| Author | Topic:
DV 2011 queries | sharmi094
Member | 
posted
October 30, 2009 03:41 PM 
 
Hi everyone,
I'm eligible to apply for the Diversity Visa Lottery 2011 and have already applied. Here are the questions I have:
1) My husband is born in an ineligible country. We want to know if he can apply too, and claim chargeability to my country of birth.
2) The instructions for DV 2011 say that AOS or CP has to be completed by fiscal 2011. Since we are currently in the US, and do not want to go for CP, we wanted to know how long does AOS usually take?
Thanks!
Posts:
1 | Registered: October 30, 2009 |
| Attorney_19
Attorney |
posted
November 01, 2009 09:16 PM
An individual can file for DV Lottery based on his/her spouse's country of birth if his/her own country of birth makes him/her ineligible for the DV Lottery. This is known as cross-chargeability. Cross-chargeability is allowed provided the husband and wife will apply together for the immigrant visa/adjustment of status if one of them to chosen as DV Lottery winner.
Posts:
677 | Registered: June 12, 2006 |
| i2009
Member |
posted
November 04, 2009 01:23 PM
Hello sharmi094:
The AOS could take 2 or more months depending on your case and the Field Office that will handle your case. The 2011 Fiscal Year will start on October 1st, 2010 and ends on September 30th, 2011. The visa MUST be granted before the end of the Fiscal Year.
There is a case number and cut-off numbers that rule when the visa would be available for DV selectees. If your case number is high, AOS could be risky because of the sunset (September 30th).
Good luck
Posts:
15 | Registered: July 29, 2009 |
| JoeF
Member |
posted
November 05, 2009 12:50 AM
In the past, CIS has often taken so long for AOS that the process wasn't finished in the fiscal year, resulting in people not getting their GCs. If I remember right, some people sued CIS because of that.
A way to avoid such problems is to go for CP, even if you are in the US. I know several people who got their GCs through the DV lottery in recent years, and they all used CP.
Posts:
23543 | Registered: January 07, 2004 |
| i2009
Member |
posted
November 05, 2009 02:23 PM
Hello JoeF,
That's right and mostly because of the name check. Fortunately things have changed in the past two years. There have been some cases that the whole AOS process took less than a month. It has happened at the last month of the Fiscal Year as the USCIS seems to speed up the process because of the sunset.
CP and AOS both have pros and cons. CP usually is quicker but it is hard to appeal in case of a rejection. Also, if the immigrant visa is rejected, then the applicant's current visa could be canceled and may not be eligible for future visas because they had expressed an intent to immigrate (in case that the applicant possessed a non-dual intention visa of course).
Posts:
15 | Registered: July 29, 2009 |
| GNH
Member |
posted
November 09, 2009 03:11 AM
I hold a H1 visa and so does my spouse. If we are lucky enough to get selected in the lottery this time,would it be a good idea for us to apply for CP? First of all how long do we have to stay out of the country? If it is too long,we won't be able to get off from work.
Of course this is a moot point as we have to get selected first :)
Posts:
374 | Registered: June 04, 2006 |
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