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Alex90

Wrong country of chargeability

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Hi.I was born in armenia but i am spanish citizen.On the inicial entry I did error and put Spain the country of chargeability but i had to put armenia because I was born in armenia.in two weeks I will have my interview in usa embadsy in madrid.what do you think i will be aprove or denied???thanks

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Armenia and Spain both fall under Europe, and selection is based on region so you should be OK even with the error. If the countries had fallen under different regions then it would be a disqualification.

 

https://dvlotterystategov.us/images/pdfs/87838.pdf

 

9 FAM 42.33 N4.3 Errors in Choice of Country of Chargeability (CT:VISA-1478; 08-26-2010)

If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying. However, if a DV applicant chooses a country of chargeability during DV registration that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, you may continue processing the application.

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On 6/12/2019 at 8:52 PM, Alex90 said:

Hi.I was born in armenia but i am spanish citizen.On the inicial entry I did error and put Spain the country of chargeability but i had to put armenia because I was born in armenia.in two weeks I will have my interview in usa embadsy in madrid.what do you think i will be aprove or denied???thanks

Hi Alex,

 

Have you received your visa in the end?

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Filed: Citizen (apr) Country: Malaysia
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@xoyemopu @Darko I can confirm what SusieQQQ. I was a DV 2013 lottery winner and use the incorrect country of chargeability- thankfully my birth country (the one I should have chosen) and my country of citizenship (the one I incorrectly specified on my DV application) were from the same region.

 

Per the department of state’s foreign affairs manual FAM, this is not grounds for disqualification. I was so worried and engaged an immigration lawyer but in the end the AOS interview (I was already in the US so no NVC or console processing) was smooth and easy. 

Edited by ultrasoul

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I-130/ I-485 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application)

01/18/19: NOA1 Received I-130 (priority date, was not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)

06/19/19: USPS receives I-485 package to lockbox (priority date); 06/24/19: Credit card charged ,  USCIS mails out NOA1 06/25/19 with receipt numbers (assigned to MSC National Benefits center),  Received NOA1 from USPS (07/02/19:)

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date for 07/24/19, Received biometrics notice letter from USPS 07/11/19
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EADReceived mailed USCIS instructions on where to fax expedite evidence from USPS 07/26/19 Faxed requested evidence for EAD expedite  07/27/19
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131, USCIS mails out combo EAD/ AP card 08/02/19, Received combo EAD/ AP card via USPS Priority Mail 08/07/19

08/08/19: I-485 Case is Ready to Be Scheduled for An Interview
08/26/19: I-130 Approved (NOA2) by USCIS

12/10/19: FO sends out I-485 interview appointment details for 01/28/20 interview date 

02/06/20: I-485 case approved and NOA2 mailed
02/05/20: Green card ordered, Production and mailed 02/10/20, delivered to residence on 
02/12/20

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@ultrasoul what is the process when you are already in the us? Do you need to submit a ds260?

I already have a pending aos and combo card. I wonder if I'd be able to transfer it to the dv...

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@fs2439 your question doesn't make any sense. If you already have a pending aos I-485 from another application (assuming it's family based or employment), that means your other application was already current.

 

In that case, you shouldn't bother with the DV application- the processing time for a DV AOS isn't going to be materially faster than an AOS from a family based/ employment based preference.

 

If however your other in progress AOS is denied then your DV AOS can be another track you can embark on getting a green card


I-130 JOURNEY FOR 2020 Minor Child of LPR (F2A Online Application, MNL Consular Processing)

07/29/20 Online Filing for I-130, Same day Priority date 
07/31/20 Paper NOA1 mailed by USCIS, received on 08/03/20

07/31/20, 08/15/20, 09/01,20 Expedite Requests denied three times (self-submission and congressman outreach)

09/28/20: I-130 Approved by USCIS, received mailed NOA2 on 10/01/20

10/01/20: NVC electronically receives I-130 petition from USCIS, generates NVC case & invoice number, paid all NVC fees same day

10/05/19: CEAC ready for document uploads

TBD: Waiting for NBI Police Clearance to complete all upload of NVC docs

 

I-130 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application, MNL Consular Processing)

01/18/19 NOA1 I-130 (Priority Date)

08/02/19 Called USCIS to expedite I-130 after 196 days pending,  emailed expedite evidence 08/06/1,  expedite approved 08/09/19

08/13/19: I-130 Approved by USCIS, USCIS sent petition file to NVC 08/29/19 

09/09/19: NVC receives I-130 petition from USCISgenerates case & invoice number on 10/03/19 (paid all NVC fees same day)

10/07/19: CEAC ready for document uploads (AOS and IV documents uploaded to CEAC same day)

11/25/19: NVC Case Complete, NVC emails interview schedules interview on 12/18/19 for 01/06/20

01/06/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221GUSEM receives original signed I-864 via 2GO courier on 02/04/20
3/4/20: Immigrant Visa Issued by USEM, 2GO carrier picked up passport from USEM 3/6/20 and delivers to residence on 3/10/20

6/10/20: US POE

6/13/20: SSN card mailed date by SSA, delivered to residence on 6/18/20

7/3/20: LPR Green Card ordered, Production on 7/24/20, Mailed by USCIS on 7/27/20, delivered to residence on 7/29/20

 

I-130/ I-485 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application)

01/18/19: NOA1 Received I-130 (priority date, was not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)

06/19/19: USPS receives I-485 package to lockbox (priority date); 06/24/19: Credit card charged ,  USCIS mails out NOA1 06/25/19 with receipt numbers (assigned to MSC National Benefits center),  Received NOA1 from USPS (07/02/19:)

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date for 07/24/19, Received biometrics notice letter from USPS 07/11/19
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EADReceived mailed USCIS instructions on where to fax expedite evidence from USPS 07/26/19 Faxed requested evidence for EAD expedite  07/27/19
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131, USCIS mails out combo EAD/ AP card 08/02/19, Received combo EAD/ AP card via USPS Priority Mail 08/07/19

08/08/19: I-485 Case is Ready to Be Scheduled for An Interview
08/26/19: I-130 Approved (NOA2) by USCIS

12/10/19: FO sends out I-485 interview appointment details for 01/28/20 interview date 

02/06/20: I-485 case approved and NOA2 mailed
02/05/20: Green card ordered, Production and mailed 02/10/20, delivered to residence on 
02/12/20

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52 minutes ago, ultrasoul said:

the processing time for a DV AOS isn't going to be materially faster than an AOS from a family based/ employment based preference.

It is if they have the same start point (DV AOS is processed faster because of the sunset clause), but if you have another AOS in process and you haven’t even been selected in DV yet, then yes it’s unlikely to be faster.

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41 minutes ago, SusieQQQ said:

It is if they have the same start point (DV AOS is processed faster because of the sunset clause), but if you have another AOS in process and you haven’t even been selected in DV yet, then yes it’s unlikely to be faster.

@SusieQQQ your point is valid.

 

When my lawyer submitted my DV based AOS package back in 2013, he called out the urgency of DV processing on the AOS cover page in bold and large font to alert the FO three need time sensitive processing. From when the AOS package was received by the USCIS lockbox to the Boston FO interview was roughly 60 days for us.

 

Another relative's family based I-485 based on marriage to USC CR6 recently in Q4 201o at the Brooklyn FO was also 60 days from USCIS lockbox receipt to FO interview without any expedite request

 

But agreed with your point- based on the processing timelines most FO take 6 months to 2 years for AOS interview. My mother's Greenville SC FO was close to a year without expedite.

 

I think the OP would have to weigh the benefit of having a green card earlier by XX months (depending on the OP's FO AOS processing time) versus having to repay a fresh new set of AOS fees for the DV AOS ($1140 + $85 biometric + $330 DV DOS fee)

 

IMO if one already has an I-485 pending and then wins the DV lottery, there's no point in continuing the DV processing

Edited by ultrasoul

I-130 JOURNEY FOR 2020 Minor Child of LPR (F2A Online Application, MNL Consular Processing)

07/29/20 Online Filing for I-130, Same day Priority date 
07/31/20 Paper NOA1 mailed by USCIS, received on 08/03/20

07/31/20, 08/15/20, 09/01,20 Expedite Requests denied three times (self-submission and congressman outreach)

09/28/20: I-130 Approved by USCIS, received mailed NOA2 on 10/01/20

10/01/20: NVC electronically receives I-130 petition from USCIS, generates NVC case & invoice number, paid all NVC fees same day

10/05/19: CEAC ready for document uploads

TBD: Waiting for NBI Police Clearance to complete all upload of NVC docs

 

I-130 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application, MNL Consular Processing)

01/18/19 NOA1 I-130 (Priority Date)

08/02/19 Called USCIS to expedite I-130 after 196 days pending,  emailed expedite evidence 08/06/1,  expedite approved 08/09/19

08/13/19: I-130 Approved by USCIS, USCIS sent petition file to NVC 08/29/19 

09/09/19: NVC receives I-130 petition from USCISgenerates case & invoice number on 10/03/19 (paid all NVC fees same day)

10/07/19: CEAC ready for document uploads (AOS and IV documents uploaded to CEAC same day)

11/25/19: NVC Case Complete, NVC emails interview schedules interview on 12/18/19 for 01/06/20

01/06/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221GUSEM receives original signed I-864 via 2GO courier on 02/04/20
3/4/20: Immigrant Visa Issued by USEM, 2GO carrier picked up passport from USEM 3/6/20 and delivers to residence on 3/10/20

6/10/20: US POE

6/13/20: SSN card mailed date by SSA, delivered to residence on 6/18/20

7/3/20: LPR Green Card ordered, Production on 7/24/20, Mailed by USCIS on 7/27/20, delivered to residence on 7/29/20

 

I-130/ I-485 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application)

01/18/19: NOA1 Received I-130 (priority date, was not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)

06/19/19: USPS receives I-485 package to lockbox (priority date); 06/24/19: Credit card charged ,  USCIS mails out NOA1 06/25/19 with receipt numbers (assigned to MSC National Benefits center),  Received NOA1 from USPS (07/02/19:)

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date for 07/24/19, Received biometrics notice letter from USPS 07/11/19
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EADReceived mailed USCIS instructions on where to fax expedite evidence from USPS 07/26/19 Faxed requested evidence for EAD expedite  07/27/19
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131, USCIS mails out combo EAD/ AP card 08/02/19, Received combo EAD/ AP card via USPS Priority Mail 08/07/19

08/08/19: I-485 Case is Ready to Be Scheduled for An Interview
08/26/19: I-130 Approved (NOA2) by USCIS

12/10/19: FO sends out I-485 interview appointment details for 01/28/20 interview date 

02/06/20: I-485 case approved and NOA2 mailed
02/05/20: Green card ordered, Production and mailed 02/10/20, delivered to residence on 
02/12/20

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I dont know that my i140 will be approved, or approved without an rfe

 

I was just wondering if I could transfer the aos to the DV of selected and what that process is.

 

Personally, I think my question makes sense ;)

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1 minute ago, fs2439 said:

I was just wondering if I could transfer the aos to the DV of selected and what that process is.

 

Personally, I think my question makes sense ;)

Uhhhhh nothing has to make sense in a bureaucracy.  Nonsense is part of of the definition.

 

You can't change the AOS from one type to another.  You can always file another.


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1 hour ago, ultrasoul said:

@SusieQQQ your point is valid.

 

When my lawyer submitted my DV based AOS package back in 2013, he called out the urgency of DV processing on the AOS cover page in bold and large font to alert the FO three need time sensitive processing. From when the AOS package was received by the USCIS lockbox to the Boston FO interview was roughly 60 days for us.

 

Another relative's family based I-485 based on marriage to USC CR6 recently in Q4 201o at the Brooklyn FO was also 60 days from USCIS lockbox receipt to FO interview without any expedite request

 

But agreed with your point- based on the processing timelines most FO take 6 months to 2 years for AOS interview. My mother's Greenville SC FO was close to a year without expedite.

 

I think the OP would have to weigh the benefit of having a green card earlier by XX months (depending on the OP's FO AOS processing time) versus having to repay a fresh new set of AOS fees for the DV AOS ($1140 + $85 biometric + $330 DV DOS fee)

 

IMO if one already has an I-485 pending and then wins the DV lottery, there's no point in continuing the DV processing

Many FOs have longer than a year normal processing time for AOS. That just won’t (can’t) happen with DV. Depending when they submit some people get through DV AOS in less than 2 months. Different FOs approach DV AOS in different ways (there are so few of them, 1000-1500 annually across the entire US), some of the FOs process as they receive them but some  FOs batch them so people submitting earlier in the FY at those FOs take longer than those who submit later. Regardless, the hard deadline means that mostly DV gets priority over other cases.
 


 

 

5 minutes ago, fs2439 said:

I dont know that my i140 will be approved, or approved without an rfe

 

I was just wondering if I could transfer the aos to the DV of selected and what that process is.

 

Personally, I think my question makes sense ;)

As above, you can’t transfer it, you can file a parallel AOS if you get selected. Bear in mind you can only file DV AOS when your number is current (well, about 6 weeks before technically) so there’s also that wait. IF you get selected.

Edited by SusieQQQ

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48 minutes ago, SusieQQQ said:

Many FOs have longer than a year normal processing time for AOS. That just won’t (can’t) happen with DV. Depending when they submit some people get through DV AOS in less than 2 months. Different FOs approach DV AOS in different ways (there are so few of them, 1000-1500 annually across the entire US), some of the FOs process as they receive them but some  FOs batch them so people submitting earlier in the FY at those FOs take longer than those who submit later. Regardless, the hard deadline means that mostly DV gets priority over other cases.
 


 

 

As above, you can’t transfer it, you can file a parallel AOS if you get selected. Bear in mind you can only file DV AOS when your number is current (well, about 6 weeks before technically) so there’s also that wait. IF you get selected.

Interesting. You can transfer between employment cases, and I'm pretty sure you can transfer from employment to family... anyway, thank you!

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21 minutes ago, fs2439 said:

Interesting. You can transfer between employment cases, and I'm pretty sure you can transfer from employment to family... anyway, thank you!

 

What is your source for this, if it’s possible to be done with DV too it will almost certainly be in the same part of the policy manual. So that’s where to look. I certainly know that for our green cards our DV ran in parallel to our existing family petition, but we didn’t AOS.

Edited by SusieQQQ

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