DV 2011 Interview at Montreal in October - placed in administrative processing 221g - how long wait?

[aquamarinebeach 1]

Both my wife and myself had applied for the DV2011 lottery. We were common-law in Canada when we applied in 2009. When we applied for the lottery, we included each other as spouse even though we were not legally married as there was no option for common-law in the lottery and we did not think we were single.

A few months back my wife won the lottery. So, while filling up forms we sent to Kentucky (we entered our marriage date as the date on which we had our common-law marriage - i.e. November 2008).

Also we got legally married in July 2010. We went to our interview in Montreal in October 2010 and we provided evidence of both the common-law and legal marriage.

The interview with the consulate officer was okay except a few small things that I found weird

- for e.g. he asked us to provide an address where we would be living in the USA and an address where we would have the PR card mailed out (we had entered N/A on the forms) - and asked us to email that info ASAP (I emailed them the info of a friend the very next day - but come on - how do they expect people to have a US address?...if for e.g. you know no one in the USA or have never been there - which I am sure is the case for the majority of Diversity Lottery applicants)

Also the second thing I found weird was the way he was referring to everything categorically according to US laws...for e.g. saying categorically that the US does not recognize a common-law marriage....I mean come on....given that he works in Canada.....where common-law is legally recognized....and given that he is bound to come across different types of marriages especially when it comes to Diversity lottery applicants (i.e. mostly originating from countries with legal systems that are vastly different from those of the USA) - i.e. some countries only have religious weddings, some countries have same sex marriages.....and obviously when these people get married they are not concerned whether the USA recognizes their marriage or not....

Other than that he asked the generic questions - i.e line of work, expected moving date, checked checked documents (birth certificate, marriage certificate, bank statements…).......All went smoothly.

Finally the consulate officer said he could not approve the visa right away because he would need to do check the validity of our common-law marriage in Canada in the context of US laws - he said that he would forward it to Washington...because he is not sure if (under US laws) my wife would be considered married or single when she entered the lottery.....as at the time she was not legally married.

And that's why he was placing it under administrative processing and gave us the white sheet of paper with 221(g) checked off - and with the comment "administrative processing". Also he kept our passports and asked if we had registered for the DHL delivery - to which we replied "yes" and he said – good, and that they have till September 2011 to process DV2011 applications and that it should take around 2 weeks to get our passports back. But it's been more than a month now and still no sign of the passports or no updates on the usvisa-info.com website. Also we did not get a DHL waybill number.

Also, the very next day after the interview (although I was not asked to submit any documentation) I both emailed and faxed Montreal info that I found from official US Government websites regarding common-law marriage:

The first website is: Immigrant Visa for a Spouse (IR1 or CR1)

travel.state.gov/visa/immigrants/types/types_2991.html

“What is a "Spouse"?

A spouse is a legally wedded husband or wife.

* Merely living together does not qualify a marriage for immigration.

* Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.

* In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

* Same-sex marriages are not recognized by immigration law for the purpose of immigrating to the U.S.”

The second website is: Glossary of Visa Terms

travel.state.gov/visa/frvi/glossary/glossary_1363.html#commonlawmarriage

“Spouse:Legally married husband or wife. A co-habiting partner does not qualify as a spouse for immigration purposes. A common-law husband or wife may or may not qualify as a spouse for immigration purposes, depending on the laws of the country where the relationship occurs.”

So far I have emailed them asking about the status of the case given that I was told I would receive passports back in 2 weeks

. And I got the short reply below.

"Your case and documents you have sent in are still in review, we will advise you once a decision is made on your file. "

That wait is killing me. Did anyone here go through administrative processing before and knows how long it takes for it to be complete?

So far not very happy with the lack of communication from the Montreal consulate.

[Inky 1,110]

I had a feeling there was more to your AP question in the K-1 forum, it is MUCH better to post the whole story than leaving out the entire thing and just asking why you got AP in montreal canada.

Since you now posted your whole issue im currious, how does a canadian apply for the DV lottery when canadians arent eligible?

[aquamarinebeach 1]

Thanks for your reply inky. I just wanted to leave the topic as broad as possible...in order to get the maximum responses for people placed in AP for one reason or another - and posted in the K1 category since my AP is common-law related and also coz I see most cases from Canada are in the K1 category. That wait just kills - why should the officer say it's gonna be a couple weeks and keep the passport when clearly it takes longer....I can't even travel to somewhere warm for the New Year now...

For the Diversity lottery, you can claim your country of birth as eligible country (I was not born in Canada), or even your parents' country of birth or even your spouse's country of birth to qualify.

[Inky 1,110]

Thanks for your reply inky. I just wanted to leave the topic as broad as possible...in order to get the maximum responses for people placed in AP for one reason or another - and posted in the K1 category since my AP is common-law related and also coz I see most cases from Canada are in the K1 category. That wait just kills - why should the officer say it's gonna be a couple weeks and keep the passport when clearly it takes longer....I can't even travel to somewhere warm for the New Year now...

For the Diversity lottery, you can claim your country of birth as eligible country (I was not born in Canada), or even your parents' country of birth or even your spouse's country of birth to qualify.

I will say.. it IS Montreal. They are pretty back logged since they are the only ones doing CR-1s on top of K-1s and other stuff. So I wouldn't be too surprised if it takes a couple of months.

Interesting to know you can claim your spouses country of birth for DV lottery etc.

[Flames9_RN 358]

Some in AP have waited over a year, its hard to say! Montreal isn't the fastest of the consulates thats for sure! Not sure USA recognizes Common law marriages, but again, not something I have looked into. Just because Canada does, does not mean other countries do. Best of luck

ps VJ tends to be a bit slower on the weekends, so the responses may be slow to spill in.

Edited December 3, 2010 by Flames9_RN

[Kevbev09 1]

I have never seen a K-1 visa in canada get an AP. I have seen a few CR/IR-1s get AP but that was because of issues that were told at the interview. Hence my saying that this is best posted in the canada forum.

Inky you forgot about me, I'm hurt.. however she already tracked me down somehow! We are rare but we do exist.

[brightskte 18]

I can see how he would ask you about your address, but don't understand how it would apply since you're now legally married.

For instance, here in Kentucky common-law marriage isn't recognized, but it is in Alabama. If you were applying solely based on common-law marriage AND coincidentally moving to Kentucky, you're marriage wouldn't be recognized(and if you were moving to Alabama it would be). But again, as you're now legally married I can't see how that would matter unless he's trying to go a bit deeper into it.

Edited December 4, 2010 by Kayla*Mathew

[JohnBM 0]

Aquamarinebeach,

Did the officed ask you to produce prove that you were in a commo-law relationship when you first submitted the entry for DV Lottery?

[aquamarinebeach 1]

kevbev - it seems from our private discussion we indeed had the same consular guy

kaylamatthew & JohnBM - infact, that's exactly my main point - WE ARE LEGALLY MARRIED - also he did not ask any questions about our relationship....the impression I got was that he did not thoroughly look at our documents - because he asked if we had any proof of the common law marriage - we said we had submitted a certificate of the marriage under citizenship n immigration canada....dated in 2008 and signed by an authorized by an authorized commissioner of oaths in Calgary, Aberta (province where common-law is legal)

Also later on I sent copy of confirmation of permanent resident residence (COPR) documentation forms of both wife and myself showing that when we became permanent residents of Canada - Citizenship n immigration of Canada recognized us as common-law...

JohnBM - not when I sent forms to Kentucky.....nothing was asked regarding marriage.....only work experience and educational background....for DV...you actually show proof of all documentation only at interview...when u appply for lottery or send forms to Kentucky...it's basically just filling forms...they do not ask any other documentations.....

[JohnBM 0]

Aquamarinebeach,

Out of curiosity, have you heard of anyone with just common-law who has successfully obtained Green Card for both spouses?

P.S. I found this information on the Belize US embassy website(http://belize.usembassy.gov/diversity_visa.html); in the FAQ, you will read this:

What about a common law marriage?

Applicants should include their spouse and ALL children on the lottery registration, regardless of whether they intend to immigrate. Applicants should list their legal spouse, even if they are separated and plan to divorce. Applicants with common law spouses should also list their common law spouse. In order to immigrate, the applicant would need to be legally married to their spouse. Such legal marriage may take place after the applicant registers for the Diversity Visa Lottery.

[aquamarinebeach 1]

As per the above - it seems common-law is common in Belize - but they still need to get legally married to immigrate. Nope, dont know anyone who immigrated with common-law...the only case where I can see this happening is if one person is US citizen and then gets married to a foeigner in a US state that has common-law..but even then...since immigration follows National US laws...they would probably still require legal marriage.

The only thing I think common-law does is it allows you to show you were a couple when you started the US immigration application..e.g when you enterd the Diversity lottery - as below under US laws

“What is a "Spouse"?

A spouse is a legally wedded husband or wife.

* Merely living together does not qualify a marriage for immigration.

* Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.

* In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

* Same-sex marriages are not recognized by immigration law for the purpose of immigrating to the U.S.”

[JohnBM 0]

Aquamarinebeach,

Based on what I read, Montreal may be a busy place. My case # is kind of high, will become current in July. Would you suggest me to switch back to AOS since I am in US. I may be running into the same issues you are facing and at that time, I will only have little time before the end of September.

[aquamarinebeach 1]

r u common-law too or r u legally married? I think AOS is better for you...coz DV2011 lottery visa can only be activated till September 2011..if for Montreal places you in AP just like me in July....then by the time your case comes out of Ap it will be too late...it seems AP can sometimes be a bit of a black hole....specially for males with muslim names....there are cases on the web where people stay in AP for more than 1 or 2 years...

I am hoping that whoever is looking at my file does so in a timely manner....I got lucky to have a low number....and to think I was thinking of postponing my interview....good thing I did not....but then you never know...even if you went to Montreal and got a different consular officer who is more understanding....sometimes it's just a question of luck....

What was your application like...u applied together too...and u r common law...or u r common law and u applied as single and are now adding your spouse....?

[Kathryn41 3,205]

Also the second thing I found weird was the way he was referring to everything categorically according to US laws...for e.g. saying categorically that the US does not recognize a common-law marriage....I mean come on....given that he works in Canada.....where common-law is legally recognized....and given that he is bound to come across different types of marriages especially when it comes to Diversity lottery applicants (i.e. mostly originating from countries with legal systems that are vastly different from those of the USA) - i.e. some countries only have religious weddings, some countries have same sex marriages.....and obviously when these people get married they are not concerned whether the USA recognizes their marriage or not.

I did want to address this issue as it is one you should get used to. Many Canadians get a rude awakening when they realize how different things are in the US. Even though we are very close neighbours we are two distinctly different countries.

You are applying to live in the US. The US is a foreign country. It is not Canada. It does have its own rules and laws which are different than Canada's. You are speaking to an American evaluating you based upon the legal criteria of America. The Consulate employee does not work with Canadian laws. He works with US legislation. Why would he evaluate you based upon Canadian laws since they do not apply in the US? Of course he is going to be referring to everything according to US law. There is an intersection between what is allowable in Canada and how it translates into the US, but ultimately, it will be what is acceptable in the US that will determine the ultimate decision.

If you were applying to enter the US and had 5 wives because it is allowed in your country of Nationality, would you expect the US to follow the laws of your country and allow you to have 5 wives in the US even though it is against US law? Of course not. The US official needs to compare your situation to make sure it is allowed under US law and that the unique circumstances you face (and because there are very few DV lottery applicants from Canada since Canadians are not eligible) you can appreciate he is taking the time to find out the correct information. You have taken the steps necessary to qualify as a married couple in the US as well as in Canada so once the careful examination of all of the facts is finished you should be alright. Just don't be so surprised that a US government official is following US laws for a US immigration benefit.

Edited December 5, 2010 by Kathryn41

[coraliesolms 47]

Yes, this is a tricky one. Especially because Mtl would not have to deal with too many visa lottery winners. That being said, at least you werent out right denied at the interview, and perhaps it is a good thing that they are taking the time to research it!

I know its frustrating to wait this long, but stay positive!