DV 2019

[DERY 0]

Hi Good morning, my wife is DV 2019 principl winner with me the husband as derivative we both went for the interview on the 1st November 2018 and the interview was successful, after the interview the consular kept my wife passport been the principal and then give me the husband my passport back to me and said he need a military police report from my work because i am a military man, which I did receive the military police report and attach to the passport and sent it back to them in a few days as require by the embassy.

On the 14th of November 2018 my wife the principal was call to inform me the husband that i should summit police report from Mali because i have been to Mali before, yes i been to US embassy in Mali 2016 December for tourists visa and i was denied and the fact is that i went to Mali UN peace keeping mission ( MINUSMA )so I took a letter of Attestation from the mission commander to them, informing them i was in as a UN peace keeping and have no criminal record with Malian or Malian police, after that have not hear from them again; to have Mali police report i have to travel from Ghana back to Mali to obtain the police report, God been so good i was able obtained the police clearance certificate and i sent to them on the 4th December 2018, so after the main document requested has sent to them on the 4th December i have not heard from them again up to Now.

Pls my question is:

1. Why have they not approve my wife visa as the principal up to Now.

2. They have since not telling us weather we are no AP or not.

3. Can they approve my wife visa to her as the principal without me, if yes why are they still keeping her passport.

4. We sent them an email to know the update of our passport since one week now they have not also reply.

Can you pls help me to no more about all this going on.

[Moses Bee 276]

7 minutes ago, DERY said:

Hi Good morning, my wife is DV 2019 principl winner with me the husband as derivative we both went for the interview on the 1st November 2018 and the interview was successful, after the interview the consular kept my wife passport been the principal and then give me the husband my passport back to me and said he need a military police report from my work because i am a military man, which I did receive the military police report and attach to the passport and sent it back to them in a few days as require by the embassy.

On the 14th of November 2018 my wife the principal was call to inform me the husband that i should summit police report from Mali because i have been to Mali before, yes i been to US embassy in Mali 2016 December for tourists visa and i was denied and the fact is that i went to Mali UN peace keeping mission ( MINUSMA )so I took a letter of Attestation from the mission commander to them, informing them i was in as a UN peace keeping and have no criminal record with Malian or Malian police, after that have not hear from them again; to have Mali police report i have to travel from Ghana back to Mali to obtain the police report, God been so good i was able obtained the police clearance certificate and i sent to them on the 4th December 2018, so after the main document requested has sent to them on the 4th December i have not heard from them again up to Now.

Pls my question is:

1. Why have they not approve my wife visa as the principal up to Now.

2. They have since not telling us weather we are no AP or not.

3. Can they approve my wife visa to her as the principal without me, if yes why are they still keeping her passport.

4. We sent them an email to know the update of our passport since one week now they have not also reply.

Can you pls help me to no more about all this going on.

Pls be patient , your case is under administrative process , they can't issue your wife visa and leave you because she had filled together with you as her husband.

It is a slowly process but with God willingness things will goes through since you are able to submitted all what they asked  to submit to them.

They will surely go through it and come back to you .

All the best. May God Almighty help us all to complete this journey and be with our love once in God name. AMEN 🙏🙏🙏

[jan22 2,898]

On 12/18/2018 at 1:41 AM, Moses Bee said:

Pls be patient , your case is under administrative process , they can't issue your wife visa and leave you because she had filled together with you as her husband.

It is a slowly process but with God willingness things will goes through since you are able to submitted all what they asked  to submit to them.

They will surely go through it and come back to you .

All the best. May God Almighty help us all to complete this journey and be with our love once in God name. AMEN 🙏🙏🙏

Not correct.  They could issue the wife's visa and hold his, since she is the principal applicant.  Not doing so is likely an indication that they don't expect a long delay before they can issue his.  They probably had to return his passport so he could use it to get the required police clearance in Mali.  Just needs to wait a bit more time, I think -- busy time of year, a lot of people on leave, etc.

[Stacy K 0]

Hey, I am also a DV 2019 winner , waiting to attend my interview. I was wondering, as a student, what forms does  my sponsor need to fill. I -864 or I -130? 

[Sm1smom 242]

On 2/8/2019 at 7:40 AM, Stacy K said:

Hey, I am also a DV 2019 winner , waiting to attend my interview. I was wondering, as a student, what forms does  my sponsor need to fill. I -864 or I -130? 

Form I-134

[lalaland123 0]

Hello,

 

I am A DV 2019 winner and I am already scheduled for an interview in April. 
I am the principal while my spouse and my child are the derivatives.

My husband had lived in USA and overstayed his visa. He still has an ongoing 10-year bar from the date he left the US. His Bar is not over yet.

1. Will his case affect my case and the chance of me getting approved for the DV visa?

2. If we attend the interview together, and he is rejected, will my application and my child's application be rejected as well?

3. If he is put on AP after the interview, will it hold back the rest of the members including me, the applicant? ( I am afraid his case will put us on hold on AP until September 30th). 

4. Would it be better for him to not attend the interview together and not migrate together and I apply a waiver for him and sponsor him once I get to USA?

 

all useful comments are greatly appreciated. Thank you!

[SusieQQQ 11,584]

 

9 hours ago, lalaland123 said:

Hello,

 

I am A DV 2019 winner and I am already scheduled for an interview in April. 
I am the principal while my spouse and my child are the derivatives.

My husband had lived in USA and overstayed his visa. He still has an ongoing 10-year bar from the date he left the US. His Bar is not over yet.

1. Will his case affect my case and the chance of me getting approved for the DV visa?

2. If we attend the interview together, and he is rejected, will my application and my child's application be rejected as well?

3. If he is put on AP after the interview, will it hold back the rest of the members including me, the applicant? ( I am afraid his case will put us on hold on AP until September 30th). 

4. Would it be better for him to not attend the interview together and not migrate together and I apply a waiver for him and sponsor him once I get to USA?

 

all useful comments are greatly appreciated. Thank you!

 

If you are the principal applicant, his denial will not affect you. As you know he is under a bar, to be honest there is no point in his applying and paying the fees only to be denied and potentially causing issues. Some consulates do hold back a whole family's application if one person is under AP, others will offer to issue the rest of the visas, or will do so but only on request, no way to know what might happen in your case, but as you already know he is still under a bar I don’t see the point of even going to the interview for him.

 

Bear in mind that waivers are not automatic and the whole process (visa application/waiver application/final visa) will (for the visa of a spouse of an LPR) easily take at least 3 years, probably longer, and if it is to be successful will almost certainly require you to have a lawyer. So yes this certainly is an option, but you need to be realistic about the time and cost involved, and the risk that the waiver may not even be granted after all that. When will his bar be up?

Edited March 12, 2019 by SusieQQQ

[lalaland123 0]

Thank you for your awesome reply @Susieqqq 

 

He left willingly left in 2012. So his bar will be over in 2022.. Like you said, it will take another 3 years (at least) to sponsor him a GReen card. That’s a long time to not be able to see his kid. But I guess we don’t have much choice! 

 

Thank you! 

[SusieQQQ 11,584]

1 hour ago, lalaland123 said:

Thank you for your awesome reply @Susieqqq 

 

He left willingly left in 2012. So his bar will be over in 2022.. Like you said, it will take another 3 years (at least) to sponsor him a GReen card. That’s a long time to not be able to see his kid. But I guess we don’t have much choice! 

 

Thank you! 

If his bar is over in 2022, it may not even make sense to bother with the waiver process. It takes around 2 years for the priority date of an F2A (spouse of permanent resident) applicant to become current, and then usually another few months for interview. So what I’d probably suggest in your case:  get the DV for yourself and your kid, delay moving to spend more time with your husband (but not excessively - for example leave a month before visa expiry, not the day before when a delayed flight could have disastrous consequences), then file the i130 for him about 2 years before his ban will be up. That starts the whole process, and by the time he gets to interview the ban is complete and he should be good to get his visa with no further issues. Hopefully you and your kid will be able to visit him in the interim. Good luck!

 

(note: he must be sure to take proof of when he left the US to the eventual interview, so he can prove his ban period is over.)

Edited March 12, 2019 by SusieQQQ

[lalaland123 0]

Hi Susieqqq,

 

Thanks again for your reply and your advice! Will take your advice and go ahead to the interview with just me and my kid. 

 

Just wondering, if I were to apply for the waiver, do I have to be in US or I can apply for his waiver right after my dv lottery is approved? 

 

And Which day starts as my green card holder status, the day I get accepted for green card after the interview, my first activation trip to USA, or the day I get my US green card (the physical card) when I am in the States? 

 

Thank you! 

[syphax 4]

I don't have answers for that, but i wish and hope you get what you both looking for, but i can suggest you for you to contact u.s. department of state- bureau of consular affair from their website, or try to contact Kentucky Consular Center Information.

https://travel.state.gov/content/travel.html

I wish you all the best. and i hope i win this May and i get selected.

[SusieQQQ 11,584]

2 hours ago, lalaland123 said:

Hi Susieqqq,

 

Thanks again for your reply and your advice! Will take your advice and go ahead to the interview with just me and my kid. 

 

Just wondering, if I were to apply for the waiver, do I have to be in US or I can apply for his waiver right after my dv lottery is approved? 

 

And Which day starts as my green card holder status, the day I get accepted for green card after the interview, my first activation trip to USA, or the day I get my US green card (the physical card) when I am in the States? 

 

Thank you! 

The thing with the waiver is, you can’t apply pre-emptively. The way it works is: you file the petition for your husband, he gets to his interview in due course, is denied because of the bar, and is informed if/that there is a waiver he can use to overcome it; only then you do actually file for a waiver. The initial petition till interview for spouse of LPR is around 2-2.5 years (partly depending how busy your home country embassy is), and some recent waiver posts have had the waiver process taking around a year. Also, a waiver is not automatic and you have to show extreme hardship to a US citizen or LPR spouse to get it - this is why you need a good lawyer on your side for it. (So you can’t file anything until you are a LPR, and you can’t file the waiver until he has actually been denied a visa.)

That’s why I suggested the better option (easier and cheaper and probably ultimately faster) might just be to hold off filing a few months until it would roughly work that he’d interview after the ban was over.

 

You become a LPR the day you land in the US using your immigrant visa. A physical green card is only a proof of status, not the status itself (in fact your entry-stamped immigrant visa becomes a temporary green card valid for one year once you’ve landed). 

Edited March 13, 2019 by SusieQQQ

[lalaland123 0]

He was given a visa denial letter when he applied for his last tourist Visa (b1/b2) visa. And it was stated there that he could apply for a waiver because of his ban. He has a brother who is a US Citizen. That was why the CO told him then that he could apply for a waiver. Can he use this denial for b1/b2 visa for waiver instead? Or is it has to be a denial letter from this DV interview?

[SusieQQQ 11,584]

As far I know the waivers for a non-immigrant and an immigrant visa are different, but I’m not an expert on this so I’d suggest you check elsewhere too. I’d also suggest that if you go down any waiver route you should get experienced legal counsel working on it. 

[lalaland123 0]

Ok. Thank you SO much Susieqqq!

 

God Bless!