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Shamus

DV-2019

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Hi All,

Its been a long time since I posted here, back when I was a hopeful DV entrant (and never won in 5 years). So here is my update and a few questions.

After the 2015  DV I found out for the 5th year I (or my family members or friends) was not a winner. Later that year (around November) a friend of mine who was going to the Colorado on an H2B visa called me and asked if I wanted to take his place as the visa had not been assigned to him yet. He had acquired multi-strain malaria while filming the popular Discovery show "Hitched" in the Congo. So I gladly jumped on the opportunity, especially since H2B visas are paid for by the employer and your travel expenses are reimbursed by the employer. So I left and while there I met the love of my life and she is now my wife. Since then I have been living in the USA. In 2018 we had our first Child and my parents (Who are still farmers in Mpumalanga) decided to make plans to visit the states for the first time and meet their first grandchild. We then found out that after 9 years of trying, they too had won the DV2019. Fast forward to now, we are in the last phase of the process (They were 32XXX) and we have an interview on the 12th of September.

 

We had a few problems with going through all this:

1) We still don't have their Unabridged Birth or Marriage certificates, Home Affairs is a joke. We just used a service by a company called "Passports4U" and they claim they can get these certificates in 9 days from today. We have been waiting on and trying Home Affairs for over a year now. We did submit their original birth and marriage certificates to KCC (their marriage certificate is still the one that was posted in their ID books) and they didn't seem to have a problem with it. However, we are still trying to get the unabridged for the interview.

2) They got their police clearances last year July, and I see they are now too old for the Consulate apparently, so we applied for the clearance 2 weeks ago and hoping they arrive on time. Side note, we couriered them to Pretoria and our SAPS said it was fine.

3) They just completed the medicals without a hitch, but they were expensive and it was a mission driving all the way to Johannesburg twice for these things. But you gotta do what you gotta do!

4) My father was the selectee and he entered the DV2019 2 weeks before my sister turned 21, so he entered her as a dependent (Spoke to Kentucky and they said that it is completely fine). She is 22 currently (will turn 23 after the interview) and we are hoping they Consular officer will allow her through. Will keep you posted on this for anyone who encounters this problem, it should be a good reference point for dependents.

5) My father put an incorrect postal address on the DS260 form (the postal address where I was living previously in the US) so we going to have to see how to change that so their green cards are not sent to the wrong place when they are state side.

6) My final point is this: My father filled out the DS260, and was so flustered he made a spelling mistake on his email (he put **********@gmail.ccm instead of ***********@gmail.com) so he never got the email from KCC, but I discovered he had to email it in a month later because I called them on a whim. So my advice here, get someone to proof read ALL your stuff before submission, and when in doubt call KCC (you can call them from South Africa by adding +1 before the number) and ask about your case status (only if you are a selectee of course) and they might surprise you with something that didn't show up in your inbox!

 

Here are some questions I have before I end off this essay:

1) Has anyone gone through on their original marriage and birth certificates?

2) Has anyone had a dependent who turned 21 after they were selected?

3) Has anyone gone through with a police clearance older than 1 year?

 

I will keep you all posted on the outcomes as I think it will be educational for all.

 

Good Luck to all those moving to the States, you gonna love it! I sure did. Looking forward to hearing all your stories!

Dan

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Hi Dan, interesting read - thanks. I can say that I've partly done point 1 above: I could not get my unabridged birth certificate for myself in time for the interview, so I just took my original abridged certificate. Nothing was mentioned by the KCC nor in the interview and our visas were approved. That's about as much as I can contribute to your questions above. Good luck and I hope you get to reunite with the family on that side!

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Hi Dan,

interesting story. 

Your parents were correct to list your sister on the form as she was still under 21 as at that date. There is some protection (see https://www.uscis.gov/greencard/child-status-protection-act , there is a section for DV) so she may still qualify but as she is already 22, nearly 23, I don’t think it is enough to protect her. What month was the visa number actually current? (My limited understanding is that if she was under approx 21 years 7 months at that time she would be ok, but it doesn’t sound like that could be the case.)  I would suggest trying to confirm this in advance with the consulate so that you don’t unnecessarily pay any fees if she isn’t eligible. 

If your parents are still in SA which they are, the police certificate must be less than a year old. So they do need a new one.

Don’t know about the birth certificates. My dad did manage to get a long form one when he emigrated but that was back in the days of handwritten ones. I think it’s harder for older certificates and hopefully the consulate knows this. With a September interview there is not much time to fix any issues so I’d definitely continue to try get an unabridged one (as well as a new police clearance). Good luck for them!

Edited by SJ272

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Oh and re point 5, they can correct your address at the interview or with the CBP officer who processes them at the port of entry. 

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On Point number 2:  No, I did not have a derivative in the situation that you describe, but it seems that your sister will not be eligible for a derivative visa.  USCIS has a very specific formula for calculating the age in the case of DV derivative in this situation - you can read the details of how they calculate this in Chapter 7 of the policy manual - scroll down to section F - where they show how it is calculated for DV derivatives.

Basically, they take the age your sister is on the first day of the month in which a visa is available - e.g. 01 September 2019, when your father's number is current. In your sister's case, that would be about 22 years and 11 months based on what you describe.  Too old for a derivative visa - so that is when the CSAP kicks in - where they look at giving her 'credit' for the number of days the application was pending prior to when a visa was available. 

For DV derivatives, this 'credit' is based on the time from the DV entry period (October 2017) until the date of the notification of selection (May 2018) - i.e. about 7 months.  They will then deduct those 7 months from your sister's actual age on the date (01 Sep 2019) that a visa is available.  If she is 22 years and 11 months on that date (my assumption), then her CSAP age for visa purposes is that age MINUS 7 months - i.e. 22 years and 4 months.  That is still too old for a derivative - as the CSAP age needs to be under 21 years.

In any case, she should remain unmarried - the wait for your parents to sponsor her in the future is much shorter for an unmarried child, than it is for a married hcild. 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7

HOWEVER:  While your parents may be hesitant to 'leave your sister behind' - this would only be temporary, and they CAN bring her over - just not initially.  Once they have landed in the USA and validated their GC - i.e. they actually become permanent residents, they can  petition to bring her over as the unmarried child of a permanent resident.  According to the latest Visa bulletin, numbers in this category (F2B)are current for applications filed in June 2014 - so it is about a 5 year wait.  They need to be prepared for this - i.e. leaving her behind, and waiting 5 or so years (while she remains unmarried) before she too can move to the USA.  For them not to come over, means everyone stays behind in SA.

 

 

Edited by Malamute

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In any case, she should remain unmarried - the wait for your parents to sponsor her in the future is much shorter for an unmarried child, than it is for a married hcild. 

also note that as long as parents are only green card holders and not citizens, they can only sponsor her if she is single. They can file a petition literally on the day they land to get it rolling. If she gets married before they are citizens, the petition will lapse. If she gets married after they naturalize it will roll into F3.

if you have your citizenship [at]Inhabitant, you can file for a F4 sibling visa for her as backup. It’s still long (13 or 14 years I think), but it’s insurance, and that petition will stay in place even if she gets married.

Edited by SJ272

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On ‎8‎/‎28‎/‎2019 at 10:26 PM, SJ272 said:

In any case, she should remain unmarried - the wait for your parents to sponsor her in the future is much shorter for an unmarried child, than it is for a married hcild. 

I am a married child and I have been waiting 12.5 years already for our F3 visa to be processed. Some info from www.mygcvisa.com regarding waiting times

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Woekes!   I see a lot of Chinese getting in here on an LI visa I know of two who are just truck mechanics and they have been here for years. So possibly the LI visa category needs to be examined as there may well be grey areas where you can qualify to enter. after a few years, they managed to t change the LI visa to a green card.

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[at]Woekesyes those are the wait times up to now from old filings - it gets longer as time goes on. We were on F3 with a Dec 2008 PD and at that stage it was expected to be a 10 year wait, obviously it has turned out much longer - so thankful we won DV in the meanwhile 

agree with [at]oscarthere has been a lot of dodgy stuff going on with L visas, but I understand they have tightened up on approvals now because of it.

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Hi everybody, got our passports back today. It's really happening! 🤠

[at]Heidi556 are you also clearing customs at JFK, or do you have a direct flight to Hawaii?

Thank you to everybody here that shared their knowledge - without you we would definitely not have made it to the interview, as we would not have known the process has changed for submitting of forms! Also, the information regarding pets and pitbulls have really helped a lot. Everything you've shared really - thanks so much.

Is anyone here familiar with Pennsylvania? Do you know of any Saffas there?

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That’s great news! Are you guys excited? Keep the passports and envelope safe. 

Jip, well you clear customs here and my port of entry is Los Angeles, then continuing on to Honolulu. 

Happiness!

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My friends left on Saturday for a two-week fact-finding mission trip to Hawaii. Thave did a lot of research on the island of Molokai. The central part of the journey now is to find a house and some land. They will also check the schools out but already decided to start homeschooling due to the trouble they found with bullying in Maryland schools in their current neighborhood.

They Flew ut on  Alaskan Airlines from Reagan Airport to San Francisco and the on t Hawaii cost for two kids: three adults were over $10,000 for airfares. I will keep you all posted when they get back.

Strangely enough, I was also offered a job in Honolulu, Hawaii.. I have not given it much thought yet

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3 hours ago, Heidi556 said:

That’s great news! Are you guys excited? Keep the passports and envelope safe. 

Jip, well you clear customs here and my port of entry is Los Angeles, then continuing on to Honolulu. 

Happiness!

Very very excited! Yes, and don't forget about the x-rays that you need to keep with you as well for customs.

Good luck Heidi - are you all packed up and ready to go? How long are you going over for initially?

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Congrats, FranetteM! So exciting! I remember leaving the US Consulate after our successful interview and high fiving my wife under the US flag on a sunny Jozi afternoon like it was yesterday. It was sooooo crazy and surreal. An entire ocean of uncertainty lay ahead of us and now we are citizens with a 4-year-old girl and couldn’t imagine living anywhere else.

Good luck and enjoy the ride!

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[at]FranetteM- congrats! I do know some South Africans in Philly and surrounds - pretty good friends so I can ask stuff if you want.  Honestly, you’ll find saffers everywhere, including places you never expected. 

I don’t know why they tell you to take the X-ray through customs. Everyone reports it’s not needed. When I offered it to our processing officer he said “the only person who might need that is your new doctor”.  

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