DV2020 - Family Separated

[BB & RR 2]

20 hours ago, arken said:

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.

Exactly like you understood, It seems like F2A will also have faster processing time compared to previous years since all the cases are now current.  I think, i will wait until AILA's case against ban which will be filed on court on 13th July. then immediately submit the I-130 if everything is inverse.  Another question do we really need anyone to support filing I-130?  I saw the form and don't think it's so tough!

[BB & RR 2]

31 minutes ago, SusieQQQ said:

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.

I wrote email to embassy about my situation and they suggested me, meaning my wife in USA to get in touch with an attorney.  Are they giving any hint that a lawyer might be helpful in this case?

[SusieQQQ 11,585]

21 minutes ago, RealPidit said:

I wrote email to embassy about my situation and they suggested me, meaning my wife in USA to get in touch with an attorney.  Are they giving any hint that a lawyer might be helpful in this case?

I don’t know. Can you confirm if your wife actually is already in the US? The first post made it sound like everyone was still in Nepal. Hard to give proper advice without knowing the proper situation. 

Edited July 8, 2020 by SusieQQQ

[BB & RR 2]

11 hours ago, SusieQQQ said:

I don’t know. Can you confirm if your wife actually is already in the US? The first post made it sound like everyone was still in Nepal. Hard to give proper advice without knowing the proper situation. 

Yes , My wife and 2 children are in US and they all have already received PR and SSC.  Anyway it has been helpful for good suggestions and some of them exactly matched the laywer's suggested.  Now she is on the process of filling I-130 online.  Thank you all. May be i need to Move on I-130 section onward.

[SusieQQQ 11,585]

1 minute ago, RealPidit said:

Yes , My wife and 2 children are in US and they all have already received PR and SSC.  Anyway it has been helpful for good suggestions and some of them exactly matched the laywer's suggested.  Now she is on the process of filling I-130 online.  Thank you all. May be i need to Move on I-130 section onward.

I would still contact embassy in your case just to see if they are prepared to issue you a DV2, but F2A is a good backup. To answer your other question, no you don’t need a lawyer unless there is some complication like a criminal record. If you look at the top of the page here under the “guides” you will also find helpful info. Good luck!

[retheem 553]

If you do not get into the US through the DV program, let your spouse go to the US. Day one after she arrives in the US, she can petition for you.

[arken 4,197]

16 minutes ago, retheem said:

If you do not get into the US through the DV program, let your spouse go to the US. Day one after she arrives in the US, she can petition for you.

OP already said his wife is in the US and she is in the process of filing i130 online.

[BB & RR 2]

22 hours ago, SusieQQQ said:

I would still contact embassy in your case just to see if they are prepared to issue you a DV2, but F2A is a good backup. To answer your other question, no you don’t need a lawyer unless there is some complication like a criminal record. If you look at the top of the page here under the “guides” you will also find helpful info. Good luck!

Appreciate That,  with a tiny hope of additional information! 

[BB & RR 2]

On 7/8/2020 at 8:54 PM, SusieQQQ said:

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.

I happen to find the form I-824 after my spouse filing I-130, i'am wondering whether that form would have been applicable to me in my case!

[SusieQQQ 11,585]

27 minutes ago, BB & RR said:

I happen to find the form I-824 after my spouse filing I-130, i'am wondering whether that form would have been applicable to me in my case!

No. Your DV case did not need an i824 as you were listed as a derivative immigrating with her and there is no other petition it can apply to.

Edited July 15, 2020 by SusieQQQ

[BB & RR 2]

On 7/15/2020 at 8:30 AM, SusieQQQ said:

No. Your DV case did not need an i824 as you were listed as a derivative immigrating with her and there is no other petition it can apply to.

Thank you SusieQQQ,

You've been to helpful to many people.  Luckily my medical was clear this time and everything went well, i just got visa issued today, hopefully receive passport in 4/5 days.  Happy!!!

Now do you think i immediately withdraw I-130 application which was filed on July 2020 or wait until i enter into the USA?

[SusieQQQ 11,585]

1 hour ago, BB & RR said:

Thank you SusieQQQ,

You've been to helpful to many people.  Luckily my medical was clear this time and everything went well, i just got visa issued today, hopefully receive passport in 4/5 days.  Happy!!!

Now do you think i immediately withdraw I-130 application which was filed on July 2020 or wait until i enter into the USA?

Happy to hear your visa got issued. I presume this is the DV2? Note that it may have the annotation “subject to PP xxx..” (whatever the presidential proclamation number is that prevents entry during the ban, currently in place until the end of the year). There is no benefit to withdrawing the i130. So if I were you, I would be extra cautious and wait till you have entered the US. Just in case the president is re-elected and extends the DV ban and you are unable to enter before the DV visa expiry, you will still have a backup option in place. It is possible that Nepal embassy decided this visa counts as approved before the ban took effect (because it is derivative) and it is not subject to the PP, then you can enter anytime - you will only know that for sure which is the case when you get the passport and visa back. I would still wait until you have actually entered on the immigrant visa before withdrawing the i130. 

[retheem 553]

3 hours ago, BB & RR said:

Thank you SusieQQQ,

You've been to helpful to many people.  Luckily my medical was clear this time and everything went well, i just got visa issued today, hopefully receive passport in 4/5 days.  Happy!!!

Now do you think i immediately withdraw I-130 application which was filed on July 2020 or wait until i enter into the USA?

Wait until you get into the US. Extra caution my friend, extra caution.

[BB & RR 2]

21 hours ago, SusieQQQ said:

Happy to hear your visa got issued. I presume this is the DV2? Note that it may have the annotation “subject to PP xxx..” (whatever the presidential proclamation number is that prevents entry during the ban, currently in place until the end of the year). There is no benefit to withdrawing the i130. So if I were you, I would be extra cautious and wait till you have entered the US. Just in case the president is re-elected and extends the DV ban and you are unable to enter before the DV visa expiry, you will still have a backup option in place. It is possible that Nepal embassy decided this visa counts as approved before the ban took effect (because it is derivative) and it is not subject to the PP, then you can enter anytime - you will only know that for sure which is the case when you get the passport and visa back. I would still wait until you have actually entered on the immigrant visa before withdrawing the i130. 

Thank you, Yes i am DV2, you've given a genuine suggestion.  I was also thinking the same.  I am not withdrawing it until i enter into the US.