BB & RR

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.

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?

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!

16 minutes ago, SusieQQQ said:

Have you taken the time yet to contact the embassy yet and see if they can issue the DV2 for a DV1 that was issued before the proclamation? I know of at least one embassy that has done this and it was a suggestion given to you a while ago already.

Yes i did write them an email, They have nothing new, they sent me the same info as usual, the link to the presidential proclamation and asking to keep checking their website.  I've seen some post saying some embassies are trying to open, i will wait for confirmation before sending another email.

By the way, do you have any more information about that embassy which has issued DV2 for DV1 that was issued before proclamation?

1 hour ago, James120383 said:

your inability to join your family is not a criteria for expedite request. You can try. Nothing wrong to apply and see what they say. if you get it, you get it and if not you have wait more. 

Did you know i was already in the embassy stage, filled DS-260, completed medical and vaccinations and that enemy virus came and my second appointment cancelled a week prior to happen, and there was EO suspending all the immigrants.  I had all nine months in normal circumstances, which turned out to be less then 3 beginning months in reality.  I am still 5% hopeful that AILA who is filing a case against suspension, will win and we will win too. :P.

1 hour ago, SusieQQQ said:

To be blunt, that attitude will lead to denial. 
 

I don’t know that your case meets the uscis definition of urgent humanitarian need, especially as your wife recently made the decision to move without you. Your wife may want to consult a lawyer. 

Yes, Lets give a try! i was never lucky anyway.  Missed my second interview by 5 days.  If not then, i will wait.

On 7/12/2020 at 9:38 AM, SusieQQQ said:

But even with a successful expedite request on processing the petition, no F2A visa can be issued before next year due to the ban.

Yes, There is a ban until December end, but in any way, even with expedite process in uscis and NVC, i guess it will take longer then December.  So It will be good to get earliest date possible after the ban.

3 hours ago, Jorgedig said:

From the OP's other thread, I got the feeling that the rationale for expediting was simply that his wife (principal DV visa applicant) and kids received their visas before him, and are now in the US, while he had to stay behind due to an issue with his medical exam. So, it is a petition under a different visa category. Wouldn't seem like criteria for an expedite if that is the case.

You're almost right, but since it's the case related to two small children and my spouse not being able to involve in any job being single there in the US, i am expecting i'll be considered in humanitarian background.  Let's try anyway, they have all my proofs themselves, i don't even need to prove.  By the way i was medically fit on 11th Feb 2020  .

May be a perfect request letter helps!

1 hour ago, SusieQQQ said:

But even with a successful expedite request on processing the petition, no F2A visa can be issued before next year due to the ban.

I understand but my concern is, some people in the other plate farm said if it is requested immediately after receiving NOA1, they will reject saying in the under normal proceeding.  Do we have to give them some time before requesting?

My NOA1 was received on 11th July for F2A, online submission.  Now should i wait certain time to request for expedite processing or i can apply right now, please help. It was California service center.

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! 

3 minutes ago, James120383 said:

no you cannot select what you want. its not the way it works 

Then why do they have this field in I-130?

While filing an I-130, F2A can we choose the service center ourselves or they will assign in any other basis?  Please share your ideas.

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.

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?

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!

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  

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?

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.

21 hours ago, Jorgedig said:

Even with a medical inadmissibility?

I had to wait two months and i got clear medical report. No treatment required, which report was also directly sent to embassy.

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 ?