J1 visa issues

[saber10 0]

Hi all,

My wife got selected for DV 2017 lottery.

Now we have several issues:

1- I had a J1 visa several years ago. I have the 2 years HRR to fulfill. I came back a year ago but soon after that i got another J visa which I never used to enter the US due to job offer cancellation.

Now, is the new J visa which was never used gonna be an issue? what should we do? submit DV visa application since we are out of the country or file adjustment of status since we are technically on a J status?

When to expect an interview?

2- our daughters were born in the US, however, my wife listed them on her DV entry. are they required to submit application, pay fees and appear in the interview with us?

Thanks

[IcezMan_IcezLady 582]

Your daughters are not required to submit application because they are citizens already. Your wife's status will change to permanent resident after she goes thru the filing process to Adjust her status. Now, I don't know if it will apply to you also.

Wait for some more answers.

[SusieQQQ 11,586]

Hi all,

My wife got selected for DV 2017 lottery.

Now we have several issues:

1- I had a J1 visa several years ago. I have the 2 years HRR to fulfill. I came back a year ago but soon after that i got another J visa which I never used to enter the US due to job offer cancellation.

Now, is the new J visa which was never used gonna be an issue? what should we do? submit DV visa application since we are out of the country or file adjustment of status since we are technically on a J status?

When to expect an interview?

2- our daughters were born in the US, however, my wife listed them on her DV entry. are they required to submit application, pay fees and appear in the interview with us?

Thanks

It's no problem that your wife listed the kids (the instructions actually recommend to do that "just in case" there is some issue with them actually being citizens) but no you won't have to pay for them or get visas/green cards for them if you're citizens.

I'm not sure what you mean by you are technically on a J status if you are not in the US? You surely will only be on J status if you entered the US using that visa and are still there. If I understand correctly that you are all in your home country, all you have is an unused visa and you should submit DS260s to do consular processing. Depending on how much of your HRR is left and what the case number is (ie when you might interview) you may want to get a waiver on that, though if your case number is higher and your interview will be later you may not need to. You can also delay your interview by submitting the DS260 a bit late, but don't leave that too late, to be safe it should be submitted at least 4 months before the end of the fiscal year (sept) for time to be processed and scheduled for an interview.

Edited June 27, 2016 by SusieQQQ

[SusieQQQ 11,586]

It's no problem that your wife listed the kids (the instructions actually recommend to do that "just in case" there is some issue with them actually being citizens) but no you won't have to pay for them or get visas/green cards for them if you're citizens.

.

Too late to edit, typo, I obviously meant if they (the children) are citizens.

[saber10 0]

Your daughters are not required to submit application because they are citizens already. Your wife's status will change to permanent resident after she goes thru the filing process to Adjust her status. Now, I don't know if it will apply to you also.

Wait for some more answers.

Thanks a lot!

[saber10 0]

It's no problem that your wife listed the kids (the instructions actually recommend to do that "just in case" there is some issue with them actually being citizens) but no you won't have to pay for them or get visas/green cards for them if you're citizens.

I'm not sure what you mean by you are technically on a J status if you are not in the US? You surely will only be on J status if you entered the US using that visa and are still there. If I understand correctly that you are all in your home country, all you have is an unused visa and you should submit DS260s to do consular processing. Depending on how much of your HRR is left and what the case number is (ie when you might interview) you may want to get a waiver on that, though if your case number is higher and your interview will be later you may not need to. You can also delay your interview by submitting the DS260 a bit late, but don't leave that too late, to be safe it should be submitted at least 4 months before the end of the fiscal year (sept) for time to be processed and scheduled for an interview.

Thank you very much Susie.

Now, just to make sure I got it right. for the children issue, the CEAC lists all of us under my wife's CN. so we can just submit our visa applications and simply ignore the children names, right?

For the J1 visa issue, yes we are still in our home country and never used the new J visa. our CN is AF00001800. We have about 10 months left out of the HRR. based on these info, when should we submit our applications to avoid denial based on the HRR and not be too late either?

If it's gonna be problematic, Can my wife apply alone? then I follow later or something?

in the application they ask for the latest visa to US, should we mention the never used J visa or our previous visas?

and they ask about the HRR as well, should we mention it even if we hope the interview will be scheduled after we are done with it?

Sorry for the toooo many questions. your help is very much appreciated

[SusieQQQ 11,586]

Thank you very much Susie.

Now, just to make sure I got it right. for the children issue, the CEAC lists all of us under my wife's CN. so we can just submit our visa applications and simply ignore the children names, right?

For the J1 visa issue, yes we are still in our home country and never used the new J visa. our CN is AF00001800. We have about 10 months left out of the HRR. based on these info, when should we submit our applications to avoid denial based on the HRR and not be too late either?

If it's gonna be problematic, Can my wife apply alone? then I follow later or something?

in the application they ask for the latest visa to US, should we mention the never used J visa or our previous visas?

and they ask about the HRR as well, should we mention it even if we hope the interview will be scheduled after we are done with it?

Sorry for the toooo many questions. your help is very much appreciated

Yes, just submit DS260s for you and your wife. You may want to contact the embassy ahead of the interview (once it's scheduled) to tell them the childeen won't need visas. I'm not sure if you still can (or want) to take them to the interview. Do be sure to take copies of their birth certificates and/or US passports as proof of their citizenship though.

Check the instructions on the DS re the visa but I think if they are asking for visas granted then list it even if you never used it. And yes list the HRR if it's asked for if its still there at time of filling in the form (which it will be).

As for timing, that's a low number that would ordinarily probably be interviewed in October 2016 if you submitted your DS already. Remember all these numbers are only estimates, but my rule of thumb is to submit 4 months before you want an interview. So if you want an interview in April, submit in December. It may end up being a month either side. Even if you interview just before the HRR is up you don't have to leave immediately obviously so can still make it work, but ideally you'd want maximum flexibility on your visa.

Your wife technically can go alone but the process to subsequently sponsor a spouse of a permanent resident is significantly longer and more expensive (and she will have to show enough income to support both you and the children if she is the sponsor)- it's almost always a much better decision to use a DV visa if you have the option.