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
December 10, 2020 at 10:53 pm
Hi Brit, thanks for this useful article it’s helped me a lot so far. I won dv2021 and submitted my ds260 in August then after email from KCC I sent scans of required documents. I got married in November so I updated my ds260 and we also submitted my wife’s ds260. However I’m quite confused how procedure regarding her documents looks now – should I wait for email from KCC requesting her documents or should I just sent another email with her documents right now so KCC can attach them to my case number?
December 11, 2020 at 1:04 am
You should resend ALL documents – for both of you.
January 1, 2021 at 10:49 pm
Hello Simon,
happy new year 2021
my ex wife(then girlfriend) applied the 2016 dv lottery , we got married in Feb and in May when everyone else was checking on their case number when she checked she won that dv. we processed ds260 as married and got our visa and green cards later. but had issues and got divorced by US courts in 2018.
I traveled outside the US in this past October 2020 in my native country I figure out this week that I impregnated my new girlfriend (now fiancé) that I had planned to marry just after I get my citizenship October 2021(this year) for her to be able to join me in the US.
we may have our baby in September if everything goes as normal which is before I get my citizenship
now that she got pregnant Im stuck and confused about what to do to make it easier for her and my kid to join me
1) should I stick to my initial plan not to marry her until I get my citizenship (which is after November this year). let her have a baby and sponsor them after I get my citizenship ?
2) should I marry her right now before I return in the US and immediately apply for her to sponsor her through family reunification process which takes 2 years, and maybe adjust later by the time I get my citizenship?
3)if I choose option 2) this will not be a problem during my citizenship interview because before I was married when I immigrated to the US, I remember an immigration officer asked me this question during my interview”Will you divorce when you arrive in the US” and of course I responded ”no” because I had no intention to divorce but here we are I have divorced. will that be a problem?
4)should I marry her right now but not do anything until I get my citizenship this November 2021 then sponsor them later after I got my citizenship.
Thanks
January 2, 2021 at 3:37 pm
This is not a DV lottery question.
January 3, 2021 at 10:12 am
Hi Brit, Thankyou for all of your info. I have a DV 2020 visa. (September applicant) I’m up to date with your advice on travel until Biden advises. Another issue – I’ve since met someone that I want to join me in the US. She’d just be my partner (not bride). At this stage, because I’ve had the interview- do you think I couldn’t put her on my green card at such a late stage ( after the dv year?) if not do you have a link that I could go to in the future to apply for an partner immigrant visa? Would we need to be married? Any advice will help. Thankyou, I so appreciate what you’re doing for us all.
January 3, 2021 at 3:56 pm
Until you are married there is nothing you can do.
January 24, 2021 at 3:07 am
HI Brit,
This is about the 2021 DV program. When I was submitting the DS-260 application, I was single at the moment. But I am gonna get married next month. My interview has not scheduled yet (I hope it’s gonna take more few months. I didn’t get the email from the KCC yet.). So should I unlock my DS-260 application and change my Marital status or should I add the Applicant as a spouse to the APPLICANT INFORMATION? Please guide me to make these things right, that’s would be really helpful to us.
January 24, 2021 at 5:56 am
Why are you asking a question that is answered in the article above?
February 3, 2021 at 3:51 pm
Hi brit This is about dv lottery I was reading ur page with a friend who needed help .when she was playing the lottery she wrote married she is traditionally married only and when the lottery came out she made it and now they need a marriage certificate can she make the court wedding now and fill her ds260 form or she will be rejected
February 3, 2021 at 6:58 pm
It depends on the rules in her country. Getting legally married is wise to improve chances of approval.
March 2, 2021 at 8:41 pm
Hı Brit, i couldnt get my DV2020 visa yet,
i get married last month,
if we can get visa bu Judge Mehta or anyway what should i do? Can i apply Gr card for my wife too, or should i wait?
March 3, 2021 at 3:06 am
You have to wait until the Gomez case is finalized. April.
March 4, 2021 at 11:24 pm
Hi, brits,
last Wednesday I unlocked my DS-260 application and updated my marital status because 2nd of march I got married. so I updated spouse Information under the family section and submitted the DS-260 form. after that on the home page, on APPLICANT INFORMATION table I added applicant as a spouse and send it to review, but so far its been two days, and the application still under review, and 4th march I send an email to KCC and asked about that application, but they didn’t reply yet. I just wanna know its the process gonna take more time to add a spouse as an applicant?
March 5, 2021 at 5:01 pm
Be patient.
March 5, 2021 at 5:31 pm
Oh man I was about to post the exact same question/situation right now. Also waiting for my spouse’s addition to be ‘reviewed’ so we can fill in her DS-260. Thanks for the reassuring words and good luck @bhagyaperera!
March 6, 2021 at 11:48 am
Just a quick update – it just unlocked for my spouse!
March 6, 2021 at 3:40 pm
Cool.
March 8, 2021 at 12:59 pm
Dear Brit,
I’m Dv2021 winner with case no 2021AF20k (it’s current now as of April VB) and I’m planning to marry my girl friend in the next 1month (April 2021) but she had a previous traditional marriage with no legal certificate of marriage prior to we met each other and she had also 1 child from her previous relationship/marriage. my question is:
1. Since my CN is current now, can I unlock DS260 form now and add her to have another DS260 form for her to fill?
2. The child is 7 year old now and of course the child is living with her grand parents and she won’t travel with us, should I add her to the family member on DS260 form?, so what document is needed for her? birth certificate only or there are additional document?
3. Does my girl friend have to prepare a divorce certificate from her previous marriage, OR will KCC or Embassy ask for it in the future? in order to process the DS260 form and at the interview?
Thank you for the help in advance!
March 8, 2021 at 2:17 pm
1. You can only add her once you are married.
2. If you are certain that the child won’t emigrate, then you don’t need documents for her, just add her to both your forms (after marriage, not before).
3. According to the laws in your country, yes.
March 8, 2021 at 9:31 pm
Just one more thing I need to be clear, can I unlock the DS260 now even if my CN is current? and of course I will add her after marrying her.
March 9, 2021 at 4:43 am
You would have to explain why you want to unlock.
March 17, 2021 at 12:45 pm
Thank you for sharing all these informations! Question: Can requesting the unlock of D260 for adding my spouse cause delay in my case? For example: DS260 unmarried status submitting in May, marriage in August, DS260 unlock in August and adding my spouse. Is it gonna be a ‘new submitting date’ since I change some informations and submit again?
March 18, 2021 at 3:15 am
No
March 23, 2021 at 12:30 pm
Hi Britsimon, I live with my wife and 3kids. Our marriage is not legal and we are not married customarily either. I entered as unmarried and included our kids. Planning to legalize if selected. In Kenya, every marriage must be documented and ours in a cohabitation type of marriage. Will i be disqualified if I add her on form ds260?
March 24, 2021 at 5:35 am
You have to marry legally first and then you can add her safely.
March 24, 2021 at 3:08 pm
Hi Brit
Thanks for the article, very helpful! DV2021EU18k
My spouse applied as single for DV Lottery. Then she got selected, and we got married before filling DS260.
Now I am submitting documents to KCC, but have the following questions:
1- She applied with old passport, with maiden surname. After we got married, she changed her surname and got a new passport. Then she filled DS260 with new surname and new passport information. Now, should i send both the passports to KCC (the one she applied and the one she filled DS 260)?
2- I filled DS260 ( July 2020) with the passport expiring in August 2021. Now since we are close to the expiration date, i applied and have a new passport. Should I submit boll the passports as well?
Thanks a lot!
March 25, 2021 at 8:45 pm
1. Yes. The DS260 also had a space for the maiden name – so all should be clear.
2. Yes.
March 26, 2021 at 12:07 pm
I have not filled maiden name of my spouse in DS260. Does this affect my application? Or should i go to unlock DS 260 and update the information.
Thanks
March 27, 2021 at 7:53 pm
Yes update it.
March 25, 2021 at 6:37 pm
Helo berit
is there all of dv 2020
Immigrant Visas
Home | Visas | Immigrant Visas
Disruption to Immigrant Visa Processing in Abu Dhabi for Iranian Nationals
Due to entry regulations enforced by the Abu Dhabi authorities, the Immigrant Visa Unit at the U.S. Embassy in Abu Dhabi must cancel all immigrant visa appointments for Iranian nationals who are not UAE residents. Immigrant visa scheduling for Iranian nationals will continue when the authorities in Abu Dhabi relax entry regulations into the Abu Dhabi emirate. All Iranian applicants who had an appointment in April, May, and June will be contacted regarding the cancellation of their appointment.
Resumption of Limited, Routine Immigrant Visa Processing in Abu Dhabi
Effective immediately, we have increased the range of immigrant visa services available and resumed limited, routine immigrant visa interviews. Among immigrant visa applications, we will prioritize emergency cases and then Immediate Relative family members of U.S. citizens including intercountry adoptions, fiancé(e)s of U.S. citizens, and certain Special Immigrant Visa applications.
Immigrant visa applicants whose petitions remain valid and who were previously interviewed but refused visas due to P.P. 10014 and/or P.P. 9645 should contact us at AbuDhabiIV@state.gov. You must include your ABD case number in the subject line to get a response. We are currently experiencing a high-volume of inquiries and will review every inquiry in the order received. Multiple, identical inquiries will slow down case review and processing.
As we increase the range of our immigrant services available, we’ll be processing cases in the order that the National Visa Center determined the case to be “documentarily qualified.” When a case becomes documentarily qualified, the National Visa Center sends an email to notify you that it is complete and pending scheduling at the Embassy, so please review your past emails from the National Visa Center to determine what date your case became documentarily qualified. You may also check your CEAC account to find this date.
Diversity Visa 2020: Those holding diversity visas issued in 2020 that are still valid may seek entry to the United States immediately, despite the visa annotation, “Entry Subject to PP 10014.” All DV-2020 visa holders are encouraged to travel as soon as practicable.
Diversity Visa 2021: DV applicants for the 2021 fiscal year (DV-2021) should wait to be notified of the scheduling of an interview.
Presidential Proclamations 9984, 9992, and 10143
COVID-19-related Presidential Proclamations 9984, 9992, and 10143, which suspend entry into the United States of aliens who have been physically present in the People’s Republic of China, Islamic Republic of Iran, Schengen Area, United Kingdom, Republic of Ireland, Brazil, and South Africa, respectively, in the 14-day period prior to their entry or attempted entry into the United States, remain in effect. Visa categories IR/CR-1, IR/CR-2, IR/IH-3, IR/IH-4, and F2A applicants are explicitly excepted; all other IV applicants and K fiancé(e) nonimmigrant visa applicants remain subject to these three geographical COVID-19 Proclamations.
Thank you
March 27, 2021 at 9:26 am
Helo berit
Second, we want to see the outcome of our PI and class certification motions in the Jacob v Biden lawsuit. They have the potential to give us a vehicle to fix the DV2021 problem without another lawsuit.
Third, if the rumor is true and the next visa bulletin makes nearly all numbers current, it makes more sense to file a lawsuit with visa applicants whose numbers are current- if it only means waiting a few more weeks.
Fourth, and most importantly, my colleague Rafael Urena and I filed the first lawsuit for DV2020 in June of last year, and although others have copied and continue to copy our work, we know what we are doing. Plus now, we have assembled a team of almost 20 of the most committed attorneys, paralegals and staff members on the planet.
Thank you
March 27, 2021 at 8:56 pm
I have asked you before to not copy/paste stuff. It’s not helpful.