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Green Card - need clarification

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Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

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yamlan
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Location: London

Green Card - need clarification

Post by yamlan » Thu Sep 18, 2008 10:58 am

Hi,
I would like to confirm if the following statement means that my spouse must change nationality/passport to mine? What is the exact meaning of 'claim' here?

''First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse's country of birth provided both you and your spouse are on the selected entry ...''

Marco 72
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Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Re: Green Card - need clarification

Post by Marco 72 » Thu Sep 18, 2008 1:58 pm

yamlan wrote:I would like to confirm if the following statement means that my spouse must change nationality/passport to mine? What is the exact meaning of 'claim' here?
In plain English, it means you can both apply since your wife qualifies on her own. Nationalities and passports are completely irrelevant for the DV lottery. What matters is one's place of birth.

yamlan
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Joined: Wed Aug 16, 2006 2:30 pm
Location: London

Post by yamlan » Thu Sep 18, 2008 2:05 pm

We cannot both apply. His country is not eligible to apply so he will have to be on my application. And let's say I get the green card, then he can just come along with me to the US? Without having to do anything else? Is this right?

JAJ
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Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Fri Sep 19, 2008 12:22 am

yamlan wrote:We cannot both apply. His country is not eligible to apply so he will have to be on my application.
If you were born in an eligible territory:

- you can apply in your own right with him as your spouse; and
- he can register his and claim "chargeability" to your country of birth (with you included as his spouse).

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Mon Sep 29, 2008 6:37 pm

yamlan wrote:We cannot both apply. His country is not eligible to apply so he will have to be on my application.
Not true. You can both apply separately if you wish. He can claim chargeability to your country of birth:

http://www.americanlaw.com/lottery.html

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