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Foreign State Chargeability

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Filed: K-1 Visa Country: Wales
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Did not say it was.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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One question that nobody has asked -- if it's in a post and I missed it, sorry. But -- what nation's passport does she carry? Since she cannot, according to the OP, qualify for UAE citizenship, does she have a Dutch passport? IF so, I suspect there won't be a problem.

Makes absolutely no difference what passports she holds, or doesn't, or what citizenship or nationality she has, or doesn't. Completely irrelevant for DV. All that matters is that she was charged to the correct country which is usually birth, but she didn't put that, so she needs to jump through hoops now to try convince a CO that even though she was born in an eligible country she can cross charge to another with its own second set of hoops in terms of proof of temporary stay.

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Makes absolutely no difference what passports she holds, or doesn't, or what citizenship or nationality she has, or doesn't. Completely irrelevant for DV. All that matters is that she was charged to the correct country which is usually birth, but she didn't put that, so she needs to jump through hoops now to try convince a CO that even though she was born in an eligible country she can cross charge to another with its own second set of hoops in terms of proof of temporary stay.

You're correct, but a Dutch passport would add credence to why she used the Netherlands if there is going to be any chance of her application moving forward. My last statement was a bit optimistic in re-reading it, but I still think her only hope of jumping through those hoops you mention is if she's been documented as a Dutch citizen. If, for example, she's documented as a Lebanese citizen because of her father, I think she's dead in the water for trying to convincing anyone there was a clear, compelling reason to have listed herself as having a claim for chargeability under the Netherlands.

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You're correct, but a Dutch passport would add credence to why she used the Netherlands if there is going to be any chance of her application moving forward. My last statement was a bit optimistic in re-reading it, but I still think her only hope of jumping through those hoops you mention is if she's been documented as a Dutch citizen. If, for example, she's documented as a Lebanese citizen because of her father, I think she's dead in the water for trying to convincing anyone there was a clear, compelling reason to have listed herself as having a claim for chargeability under the Netherlands.

With respect, I don't think you understand how the claim is proven for DV. When I say passports and citizenship has absolutely nothing to do with it, it means exactly that. They do not care about that. It does not form any part of the process in how to establish chargeability. It could even be counter-productive, resulting in a response of "oh boy, another one who didn't read the rules properly and is using citizenship" and instant denial.

The rules are clear about how to establish chargeability for DV. The only way to do that is by (1) first having to convince the CO that even though she was born in an eligible country she can use another (this contradicts some of the wording on the DV instructions so she may not even get beyond this); then if she gets over that hurdle, (2) she has to prove her parents were temporarily in the country she was born in and not working for a local company while there. That's it. She can wave all the passports around that she wants to, it will make absolutely no difference.

Many people have received DVs based on countries they have never been citizens of but were born in..which is what the criterion is.

Edited by SusieQQQ
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Filed: Lift. Cond. (apr) Country: China
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~~~Closed for review~~~

***Thread back open; one non-responsive post as well as a reply to said post removed. Either post constructively or do not post. Additional actions as warranted will be taken for any further transgressions.***

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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  • 1 year later...

Just wanted to let everyone know that my sister in law did in fact receive her visa as of two days ago.

She had her interview back in March and was immediately placed on AP with passport given back to her. The interviewer mentioned he would have to refer back to D.C. to get clarification. She brought the passports of her parents at the time of her birth which had the work visas in it, her current passport, birth certificate, police certificates, medical, and also the printed out rules on chargeability.

Nothing happened at all in the case. Honestly, we had given up that it would go through as discussed above in Depth. she emailed the embassy about two weeks ago as the September 30th deadline was coming....they replied saying the case was complete and surprise surprise they asked for her to submit her passport and updated medical. Passport in hand she's ready to go !

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I can't remember all the details of this case and too lazy to read back through the whole thread :) but clearly having the parents' passports with work visas was enough proof for them - eventually!! judging by the time it took - happy she has her visa and can join her family!

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Yeah , I think the passport was it as well! She mentioned to me in Abu Dubai they do a two part interview. First part is a document check, basic questions. In this part , they wanted to reject her, but she had the rules with her, which was enough to push her to talk the consular officer . Good luck to anyone doing the chargeabilty route. Will try my best to answer any questions as there is not a whole

Lot on this topic

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