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DV2020 - Family Separated

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Filed: F-2A Visa Country: Nepal
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Hello Friends,

Anyone had any case like Wife and Children got DV2020 visa but husband didn't get visa due to Medical Hold and second interview date cancelled due to pandemic.  In this situation what are the options left to enter into USA ?

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Posted (edited)

No real way now - unless the AILA class action suit gets an injunction on the proclamation- to keep the family together and move... with one maybe long shot option. Option one, stay in Nepal. Option 2, those with visas move, and wife sponsors husband under F2A, spouse of green card holder, after she moved. Option 3 long shot: some embassies appear to be issuing derivative visas for cases where principal approval happened before the proclamation. You can ask your embassy if your husband can still be eligible as principal visa has been issued. 

Edited by SusieQQQ

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Filed: AOS (apr) Country: New Zealand
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Posted (edited)
On 7/4/2020 at 9:36 AM, SusieQQQ said:

No real way now - unless the AILA class action suit gets an injunction on the proclamation- to keep the family together and move... with one maybe long shot option. Option one, stay in Nepal. Option 2, those with visas move, and wife sponsors husband under F2A, spouse of green card holder, after she moved. Option 3 long shot: some embassies appear to be issuing derivative visas for cases where principal approval happened before the proclamation. You can ask your embassy if your husband can still be eligible as principal visa has been issued. 

Even with a medical inadmissibility?

Edited by Jorgedig

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49 minutes ago, Jorgedig said:

Even with a medical inadmissibility?

Sounds like he overcame whatever it was (maybe TB course of treatment had to be done?) and was about to get it:

 

On 7/4/2020 at 8:32 AM, shahiBikash said:

second interview date cancelled due to pandemic.


 

I was assuming the question was about the ban, not the medical issue, but looking back I see it’s not actually explicitly framed that way. 

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Filed: F-2A Visa Country: Nepal
Timeline
21 hours ago, SusieQQQ said:

Sounds like he overcame whatever it was (maybe TB course of treatment had to be done?) and was about to get it:

 


 

I was assuming the question was about the ban, not the medical issue, but looking back I see it’s not actually explicitly framed that way. 

I got clear medical report after 2 month, then got another appointment, which was later cancelled.  I think all the options with DV2020 is ending with EO and suspension.  In the worst case if that happen, what could be other options to enter into USA and be with family.  That is my main question.

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Posted (edited)
1 hour ago, shahiBikash said:

I got clear medical report after 2 month, then got another appointment, which was later cancelled.  I think all the options with DV2020 is ending with EO and suspension.  In the worst case if that happen, what could be other options to enter into USA and be with family.  That is my main question.

And that is what I responded to above with 3 possible options.

 

by the way it’s unusual to get a second appointment in a case like this, where there has already been an interview, the visa is usually just issued when the clear medical report is received.  Are you sure  there are no other issues flagged?

Edited by SusieQQQ

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Filed: F-2A Visa Country: Nepal
Timeline
Posted (edited)
5 hours ago, SusieQQQ said:

And that is what I responded to above with 3 possible options.

 

by the way it’s unusual to get a second appointment in a case like this, where there has already been an interview, the visa is usually just issued when the clear medical report is received.  Are you sure  there are no other issues flagged?

I was notified my first visa appointment was cancelled due to medical hold,  didn't go to embassy.  Then after two month when medical report was sent to the US embassy,  they asked me to take another date myself online.  And 23rd march was the date i got second time.  They were clear about it in the emails sent. 

 

Thank you for suggestions, Now do you think i can start I-130 right now while DV2020 case is pending?

 

Edited by shahiBikash

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1 hour ago, shahiBikash said:

I was notified my first visa appointment was cancelled due to medical hold,  didn't go to embassy.  Then after two month when medical report was sent to the US embassy,  they asked me to take another date myself online.  And 23rd march was the date i got second time.  They were clear about it in the emails sent. 

 

Thank you for suggestions, Now do you think i can start I-130 right now while DV2020 case is pending?

 

Your posts are getting a little confusing as you seem to be referring to both yourself and your spouse as “I”. Anyway. You can’t file an i130 for your spouse until you are a green card holder. You can do it while DV or any other visa is pending but you must already have entered the US on your own immigrant visa before you can file. 

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Filed: F-2A Visa Country: Nepal
Timeline

My understanding is your wife and child got DV visas, you were scheduled at a delayed interview date which got cancelled due to the pandemic and is now on hold for the rest of the year by the EO.

 

If your wife has already immigrated to the US, she can start the i130 petition for you. Yes it can be done while you are waiting for DV interview. By the time it gets approved and processed thru NVC, the current hold on F2A visas will be lifted as it may take up to two years.

 

If the EO is lifted after December, you may contact the embassy to see if they will schedule the DV interview for you. If they do, you will be in the US faster that the i130 process.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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2 hours ago, arken said:

If the EO is lifted after December, you may contact the embassy to see if they will schedule the DV interview for you.

That won’t be possible, no DV2020 visas can be issued after 30 September. 

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Filed: F-2A Visa Country: Nepal
Timeline
17 hours ago, SusieQQQ said:

That won’t be possible, no DV2020 visas can be issued after 30 September. 

Ah yes, well, in that case i130 is the only way to go. 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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So there seems to be some different interpretation between embassies about reissue of visas that have expired. Some are not reissuing those under the ban. Others - including Nepal - are if the original was dated before the ban. This is not a reissue but it is a derivative of a visa issued before the ban so - again, I would contact the embassy because there is a long shot they may issue DV2 despite the ban. That may need to wait for routine appointments to start up again though.

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Filed: F-2A Visa Country: Nepal
Timeline
On 7/7/2020 at 6:30 PM, SusieQQQ said:

Your posts are getting a little confusing as you seem to be referring to both yourself and your spouse as “I”. Anyway. You can’t file an i130 for your spouse until you are a green card holder. You can do it while DV or any other visa is pending but you must already have entered the US on your own immigrant visa before you can file. 

Sorry about that, "I" meaning on that comment was my Spouse, We are one anyway :) 

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