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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
Timeline
Posted (edited)

@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

I-130 JOURNEY FOR FATHER (2019, Immediate Relative of USC IR-5)

01/18/19 NOA1 Texas Service Center received I-130

08/02/19 Called USCIS to expedite I-130 after 196 days pending

08/06/19 Emailed Texas Service Center with requested evidence for I-130

08/09/19 Expedite approved by Texas Service Center

08/13/19: I-130 Approved by USCIS

08/29/19: USCIS sent petition file to NVC

09/09/19: NVC receives I-130 petition from USCIS
10/03/19: NVC generates case & invoice number, ready for AOS and IV fees to be paid

10/07/19: AOS and IV documents uploaded to CEAC

11/25/19: NVC Case Complete

12/18/19: NVC emails interview schedule date

1/6/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221G
2/4/20: USEM receives original signed I-864 via 2GO courier
TBD: Waiting for Administrative Processing to be completed and subsequent Visa 
Issuance

 

I-130/ I-485 JOURNEY FOR MOTHER (2019, Immediate Relative of USC IR-5)

01/18/19: NOA1 Texas Service Center received I-130 (not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)
06/17/19: Mailed I-485 package adjustment of status (filing with I-131, and I-765) from B2 Visa via 2 day Priority Mail

06/19/19: USPS delivered I-485 package to lockbox
06/24/19: Credit card charged

06/25/19: USCIS mails out NOA1 with receipt numbers (assigned to MSC National Benefits center)
07/02/19: Received NOA1 from USPS

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date 07/24/19

07/11/19: Received biometrics notice letter from USPS
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EAD

07/26/19: Received mailed USCIS instructions on where to fax expedite evidence from USPS 

07/27/19: Faxed requested evidence for EAD expedite
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131

08/02/19: USCIS mails out combo EAD/ AP card

08/07/19: Received combo EAD/ AP card via USPS Priority Mail

08/08/19: I-486 Case is Ready to Be Scheduled for An Interview.
08/26/19: I-130 Approved (NOA2) by USCIS (Texas Service Center)

12/10/19: Greer SC FO sends out I-485 interview appointment details
01/28/20: I-485 Interview at Greer SC FO

02/05/20: Green card ordered

02/06/20: I-485 case approved and NOA2 mailed
02/10/20: Green card produced and mailed out

02/12/20: Received Green card in mail

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Filed: O-1 Visa Country: Brazil
Timeline

@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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Filed: Citizen (apr) Country: Malaysia
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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 FATHER (2019, Immediate Relative of USC IR-5)

01/18/19 NOA1 Texas Service Center received I-130

08/02/19 Called USCIS to expedite I-130 after 196 days pending

08/06/19 Emailed Texas Service Center with requested evidence for I-130

08/09/19 Expedite approved by Texas Service Center

08/13/19: I-130 Approved by USCIS

08/29/19: USCIS sent petition file to NVC

09/09/19: NVC receives I-130 petition from USCIS
10/03/19: NVC generates case & invoice number, ready for AOS and IV fees to be paid

10/07/19: AOS and IV documents uploaded to CEAC

11/25/19: NVC Case Complete

12/18/19: NVC emails interview schedule date

1/6/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221G
2/4/20: USEM receives original signed I-864 via 2GO courier
TBD: Waiting for Administrative Processing to be completed and subsequent Visa 
Issuance

 

I-130/ I-485 JOURNEY FOR MOTHER (2019, Immediate Relative of USC IR-5)

01/18/19: NOA1 Texas Service Center received I-130 (not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)
06/17/19: Mailed I-485 package adjustment of status (filing with I-131, and I-765) from B2 Visa via 2 day Priority Mail

06/19/19: USPS delivered I-485 package to lockbox
06/24/19: Credit card charged

06/25/19: USCIS mails out NOA1 with receipt numbers (assigned to MSC National Benefits center)
07/02/19: Received NOA1 from USPS

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date 07/24/19

07/11/19: Received biometrics notice letter from USPS
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EAD

07/26/19: Received mailed USCIS instructions on where to fax expedite evidence from USPS 

07/27/19: Faxed requested evidence for EAD expedite
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131

08/02/19: USCIS mails out combo EAD/ AP card

08/07/19: Received combo EAD/ AP card via USPS Priority Mail

08/08/19: I-486 Case is Ready to Be Scheduled for An Interview.
08/26/19: I-130 Approved (NOA2) by USCIS (Texas Service Center)

12/10/19: Greer SC FO sends out I-485 interview appointment details
01/28/20: I-485 Interview at Greer SC FO

02/05/20: Green card ordered

02/06/20: I-485 case approved and NOA2 mailed
02/10/20: Green card produced and mailed out

02/12/20: Received Green card in mail

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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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Filed: Citizen (apr) Country: Malaysia
Timeline
Posted (edited)
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 FATHER (2019, Immediate Relative of USC IR-5)

01/18/19 NOA1 Texas Service Center received I-130

08/02/19 Called USCIS to expedite I-130 after 196 days pending

08/06/19 Emailed Texas Service Center with requested evidence for I-130

08/09/19 Expedite approved by Texas Service Center

08/13/19: I-130 Approved by USCIS

08/29/19: USCIS sent petition file to NVC

09/09/19: NVC receives I-130 petition from USCIS
10/03/19: NVC generates case & invoice number, ready for AOS and IV fees to be paid

10/07/19: AOS and IV documents uploaded to CEAC

11/25/19: NVC Case Complete

12/18/19: NVC emails interview schedule date

1/6/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221G
2/4/20: USEM receives original signed I-864 via 2GO courier
TBD: Waiting for Administrative Processing to be completed and subsequent Visa 
Issuance

 

I-130/ I-485 JOURNEY FOR MOTHER (2019, Immediate Relative of USC IR-5)

01/18/19: NOA1 Texas Service Center received I-130 (not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)
06/17/19: Mailed I-485 package adjustment of status (filing with I-131, and I-765) from B2 Visa via 2 day Priority Mail

06/19/19: USPS delivered I-485 package to lockbox
06/24/19: Credit card charged

06/25/19: USCIS mails out NOA1 with receipt numbers (assigned to MSC National Benefits center)
07/02/19: Received NOA1 from USPS

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date 07/24/19

07/11/19: Received biometrics notice letter from USPS
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EAD

07/26/19: Received mailed USCIS instructions on where to fax expedite evidence from USPS 

07/27/19: Faxed requested evidence for EAD expedite
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131

08/02/19: USCIS mails out combo EAD/ AP card

08/07/19: Received combo EAD/ AP card via USPS Priority Mail

08/08/19: I-486 Case is Ready to Be Scheduled for An Interview.
08/26/19: I-130 Approved (NOA2) by USCIS (Texas Service Center)

12/10/19: Greer SC FO sends out I-485 interview appointment details
01/28/20: I-485 Interview at Greer SC FO

02/05/20: Green card ordered

02/06/20: I-485 case approved and NOA2 mailed
02/10/20: Green card produced and mailed out

02/12/20: Received Green card in mail

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Filed: O-1 Visa Country: Brazil
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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.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Posted (edited)
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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Filed: O-1 Visa Country: Brazil
Timeline
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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Posted (edited)
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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