Over the last few days I have been asked to clarify the importance of Marital status and the DV lottery. This point should be simple, but rules vary from country to country – so there is some potential for mistakes which (on marital status) are extremely important to the case. Even though the entry period is over for DV2016, this is important information to clarify to make sure you have not made a crucial mistake.
On the eDV registration (the original entry) you have to indicate your marital status. Making a mistake on these can end your DV lottery dream instantly – so it is critical to get these right! The choices are
- Unmarrried
- Married
- Divorced
- Widowed
- Legally Separated
So – what do those choice mean – here you go…
Unmarried
This means single at the time of the eDV entry and never previously married. This could also mean engaged (because engaged to be married is not married). If you select unmarried and are discovered to have been previously married or married at the time of the entry you will be disqualified.
Married
This means married (in which case you must list your spouse on the eDV entry). If you are separated from your spouse (but that separation is not documented by a court) or estranged or just grumpy with your spouse on the day you enter the lottery then you are married.
So – what do you do if you are married but haven’t seen your spouse in 10 years. Well you still list your spouse, including a photo that meets the requirements if needed. If you win, you simply don’t submit an application (DS260) for your spouse.
How about if you plan to be married shortly after the eDV entry, should you save time and enter married. NO, NO, NO! If you are not married on the day you enter the lottery do not enter as married. If you marry later (during the DV process) there are ways to include your new spouse (as described here) , so don’t make the mistake of claiming marital status without being married – there is no need to risk that (as the risk is disqualification) .
Just a point about “marriage”. The US government recognizes the various forms of marriage around the world. The rough rule is that if the marriage is recognized by the civil authorities in the area where the marriage is performed, and that recognition confers typical rights and privileges of marriage on the couple, then the US government will recognize that marriage for immigration purposes. That applies to any form of legal marriage including same sex marriages.
Divorced
This means you were married previously, got a divorce (legally recorded through a divorce court) and have not yet remarried – you are currently single. You will need to supply your marriage and divorce documents. If you cannot show the divorce documents you might be assumed to be still married, and in that case you could be disqualified.
Widowed
This means you were married, your spouse died and you are not currently remarried. You will be asked for proof of the marriage (marriage cert) and the death (death cert).
Legally Separated
This is rarely used so you should only select this option if you are certain you are LEGALLY separated. Under this option of the eDV form is the following text:-
“Legal separation means that a court has formally declared that you and your spouse are legally separated. Legal separation means that your spouse would not be eligible to immigrate as your derivative.”
This means you have gone to court and had a separation agreement accepted by the court. This happens when people do not want to divorce yet but need a formal agreement covering things such as who pays for the shared expenses during the separation, access and custody to any children and so on. You will need to show the legal separation document during your interview.
This is not the right option if you have simply separated from your spouse but have not yet divorced. It is my belief that choosing this option when you are not actually legally separated will result in disqualification (because you omit your spouse who should have been on the form.
But I won and my marital situation has changed – is that a problem?
No – life goes on after the eDV entry. You may have got married, divorced, or whatever – so when you submit your DS260 you will do that with your new marital status. However, they will look to prove that you correctly entered your marital status at the time of registration, so you need to make sure your documents are available for the interview and establish the correct timeline.
February 14, 2015 at 16:23
Hi Sonia,
May i know what is your father’s status now ? have you got any interview yet ?
Hi Somon,
I need your advise..
My case is like this and i am extremely worried..
1) I filed divorce with going thru lawyer in September 2013.
2) i live separately with my husband since then.
3) i do not have court order of “legal separation”. but i do have lawyer letter for my divorce application.
4) However, when i fill in the forms for DV2015 in Nov 2013, i put my status as “legally Separated”. I did not put my husband’s name in the application.
5) I won DV2015 and got the notification letter. ( Knows about it in Oct 2014).
6) i successfully divorce in Oct 2014. ( I got the court paper for this).
7) I submit DS260 and stated that i am divorced. ( Nov 2014)
i am legally divorce now, but i was not when i apply for DV2015 in Nov 2013.
I understand that the 2nd Notification letter will ask us to bring the needed documentation when interview. I just wonder for my case, will they ask for
a) the legal separation documentation ( that i suppose to have, when i apply for DV2013) or just simply
b) the divorce paper from court ( Listed in DS260 when i submitted in Nov 2014)
My question is..
1) Does CO only documentation required in 2nd notification letter ? or
2) They can request any other documentation as they like during the interview ? if the CO ask for the legal separation document, i only have filing papers with lawyer about my divorce application. it seems that that is not sufficient and i should have stated i am “still” married.
3) How often a CO look for the submission record or they are just verifying the correct info in DS260 ?
what do you think ?
Does anybody encounter any similar case like mine in the forum ? any info will be very helpful.
Thanks a lot.
February 14, 2015 at 17:57
Hi Flax,
My father is now divorced (since June 2014) and I finally submitted DS260 in late December 2014. Our case number is current for April but I doubt we’ll get the interview at that time.
In which embassy will you be interviewed?
I really hope our cases make it and that we get this Visa.
February 14, 2015 at 18:07
Not including your husband was a serious mistake. In almost all cases this would result in disqualification. If you want to take the chance to go through the interview anyway, have the divorce papers read and all the paperwork from Sept 2013. It is not actually legal separation, so your ex husband should have been on the forms – but given the subsequent divorce they may overlook the mistake.
Honestly, your chances of approval are not good – but if you can afford to risk the DV fees, I would personally try – but that is your choice….
June 7, 2015 at 06:32
Please like in this case should she put married since the divorce hasn’t martyred by then or separated.
June 7, 2015 at 17:01
The entry should be accurate at that point in time. That means some people need to list married even though a divorce is proceeding at that time.
May 13, 2016 at 19:19
Hello Flax,
If you are still around and you see this,please share us what happened about your case?
Thank you
February 15, 2015 at 01:03
Hi Sonia,
i hope both of us get the visa…. let’s pray for each other.. i will probably get my interview in Aug or September, what about you ?
Hi Simon,
Thanks for the info.. i understand the risk. I will try anyway and follow your advise to get all the paperwork ready.
However i still have some question.
1) Do you know (From others that post experience during the interview}, if the CO ask every single detail of the original submission ? ( I assumed is up to individual CO,… am i right ?)
2) what is the typical duration for interview ?
3) Is it normal that the CO ask for additional paperwork on top of what is required and listed on the 2nd notification letter ? from what i saw in the 2nd NL normally require.. such documents below.
1- Medicals. (for all) please bring the small envelops, keep the X-ray at home.
2- Police certificate/and home country for anyone over 16.
3- Copy and original of the birth certificates (for all).
4- Copy and original of the marriage certificates
5- Copy of your passports. (for all).
6- 2 photos 2×2 inches. (for all)
7- School certificates copies and originals. Only for XXXXXXX (Principle applicant).
For my case, since i filed in DS260 as Divorced, they probably will ask me to bring the divorce certificate. am i right ? but will they ask for the initial legal separation paperwork in the 2nd NL ?
Thanks.
February 15, 2015 at 01:28
1. They are usually concerned with how the original entry was made – because there are clear errors that the rules say will get you disqualified.
2. 2 to 4 minutes.
3. Yes they often ask for additional papers – it is case specific. If you are lucky the divorce paper will satisfy them. The main thing about legally separated is that some people choose it to not bother listing a spouse – and then the spouse wants a visa. In your case the divorce shows the separation was “real” – so if you “innocently” present the divorce paper you might be fine. Certainly worth the gamble.
February 15, 2015 at 16:02
Thank you so much Simon for all your help.
I will pray for you Flax. My interview should be in July/August in Paris.
I will let you know, hopefully if God wants it, it will be a good news.
I’ve now read about the FBI name check article and I’m now scared because my dad often travels to Morocco (like 3/4 times a year), which is a predominantly muslim country….Anyways, it’s all in God’s hands.
February 16, 2015 at 02:17
Hi Sonia,
Thanks a lot. I will pray for you too, hope both of us got the visa. It will be wonderful if we got the visa and can meet you in USA some time in the future.
I wonder if you should worry about the name check, isn’t that it depends on your dad’s name rather than where he travel to ?
Hope my guess is true and you are over worried.
Good luck for you and for me 🙂
February 16, 2015 at 12:52
Absolutely, it would be awesome.
Let’s pray for that to happen. I will definitely keep you in my prayers.
My dad has an european last name but I read on the entry that people who are frequent travelers to muslim countries can be subject to fbi checks.
However, my main concern is that mistake I made by choosing ‘divorced’ instead of ‘married’ because I’m afraid the CO won’t even listen to anything we have to say.
Time will tell.
Good luck to you too!
February 18, 2015 at 20:01
Hi Sonia,
Yes..if the CO won’t even listen to explanation then it will be the worst case.worried..
There are some update on my case.
Hi Britsimon,
I just got a email confirmation from my lawyers saying that, i actually had a “deed of separation” done before Nov 2013. ( it was many documents that i signed during filing the divorce).
Would that help ? even if it is not a court order ? but it is really a legal binding document sign by me and my ex-husband.
Thanks.
February 18, 2015 at 23:09
The instructions ay this “unless you are legally separated (i.e., there is a written agreement recognized by a court or a court order)”. So – I would still be concerned even with what the lawyer has produced.
February 19, 2015 at 08:45
Hi BritSimon,
Thanks for your response.. yes.. i think it comes down to if a “deed of separation” considered as a “written agreement recognized by a court”.
1) Is there anyway i can confirm this relationship ?
2) what should be presented to the CO if he question the validity the deed against the clause of “recognized by a court” ?
February 19, 2015 at 14:29
Recognised by a court would have meant you and your husband (or at least your lawyers) went to court to formalise the agreement in court and there would be documentation from the court to prove that. You should ask your lawyer whether that was done. If not, you have to just present what you have and hope it’s enough.
March 3, 2015 at 20:24
Wow, really ? My CN’s EU29xxx and I waited till Jan to submit my DS-260 and started worrying but if I read this, I might still be ok after all then ?
March 18, 2015 at 12:44
Hi there Simon,
My wife and I started dating in Nov 2011. We decided to both enter the dv lottery for the first time in
Nov 2013 (DV 2015). We did not know exactly how it worked, only that we would like to look at options for
leaving SA as we were getting serious and looking at starting a family down the line.
My (gf at the time) got selected in May 2014. (her no is 70xxxx – 30% chance of interview?)
Once we started reading up, we realized we need to be married for me to be included.
So, we booked a holiday in Sept to the states (as she had never been and didn’t know if she’d like it, she did, as much as I do).
And then in October14, when back from USA, we got the pastor at her old church to marry us (no frills, in front of our parents) for the sake of
being married for the green card. We love each other and are having a ceremony with friends and family this September, now that we have saved up enough money for the white wedding.
So, we are legally married, but, as it states on the state department website – we will be looked at with increased suspicion as we only married after her selection.
We can prove that we were dating for over 2 years before even entering the DV lottery, but we aren’t sure about how to best state our case, or if this is even enough. We have photos together, can get affidavits, hundreds of emails, tons of cards, holiday receipts, engagement ring design receipt.
We don’t have photos of the wedding ceremony in the church office (simply the signing of the papers with my mom and her sister as the witnesses), as my wife wanted to save the frills etc for our white wedding in September 2015, but now we are VERY VERY worried that we wont get it.
I applied for the FSWP in Canada last year as a Mechanical Engineer as we are desparate to leave SA now, with the way its going, but they returned my application saying they had already reached their cap of 1000 mech eng, so this is basically one of our last viable chances of leaving SA. Also we both absolutely LOVE the states, the excitement and possibilities, and vastness and people – everything!
We have spoken to two US emigration lawyers (I know they don’t usually deal with the DV as there is not much for them to do), one said that the
case is a tough one as we are still having the white wedding later this year and will charge us $3000 each to help with the application. The other said that as long as we can prove our marriage was in good faith, we are fine. (But no elaboration on what that means).
We have read cases where legitimate couples were denied at the interview, and some that were accepted.
So, if we get passed the first hurdle (our high no of 70XXX) , and home affairs gets us our unabridged marriage certificate (which we’ve been waiting for since Oct last year), then can anyone help us with specific insight/ advice on how best to state our case – that we love each other, dated for over 2 years before even entering the DV, but that we got married to make sure we could both go on my wife’s DV .
Apologies for the detail, and I hope someone can help us with some advice/ experience for this interview/ or can let us know that we won’t get.
Thank-you
March 18, 2015 at 13:38
Ok, there is no need to worry and certainly no need or advantage in paying to educate a lawyer.the list of things you wrote proving your relationship existed is absolutely fine, and the explanation of the wedding being a quiet thing because of the DV chance us absolutely fine. By the time you interview (hopefully in September) you will also have the white wedding prep such as invites etc. with everything you have said, there is no way you would be denied for the marriage. Relax.
About your case number, yeah it is a bit risky. You can only wait and see….
March 18, 2015 at 20:00
Thank you very much Simon. We will make sure we have all the information prepared. I don’t know why you reply so quickly with such useful information, or how you have so much of it, and share it so freely, but we really, really appreciate it.
March 18, 2015 at 20:42
Glad to help….
April 14, 2015 at 15:07
Hi Simon, me and my family are here on an E-2 visa, my visa number is 31xxx and Im from Sweden, so now we just wait to send in the I-485 forms ( AoS ). The thing is that our E-2 expires September 6.
So what happens if we don`t have got our interview appointment before that time ( 6 Sep 2015 ).
Thanks
Anders
April 14, 2015 at 20:04
Why are you waiting to send in the form – you should be sending it now! As long as it is accepted before September 6 you are fine – and it will be if you send it now.
May 5, 2015 at 06:06
Hi Sonia,
Just wonder had your dad went to the interview. If not, do you have any idea roughly when his interview will be ?
Thanks,
Flax
May 5, 2015 at 07:26
Hi Flax,
I hope you are able to deal with the wait.
My dad has not gone to the interview yet and as I sent the form at the very end of December, I’m guessing we’ll hear from them by the end of this month? And then the interview would be in August maybe. That’s just my guess though!
how about you?
Keep the faith.
S
May 5, 2015 at 21:00
Hi Sonia,
Thanks for getting back to me. My number is not current yet. So.. have to wait until probably in Aug or September.
for your dad case, his number already current and just that he send in the DS260 late that is why he is getting the interview late?
Best of luck for both of us.
Flax
May 5, 2015 at 21:06
Hi Flax,
No problem!
Well yes, my dad’s number is current but as I sent the forms late, this is why it’s getting delayed. I mean, that’s my guess.
Hopefully you’ll be current soon. When did you send your forms?
May 5, 2015 at 22:02
Hi again,
I just checked and the status on CEAC is: “ready” (Status Updated Date: 29-Apr-2015)
Simon if you’re reading this, do you think it means they’ll get an interview in June or July?
If I understood properly, when I see ‘in transit’ on CEAC, it will mean they have emailed the appointment date right?
Thanks a lot!
Best of luck to everyone
May 5, 2015 at 22:43
If you see READY it means the interview is scheduled – and scheduled for JUne.
When KCC send the 2NLs the CEAC status is in TRansit.
Then the embassy marks those cases as received – and that is when we see ready.
May 5, 2015 at 23:03
Thanks Simon!
So that means my dad should have received his NL right? Is there another way than the email inbox to check that?
Thanks Simon again for your precious help!
May 6, 2015 at 02:17
Check the ESC site – the 2NL should be there. If it is not – contact KCC.
May 8, 2015 at 14:16
Hello BritSimon,
I am from a country where civil partnership is very common. We are a couple with kids and we are living together and we had our civil partenirship legally signed years ago. We are intending to get married for some time but did not yet.
In eDV, I’ve declared the kids and my partner as a spouse believing that the civil partnership would be the same and that we could get married prior to submission of the DS260. I’ve not submitted DS260.
I undertand that there is a risk of being disqualified. Based on your experience, what would you recommend as an approach to secure the visa?
Thank you.
Bob.
May 8, 2015 at 16:50
If you entered as married then you have to establish the civil partnership is recognized as a form of marriage in your country. Without know the country I cannot be more specific, but I can say that USA immigration law DOES recognize “marriage” as understood in countries outside of the US – the test being whether the laws in the country where the “marriage” was performed grant the couple the rights of a married couple. Feel free to come back with more detail if you wish.
May 8, 2015 at 18:19
Thanks a lot BritSimon.
Our country is France.
Is there a place where we can see that list of countries recognized by USA immigration law?
We are planning our wedding this summer; would you think it would secure our case to be ‘really’ married (and not civil partners) BEFORE the submission of DS260? Or that does not really matter considering your previous reply?
What are the timelines for DS260 submission?
PS: very good anticipation and technical analysis about the timeout bug of DV-2016 results. You’ve got it right!
May 8, 2015 at 20:27
Hmmmm. I would wait to submit the DS260 until after the marriage. I think it would strengthen your case.
At the interview you will be asked to prove the marriage. Produce the marriage cert that will predate the DS260. A sharp eyed CO will probably question the date because you entered as married. I assume you are in a PACS civil relationship – and that should have paperwork to prove your status. I *think* that would be acceptable, but I am not 100% sure (might depend when you did it and so on).
I am suggesting falling back on the PACS because you only ever produce enough to win the argument. If you have to prove the status was there prior to the eDV, that is when you pull out the PACS paperwork.
YOu can delay your DS260 for a long time if needed. They will probably need 4 months of processing after you submit – but never mind about that, the most important thing is to get the GC…
May 9, 2015 at 22:24
Hi simon, is it possible to file dv lottery ds-260 forms in behalf of the applicant?
May 10, 2015 at 06:08
Yes
May 10, 2015 at 00:01
Hi Simon, I entered the lottery for myself and my fiance. I did not want the US authorities to think that we were going to get a “sham” marriage for the purposes of gaining an entry via a spouse, so I entered that we were married. Also, in Canada (where I live currently), we are considered a common law spouse, and I assumed that would be fine. My fiance has now won the lottery, but we are not “married” as per how the US regards marriage. Hardly anyone asks this question, but are we totally disqualified? To be sure, I am South African and she is Spanish. We both qualify for the lottery due to our countries of origin. Our plan is to get married ASAP and fill this information on our ds-260 form. What are the chances of being disqualified?
May 10, 2015 at 06:04
A very high chance of disqualification. You were not accurate on the original entry. You can gamble and hope you get a CO that decides to overlook the fact that you failed to follow the instructions.
May 10, 2015 at 06:31
Let me elaborate: The Canadians let me sponsor my fiance based on their interpretation of a spouse. The rules state that if someone is considered a spouse in their country, then they may be considered a spouse by the usics. When entering the lottery, I was very nervous that this would be held against me by not declaring her as my spouse. I have proof that prior to entering the lottery, the Canadians allowed me to sponsor her due to what they consider a common law spouse. If I bring this proof along, would this better my chances?
May 10, 2015 at 06:45
I am aware of Canadian common law relationships. The rights are not entirely the same as a married couple and vary across Canada. CL couples enjoy varying degrees of rights for property and so on. It is a pity you introduced tis complication – for no useful purpose.
Yes take evidence about CL relationship to the interview – and get married. Hopefully the CO will understand rather than argue….
May 10, 2015 at 07:00
Thank you so much for the great answers so far. Two last questions: Should I bring this issue up on my own accord during the interview or will they ask me about it up front? Also, seeing as we live in Vancouver, could we do the interview in Seattle rather than have to fly to Montreal (we are both legally allowed to enter usa)
May 10, 2015 at 13:33
The CO will guide the interview – which will normally not last long. Your will be longer of course while you sort out the marriage issue.
No you cannot have the interview in the USA – that implies a different process which assumes you have residency in the USA.
May 11, 2015 at 17:57
Hi Simon. Regarding my situation (as mentioned above), what marriage date should I then put in the ds-260 form? I am confident of my common law spousal relationship but if I put down that my date of marriage that is after the dv-lottery entry, would that not get flagged immediately and result in not getting an invite?
May 11, 2015 at 18:16
You will always get an invite for the interview. KCC cannot disqualify anyone themselves – everyone has their chance to explain to the CO.
Yes put the legal marriage date and be prepared for them to ask about the prior status.
Simon
May 11, 2015 at 18:42
Simon, on a more personal note, I am also in the IT industry. If this thing does work out, you keen for some beers in Silicon Valley (I believe that is where you are based). I am buying 🙂
May 11, 2015 at 19:33
Hahaa yes indeed – give me a shout when you get here!
July 23, 2016 at 03:15
Hi Simon, In your experience, do you know others cases similars to the Barry one? And what was the result? Regards
July 23, 2016 at 14:11
Barry’s case is the first I have known in so much detail. I know of one other at the moment. Barry’s case is almost approved.
May 12, 2016 at 14:55
Hi Barry, I am a writer for a Diversity Lottery blog in spanish, and was wondering how your case came along, did you get approved your immigrant visas ? I have a case exactly like yours but in Venezuela, the person has been in common law marriage for 8 years (legal in Venezuela), applied for the DV as married, had included his partner and their kid as beneficiaries and where wondering their chances. They are marrying before sending the DS260. Would appreciate your comments. Thanks
May 12, 2016 at 15:09
He is not approved yet. His case (and now one other in OC) are waiting for decisions.
May 12, 2016 at 15:18
Thanks for the quick reply! I guess the matter is taking the risk!
August 7, 2016 at 22:59
Hi Simon, What do you Know about the other case similar to the Barry’s one? Haven’t they had the interview yet? Was they in common law marriage too? Where are they from? regards
August 8, 2016 at 14:34
I’m not certain of the outcome.
Barry was approved.
August 8, 2016 at 19:29
But, the other similar case that you know, Didn’t it have the interview yet?
August 8, 2016 at 20:09
AP
August 9, 2016 at 17:03
OK, That was in Canada too?
October 9, 2016 at 23:39
Hi BritSimon, Do you know what happeded with the other case similar to Barry’s one that is in AP? My case is very similar to Barry’s one, but I am waiting for the intervies date.
Regards
October 10, 2016 at 04:08
I don’t know.
May 12, 2016 at 15:15
Hi Peter. Make contact with me over email. Go to my site, doctrina.org, and look for contact details. I will tell you the whole story (and in detail).
May 12, 2015 at 07:21
I always submit 2 application for me and my wife .. One of them with my name and she is my wife in it and another one with her name and me as a spouse … I’ve been doing this for years and None has never been selected … Is this wrong and causes the disqualification ???
May 12, 2015 at 13:49
No that is not wrong – but the chance of selection means you could be trying for 100 years and not get selected – or try one time and get selected.
May 12, 2015 at 14:08
I must admit, the Americans could update their rules a bit better. On the rules for the DV lottery, it makes a HUGE issue out of saying you are unmarried when in fact you are married. There is nothing that strictly defines marriage at all in the rules. This website should be required reading for anyone who enters the DV lottery. Thanks again Simon 🙂
May 12, 2015 at 14:14
Someone who say they are single when they are married is facing certain disqualification. Saying you are married when in fact you are single is not quite as definitive. The rules are from standard immigration law – with some additional DV spice for extra fun!!! 🙂
May 12, 2015 at 14:16
So, It is only for chances to be selected? What I feared that after being selected (one or both of the application) they are disqualified for a reason like this.
Thanks Simon
May 12, 2015 at 14:28
No – that is normal top enter twice per couple
May 12, 2015 at 14:44
Thanks a lot. Good luck for us next year.
Is there chances for a second draw or result change we can wait for this year ?
May 12, 2015 at 14:59
Now they have released the 91.5k I don’t think there will be a second draw.
May 13, 2015 at 13:46
Hi Simon. It seems chatting US immigration lawyers here in Canada that they consider my “predicament” something I can explain. But I don’t really trust these lawyers, none of them seem in any way experienced with the DV Lottery system. I was wondering if you knew of a lawyer you could recommend. I just need some advice, that’s all really. If you want, you can email me back (or post the reply on this forum).
May 13, 2015 at 14:12
There are virtually no lawyers anywhere in the world that have experience with the DV process. DV represents 5% of annual immigration, but 99% of cases are handled without a lawyer – and the other 1% are usually made worse by the lawyers. I am totally serious about that. The cases are also spread around the world so, if a lawyer tells you they have handled DV cases before – they are almost certainly not telling the truth.
There is one lawyer in LA who is knowledgeable about DV and has written some articles that are used as reference in the DV community. I gather he is expensive, so it would be an expensive way to find out whether you should gamble on your predicament. Honestly – it might cost more than the DV fees.
May 13, 2015 at 14:18
Hi Simon. I am willing to pay him to speak to him. Peace of mind (or maybe even just withdrawing my application and saving my money) will be worth it. Can you please send me his details, I would really appreciate it.
May 13, 2015 at 14:33
Also Simon, if there is some way for me to communicate with you more privately (as opposed to this forum), I don’t mind updating you on how things go with us. We have a very low number (Europe, in the very low ten thousands), so I expect us to get the interview in January (is this correct – or would we get it after Jan). You may be interested in how it goes for us as information for future queries…
May 19, 2015 at 20:17
Dear Sir.
need your urgent help. actually i had mentioned in the original entery form that i am not married . and after that i have got married and have son now…. my mistake is
* in the dv 260 i have mentioned i am not married, and same time i have added my wife and son in the independent list but i didnt fill their forms …… so do u think they will ignore my wife and son empty forms, and will process my form only….. or i have to unlock my application to revise this mistakes
May 19, 2015 at 21:39
YOu must complete their DS260 forms. It is essential you do that as you are now married.
May 19, 2015 at 20:29
Moreover , i did this mistake because i dont like to take them with me, my wife need to stay in the contery for 5 years and no way to go with me to USA. also i have to mention that i have sent request to unlock my application in order to revise my place of birth.
May 19, 2015 at 21:40
Ahh I see – then in that case you DO NOT fill in a DS260 for them, but they need to be listed on your DS260.
May 20, 2015 at 05:17
Dear sir.
If i didn’t fill my wife and son forms, although they are listed in my DS260, and i go alone to the interview, and i insist that i am not married as i have mention in my form, so do u think that i can get the visa.
May 20, 2015 at 17:07
You have provided the evidence of their existence on the DS260 – so they will know you are lying. Because you will be found to be lying you will be found to be committing immigration fraud and banned from the USA for life. If somehow they did not figure out you were lying and somehow approved the visa, you could never reveal your wife and child as that is clear proof that you lied in your application. At that point you would be deported EVEN IF you had obtained citizenship by that time.
May 20, 2015 at 19:41
Dear Mr. SIMON.
Really i do appreciate your answers, and i seek your help again, today i have been informed that my interview in july, same time i have re checked my wife’s and son’s forms, and found that they are still opened and i didn’t sumbit them along with my form, so in this case , do u think kcc they received my form only? or they know that there are some forms related to me are still pending.
Also i need your advice. Shall i attend the interview or not?
May 20, 2015 at 20:09
I don’t know exactly what they will know but I strongly urge you not to lie in the interview.
May 25, 2015 at 12:51
Dear Simon,
First I want to thank you for all the precious information that you share here with us.
My question is that, I just forgot my wife date of birth i.e date & month that I was filled on the application form and now i lose my confidence to know the exact date & month of my wife before filling DS-260 form. Actually i am sure for the year except the date & month. so what do you advice me before filling the DS-260 form.
i am waiting for your urgent feedback.
May 25, 2015 at 14:35
Assuming she is a derivative of your win, simply make sure that the date is correct on the DS260.
May 26, 2015 at 06:11
Dear Simon,
I really thank you for your nice feedback. i have also another questions:
1. Me and my wife expecting a child to be born on October, 2015 with the will of God. So how could we manage this on DS260 form?
2. My case number is 2016AF000095xx and when just i expect the interview will be conducted?
May 26, 2015 at 14:51
Your number is quite low, so your interview could be scheduled before the child is born. The question is whether the child is born before the interview or not. If that happens the child will need a medical as well as a birth certificate and passport. You attend the interview with the child and the child will be added to your case. There is also a process for a child born after the interview, but that is less likely and in that case you can discuss with the CO at the embassy during your interview.
May 27, 2015 at 14:20
hi mr Simon, i entered my edv application as married, of course we are really married me and my spouse. Which date should i put on my ds260? the date of my wedding at the church( the religious wedding )or the wedding with the marriage officer?(the civil wedding?) there it is given a wedding certificate, as it didnt happen the same day,
regards
May 27, 2015 at 15:14
It depends on your country. If legal rights of marriage are based on the civil wedding – then use that date.
May 27, 2015 at 16:55
ok thx Brit, will it be an issue as i am from another country and presently living in another where i will be interviewed?
May 27, 2015 at 19:05
NO issue – people do that all the time – you interview where you live currently. THe only thing that can happen in that case is they might not be used to seeing documents from your country – it depends whether the country is “next door” or halfway round the planet.
June 6, 2015 at 12:15
I filled my primary entry as a single and after I apply for b2 visa but I told them I am married with 2 children and I was granted the visa and I went to the us for a month . Is it possible for me to continue the dv process
June 6, 2015 at 16:17
No. Your lie will mean disqualification.
June 10, 2015 at 21:56
hi brit, my friend got selected for dv 2016 nd is legally married, the point is that when she got married she nd the husband traveled the following day to their home, they didn’t pick their marriage certificate right away where they previously were staying, she now realises that she has to present their marriage certificate to interview, is it gonna be a problem with the CO noticing her marriage certificate showing the date of their marriage which is 7years back, but signed: delivered at …. with a recent date which is after her DV WIN?? or all that matter is if she was married before THE DV WIN even if the date of issuing is after the DV WIN??
June 13, 2015 at 10:53
Based on flax submission my brother won 2016 lottery but as at the edv time he was in divorce process by his wife yet he added her as his spouse ,now the divorce certificate was issued not quite long 3 weeks after such application.Now he has married a lady whome he has impregnated for for almost five months now in 27 April this year.
Please now how is he to fill the form Ds 260 with this situation as his case no is <150,and which documents will be needed for such interview when is due.
June 13, 2015 at 16:29
He can enter the new wife, and at the interview he will need to show marriage and divorce papers for wife A, and marriage papers for wife B.
June 13, 2015 at 21:24
Thanks for your answer Mr.Brit but he said that first marriage was about 5 years ago and he is only having the divorce certificate only and the new marriage certificate.Also how do you see my chance if I wait till she deliver as I lent it boost up your togetherness or chance to be considered with the baby as such.was it true?
June 13, 2015 at 22:03
Well I would recommend finding documents if he can. The baby will be included in the case once the child is born.
June 18, 2015 at 17:32
Hi Simon,
My father’s interview was planned on June 9th, but he was traveling in the US at that time so we had to write to the embassy in Paris to ask for a new date, which they gave us but the letter hasn’t changed on the DV website. They told us on the email to change the date on that letter but my concern is that they will deny them access on the new date. Should I double check with them a couple of days before the interview to see if they do have my father and sister’s names on the list for the day? They will of course also bring a printed copy of the email that states the date was changed.
Then my second question is about the statement letter from my mother because my sister is 17 and is not legal yet. Should we also ask a copy of my mom’s ID? What should we do to make the letter look as official as it should?
Should we ask a legal authority (notary for example) to attest it? Also, can my mother add a little text at the notary’s office stating me and my dad filed for divorce and got court orders dated of May 25th, 2012 that got corrected (because they had made a mistake on my dad’s name) on February 15th, 2013?
I read once in a forum that someone had been to a notary’s office to help clarify some of his issues and it helped him for his tricky case.
I am honestly so scared and would do whatever to help the CO understand the case.
Thank you again for all the help provided Simon!
June 18, 2015 at 18:12
For every question that is “should we take more proof or not” – the answer is always take everything you can think of to be fully prepared for anything at the interview.
Regarding your sister, get a notarized letter from your mother saying she is agreeing that your sister is going to emigrate to the USA with your father. Mothers are assumed to have custody typically.
June 18, 2015 at 18:57
Ok thank you so much for the informations, once again!
And do you think it’s normal that the letter on the DV website isn’t updated with the new interview date? Are you familiar with interviews reschedule?
June 18, 2015 at 20:28
THe rescheduled appointment would not be updated to the 2NL letter. The rescheduled appointment is between you and the embassy.
July 28, 2015 at 23:36
Hi Simon,
So I just wanted to let you know that my dad and my sisters had their interview this morning at the Paris embassy, and their case was accepted. We are beyond thrilled and it went rather smoothly. They just were a little scared when the first person they talked to told them they might not be any visa left because we delayed the interview once. Besides that, the lady who interviewed them was really nice, and didn’t even ask for separation papers.
In the end she told them they would get their passports back with the visa in about 10 days.
I just have one last question for you because I’d rather be sure: there are diversity visas left right? And have you ever heard of a case being denied after the officer said it was ok? (I am still a bit worried as long as they don’t have the visas and the passports in their hands!)
Last but not least, I also wanted to thank you for all the helpful information you provide. Thanks a lot and good luck to everyone who haven’t had their interview yet
July 29, 2015 at 00:33
That is excellent news – congratulations!
Yes there have been cases that were approved and then later the decision reversed – BUT those cases are VERY rare – you really don’t need to worry and yes, there are plenty of visas left.
Relax!
June 25, 2015 at 11:39
Please the traditional date of marriage and it registeration date at the state council ,when filling ds 260 which one should be used as date of marriage as they differ.
June 25, 2015 at 13:41
If they are both prior to the eDV entry, then I would go with the council (civil) wedding date.
June 25, 2015 at 14:33
Both after the edv but prior ds 260 filling with 3 month difference btn the traditional one and cancil one.
June 25, 2015 at 14:39
Civil one is still preferable.
July 7, 2015 at 09:47
Please which type of marriage under your law is recognized per Muslim as we have customary type and ordinance where you can marry only one woman under ordinance but both are recognized by the law of the state.
July 7, 2015 at 14:31
Us immigration law recognises almost any type of marriage that is reconized in the country where the marriage is performed. However there are some exceptions such as proxy marriage, and polygamous marriages.
July 26, 2015 at 13:02
How about Engagement officially but not married yet and no ceremony ,
My status in the official in papers is married and I apply as a unmarried because I don’t know when am going to make my marriage ceremony officially yet so still we’re engaged ,
Please note that I add my fiancée to the DS-260 and I believe I enter the DV lottery after i make the paper so this mean am married and not engaged ?
What to do in that case plz help ,
Btw in the DS-260 I mentioned that am married and i add her and I don’t want to travel with my wife or fiancée to us she will join me later,
Kindly advise what to do
July 26, 2015 at 14:24
In USA, engagement is a step before marriage and confers no legal rights on the couple. So, in that case your fiancée should not be on your forms at all (and you can sponsor her once you have your Green Card and get married – although that process takes two years.
July 26, 2015 at 17:20
thank you for your help ,
what happened with me exactly that i get engaged during September and i apply for the DV visa during October ,
in my culture ( arabic ) we make engagement in at court before getting marriage ceremony so i have a marriage certificate really , i don’t know what to do ,
do i have to go to the interview and when the consular ask me why you didn’t apply for your wife in the entry application i’ll tell him that she is my fiancée or ignore the interview and forget about it 🙂
i have a marriage certificate but still we didn’t get married yet am afraid the consular will not understand that ,
plz advise me am really confused and i don’t know what to do.
thank you so much
July 26, 2015 at 18:31
The CO will be more aware of local laws and customs. I am not at all clear on what will be the decision – so all you can do is tell the truth…
July 28, 2015 at 16:57
IAM A SELECTEE DV2015 MY WIFE HAD HER PASSPOST BEFORE WE GOT MARRIED WILL SHE CHANGE HER LAST NAME?
July 28, 2015 at 17:17
If she wants to she can do that – but there needs to be some evidence of the name change such as a name change certificate or a marriage certificate that details the name change.
July 29, 2015 at 05:08
hi simon ,
if i have an interview and i didn’t go for it , can i apply again for the DV program 2017 ?
July 29, 2015 at 06:25
Yes.
July 30, 2015 at 16:27
Hi there. Please help. We want to enter the DV Lottery 2017 but my husband is unable to get a photo of his son as he is estranged from the mother/child. She left the country with the son and they do not communicate. What do we do now because we don’t want to be disqualified for not putting him on the application as he is under 21 yrs of age?
July 30, 2015 at 16:32
There is NO choice about this. You must include the son on the entry. However, the actual photo used will not matter since your husband will not apply for a DV visa for the child. Don’t forget, as the child is your step child, you must list him as your child also.
July 30, 2015 at 17:46
When u say that ‘the actual photo used” will not matter…can we then use any photo as long as it’s sized correctly? On the online entry it does stipulate we need a photo so can it be any photo of him?
July 30, 2015 at 18:12
The photo needs to meet the requirements for size composition and so on.
August 4, 2015 at 20:32
Hi brit,my question here that i met a lady for the past 3 years ago at the airport in my home country where through conversation and and some little assistant gave to her we finally got married that is legally married in court but very unfortunate my wife departed to the US with the original marriage certificate and a friend of mine told me i should have added my birth certificate to the original marriage cert.to the US,please without adding this birth cert.can’t my wife forward the paper?
August 4, 2015 at 21:39
I don’t really understand your question.
August 7, 2015 at 08:16
Who Must Attend the Interview?
If my spouse and/or qualified unmarried children will immigrate at a later date and travel separately from me,
I select my interview location abu dhabi for my 260 form
and egypt for there 260 form
My question can I send my form for processing now and wait after get my visa and send there form ?Please advise me
they stay now in egypt and can’t travel before July 2016
my case no 2016AF00008***
And not sent my form until date
thanks .
August 7, 2015 at 14:32
You can’t do it the way you are thinking. If you try – it will get messed up.
After a visa is issued you can delay your travel for up to 6 months (based on the expiry of the visa). So – what I suggest is that you delay the submission of your DS260 (all family members) until about December or January. That will delay your interview until February or March. Once approved, you (as the principal) can travel to the US immediately and your family could join you later (within the expiry date).
The other option is that the family come with you for an activation trip – and leave after a short period of time – they could then stay out of the USA for up to one year.
August 7, 2015 at 15:00
Thanks a lot for your advice
August 25, 2015 at 19:48
Hi,
I have a similar situation here and would appreciate your quick insight on it as I am a little bit in a rush now!
My case no is 2015EU00042798 with an interview appointment in Sept 3.
I didn’t include my boyfriend in my initial case but I want to enter the embassy with him to get to US together so we considered marriage (we do not have the marriage certificate yet). I wrote to our local embassy in Armenia how to proceed and they said they would need the marriage certificate and his passport copy to open a derivatve case under DV2 category. In addition, they said that as long as it is the last month of the fiscal year and there are no extra numbers available, they do not guarantee he will get a visa.
Would you please share your opinion on what’s the probability of my boyfriend (husband by the interview) to get a visa and if not whether he will get refused or have his visa on hold till the number is available? How do you think entering the embassy together even though there are no numbers available, and a I have a high number and this is the end of fiscal year would help us later to get a green card for him? Would it somehow ease the process if I file petition for him later on?
And 1 admin question – how long do you think it would take the embassy to open my entry case to open a derivative case for my husband? My interview is on Sept 3 and there is so little time left…
Thank you very much! Hope to get your answers asap!
August 25, 2015 at 20:17
Well you have left it very late to sort this out. That is a shame.
Predicting the probabilities that you are requesting – that is only guessing. I have no statistical way to guess that. The only thing I would say is that there will be very few visas available in EU region at that time.
As for the admin question – again – I don’t really have a way to predict how long they will take. Follow their instructions as precisely as possible. That is all you can do.
If your husband cannot get a DV visa, you will be able to sponsor him later, but it will take longer and cost more. The DV visa is an extremely easy process…
August 30, 2015 at 08:05
Hi Simon
I won the dv 2016,I’m currently residing in Canada and my child is back home in Kenya..do u think we can get interviews in different countries or what can you advice me to do
Nancy
August 30, 2015 at 15:06
You can do that – but it takes additional time and is complicated. Only attempt that if your interview is going to be early.
October 2, 2015 at 15:34
Hi, wha if i´m not married BUT have a 10 years living with my couple and two children. Thanks
October 2, 2015 at 18:16
You list the children but not your spouse. Your spouse can do the same. If either of you win, you could marry to take advantage of the win.
October 11, 2015 at 19:14
Hi BritSimon,
I’m from Spain and My wife is from Uruguay. We met in Spain 6 years ago and move to Mexico after 1 year. We got married in Los Angeles, California in 2012 and I got selected for the DV-2016. Our interview is scheduled for the first week in November and after getting all the paperwork together we started wondering just one thing. Our marriage is not yet filed in the consulate of my country of origin (to be included into the Civil Register of Spain) but we do have our original american Certified copy of Marriage Certificate issued by The Los Angeles County Clerk’s Office as required per law.
This is the question. Is this Certified document enough proof of our marriage even if we are foreigners that decided to get married in front of the Ocean in Malibu without being american residents nor citizens?
Here’s what you wrote in one of your interesting posts:
“”Just a point about “marriage”. The US government recognizes the various forms of marriage around the world. The rough rule is that if the marriage is recognized by the civil authorities in the area where the marriage is performed, and that recognition confers typical rights and privileges of marriage on the couple, then the US government will recognize that marriage for immigration purposes. That applies to any form of legal marriage including same sex marriages.””
Can we sleep well awaiting for our interview? Thanks for your help
October 11, 2015 at 21:55
Of course America recognizes legal marriages performed in America! Relax.
October 12, 2015 at 02:12
I’ve read somewhere that for a marriage of two foreigners performed in the US it needs to be signed up in the consulate of the country of origin of the spouses that’s why i asked you. I guess that for Americans the only thing that counts is that the marriage is valid in America. Am I Correct? Thanks for your invaluable help again.
October 12, 2015 at 04:01
I am British, my wife is Spanish. We married in Hawaii. No issue.
October 12, 2015 at 00:57
Hi Simon,
Thank you for your efforts!
My situation is the folowing:
Im still married, and we’re about to divorce, my wife refuses to give me photos of her and kids, since I’m not allowed to see them till the end of the process and court decision raised.
(I don’t expect to get my divorce before late November, too late! ).
Is there any other way to exclude my wife from the process?
Hope not giving you headache 🙂
Thanks
October 12, 2015 at 04:06
This is very clear. You are married and have kids. If you enter you MUST include your wife and children. If you cannot get photos of them you cannot enter.
October 13, 2015 at 16:02
Hi Simon,
Me and my wife got divorced coupe of years ago but then we got back together.Can i include her in my GC lottery application or NOT.And what status should i write
October 13, 2015 at 23:14
If you remarried you can include her (and select married). If you are divorced and have not remarried you cannot include her – and would select divorced.
October 19, 2015 at 20:42
Hi simon
I fill the eDV married status single
But im married I have one kids
If o won lottery
Its possible to migration to America
October 19, 2015 at 20:55
Why did you do that?
October 20, 2015 at 19:29
HI! So I’m applying for the lottery and of course I have an issue choosing my status because I’am common law in Canada (originally from France). And I don’t know if this is considered as marriage or no. Especially because my Partner has no intention of coming to the US so I’M tempted to put single but don’t know if that would be approved. Any help would be great! Thanks!
October 20, 2015 at 19:33
I have been looking in to a similar situation recently (someone with a Canadian common law relationship). For that case we determined that the common law marriage is NOT considered a legal marriage – so you should put single.
October 22, 2015 at 09:20
Hi there, I am married with 2 children and intend to apply for the lottery. Years ago I had a son with my ex-girlfriend and the child is now below 21. I am estranged from both of them and will not be able to get hold of a photograph that matches the requirements. I understand that he has to be included in the application even if he will not be coming with me and my family if we do get selected. Any advice is appreciated. Thanks.
October 22, 2015 at 12:28
You need to list the child and have a photo. BUT, the child will never be compared to the photo you provide – right? So…..
October 25, 2015 at 10:37
Hello , can multiple entrants play as principal applicants the dvlottery for one woman
October 25, 2015 at 14:57
HUH? What are you asking? Can a woman be listed as a wife of several applicants????
October 26, 2015 at 19:54
HI , i want to applu for DV lottery and i have a question filling the form with the number of children , The child I gave birth , died at the Hospital 10 days after he was born,should i m mention it in ” Number of children ” or just mark the number 0 ?
October 26, 2015 at 20:39
You can mark 0
October 26, 2015 at 20:51
many thanks!!!!!!!!!!
November 29, 2015 at 01:04
Hello Britsimon,
My brother in law won Dv lottery, we just learned. He filled application as single. But in fact he is married and have three kids. What we should do now: divorce from my sister and after getting citizenship remarry again or just fill packages apllications as married?
thanks
November 29, 2015 at 01:48
He will be disqualified for the lie he told on the initial entry. There is nothing he can do – he would be wasting his time and money to continue. Why he thought it was a good idea to lie is beyond me.
January 30, 2016 at 10:28
Hi Mr. Simon
my wife won a dv single in ivory coast and she is an ivoirean and i was added to her during the submission, she currently living in Ivory coast for schooling . and i’m Sierra Leonean currently living in sierra leone. but our wedding took place in Ivory coast. so in short we are marriage but not living together right now. so what do you think should be our story to prove the legitimacy of our marriage at the embassy? please help us we’re in doubt.
January 30, 2016 at 15:31
I can’t give you a “story” – it is your story.
However, you do need to show that there was a serious relationship between you prior to the DV lotter win. So – as well as proof of the marriage (photos etc) you should provide phones or texts or emails or whatever you can produce that shows your earlier relationship.
January 30, 2016 at 22:16
Thanks a lot Mr. Simon for your contributions, i will take your advice…
April 18, 2016 at 07:53
Dear BritSimon,
I am currently married and I entered DV lottery as married. I am going through the divorce procedure, In case I get selected, is it possible to bypass derivative applicants information on DS260. I couldn’t find the related information. What I mean is can I submit my application without filling my future ex-spouse? Thank you.
April 18, 2016 at 14:44
Yes you can – you simply don’t submit the DS260 for the spouse.