A friend, Matina K, has suggested that some might benefit from a post about how to handle the situation when you have entered as single and want to get married at various points along the DV process.
Firstly, I should explain that the marital status question in the eDV entry is one of the critical questions on the form – a mistake on your marital status can (and typically does) cause disqualification – even if the mistake was innocuous/innocent. Some people, for instance, choose “legally separated” when they are in fact, married, but separated. Unless a separation is legally recorded (typically by a court) then you cannot claim to be separated. Similarly, if you enter married because you plan/expect to be married before the results are announced, that can also cause disqualification. It is essential that you take this question seriously and literally.
OK so what do you do if you are planning to get married before the results are announced OR you are selected and then realize that you want to take your boyfriend/girlfriend/partner. The process depends on the exact timing, between the original entry/registration (October), result announcement (May 1), your interview date (after October, according to when you are current) and the end of the DV year (September 30).
By the way, these comments relate to opposite sex, or same sex relationships. Since the repeal of DOMA the federal government has recognized same sex couples have the same rights for immigration benefit as opposite sex couples. US immigration law therefore respects marriage based on the laws and customs that govern in the place where the marriage was performed. If a marriage is considered legal in the place where it was performed then US immigration law treats the marriage as lawful. I will refer to your boyfriend/girlfriend/partner/fiancé all as partner from now on in this article.
Entry of an unmarried couple in DV lottery
First of all, if you are unmarried you cannot list your partner as a spouse. You can of course both enter the lottery and if either one wins then they have the option of marrying to confer the benefit of a visa (and then Green Card) on the other. Just be aware that each principal selectee (winner) has to meet the requirements in their own right (regarding). Whilst married couples can benefit from cross charging to a spouse’s country (if their own country is ineligible) that option is NOT available to single entrants that later marry. If you are unmarried but have children then both entries should include the children as derivatives.
Scenario 1: Marriage after registration, but before the results are announced.
This one is “easy”. Life happens, you don’t put your life on hold simply because you entered the DV lottery. So – you got married, then you found out you were selected so you simply fill in the DS260 as a married couple. There will be some “normal” scrutiny of the marriage – even people who have been married years have been lightly questioned about the marriage in DV interviews. Marriage prior to selection may get similar interest – and if you want to be extra prepared then take some proof of the marriage as I will describe below.
Scenario 2: Marriage after registration, and after the results are announced, but prior to interview.
OK – there is nothing wrong with this if the relationship is real. In fact it is absolutely the sensible thing to do in some cases as I will describe shortly. However, winning the DV lottery is a huge opportunity and there are plenty of people that have tried to manipulate the system to obtain two Green Cards based on a “sham” marriage. It is therefore up to the couple to demonstrate the genuine nature of the marriage and, especially in countries where fraud is more common, the couple should be prepared for extensive and deep scrutiny of the marriage. People have been prosecuted for immigration fraud based on sham marriages – so please don’t even consider that!
If you have plans to marry shortly after the announcement of the results, you may decide to hold back submission of your DS260 until you have married, so that you can include your spouse on the first submission of the forms. However, if you have already submitted your DS260 and marry while you are waiting for interview, you can request KCC to unlock your form (email is best) and then modify your DS260 to include your new spouse (including modifying your own entry to reflect your new marital status). In the email requesting the form unlocking, I would suggest including a scan of the marriage certificate which will be added to your KCC file (later sent to the embassy or Field office if doing adjustment of status).
If the marriage happens after the case has been passed to the embassy for a scheduled interview, you should still inform KCC as a precaution BUT your actual approach is to handle the change direct with the embassy. Some embassies are relaxed about who attends the interviews, others are very UNrelaxed – so in some cases you will have to contact the embassy or ask KCC to contact them on your behalf to get your spouse added to the interview schedule.
Scenario 3: Marriage after interview, before entry to the USA, and before the end of the year.
OK – you like to live on the edge don’t ya! This is still technically possible, but unwise. The process involves approaching the embassy that handled your case. However, this is a highly risky strategy as the embassy may not understand the rules, you might time out, visas may be exhausted and so on. The MUCH more preferable option is to bring forward the date of your marriage before the interview.
Scenario 4: Marriage after interview, after entry into the USA but before the end of the DV year (September 30th).
OK – this is rare, so rare that I am not even sure this would be technically possible/legal. If you have created this mess you may be able to process a derivative case but this would be highly risky since they would rightly wonder why you hadn’t handled this earlier (i.e. causing them severe doubt that the relationship is real).
Scenario 5: Marriage after the end of the year
This one no longer falls under DV lottery rules – a normal immigration process would need to be followed which is slower and more expensive.
Proof of relationship.
How can you prove your relationship is genuine and not just a sham to take advantage of a DV lottery win. Basically this is a matter of demonstrating your life together and the big events with documentary evidence. This can include the following suggestions.:
- Photos/Emails/Joint bills from the period of time before the marriage.
- Photos or other evidence from the wedding ceremony itself.
- Joint financial documents such as shared bank accounts.
- Knowledge of each other, your extended families and so on.
Get your thinking cap on – the burden is on you to prove the marriage is real. If there is doubt in the mind of the CO he/she is entitled to deny your visa with no appeal process (in consular processing cases).
Thank you to Matina for the suggestion on this topic – as usual, feel free to ask questions/comment on this article, check out my other posts and subscribe to my blog to be notified as I publish further articles.
DV lottery
March 2, 2019 at 19:32
I entered an incorrect marriage status – stated “married” when only living together. Will I be disqualified?
March 2, 2019 at 22:38
Possibly. In previous years this wasn’t such a problem, but for DV2019 they clarified the rules making that error more serious. However, disqualification is possible, not certain.
March 12, 2019 at 15:30
Hi Simon, thank you for this informative blog!
My partner and I will be getting married this weekend. His interview is in early April, we have brought our wedding date forward to make sure we are married before the interview.
We will only have the abridged marriage certificate at the interview, as the unabridged may take up to three months to get from home affairs. Will this be an issue?
March 12, 2019 at 22:59
I don’t know – it varies by country. The bigger issue is adding you to the case. As he is already scheduled you have left that VERY late. What is your plan about that?
March 19, 2019 at 07:25
What if someone attends DV Interview and is pregnant, then puts to birth few days after the interview before departure to USA.
March 19, 2019 at 13:40
There is a FAQ article for that.
April 3, 2019 at 14:02
hi simon greeting, I win dv lottery in 2019 and got second letter this month. I did coat marriage before dv result was published. we do not have photographs of weeding but we have lots of photos since last 7 years because we are in relationship since that time. what will happen in such a case? should i submit my policy indicating my wife as a beneficiaries, ?
April 3, 2019 at 15:48
So you submitted your DS260 as married – right? In that case just take whatever proof you can think of.
April 4, 2019 at 04:37
thank you
April 9, 2019 at 11:53
Brit, how are you?
I’ve made a comment a few days ago about scenario 3 but I don’t see it; not sure if I’ve done it correctly.
Kind regards.
Tomas.
April 9, 2019 at 12:04
Brit, it seems like I’ve done it incorrectly the first time. I’m sorry. Here it goes again:
I’ve passed my interview a week ago and, thank god, everything went fine but, because of fear and ignorance, I didin’t marry my girlfriend (Which I was about to do before the visa interview), who I’ve been with for 7 years so far.
The situation is that, we didn’t know that the green card for marriage process is taking between 2 and 3 years (We thought it was much faster) and, as I’m in the scenario 3 (Not in the US and the fiscal period is not over), I wanted to know if there is actually any process that we can do right now so we don’t have to wait 2/3 years not together (For example marrying and going to the embassy telling the situation and asking for help).
Thank you very much for your support.
Tomas.
April 9, 2019 at 14:04
https://britsimonsays.com/ask-questions/comment-page-318/#comment-174452
April 13, 2019 at 06:16
If CO he/she is entitled to deny my wife visa with no appeal process then what can I do for the next?
April 13, 2019 at 14:41
Have you been interviewed – what happened?
April 18, 2019 at 18:36
Hi Simon, I have a question that I hope you can help me with it.
A little background: I had been on a F1 visa for the past 5 years and had just moved back to my hometown Taiwan last August. My girlfriend has been living in Taiwan her whole life. We met 3 years ago when I came back to Taiwan for summer and ever since then we have been in a long distant relationship.
My girlfriend was selected for DV2019 and her number is AS13XXX. We haven’t submitted the DS-260 as we were waiting to submit it after we get married. We were hoping that the same sex marriage law in Taiwan would pass by now but it seems like same sex marriage won’t be legalized until May 24th. We are a bit nervous that submitting DS-260 by the end of May will be too late but also don’t know if having her submit her DS-260 form as single NOW and email KCC to unlock right after we get married around the end of May would be better. What is your suggestion?
Thanks in advance!
April 19, 2019 at 01:35
If you are truly a couple, then go somewhere where same sex marriage is legal already and get married asap.
Otherwise she will probably need to submit sooner that the end of May because this year is going to be crazy in the final months.
April 20, 2019 at 11:19
Hi Simon, thank you for your prompt reply.
We are not able to travel to anywhere that same sex marriage is legal now due to personal reasons.
I guess this leaves us only two choices? Either we get married by end of May and submit DS-260 right after or my girlfriend submit her form now and unlock it when we get married by end of May.
Which is better?
Another question is that, if VB number for Asia turns out to be current for July (announcing by next month) and we have not submit DS-260, does that mean we are out of the game?
Thank you!!
April 20, 2019 at 16:08
You know the choices, I cannot say one is better than the other.
No – that would not put you out of the game.
Please number questions in future.
April 21, 2019 at 05:54
Noted! Thanks again for the input, Simon!
May 8, 2019 at 05:42
Hi Simon, Hope this finds you well.
As the results for DV2020 I found out that i was Selected. I am however still planning on getting married. Should i submit the DS260 form as Single and can i inform KCC later about the marriage or should i 1st get married and then submit the DS260 knowing that my interview might be later?
The reason for being so sceptic is that i saw the following on the travel.state.gov website:
“Important note: If you had a spouse or children prior to submitting your original entry, but you did not include them on your original entry form, then your case will be disqualified at the time of your visa interview. Neither you nor any of your family members will receive visas. For more information, see the DV Instructions.”
I am not sure what they refer to as the entry form but is this satement saying that if i dont add my spouse to the DS260 and get married afterwards i would be disqualified?
Thanks
Zelton
May 8, 2019 at 16:08
Did you read the article above???? Please do so. It is clearly OK to marry after the result *IF* the marriage is genuine (i.e. for genuine reasons). There is no need to rush to complete the DS260. Nothing will happen for at least 6 months, and some cases won’t be interviewed until 18 months from now.
May 9, 2019 at 21:58
Receive my warm regards. Appreciation for what you are doing for us. Special thanks for this marriage corner. My particular case is thus;
I had my traditional marriage since 2010, nothing elaborate, just payment of bride price, we had no pictures.
Civil wedding in 2013, lots of pictures.
No white wedding yet.
So basically, I only have pictures of my civil wedding as evidence of my marriage, alongside few pics of the relationship before marriage.
Do you think this will be satisfactory evidence to the CO? I will probably be getting an August interview by my estimation.
Thanks. Looking forward to a reaction
May 9, 2019 at 23:25
Maybe. Get legally married.
May 13, 2019 at 06:47
I am legally married since 2013, I’ve just not done the white wedding yet, do u think pictures of this court wedding will be satisfactory proof of marriage to the CO? We have two kids together
May 13, 2019 at 14:08
Along with legal documents, yes.
May 10, 2019 at 06:40
Hi simon
Greetings!
I have some background too. I met my girlfriend some 3 years ago. Since then, we have been in a hardcore love relation. We had a plan to marry next year because she has not finished her study yet and I am working abroad. Our entire relation is long distance relation, we have met few times but we don’t have much photos together. We have plenty of calls and message on Facebook messenger and viber, I don’t know if they are considered as the genuine evidence or not.
Now, my girlfriend got selected for DV 2020. what do you suggest me to do? should I marry her promptly and submit document together in DS206 as a married couple ?
Or let her go alone as single and get married after some years and apply afterwards. I heard this process is very long and I don’t want to wait that long.
Please drop your opinion. I will be looking forward to hearing from you.
May 10, 2019 at 21:17
The article above explains your options. As for what you should do – it’s up to you.
May 11, 2019 at 14:34
I want to be risk free !! Only thing i want to know is,do they disqualify just after applying or after interview?? If they disqualify just looking on the document only or they give to face us the interview? I can prove our relation if i can give an interview but if they disqualify without any interview, why do i risk this opportunity!!
PS: i would have my genuine marriage certificate and all other necessary documents!
What do you think?
I wanted to know your opinion, please don’t get annoyed!
May 11, 2019 at 15:33
In your case there is no such thing as “risk free.”
It would be “easier” and “less risky” if you lived together, had joint bills, the same address to prove the relationship is real.
Once you’ve been selected for further processing, they won’t “disqualify” you before the interview. The only thing they really need is a legitimate documentation that you two are legally married.
You’ve been doing long distance relationship for 3+ years, so you first have to prove that the relationship is real. In that case you need receipts of travel to see each other (flight tickets, train tickets, hotels, etc.) You’ll also need to have a reasonable explanation why you have been doing long distance for 3 years.
They might ask your families how long they’ve known about you, etc. Phone calls, photos, etc. can help. (All that is written in the article above). The proof needs to be on paper. They take into consideration how you act when you are together, but they are looking for proof on paper that the relationship really has existed for the past 3 years. Anybody can act in love for a day for the interview. They know that, because it happens. So when you say that you can proof in person the relationship is real, that’s a tricky one. The proof needs to be on paper.
Those are the requirements now if you choose to get married and submit your info together on the DS260 and they are the same if she gets the green card first and you then get the green card through marriage later.
Nobody can tell you what to do or give you a recommendation, because none of us are US officials that are trained to make such a decision.
To help you two make a decision on this, research interview experiences and see what the experiences are of already married couples and couples who got married recently because of the green card lottery.
Also from what I’ve seen on this blog, Simon will not give you an explicit opinion/ recommendation on this topic. He will give you all the information he has (he’ll link his articles or tell you to read the FAQs), tell you to do your own research, evaluate the risk and make a decision based on all that information. He will also tell you to take your time, since processing of the first cases doesn’t start until October, and depending on your case number you might have even more time than that, meaning you don’t have to decide in the next few weeks on what to do. Obviously don’t wait a year to make the decision either…
May 11, 2019 at 16:54
“Also from what I’ve seen on this blog, Simon will not give you an explicit opinion/ recommendation on this topic. He will give you all the information he has (he’ll link his articles or tell you to read the FAQs), tell you to do your own research, evaluate the risk and make a decision based on all that information. He will also tell you to take your time, since processing of the first cases doesn’t start until October, and depending on your case number you might have even more time than that, meaning you don’t have to decide in the next few weeks on what to do. ”
LOLOL
May 13, 2019 at 00:56
Thank you Vivien for your kind reply and suggestion. Actually, this DV came out of nowhere and we totally have to change our entire plan, and on the other hand we don’t want to miss this opportunity, so I was really worried at first. But now I am absolutely clear about my situation and what should I do. I will take some time,think about it and apply DS 260. Thank you so much!
May 11, 2019 at 15:52
If you want a guarantee, buy a new washing machine.
People are not disqualified before the interview.
May 13, 2019 at 01:25
i was thinking of buying a new iron instead. That would be more cheap. 😛 😀
Thank you for the banter and suggestion.
May 11, 2019 at 03:09
Hai Simon ,
i have question regarding my marraige as well , my girlfriend is Nepali citizen and she won DV lotter , and i am Indian Citizen , we are planning to get married , and fill the ds 260 form as married couple , will be any issue as i am from different nationality . Please reply .
Thank you .
May 11, 2019 at 05:22
No. Not if the marriage is genuine.
August 8, 2019 at 20:01
Dear Brit There is any risk for 2NL ? if DS 260 Fill single( before) and editing DS form with married before the KCC mail (After).
Married is genuine( We can do proove our genuine relation at long time)
August 8, 2019 at 20:34
Always easier to do this BEFORE the 2NL.
May 11, 2019 at 09:12
Dear Simon,
I started to read your blog about 2 months ago, and just yesterday I got to know that I was selected for DV2020.
Your articles gave me so much confidence (as I had some doubts – I have marriage “case 2”).
Thank you very much.
May 11, 2019 at 15:19
Great. Many people prepare, assuming they will be selectees. Rarely someone is like you – and actually wins and already understands what to do. I hope your number is good.
May 12, 2019 at 09:04
It is below 3000 – from what I’ve read in your blog it seems that it is a very good number
May 12, 2019 at 09:17
EU region
May 12, 2019 at 13:35
Ahhh. Then yes. Very good.
May 12, 2019 at 13:35
Well possibly – but you should know that it is meaningless without a year/region.
May 13, 2019 at 15:02
Hello. My situation is a bit unique and I’d like to get your advice on this.
My boyfriend and I have both been selected for the DV lottery last week when results were announced. We both registered as singles originally, and when the results were announced, we both filled in the DS260 form and submitted it as singles immediately, after seeing instructions on the website to submit DS260 as quickly as possible.
Now we had made plans to get legally married this June. We have been in a relationship for 8 years.
In our situation, my boyfriend has a fairly good rank/case number (below 500) and I have a very high number for my region (Oceania-148X). Now we want to get married and have me listed as his spouse, so that we are able to get interviewed together, as also since my number is high there is chance I may not be scheduled for an interview at all.
So what are our options now? Least risky option? We have a lot of evidence to show for our 8year relationship. And even though we both won the lottery, we want me to go as spouse with him so that we can go together and also as there is good chance I may not get an interview at all.
Also, should I contact the KCC and explain the situation to them and get information on the proper process for this? Or will this hinder my boyfriends or my application in anyway?
Grateful for your help with this.
May 13, 2019 at 16:02
The article above explains it well.
Get married, change his application to add you. The end.
May 13, 2019 at 19:53
Is it worth calling the KCC to explain this? Or will it hinder our application in any ways?
May 13, 2019 at 20:55
No need. People live their lives which includes getting married and having kids. KCC already know that.
May 13, 2019 at 21:05
Thank you.
In your opinion, would KCC view this change as suspicious in any way which may not act in or favor?
May 16, 2019 at 12:04
after getting greencard if i have to comeback my country to attempt exams then whithin what time period i can come home to give exam and for what time i am able to stay there
please say i need this answer
May 16, 2019 at 16:54
Read the FAQ – there is an enytry about timelines of absences etc.
May 15, 2019 at 21:29
Hello Mr Brit
Thanks for you next to God, i get my visa i’m planing to get married with my girl friend before i go to usa Will it be a problem? but in my passport martial status says single. And i ask someone he say “if you say i’m single in your interview you must get to USA as a single person”. what do you say about it?
May 16, 2019 at 04:01
Read the article above…
May 16, 2019 at 11:51
Hi Simon, first of all thank you so much for providing this informative support, it’s such a great help! I was fortunate enough to win in the DV-2020 draw and have a case now. I recently got engaged to my girlfriend (4 year relationship) and we are scheduled to get married this summer. Based on your advice we will wait until after the wedding to submit the DS-260 and include her in the application. My main question is: How sensitive is the topic of surnames? We have to choose from 3 options now: 1) She adds my surname to hers as a double-name / 2) I take her last name and drop my surname that i initially applied with / 3) We both keep our own surnames and apply as married but with different names / From your experience, do you think one of these options is preferrable for the greencard process and interview? Do you see any issues in this regard? Thank you in advance Simon!
May 16, 2019 at 16:53
Your name choice is a life decision you both make. Whatever you decide you list it accurately on the DS260. It’s that simple.
May 17, 2019 at 17:50
Hi BritSimon, please I need your take into my situation. I am married DV2019 principal winner and we are living together as a family with my wife and kid. However we found out that our child really still needs special care with a speech therapist. My spouse has decided she will prefer staying back with the child until his speech improves. English is not our native language and a sudden change might further impact on the child. It might still take about 2 years or more. I went ahead and had my DS-260 unlock and have updated the information that I will be traveling alone.
A few days ago when I call the KCC to check if they have received my documents. They said that they have received them but they can notice you my family members’ DS-260 have not yet been filed. I explained that I will be traveling alone but I got the reply that I need to send them an email stating that I will no longer be traveling with my family EVEN THOUGH I HAD ALREADY FILED THAT INFORMATION IN MY DS-260. I have immediately send an email with the relevant information via the email address provides ([email protected])
My questions are as follow:
1) Can NOT traveling with family AFTER winning the lottery be a case for dismissal ?
2) Must my wife and kid submit DS-260 although we know that THEY NO LONGER WANT to travel to the US for now?
The (automatic) reply form KCC really got me confused :
Thank you for your inquiry.
For security purposes, KCC cannot reveal any information regarding your case if you cannot provide all the required information. Please provide the Principal Applicant’s information listed below.
In order for the Kentucky Consular Center to assist with inquiries regarding a specific Diversity Visa (DV) case, you must provide the Principal Applicant’s full name, complete case number, and date of birth in the following format (MMDDYYYY) as entered on the original entry. Please remember that the Kentucky Consular Center does not have the authority to tell you whether or not your specific case will be disqualified. Only a consular officer can do that at the time of your visa interview. Do not send any paper documents to the Kentucky Consular Center.
For additional information, please refer to the following websites:
etc etc etc
I look forward to your guidance. Please note I went through your FAQ with no clear answer. I am also aware that DV cases are much easier shot for familiy green cards but we have decided otherwise for reasons already specified.
May 17, 2019 at 20:41
1. No
2. No
May 17, 2019 at 21:04
You should also know that the reply ” for security purposes……. ” means u have entered wrong information, they have been giving me that same reply until I realized I was putting in the wrong date of birth, or was sending without a date of birth. If I were u I will check that too.
May 18, 2019 at 21:27
Hi Simon! Thank you for the article! It is very well explained and detailed. However I have a question: My boyfiend won DV Lottery 2020. We are planning to get married this summer. We have been in long distance relationship for a couple years. I have applied for a US student visa twice and got rejected. The most recent one is in March 2019. Will it be an issue if we get married and apply for a vd lottery visa? We never lived together, but have some photos and text messages.
Thanks in advance.
May 18, 2019 at 21:29
It has to be a genuine marriage, i.e. not just for the purposes of getting the Green Cards. So – if you do not plan to live together, that might be difficult to prove. It is up to you.
May 19, 2019 at 22:40
Thank you for your response. Yes, it is genuine marriage. We plan to live together in the US. If we send DS260 together will it be an issue for him? Can consular deny a visa based on my visa rejection?
May 19, 2019 at 12:27
Hi Mr.Brit,
I’ve just checked for my marriage certificate, and we just knew that our certificate’s date was wrongly recorded by the church admin.
Our actual Holy Matrimony was held in December 2017.
Our Holy Matrimony certificate’s recorded that our actual Holy Matrimony’s date: October 2017
Holy matrimony certificate’s issued date: December 2017.
At our marriage certificate from our country it was written: “on December 2017 a marriage was recorded between Mr.X with Ms.Y which is conducted in acceptance with a clergyman by Pastor X on date October 2017”
And at our DS260, we wrote that our marriage date was Dec 2017 (same as our marriage certificate recorded date).
In your opinion Mr.Brit,
1. Should we change our Holy Matrimony & Marriage Certificate’s date both to Dec 2017 (the actual
date)?
2. What marriage date should we fill in our DS260 form? Holy matrimony or Marriage recorded date
at our Marriage Certificate from our country?
3. If we should fill it with our Holy Matrimony’s date, since we’ve filled our DS260 form with the date
Dec’17, will it be a problem for us later?
Thank you for your time sir.
May 19, 2019 at 15:47
This is a NON PROBLEM. Don’t overthink this.
May 19, 2019 at 16:03
Ok then we’ll just let what is written on our form. Thank you Mr.Brit.
May 21, 2019 at 12:35
hi brit, my wife and i have been living together for 8yrs now blessed with two daughters but havent formalised a wedding yet and she got selected recently, my question is, she filled me as her spouse ,what your take on that,thank you
May 21, 2019 at 14:10
If she listed you as her spouse on the original entry, but you are not legally married, she could be disqualified at interview. The rules are clear, she broke them. However, if you want to gamble that you can be approved at the interview, you will certainly have to get married legally.
May 22, 2019 at 05:38
thanks alot BritSimon, will do that immediately, and also one more querry please, when it comes to the sponsor are the details needed upon filling the d260 or at the interview level and is the greencard delivered at the sponsor’s,thanks
May 22, 2019 at 15:35
On the DS260 you provide a US address, and that is where the GC will be sent. Your sponsor can be the person at that address OR someone else who fills in an I-134.
May 22, 2019 at 09:50
Hi Brit, im a lottery selectee dv2020 with my spouse and her case no is very low as compared to mine.we are planning to go for the interview together as couples and remember she is the principle member.we were discussing with her that after the interview i first go to US alone and arrange for them to come later.is this possible???
May 22, 2019 at 15:54
The principal must enter BEFORE or WITH the derivatives.
May 23, 2019 at 12:00
Hi Simon,
Many thanks again for the good work.
I did a traditional wedding in 2012 and live with my wife since and our 3 children.
The traditional marriage is a big ceremony and the bride price was paid. But the traditional marriage has no marriage certificate.
Kindly assist with this:
In the DS260 should I fill the date of our traditional marriage or should we do a civil marriage which we have scheduled and enter the date of the civil marriage since the civil marriage will have a certificate to show.
If we enter the date of the civil marriage certificate, does it affect the legality of the traditional marriage which is the basis I used to enter my wife as a spouse during the DV application in October.
All our 3 children each have their birth certificates with both our names.
Kindly advise.
Thanks Man.
May 23, 2019 at 18:06
Have a civil marriage before the interview and take proof of both weddings.
May 24, 2019 at 08:29
Thank you again!
May 24, 2019 at 16:40
Kindly advise which date to enter in the DS260.
Traditional or civil wedding date.
Traditional one, the evidence is only photos.
The civil one will have a date on the certificate.
Thanks Man
May 24, 2019 at 19:47
Choose for yourself depending on laws in your country (i.e. whether the traditional marriage has legal standing in your country or not).
May 25, 2019 at 06:36
Thanks…
May 25, 2019 at 20:39
Hi Simon, many thanks for your hard work.
I’m a Dv 2019 winner. My interview is scheduled to be on mid July, my fiance is a green card holder and we are planning to get married next month (before my interview). A bit similar to Scenario 2, but we are not trying to obtain 2 green cards as he already has one.
Is it OK to just send an email to kcc to unlock my application and add it up? And should he attend the interview with me? Please advise!
May 25, 2019 at 20:54
Don’t unlock. Just inform them at the interview that you married (or email them prior if you like). He does not need to attend the interview.
May 27, 2019 at 17:15
Hi Simon, thanks for your work and all the information you provide about DV on your website.
I have been selected at the DV2020 as single. Now i’m considering to marry my girlfriend to bring her with me.
We are both French, but my girlfriend had been adopted and were born in Vietnam which is not an eligible country.
Will that prevent her from having the GC ? Thanks for your help.
Regards
May 27, 2019 at 21:14
No problem.
August 1, 2019 at 21:43
Hi Simon, greetings I’m a principal member of 2020 lottery, I played as couple without a child but we are legally married, but my wife is pregnant, wish to know if they will disqualify us because this.
August 1, 2019 at 22:02
No problem.
June 1, 2019 at 13:11
Hello,Brit! Thank you for the blog and the answers!
I have some questions to ask and I hope to give me some advise.
1. I won the lottery for the green card and im from Bulgaria but my boyfriend is from Italy so he is not bulgarian citizen. Do you think that this would be a problem if we get married,becouse i would like to take him with me.
2. Becouse he were in USA 3 years ago. But when the visa expired he stayed there few months longer and thats why they didnt give him a new one. Do you think that they would let him in if he is married to me ?
Thank you in advance and im sorry for my english skills.
June 1, 2019 at 13:44
1. No problen.
2. He should be OK.He might have had a 3 year bar, but that will be over now.
June 2, 2019 at 10:13
Thank you!!!
June 2, 2019 at 10:43
Hi again Brit!
It turns out that the problem with his visa happened on 27.05.2017,not 2016,so its less that 3 years. What do you suggest me to do ? Thanks a lot!
June 2, 2019 at 14:54
It isn’t a problem with his visa. He deliberately overstayed. Don’t get confused, or fail to take responsibility for that.
You need to be clear about dates. If he overstayed over 6 months (but less than a year), he will have a 3 year bar. You could delay your process so that the interview is after that 3 years.
June 7, 2019 at 13:17
Hello,
My name is ALEXIS,
I have been selected for further processing in the Diversity Immigrant Visa Program for the fiscal year 2020.
My Case Number is: 2020AF00047***
My Question is:
I have a wife with 2 kids and now she is pregnant, we are prepearing to receive a baby between October and November. Is it possible to fill the DS-260 form before my wife deliver a baby?
Thank you
June 7, 2019 at 15:05
There is no need to do that. This process will take a year, so wait until the baby is born and then submit the DS260. There is no downside of doing that.
June 10, 2019 at 19:15
Hi, thanks so much for the blog it’s so helpful.
My name is James, I’m currently in USA under OPT STEM which expire August and I plan to go home immediately.My girlfriend is in Tanzania she was selected for the green card 2020, and we were thinking of getting married when I go back. The thing is that our relationship is not over years now we did meet in December when I went to visit and we started dating. It’s abit hard to get parents involved cause she is a Muslim and I’m a Christian and she is forbidden to marry a Christian.
We were thinking of getting married at the court and don’t involve the parents as soon as I go back. That means we can’t really stay together when we are Tanzania. But we plan to stay together in USA.
I won’t want to make her disqualified if we do this. Is the certificate alone enough? And WhatsApp text and pictures?
June 10, 2019 at 20:38
A case based on what you have described would be very risky, as it would be hard to prove the relationship is real.
June 11, 2019 at 04:17
Hi Brits,
My question is a bit different and sensitive, please reply me like you always do for all other people.
Just a brief history.
From childhood I had my friend who later became my boyfriend.
Due to kiddish reasons, we broke up.
That’s the time I messed up too and in the process I accepted another guy way too older than me (12 years older)
Even when I didn’t know much of his background, he convinced me into doing a civil marriage with him.
After 2 months together, a lady started calling me( the wife at home) telling me his her husband, they’ve lived together for so long and have kids too …
To cut the long story short, I realised he was a liar and dishonest. Everything the lady said was true.
I got so angry, and definitely left him.
With the help of my family, I immediately left the country, furthered my education instead.
Thank God my first boyfriend and I reconciled and are together till now.
We live together but not yet officially married. ( We were planning to marry next year in August after I clear my divorce paperwork)
Now all plans are changing because we found out I won the 2020 lottery and I don’t want to miss out on this great opportunity.
While applying initially, I put marital status as (Single)
The results came out while I’m processing my divorce/annulment papers, very soon I will have the legal documents with me.
Now these are my 3 questions
1. Last year I applied for a B1/B2 visa to go attend a convention but it was refused because I have relatives in the US. Consular said they are against chain immigration and because of my relatives no visa. But while filling DS 160 I included that I’m married. So will that affect my DV visa?
2. In my DS 260, I put single just like in my initial E-DV application. I submitted it already. Do you think, what I filled in my DS 160 will be reviewed and they see the difference in marital status?
3. Will that affect my issuance of my DV visa?
4. I would love to marry my childhood sweetheart, we have lots of evidence together, can I still do it ? Or there’s so much drama right now about my case that marrying him will make things worse??
Kindly advise me Please.
Thank you very much
June 11, 2019 at 12:39
You need to forget about the DV lottery win. You lied on the initial entry and now you lied on the DS260 – that is a serious offence, and they have the proof you are lying. Disqualification is certain, so you need to stop the process to avoid getting further legal troubles. You cannot withdraw the DS260 – so just don’t ever respond to their requests for documents.
June 18, 2019 at 10:02
Hello Brit,
Thanks for your helpful blog.
My wife has submitted DS260 for DV lottery 2020 with listing husband and other 3 children and please kindly answer to your best to my concerns below.
1. We just requested local commune to make our marriage certificate after we found something wrong with date of births of both of us in the previous marriage certificate after we already submitted our DS260. Is it acceptable or useful to show the new marriage certificate or just bring both to proof our marriage? What other options if you could recommend us?
2. She just realized that she has 2 original birth certificates (it happened when her father made a second one which was different in terms of day, month and lower year) in order to be get specific amount of rice on a monthly basis for her as a daughter as he is a soldier). The first birth certificate used with her high school certificate and also with university degree which had a different date of birth comparing with the second birth certificate and kept that date of birth without changing for only academic studies. The order civil documents used with the second birth certificate with different date of birth comparing with the first one. She always uses the second one permanently right now. For DS260, she filled the date of birth according to (her birth certificate 2) as well other ID card and residential book. The only thing different is her academic date of birth record; however, she already requested the local authority to certify that her name with the two different dates of birth is the same person. Is it acceptable for this case? Is it acceptable to bring the first birth certificate along with to show the consular in the interview to proof that she really own her high school diploma? what is your advice for her to proof more? she also plans to ask for her employment certificate in addition to her high school certificate to show during the interview. Please advise her case to your best.
3. Her case number is 2020AS6xxx and submitted DS 260 in mid of May 2019. From your understanding, when will be the possible date of the 2NL and interview?
4. Do we really need a sponsor in addition to proofing our assets during the interview regarding public charge as there seems not required to have a sponsor in DV2020?
Thanks for your response in advance.
June 18, 2019 at 16:21
1. You will need to show a valid marriage certificate.
2. I really don’t know what to say. Apparently documents are not trustworthy in your country – so I have no idea what you should do…
3. Early 2020.
4. Read the FAQ.
June 18, 2019 at 23:30
Thanks for your reply, Brit. Just want to clarify a bit more if I understand your answers correctly.
1. A valid marriage certificate, is it the second one we just requested from local authority in this June 2019? Will it okay for the recent date issuance on the certificate while the dates of DS260 submission as well as other 3 children dates of birth before the marriage certificate?
2. Yes, we are concerning about that too. We plan just to show the second birth certificate (forget the first one) which best matches the information submitted DS 260. Will it be more helpful rather than showing the consular the two certificates?
Appreciate your response. Regards
June 18, 2019 at 23:35
Honestly – I think I have covered what I can. You need to use your own judgement to give yourself the best chance.
June 19, 2019 at 01:05
Thanks so much, Brit. Appreciate your quick reply and support always.
June 19, 2019 at 10:44
Dear Brit
I am case number 2019af29xxx .
My interview is August .
I just got married on 7th of June .Please advise me what to do .I seriously need your help and advice .I filled my ds260 as single
June 19, 2019 at 14:10
Why on earth did you leave it so late???
If you are already scheduled, you need to contact the embassy.
June 19, 2019 at 15:51
Not yet schedule but i think my interview is August . Submitted documents 8th May and confirm 10th May.
June 19, 2019 at 16:06
You could contact KCC, but they will probably say to contact the embassy once you are scheduled.
June 25, 2019 at 18:11
Hi Sir
I am the winner of DV 2019,
I am resident of Afghanistan i got married early after submitted DS 260 year ago to a lady whom lost her husband in a army, fight with Taliban here two year ago in one of the province in Afghanistan she had two childs already i am already submitted as single already interview schedueld whats should i do i need your help to instruct me can i put them follow join or can took them to the intervew as medical exam still not taken i have an appointment for medical examination coming days
June 25, 2019 at 20:05
You should have updated your DS260 according to the instructions shown in the article above. Now you have been scheduled you have made it harder. Contact the embassy and ask them if you can add your spouse and step children.
June 26, 2019 at 05:00
Sir,
Exactly it makes harder for me too. as we had just traditional wedding making marriage certificate will took long time to be used from the court and then translated into English language and i have a very less days ahead of interview
June 30, 2019 at 11:30
Hello sir, thanks so much for this platform. I’m a green card holder, been living in the US for 3 years now. My Fiancé is in the US too. He has a social security and work permit but is neither a citizen nor green card holder. We plan on getting married soon, so my question is , can I petition for my fiancé to have a green card as a green card holder or must I become a citizen first. Thanks
June 30, 2019 at 16:31
LPRs can sponsor spouses for Green Cards.
July 3, 2019 at 15:28
Hi Britsimons after your visa has been approved what next? Yesterday I went through the interview and my visa was approved.
July 3, 2019 at 18:04
Now you wait for the visa.
July 3, 2019 at 06:48
hello mr Brit thank you already for everything you do to guide people in the context of the Dv I have a problem my husband had the dv lottery 2020 when he played we did not get married but we lived together we know married June 29 but before meeting my husband I had a child who had not been recognized by his father (in his act the name of the father is empty) I said that we do not want to leave with the child we just want to leave two but since we want to fill the ds260, we do not know where to put the child my questions are as follows: 1- when he played he has no child is that if he filled the ds260 he puts a child who is my child that I had before the to know that will not disqualify him? 2- Is it that when the ds260 is filled in its part it puts that it does not have child and I put that I have a child because it is my child that I had before? 3- or the fact that being married means that my husband in his ds 260 he must put that he has a child and I too declare the same child ?? 4- The last question I have is whether there is a child recognition procedure that my husband has to do or how we are married. It ties him to the child. How to fill the ds260 at this time. about to fill the ds260.thanks in advance
July 3, 2019 at 17:06
When you married, your husband became step father to your child. That is enough for US immigration.
1. No problem.
2. He lists your child as his.
3. Correct.
4. No need to do anything else.
July 3, 2019 at 09:23
Hi sir,
As i got married with a widowed so when i filling DS-260 forms which option should select Married or widowed in the forms so she was windowed but become married
July 3, 2019 at 17:47
Married.
July 23, 2019 at 21:15
Hello Brit
Once more thank you for your kindness and intelligence. More outstanding being the spirit of the truth and honesty you have impacted into the life of many.Only God can reward you for spreading that particular part of the Gospel ,though not a Clergy.
Sir,my worry is ; What happens if one is processing as single due to the fact he is not legally married. But not withstanding he has a girlfriend with whom they have strong promises to get married and even a child has come into play. Now since the marriage is not yet legal,his processing shows single. So,since no one knows the questions that will be asked at the interview, what if they ask ; “You are not married ,but are you having a girlfriend and a child?”. And with honesty which I know is the best answer,one say yes. Will that pose any danger or denier of the visa?
With certainty that the two have agreed to legalised their union as initially planned and not to speed up things with mistakes which may even lead to loosing the opportunity .Thanks…….
July 23, 2019 at 21:30
You cannot include a girlfriend on your case without marrying her. BUT if the child was born before the DV entry you MUST have included the child on the entry, and you must mention the child in the DS260.
July 23, 2019 at 21:52
Thanks a lot Brit..
I was not even like asking of I should add them on my case because I know is not lawful.my only worry was just to be satisfied that if a question as such is been ask and one honestly answer yes he has a girlfriend and a child even though not added to the case because it is not lawful.that will not pose any problem to the case .?As for the child ,she was just born a few days ago .That is why neither her nor the mother could be mention anywhere …Once more thanks
July 24, 2019 at 00:20
So the principal should add the child on his own DS260.
July 24, 2019 at 05:34
Once more thanks Brit,,
Talking of adding the new born on the principal Ds260, the principal is a Dv 2019 and has finished processing all his documents. For now he only waits for the last batch of 2nl at the end of this month,knowing that Kcc can’t unlock the ds260 now.so is there any other way the principal can still mention the newly born child? The child is just a month and few weeks old.
Thanks
July 24, 2019 at 05:43
The child should have been added immediately. The only thing he can do now is contact the embassy once he is scheduled.
July 24, 2019 at 06:16
Thanks a lot Brit
July 24, 2019 at 06:23
Hi Brit,
Just to have a good knowledge of things, I hope the extend contacting the embassy once scheduled is to prepare a way for the child to take her with no stress when time come.? Since for now the child is still too small to travel without the mother.
July 24, 2019 at 06:26
**IF*** you have been honest about the child – yes no problem.
July 25, 2019 at 01:12
Hi Simon,
My fiance won the lottery and he recently recieved an email that says they have “completed processing DS-260 Diversity Visa application form and all accompanying family members.” and asking for documents such as police certificate and passport etc.
We are getting married in a few days because of this. My question is at this part of the process do we contact KCC(unlocking the forms, is it still possible now) or the embassy about adding me? As he has not be scheduled for an interview but his application has been processed.
Thank you!
July 27, 2019 at 01:14
DV2019 or DV2020????
July 27, 2019 at 06:30
Oh DV2020.
Thanks!
July 27, 2019 at 13:58
So marry first then he would unlock the forms, add you to his form, and create a DS260 for you. Then when asked for documents, he submits for both of you.
August 2, 2019 at 12:13
Hi Sir,
I had passed my interview well two weeks a ago in embassy as my marrige confirmed late while i was already scheduled for interview after the interview CO gave me yellow card requested Marriage certificate passport of spouse and step children i have completed the required documents they requested in yellow card but one thing i have to mentioned that they returned back my passport after the interview and said submit the documents for your spouse and step children so i am little confused so why they returned my passport so still we have two months till 30 sep 2019 are they be able to process my case and will issue the visa for my and my step children?
August 2, 2019 at 14:52
Is that possible? Yes
Will it work out in your case? I don’t know.
August 9, 2019 at 12:49
Hello Simon Sir :
if my edv +ds260 marital status was single and decide to marry Indian girl which is not in eligible country before interview so 1:according to your following statement can she become my derivative ?.((Whilst married couples can benefit from cross charging to a spouse’s country (if their own country is ineligible) that option is NOT available to single entrants that later marry. If you are unmarried but have children then both entries should include the children as derivatives.))
2:if my case is in 2020AS 80xx how much time I have to marry her and provide marriage certificate, photos?. I mean in how much months ?. thanks
August 9, 2019 at 14:55
1. You can marry and add her.
2. Sooner the better.
August 13, 2019 at 22:53
Hello My name is DatGreat before submitting my wife document can my wife used my last name on her passport?
August 14, 2019 at 01:48
If she has taken your name, yes.
August 17, 2019 at 11:46
Case: Marriage after interview, before entry to the USA, and before the end of the year.::
Hi Sir, I want to go via normal process though seeing article i found risky to go via dv process. Is it required to disclose the marital status before entry to usa. what should be done. advice needed.
August 17, 2019 at 20:47
The DV year is almost over. You can ask the embassy about adding a spouse, but there is probably not enough time. The best idea now is to sponsor your new spouse when you get to the USA.
August 30, 2019 at 12:18
Helo sir
I want a suggestion
DV 2020 winner
Principal applicant submitted ds-260 form as single on 12 June this year
And got married after a month case no lie As7k above .. what should I do??
August 30, 2019 at 14:07
Unlock the DS260 and add the spouse as soon as possible. It’s all described above.
September 2, 2019 at 11:40
Dear Simon,
Do you have more information/ideas about Scenario 4? My case is that I’ve been selected, had a successful interview, entered the states, and got married there. I know that it’s risky and complicated and maybe impossible, but do you have any suggestions about what can we do? Is there any chance that I can add my husband to my “case” or there is no way and we will have to apply for a family-based visa which is a totally different story and process? If the second option, is he eligable to enter the next DV lottery as married, or because I’m an LPR, his application will be denied?
Thank you for your answer and help!
September 2, 2019 at 17:50
THere is no time now to process anything like this for a DV2019 winner. You can sponsor your spouse via an I-130 process and he could enter the next lottery, but the I-130 would probably be faster, and more certain.
September 3, 2019 at 15:55
AF00002*** i stubbled on your blog a couple of hours ago because i had a few concerns was trying to check out infos online. Great job for your hlep
i have a rather complicated case cus i have already submitted documents asked by kcc but as a single and plan to get married at the end of this month.
My question is do i ask kcc to unblock my DS260’ form or at this point it up to the embassy . Please advise. Sorry for the borther
Just found out helpful infos on this site but i found out a late
September 3, 2019 at 15:58
Dv2020 to be precise
September 4, 2019 at 00:51
The article above tells you what to do. If you have been scheduled already then the embassy has your file.
September 4, 2019 at 16:07
Hello Simon, thank you for this post, it’s very useful.
I’m in Scenario 2, I wonder if this continues being valid for DV-2021?
September 5, 2019 at 01:41
Yes of course.
September 5, 2019 at 12:09
Hello Brit.My parents are not legally married.We are planning to apply for Dv 2021 .1.Should they get married right now before submitting?2. Will it disqualify us if we win? If so,They will get married and after that day i will submit for dv.
September 5, 2019 at 13:07
1. No need to do that. If either of them win – they can marry then. THey have proof of the relationship (you for a start). So there is no problem.
2. No
September 5, 2019 at 14:30
Okay,So Brit Im kindly asking you1. For instance In my fathers application will I add my mothers information? 2. Should they select married or unmarried? Thanks a lot for your help)
September 6, 2019 at 13:51
If they are unmarried at the time of entry they enter as two single people, each listing you, but not each other as derivatives.
September 7, 2019 at 11:30
Thanks a lot man.I hope it will not be a problem if we win.Take care
September 18, 2019 at 23:00
Hello sir,
thanks so much for your education on the dv lottery. I am not married but I have a child. Is there a space for such information when registering and will it lead to disqualification if I don’t state that?
September 18, 2019 at 23:18
You MUST list any eligible child or spouse. Being unmarried with a child is not a problem.
September 19, 2019 at 15:19
Thank you for the feedback
September 20, 2019 at 18:06
Hi Brit,
Thank you so much for this really helpful article. I have a short question just to make sure that I understood you correctly. For reference, I won the lottery for DV2020, and I got married this summer (engagement was in March and we have a lot of pictures). My husband is from a country that is not eligible for DV lottery. You write that “Whilst married couples can benefit from cross charging to a spouse’s country (if their own country is ineligible) that option is NOT available to single entrants that later marry.” Does that mean that my husband will not be able to apply as my family member?
Best,
Fari
September 20, 2019 at 23:01
No. Cross charging is to do with entering the DV lottery. In your case your spouse will be charged to your country.
September 22, 2019 at 03:44
If my partner gets drawn for the lottery, and then marry me before the interview then include me on the form, will I be eligible even though I was born from an ineligible country. I just dont get the cross charge comment you made about “that option is not available” to single entrants that later marry.
September 22, 2019 at 04:34
Yes you would be eligible as a derivative.
January 23, 2020 at 15:15
Hello Simon,
I’ve won in the DV Lottery 2020.
I filed the DS260 as single and have a 16k case number.
Now I want to marry my girlfriend because she should come with me to the USA.
Today I got the message, that my documents are checked and complete and will be sheduled for an interview.
Da date we marry is Februar 2nd. 2020.
What should I do?
Should I unlock the DS260 after marriage?
Should I unlock the DS260 now and wait until marriage?
Should I do nothing and go with her to Frankfurt without any changes on my DS260?
Thank you so far,
Patrick
January 23, 2020 at 20:55
Unlock before the wedding (i.e. now) – and resubmit with the changes and the new DS260 for your spouse as soon as possible.
October 1, 2019 at 11:38
Dear Brit,
Thank you for these clear information.
If my wife is pregnant at the time of registration and she gives birth before the results. How do I do ?
October 1, 2019 at 13:53
I have a FAQ entry about that. But first – get selected.