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

[Flames9_RN 358]

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.

Well said!!

[aquamarinebeach 1]

Sorry guys, I posted my story quite quickly - I do know how different American laws are different from commonwealth Canada's laws - more so given the fact that I grew up in a commonwealth/francophone country....Also I have visited the US several times - so I am used to these types of questions....I was merely expressing the frustration that the consular officer had not gone through my documents submitted when he finally got to see me - after a whole day of waiting at the Montreal embassy....I guess I was just unlucky...I do realize not all consular officers do thier job the same - some are better than others...but I certainly understand he had to refer my file to Washington - my main gripe is if it's gonna take longer than 2 weeks then dont keep my passport - I cant go to somewhere warm for New year's and I do not want to ask for my passport back because it may delay the process even more - wishful thinking that they would realize that they have my passport and hopefully work faster...but I know that might not make a difference..

Anyways one point to mention - trust me there are many more Diversity lottery winners in Canada than you think. As a matter of fact, the day I was at the Montreal embassy, all the persons I talked to were there for DV2011.There were probably around 20 to 30 people there (including accompanying family members) I guess they schedule different days for different categories...makes sense...they would be more efficient and not get mixed up...for e.g when I did medicals...2 persons were there going the fiance route....and their interview in Montreal was one day before me.

For e.g in Toronto itself 1 out of every 2 person was born outside of Canada - hence is eligible for the DV lottery (since DV is based on where u were born, not on your passport)

Also, lots of people previously in the USA on work permits apply for Canadian PR (because it's relatively easier and quicker) and move to Canada when successful and then apply for DV. Met a couple of those at the embassy...

Also in Canada there r lots of people on work permit or student visa...that also apply for DV....

Lots of first generation immigrants in Canada, lots of foreigners, also for DV you can claim your parents' country of birth or your spouse's country of birth.

That results in quite a few DV applicants at Montreal. Add to that the number of people who are in the USA and choose to have their DV applications go through Montreal instead of seeking adjustment of status in the USA itself

Edited December 6, 2010 by aquamarinebeach

[JohnBM 0]

We are common-law too. We have been like that since 14 years and have 2 children. We have plenty of supporting material for common-law(religious wedding certificate, common tax filing, wedding pictures and video etc...) but this may not mean much legally.

Question: if AP going on for 1 to 2 years, DV lottery case will expire at the end of the fiscal year?

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....?