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Spouse Visa and Lottery Visa Question

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Hello. If a Spouse Visa Case is still open (after being open for a long time), would it be considered visa fraud to enter into the Visa Lottery anyway, as the Spouse Visa Case is ongoing? I read somewhere that you can do that, but I need some 2nd opinions on this please. Thanks!

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No issue entering the DV lottery.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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17 minutes ago, Travel is life said:

Hello. If a Spouse Visa Case is still open (after being open for a long time), would it be considered visa fraud to enter into the Visa Lottery anyway, as the Spouse Visa Case is ongoing? I read somewhere that you can do that, but I need some 2nd opinions on this please. Thanks!

The only second opinion you need is in the DV lottery instructions, which confirm you can enter with another immigration visa case in process.

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Have you established why the spouse visa was denied? If she is generally inadmissible, further visa applications will not change that. 

 

You might want to investigate the options you have with moving to Ghana. 


 

 

 

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5 minutes ago, JFH said:

Have you established why the spouse visa was denied? If she is generally inadmissible, further visa applications will not change that. 

 

You might want to investigate the options you have with moving to Ghana. 

Was it denied? OP said case is “open”. 

Agree any underlying inadmissibility will remain regardless visa type.

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you can apply for spouse and dv lottery at the same time

however,  your wife was denied (found ineligble under one of the rules) so this may also apply ????? 

others may know more but this is from the DV lottery rules:

 

No. Visa application fees cannot be refunded. You must meet all qualifications for the visa as detailed in these instructions. If a consular officer determines you do not meet requirements for the visa, or you are otherwise ineligible for the DV under U.S. law, the officer cannot issue a visa and you will forfeit all fees paid.

 

Always best to read the instructions all the way thru when doing any immigration process

 

https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2020-Instructions-Translations/DV-2020-Instructions-English.pdf

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1 hour ago, SusieQQQ said:

Was it denied? OP said case is “open”. 

Agree any underlying inadmissibility will remain regardless visa type.

Previous posts by him say that it was denied and petition returned to USCIS.


 

 

 

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On 10/4/2019 at 10:51 AM, JFH said:

Have you established why the spouse visa was denied? If she is generally inadmissible, further visa applications will not change that. 

 

You might want to investigate the options you have with moving to Ghana. 

I don’t know why she got denied, we weren’t given a reason. The 221(g) just said our case will be sent back to NVC & USCIS. I feel like I was done a huge injustice here, I only want to have my wife here with me. I don’t see why she’d be inadmissible, she’s not a criminal, and never even been convicted of the most minor offense. I wrote the US Embassy in Ghana, without response yet, and wrote my local Congress man... but I guess that’s the best I can do for now. 

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If the petition is sent back to USCIS, it would be due to either an error on itr or that they believe it is invalid (not a bona fide marriage). Anything else would have the petition remain at the consulate.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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