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Question about high case number and mariage !

Farma

Registered Users (C)
Hello everybody !

First of all, I must say thank you for all the great forumers taking time to help us for any concerns !
I am completely addicted to this forum, even though I just posted once...
Anyway, I would need help in my complicated case:
My boyfriend won the lottery so I am not the beneficiary (EU357**). We are together since 7 years and won't have any difficulties to proove our relationship. However, we are still not married, mainly because of me, as I didn't want a quick mariage (I'm a girl, sorry, want the things to be romantic :eek:) I know this is a mistake and nothing can be done about it right now). Our mariage is planned for the beginning of April (the 7th). When we sent the documents to KCC last May, he was then considered as single and wanted the interview to be in Paris.
In order to complicate my case, my boyfriend just left France for New Caledonia (new job) and I am staying in Paris until the end of my contract (end of June). I'm just going 3 weeks in April in New Caledonia for vacations, mariage and go back to France.
So technically, as soon as the mariage is done, we would need to send new documents to KCC with mariage certificate AND asking to be interviewed in Sydney (closest place from New Caledonia).

Now, let's place to my concerns:
- When looking at the visa bulletin, I'm very worried to be current in June as some forumers are planning. This would be the worst case senario as we would need to postpone the interview for July AND we would have no time to send new documents to KCC (the visa bulletin for June being published in April). What do you think about that ?
- If we are lucky enough and are current in July, do you think we will have time in April to send the documents to KCC ?

Another question, if the worst case senario happens (meaning current in June so I can not attend to the interview), do you think my boyfriend can continue the process alone as single and only make changes in the interview location ? Most of the people says it takes about 5 years for the spouse to join her husband in the US, but I also read several time that this delay has been considerably reduced and take about 1 year, is it true ? Does someone can tell which visa is this about in order me to check the delay on the website ?

I hope I have been quite clear on my concerns, if not, feel free to ask for detail !

Thank you in advance for you help
 
Simon is here :)
He will provide you a good answer I'm gonna just say happy valentine for you and your boy friend :)
 
Thank you vladek15425 ;) Unfortunately my boyfriend being far away from France, I'm going out tonight with friends for Valentine's day :p
Anyway, happy Valentine's day to you too !!
 
Hello everybody !

First of all, I must say thank you for all the great forumers taking time to help us for any concerns !
I am completely addicted to this forum, even though I just posted once...
Anyway, I would need help in my complicated case:
My boyfriend won the lottery so I am not the beneficiary (EU357**). We are together since 7 years and won't have any difficulties to proove our relationship. However, we are still not married, mainly because of me, as I didn't want a quick mariage (I'm a girl, sorry, want the things to be romantic :eek:) I know this is a mistake and nothing can be done about it right now). Our mariage is planned for the beginning of April (the 7th). When we sent the documents to KCC last May, he was then considered as single and wanted the interview to be in Paris.
In order to complicate my case, my boyfriend just left France for New Caledonia (new job) and I am staying in Paris until the end of my contract (end of June). I'm just going 3 weeks in April in New Caledonia for vacations, mariage and go back to France.
So technically, as soon as the mariage is done, we would need to send new documents to KCC with mariage certificate AND asking to be interviewed in Sydney (closest place from New Caledonia).

Now, let's place to my concerns:
- When looking at the visa bulletin, I'm very worried to be current in June as some forumers are planning. This would be the worst case senario as we would need to postpone the interview for July AND we would have no time to send new documents to KCC (the visa bulletin for June being published in April). What do you think about that ?
- If we are lucky enough and are current in July, do you think we will have time in April to send the documents to KCC ?

Another question, if the worst case senario happens (meaning current in June so I can not attend to the interview), do you think my boyfriend can continue the process alone as single and only make changes in the interview location ? Most of the people says it takes about 5 years for the spouse to join her husband in the US, but I also read several time that this delay has been considerably reduced and take about 1 year, is it true ? Does someone can tell which visa is this about in order me to check the delay on the website ?

I hope I have been quite clear on my concerns, if not, feel free to ask for detail !

Thank you in advance for you help


Ok first of all, your boyfriends number is good but at the beginning of the range that Raevsky has predicted for the cutoff. I personally think numbers will go higher than that BUT we might see a good jump for May and then a bit of a slowdown. It is too hard to say for certain - so it might be interview in June, but I think July is more likely now.

Next thing is the forms. If I were you I would send them as quickly as possible after the wedding. However you must decide where you will be interviewed. It may be possible to conduct the interviews in two embassies - but that obviously is more complicated and will cause some delay. With your number I would strongly suggest you avoid delays entirely - so if you can go back to join your boyfriend (or better yet - he joins you, that would be simpler and therefore less likely to get mixed up.

Once your boyfriend is maried he must not say he is then single. You have to notify KCC of the change in status - otherwise you can have problems when trying to get your GC later on (because the paperwork will show he lied). So - you need to do this by the book. You are getting married and you will be processed as married. So forget the 5 year/one year question.

SO - what to do.

OK - you get married on April 7. Have the forms prepared and get ready to send revised forms for him, forms/photos of you and a copy of the marriage certificate. Sit on that until the May VB is released (about 10th April). Once you are sure he is not going to be current until July you will be sure to book to attend the interview in Sydney. So then you can send your forms with both being interviewed there. IF however he gets current in June you might want to interview both in France, or one in Sydney and one in France - or whatever. Between now and then you can check what that would entail. Personally I would end the contract early if you are current in June. This stuff is more important than a couple of weeks of extra work...
 
Thank you Britsimon !
I really didn't know that a married couple can have th einterview at 2 different places ... but I guess that is risky and considerably increase AP as the 2 embassies should contact together in order to check on both interview.
Anyway, regarding my case, there is no way my boyfriend can join me so the only solution is me to join him at the end of June. So that would make 2 changes for KCC: interview location and married status.
About the 5 year question, I was asking in case of people think it is too risky (regarding timing) to marry and change interview location by sending the updated forms only in April. Because IF we are current in June, it will be too late for sending updated forms to KCC, as they would have probably already sent them to the local embassy right ? So in this case, we also thought about not marry together and let my boyfriend going as single at the interview (changing only the interview location) and marry after he got the GC (if everything goes well). That is why I was asking about the 5 years/1 year question.
And one more thing, there is no way I can end my contract early, as it is a short term contract and French law is very painful about it ! (I do not have the right to do that and I can end a short-term contract ONLY by proving I got another long-term contract). I am currently stuck with my company.

SO finally, what would you do ?
- Keep the interview in June and make the interview each in a different embassy ?
- Let him to go as single at the interview in June (no marriage) and marry him after IF I am sure there is no such a 5-years delay !
- If we are lucky enough to get our interview in July, do you really think we will have time to send updated forms at the beginning of April with new status and change of location ? KCC would have time to process the forms before sending it to the embassy ?

And then, one last question: As we'll do the interview in Sydney, we'll have to translate all our documents but what about proofs of our relationship like emails, bills and so on, do we have to translate everything ?

Again, thanks a lot for your help !
 
Farma,

First of all - you are not stuck with your company - that would be a form of slavery! You should discuss it with your company to see if they would be happy to release you early - if not - they cannot force you to go to work, but of course they won't pay you for the time you miss. Just my opinion - obviously you handle it as you see fit.

Anyway - more importantly, what to do.

Basically you can choose to marry before the interview or after.

I personally advise you to marry prior to the interview and be sure to submit the forms to KCC (by email and courier) after the wedding as I described above. If you hone KCC also they will do their best to add you to the interview schedule and they can advise what to do. Do that will be the simplest way to deal with the situation. If you marry before the DV interview HE MUST say he is married in the interview and inform KCC. Not doing so could cause big problems later.

If you decide to marry after his interview, as long as he has NOT entered the US yet he can request an interview for you under the DV program. However I think that would be a more complicated solution. Sm1smom posted a link about that for someone else this morning. Read the section at the bottom of page 11 on this link - http://www.state.gov/documents/organization/86920.pdf

9 FAM 40.1 N7.2 Spouse or Child Acquired Prior to
Admission of Principal Alien
(CT:VISA-748; 06-30-2005)
A spouse or child acquired prior to a principal alien’s admission to the United
States is entitled to derivative status and the priority date of the principal alien,
regardless of the period of time which may elapse between the issuance of a visa
to or admission into the United States of the principal alien and the issuance of a
visa to the spouse or child of such alien and regardless of whether the spouse or
child had been named in the immigrant visa (IV) application of the principal alien.


Neither choice is hassle free - but it will be worth doing.

You can translate emails if you like - but you will also find they like photographs - preferably from various times you were together such as holidays etc. Also if you have airtickets or things that show you travelling together that is good.
 
Ok, everything is very clear right now !
Thanks again Britsimon and good luck to you too !:D
 
Farma,

First of all - you are not stuck with your company - that would be a form of slavery! You should discuss it with your company to see if they would be happy to release you early - if not - they cannot force you to go to work, but of course they won't pay you for the time you miss. Just my opinion - obviously you handle it as you see fit.

Anyway - more importantly, what to do.

Basically you can choose to marry before the interview or after.

I personally advise you to marry prior to the interview and be sure to submit the forms to KCC (by email and courier) after the wedding as I described above. If you hone KCC also they will do their best to add you to the interview schedule and they can advise what to do. Do that will be the simplest way to deal with the situation. If you marry before the DV interview HE MUST say he is married in the interview and inform KCC. Not doing so could cause big problems later.

If you decide to marry after his interview, as long as he has NOT entered the US yet he can request an interview for you under the DV program. However I think that would be a more complicated solution. Sm1smom posted a link about that for someone else this morning. Read the section at the bottom of page 11 on this link - http://www.state.gov/documents/organization/86920.pdf

9 FAM 40.1 N7.2 Spouse or Child Acquired Prior to
Admission of Principal Alien
(CT:VISA-748; 06-30-2005)
A spouse or child acquired prior to a principal alien’s admission to the United
States is entitled to derivative status and the priority date of the principal alien,
regardless of the period of time which may elapse between the issuance of a visa
to or admission into the United States of the principal alien and the issuance of a
visa to the spouse or child of such alien and regardless of whether the spouse or
child had been named in the immigrant visa (IV) application of the principal alien.


Neither choice is hassle free - but it will be worth doing.

You can translate emails if you like - but you will also find they like photographs - preferably from various times you were together such as holidays etc. Also if you have airtickets or things that show you travelling together that is good.

I think there is a potential problem with the second route you mentioned ... And that is if they run out of visas in the interim. The above refers to the same priority date - obviously aimed at other IV classes (and I have never heard of this route being used for DV btw**), but if they have run out of visas then I don't see how she could get one?

I think marrying before the interview is just much safer all around.

** are you absolutely sure this applies to DV? For example just before that they talk about no time limit on follow-to-join family members, but we know this does not apply to DV where there is a time limit.

Edit again: ok looking point c on page 6 of http://www.state.gov/documents/organization/87838.pdf does imply it applies to DV. I would just worry again about timing. We know that any derivative, in the initial forms or not, loses out if they cannot get their visas by the end of the FY or if they run out. And I would expect a marriage after visa subject to even more scrutiny than one before, possibly leading to AP.
 
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Farma,

If I may add my 2 cents to what Simon has already posted:
- Go ahead and get married
- Send updated forms to KCC with a copy of your marriage certificate
- Do not change interview location
- Your boyfriend (husband to be :)) should return to France and attend the interview together
- Don't attempt a follow-to-join. You may not have enough time to attend the interview, there's no guarantee the embassy in New Caledonia will send over his file on time following his own interview and that the embassy in France will have an open slot for your interview when the file is eventually received before the FY comes to an end.
- Also, don't try the route of the 9 FAM 40.1 N7.2 for the same reason above - time factor. Timing is the reason I've never pointed people in this direction in the past when it comes to DV based applications. The process can be a bit complicated.
 
I think there is a potential problem with the second route you mentioned ... And that is if they run out of visas in the interim. The above refers to the same priority date - obviously aimed at other IV classes (and I have never heard of this route being used for DV btw**), but if they have run out of visas then I don't see how she could get one?

I think marrying before the interview is just much safer all around.

** are you absolutely sure this applies to DV? For example just before that they talk about no time limit on follow-to-join family members, but we know this does not apply to DV where there is a time limit.


I think the global limit does not apply to certain cases like babies processed at POE and potentially the second route mentioned above. For that reason I think country 7% numbers are also stretched if needed - so an accounting of numbers in later reports might show a handful of people that caused a a limit to be stretched. However, as we all seem to agree the first route (marriage before DV interview) is safer/better.
 
I think the global limit does not apply to certain cases like babies processed at POE and potentially the second route mentioned above. For that reason I think country 7% numbers are also stretched if needed - so an accounting of numbers in later reports might show a handful of people that caused a a limit to be stretched. However, as we all seem to agree the first route (marriage before DV interview) is safer/better.

I stand corrected on this, but babies processed at POE technically do not have a DV visa so I don't think that's comparable. If they have closed the program because they have run out of visas, and instructed embassies that no more can be issued, that is something else entirely. You may be right - but I for one would really not be willing to chance that.
 
I stand corrected on this, but babies processed at POE technically do not have a DV visa so I don't think that's comparable. If they have closed the program because they have run out of visas, and instructed embassies that no more can be issued, that is something else entirely. You may be right - but I for one would really not be willing to chance that.


Yes I may be right - but I would not be willing to chance it either !
 
Yes I may be right - but I would not be willing to chance it either !

There is confirmation here that a follow-to-join or other derivative applicant is not entitled to a visa if visa numbers run out. It's from a lawyer's website not an official one, but he cites a case law reference for it:

All DV-based applicants, including the principal beneficiary and each family member, whether accompanying or following-to-join, must obtain approval of the immigrant visa application or application to adjust status prior to the exhaustion of DV fiscal year allotment of immigrant visas or prior to midnight September 30th of the fiscal year, whichever comes first.

See p559 of http://www.wolfsdorf.com/articles/Winning the DV Lottery (revised).pdf
 
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There is confirmation here that a follow-to-join or other derivative applicant is not entitled to a visa if visa numbers run out. It's from a lawyer's website not an official one, but he cites a case law reference for it:

All DV-based applicants, including the principal beneficiary and each family member, whether accompanying or following-to-join, must obtain approval of the immigrant visa application or application to adjust status prior to the exhaustion of DV fiscal year allotment of immigrant visas or prior to midnight September 30th of the fiscal year, whichever comes first.

See p559 of http://www.wolfsdorf.com/articles/Winning the DV Lottery (revised).pdf


Good find - then I stand corrected and we were both right not to trust me!
 
Ok, now I am really in stress.

Following my situation (see previous posts), I need advices from everybody. Case number 357**.
Our wedding is finally planned the 3rd of April. But I strongly doubt about getting married for further reasons:
- If our number is current in June, we'll have no time to make any change, because when they will release the visa bulletin at the beginning of April, our case would already be at the embassy. In this case, what should we do ? Delay the interview ? As I said, I can not attempt to the interview in June (there is no way I end my contract earlier).
- IF our number is current in July, do you really think we would have time to make the changes ? (meaning sending the updated papers around mi-April - considering the time to make translations of the certificate mariage)

Right now, my boyfriend is registered as single and can attempt the interview at anytime. The main problem is me :eek:. So finally, I am starting thinking that it would be much more simpler if he continues the process as single (and we cancel the marriage in April), in order to secure at least 1 green card. And then starting the borring and long process with F2A visa. Actually, the delay to get the green card is only 9 months I believe and is no more 5/6 years.

I really need your advices !

And last question, does somebody know the nearest embassy from New Caledonia ? I was thinking about Sydney but now I start thinking about Fiji Islands. But not sure if there are aware about DV process over there, and not sure also they are able to process immigrant visa ?
 
Ok, now I am really in stress.

Following my situation (see previous posts), I need advices from everybody. Case number 357**.
Our wedding is finally planned the 3rd of April. But I strongly doubt about getting married for further reasons:
- If our number is current in June, we'll have no time to make any change, because when they will release the visa bulletin at the beginning of April, our case would already be at the embassy. In this case, what should we do ? Delay the interview ? As I said, I can not attempt to the interview in June (there is no way I end my contract earlier).
- IF our number is current in July, do you really think we would have time to make the changes ? (meaning sending the updated papers around mi-April - considering the time to make translations of the certificate mariage)

Right now, my boyfriend is registered as single and can attempt the interview at anytime. The main problem is me :eek:. So finally, I am starting thinking that it would be much more simpler if he continues the process as single (and we cancel the marriage in April), in order to secure at least 1 green card. And then starting the borring and long process with F2A visa. Actually, the delay to get the green card is only 9 months I believe and is no more 5/6 years.

I really need your advices !

And last question, does somebody know the nearest embassy from New Caledonia ? I was thinking about Sydney but now I start thinking about Fiji Islands. But not sure if there are aware about DV process over there, and not sure also they are able to process immigrant visa ?

Well let me start from your last question!
They do process immigrant dv visas in fidji, but transfering your case over there will force you to wait and waste about 2 to 3 months! And your timing is not on your favour !
Concerning your worry about being current on the next VB ! Yes you won't be able to include your self on the system in time if it happens. However you can always send forms via email to kcc and take the original forms to the interview .
Ps: don't forget to take photos of the wedding, proves of your relationship ......
 
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Even if we transfer our case while we are not current will delay the interview ? I don't understand why, because if we are still not planned at the embassy, why we would have delay ? Do you have any information about that ?
 
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