your chance, blow it if you want ...
 
TNDV2008 said:
Think of it this way....If you leave the US, the immigration people have no idea that you left unless u surrender your i-94. A lot of people never surrender their I-94's upon departure..
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Surrender of I-94 at departure has nothing to do with it. The USCIS immigration officers and the DoS consular officers are highly trained and extremely good at figuring out this things. Either way he has to have an interview. What's he supposed to do - lie about what she's been doing for X number of years?
 
dematra said:
Surrender of I-94 at departure has nothing to do with it.
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Not gonna argue about this...I have been in & out of US several times and I always keep my i-94...and it's never been an issue


dematra said:
The USCIS immigration officers and the DoS consular officers are highly trained and extremely good at figuring out this things.
Click to expand...

so u say...

dematra said:
Either way he has to have an interview. What's he supposed to do - lie about what she's been doing for X number of years?
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No one is telling anyone to lie...If the wifes status in US is not brought up by the officer, then no need to bring it up either

a.) You cant lie, on something that is not asked...simple.

b.) even if it's brought up, it's irrelevant since wife will be outside US anyway (if doing CP)....like I said, Being out of status WILL KILL any DV chances if DV is pursued via AOS
 
As far as I know, the officers at the point of exit from USA will ask for the I-94, unless you are going to Canada.
If you go to Canada, the Canadian officer will ask for I-94. For other countries, the US officer will ask for I-94.
 
pharunde2 said:
As far as I know, the officers at the point of exit from USA will ask for the I-94,... For other countries, the US officer will ask for I-94.
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hmmm, interesting....which officers are u refering to here? I have never seen a US (immigration?) officer when departing US, only when entering :confused:
 
TNDV2008 said:
hmmm, interesting....which officers are u refering to here? I have never seen a US (immigration?) officer when departing US, only when entering :confused:
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When you cross by land (especially into Canada), there is no US officer - they always brag about the "longest undefended border".

However, when you leave by air, I think there is a US officer at the airport that checks your passport (maybe they changed the procedure, but this is what I remember).
 
If she is on F1, there is high chance that DHS knows she is out of status because F1 is supposed to be on SEVIS, aren't they ?
Lawyer is answer.
 
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