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
June 7, 2020 at 09:36
What if your partner and you differ 45 years in age? This concerncs a country which I presume is considered very low risk (the Netherlands).
June 7, 2020 at 14:21
No problem.
November 11, 2020 at 14:31
Are you serious?
June 8, 2020 at 04:52
Hello, my case is the total opposite. Im married and when I filled the entry I Listed me as married and my partners data (all ok). I won the lottery (im still married), but next week Im going to sign the divorce, how I can change my civil status? I have to fill now the next step (but im still married)
June 8, 2020 at 05:41
Wait until you are divorced then complete the form.
June 26, 2020 at 07:25
Hi there. My situation is similar however I am currently in the divorce process and am not sure how long this will take to complete. I read your post that I can wait up till approximately May 2021 to submit my ds260 form. however I don’t know if the actions required for me to legally divorce will Be completed prior to this submission deadline. If I was to submit the form sooner rather than later and select that I am still married and then I later divorce prior to the visa interview etc, will it matter that my marriage status changed during the Application process timeframe? Thanks so much
June 26, 2020 at 15:04
If your marital status changes, you would unlock and correct your DS260
June 8, 2020 at 14:10
Hi Simon,
Here’s a new scenario!
Engaged upon application – OCT 2019
Date for wedding – APRIL 2020
COVID HIT
Wedding Suspended
Results for lottery 2021 Annouced – JUNE 2020 – I won!
Wedding pushed to – MARCH 2021
In Australia our celebrant had organised our legal documents that state we have an intention to marry, but had to postpone because of COVID.
Thoughts?
June 8, 2020 at 17:45
It’s not really a new scenario apart from the reason to move the wedding.
You should marry before interview, and ideally before submitting the DS260. If you do that, everything is easy. So – marry and submit your DS260 as married immediately after the wedding.
June 8, 2020 at 18:21
Hi what about two people they were married( divorce now) but still living in the same house, then the result came back and they wanna get married again? Is that a problem?
June 8, 2020 at 21:13
As long as they have legal proof of everything… no problem.
June 11, 2020 at 14:14
Hey. Here’s my scenario !
1-I won this year… and thinking to get married, but my future wife’s country (CHINA) isn’t one of the eligible countries , do you think that would be a problem ?( I’ve read the instructions and they said it’s okay if a spouse isn’t in eligible country ) I just want to make sure if there’s anything i should know to take in consideration.
2- I live in china now , do you think I should submit my DS260 In China in order to pass the interview in China ?.
Thanks
June 12, 2020 at 00:18
1. No problem.
2. Doesn’t make any difference.
September 25, 2020 at 17:54
Hi sir my husband won and we didn’t have all this ideas so just found out and we have been married for 4years and he had his interview already.Please is there a possibility for him to go and file in for me and my two kids
September 25, 2020 at 22:14
Did he lie about his marital status?
June 12, 2020 at 10:15
Thank you britsimo ! If one couple registration of their marriage certificate first example date of marriage, then they appliade their ducoment for Entery US one of them! Then after clear identify the mistake of date onthe marriage certificate! After that they are corrected their marriage certificate from their home country is it posible for them to live in US after that? and If the Immigration judge send Notes to appear one of them what shall they do? Is it solution and keep they from removable? Pls
June 12, 2020 at 11:36
I have no idea what you are asking.
June 12, 2020 at 14:46
Is it possible to correction of mirriage date if it is mistake registared first? During immigration process?
June 12, 2020 at 20:56
You should correct that in the DS260
June 13, 2020 at 08:28
Can I marry before entering USA after facing the interview
June 13, 2020 at 17:23
Well yeah – but why wouldn’t you marry BEFORE the interview to take your spouse?
June 15, 2020 at 11:18
Hi. This is my scenario.
My fiance won DV2021 and she submitted DS260 as unmarried.
We are going to get married in August, which I suppose is BEFORE the interview.
1. Does delaying the submission of DS260, in her case, unlock DS260 and resubmit in August, affect the procedure? Is there possibility she gets cut-off?
2. Can she unlock DS260 after it was cheked and proceeded by KCC? Current status is she has completed DS260 and waiting for the next instruction.
Thanks.
June 15, 2020 at 22:32
1. Waiting until August is no problem – and may even be early depending on her case number.
2. Yes
June 15, 2020 at 14:44
Thank You Sir for your precious time.
I have filled DV Lottery as single and I am selected but I have spouse and a son I could not include list their names during the first entry due to absent of documents during that time. What should I do ?
June 15, 2020 at 15:01
To make it clear for you the date of our marriage was on April 2018 and our son was born on Nov, 2019. But I could not include in my first entry due to various difficulties during the first entry. So, what is your advice to me.
June 15, 2020 at 22:50
Forget the win this year. You will be disqualified.
June 15, 2020 at 23:21
Dear BritSimon if you can get my problem
The reason Why I did not include was b/c we do not have legal marriage certificate yet. We were living together after a traditional marriage ceremony. My worry is after I have been selected I am requesting to get marriage certificate and need your advice when is the appropriate time to get the marriage certificat from my government.
June 16, 2020 at 00:21
You said you were married in 2018. If you believe that was not a legal marriage then you should marry now. The child presumably was not born when you entered?
June 16, 2020 at 00:52
Thank you.
June 16, 2020 at 02:17
Dear Simon here I have also another question from my friend with complicated case
“Hi, my wife and i have been living together for 2yrs with convincing evidences and have one boy. But we haven’t legal wedding certificate yet and she got selected recently, my question is, she did not enter us as her derivatives during the first entry, what should we do to fill as derivative thank you”
June 16, 2020 at 17:49
In order to add you as her spouse she would need to marry you, then she could add you.
However, the child could be a problem. If the child was already born before her DV entry in October/November 2019, then her child should have been on that entry. If he was already born but excluded from the entry, then she will be disqualified at interview.
June 16, 2020 at 03:44
Greetings BritSimon;
First of all thank you for your great article. I though have few clarifying question for you. First let’s start with a little resume about me.
I apply for the DV lottery and got selected. At the time I was applying I was married and still living in my country of eligibility. In the meantime, I have travel to China where I study and that’s where I found out about my selection.
In the meantime, my spouse who stayed home just signed a new job contract. And important one for her career, and now have doubt about immigrating.
So here are my questions:
1)- Due to covid-19 and the uncertainties of borders to re-open, can I request that my interview be done in China where I currently instead of my home country?
2)- Know that visa are limited and visa availability varies depending on where you are How would having my interview in China impact my case? do you think priority would be given to Chinese national or my visa count will still be related to my home country rather than China?
3)- As far as my spouse is concerned, Can I continue with my DS 260 and keep my marital status as married and declared that they will not be travelling with me? or should I engage in Divorce and fill out the DS260 as soon as I get it approved?
4)- I know the embassy conduct thorough investigation, So in the case of the Divorce scenario, will the US embassy still conduct investigation on my spouse situation or the focus will be directed to me and only me? Would they still required me to provide my marriage certificate? or will they just required to see my divorce certificate?
Sorry because it is too long, I am just asking myself too many questions and I really need your guidance.
Thank You for your time and for what you do.
June 16, 2020 at 17:59
1. Yes
2. Your timing is driven by your case number, nothing to do with where you live.
3. You don’t have to apply for a visa for her – even if you remain married.
4. You will need to provide all documents.
June 17, 2020 at 17:15
Thank you BritSimon for your prompt response. I have another scenario.
In the case that my wife and I decide to go together, can I get interviewed in China and my wify in my original country? or do we both have to be interviewed together at the same US embassy? I am the principal applicant.
Thanks.
June 17, 2020 at 19:02
You interview together.
June 16, 2020 at 12:00
Greetings,
In the case when you got married after you applied for the dv lottery and you are adding a participant in the ds260 form on the travel.state website it is stated that “When adding family members to your case, you will need to upload a document to prove your relationship to the family member being added.”.
1. Is this document needed during the ds260 completion because there is no way to upload it?
2. Is there a photo needed for the added applicant and if so how can it be added?
Thank you for your time and dedication.
June 16, 2020 at 18:43
1. If they need it they will ask you
2. Not yet – at interview, yes.
June 16, 2020 at 18:47
I appreciate your help patience!
June 17, 2020 at 05:51
Hi, Simon. when Ds 260 submission ends ? that said, my case number is AF 47**** . I need to know it because I’m not so sure if i can get married any soon before august !
your reply will be highly appreciate.
June 17, 2020 at 16:37
There is no official end date, but people will still be submitting into April and possibly May of next year and still get processed in time.
June 17, 2020 at 11:32
Hi Britsimon,
Thank you for your helpful advice
My question to you:
My partner and I have been together over 2 years, marriage always on the cards but without any dates set etc etc. This weekend I discovered I had won the lottery, obviously now we are considering how to go about this and perhaps whether to set that date. The part I am finding confusing is the timeline of how everything works, if the interviews start in Oct does that mean I need to have our Ds260’s in by then or do I have until Sep 2021 to do that?
Thank you!
June 17, 2020 at 17:57
You can delay for months, but should not delay past about April of next year.
June 17, 2020 at 21:24
I was selected for DV this year. I am separated from my spouse but not divorced yet. What should I say in DS-260?
Is there option in DS-260 form: Separated?
June 17, 2020 at 22:30
Separation is a legal situation (proven by court issued papers). If you are not divorced you are normally “married”.
June 18, 2020 at 10:31
hi my name is nahom mulatu and i just won the dv lottery for 2021 year and asked to fill the form DS260 for me and my wife,but i am not sure to fill her as spouse on the application ,me and my wife maried back in 2018 in still togather so how can i now for sure that i won the lottery as a maried couple before i fill the forms. pls help
June 18, 2020 at 19:48
When you open the DS260 your derivatives are listed.
June 18, 2020 at 22:53
Thanks so much for all these informative write-ups Simon….But my partner(fiance) is scared that this information is not up to date and that we getting married before he fills in his form could cause his disqualification….Does he have any reason to worry? Because I personally don’t think so, given that our relationship is REAL
June 19, 2020 at 00:15
Of course its up to date.
You may need to prove the relationship existed prior to the win.
June 19, 2020 at 04:26
Hi Britsi thank you for all your efforts. Igot married to my wife before I filled DS260 though she has three children from her previous marriage who are under 21 .can we include the children and are they eligible for the visas too and if yes what kind of requirements I should possess
June 19, 2020 at 14:05
Yes they are your stepchildren. You proceed as normal (their birth certs, marriage cert and so on)
June 19, 2020 at 17:15
Many thanks for your amazing help.
Can my uncle who is living in USA fill my DS-260 and give his US address for correspondence regarding my case?
June 19, 2020 at 20:00
Yes
June 22, 2020 at 18:04
Hello Brit,
My wife and I both were selected in 2021 dv lottery, her case number is lower than mine (AS 6xx), so we will submit ds-260 form using her case first. The question is shall we also submit a form using my case?
Thanks
June 22, 2020 at 21:17
As long as she meets the requirements you can process on her case.
June 23, 2020 at 19:12
Hello Brit,
Thank you for your committment here.
I am a DV 2021 winner and I was married back in June 2019, have already added my spouse in the entry. I am now in my due month to give birth to our first baby. My concerns are as below.
1, how easy is it to have our baby on board with us through the process?
2, Now with the visa freezing policy declared, can we submit the DS260 form next year before April?
3, I am not sure if I have entered the correct birth date of my spouse on the first entry, is there any chance to review/correct? If not, does this disqualify me?
4, Would there be questions about my marriage during the interview? Or no questions since I am married prior to the entry period? Will my spouse be interviewed as well?
Again thank you for the dedication.
June 23, 2020 at 19:34
1. Easy – I have an article i the FAQ for that.
2. Yes
3. You cannot check it, but simple mistakes like that are corrected by being accurate on the DS260.
4. Both will be interviewed, they normally would not ask many questions.
June 29, 2020 at 13:49
Hy.. my girlfriend has won the dv lottery. We were planning to get married soon but due to COVID-19 boders of my home country are closed and I’stuck here in Australia. She already submitted DS260 as single because of this pandamic we are unknown when the border will reopen. Can she change her martial status as married before scheduling for interview? Will this change in status effect the decision on getting visa?
June 29, 2020 at 23:02
Did you read the article above?
July 1, 2020 at 11:20
Good morning. My case is unique. I won DV 2021. When I participated last year, I filled the form as “Married”. I married my wife in 2001. We divorced on papers in 2006 and there is no answer for “why did you do it”. However, in real life we have never separated in any way, we have lived together always since 2001 but we just never cancelled the divorce or marry again. So since 2001 we have always been together. The Department of State even renewed my wife’s B1/B2 visa in 2013 and in her passport appears her name as married. Also in her visa. Last year also my B1/B2 visa was renewed, and I remember the consul asking me “is your wife in the states ?”. I have had over 7 US visas and have enter the US many times in the past 43 years. I even have an active SSN. To proof our relationship is genuine and no fraud, besides the knowledge the State Department has, we have bank accounts that we share, an US bank account where she appears as beneficiary, passport seals of entering different countries together, passport seals of entering the US together,
airline boarding passes, pictures of travels, friend’s declarations, family reunions and much more. My wife is right now with my mother visiting my sister in Europe. I returned earlier due to business matters. I have not filled form DS-260 yet. I prepare to fill it as “married”, which is consistent with last year’s registration and real life. My question is if you would be so kind in advising: 1) Fill form DS-260 as married ? 2) Should I write a letter together with form DS260 explaining this situation and saying we can marry upon arrival in the US, or before traveling to the US ? 3) Should we marry again before the interview ? In 2001 we also married at church and have never asked for this marriage to be cancelled.
Thank you very much.
German
July 1, 2020 at 19:34
This is one of those times when I can’t answer you because you have created a mess of untruths. It’s against my principles to get involved with that in any other way than to tell you to be truthful. I realize you are trying to fix the mess, but as I say – I can’t advise you.
I changed your name shown to protect your anonymity.
July 2, 2020 at 03:37
Thank you. However, I am telling the truth. I am being truthful. It is the truth and only truth. No, I am not trying to fix anything. We married in 2001, divorced on papers in 2006 but in real life never separated in any way. I have everything to prove it. And I have all types of documentation.She has been my only wife since 2001. If you can consider an opinion, how should I proceed ? Thank you very much.
July 2, 2020 at 22:03
OK – so being truthful you would have to provide the marriage and divorce certificates and that would show that you incorrectly listed her on your entry. THat in itself could cause disqualification, but if you want to take that risk, then at least you know.
July 7, 2020 at 18:45
Hi britsimon
I want to ask about my case , i won this year but when i regesrered for the lottery i regestered as single , i was married 3 months before the regstration but because i did not get the documents during the regstration i submitted as single , should i take the risk and continue the ds 260 as single and the interview as single or if i changed the status in da 260 it will be disqualified
July 7, 2020 at 19:02
Telling the truth isn’t optional. You will be disqualified.
July 11, 2020 at 10:29
Hello Mr Brit
Dv 2021winner here. my marital status changed from single to married but because of one reason or the other, my wife and I have both decided that she will not join with me in the dv process. We want her to come after about 3 or 4 years.Here are my questions sir.
1. Will my marital status being married but attending the interview alone be an issue?
2. After how many years can I file for her after entering US?
3. In view of the foregoing, how best should this answer be “is your spouse joining you later”. Reading through your blog I understand that answering yes means she would have to be part of the process and must travel by the end of the fiscal year which would be too early for her.
I’m sure a lot will be grateful if you could create a content on such topic: married but going through the process alone and spouse joining you after the fiscal year.
Thanks for all the help. May God bless you sir.
July 11, 2020 at 19:44
1. No
2. Up to you. Mmno minimum.
August 1, 2020 at 16:16
Hi BritSimons.
Thanks for the Massive Article! Very Helpful!
I won the lottery as single, and now I’m getting married before the DS-260.
I wanted to know, if my rank number is around 27k, and I’m delaying my DS-260 until the end of August, Am I risking my DV entry visa process?
When is the latest that you can fill the DS-260 without risking your green card?
August 1, 2020 at 16:21
You could delay submission for months with no problem.
When you quote your number, always include the year and region.
August 1, 2020 at 16:23
Thanks Brit!
August 5, 2020 at 01:45
I already submitted my DS260. I choose Ankara, Turkey. I heard Turkey is restricting Iranian to enter to the country. Can I change my place of interview? If yes, How I should do it?
Thank you.
August 5, 2020 at 03:27
You would contact KCC.
August 11, 2020 at 00:35
Hi BritSiomon,
Many thanks for your good worka that you are doing. I wanted to find out if Customary marriage with a certificate issued accepted as a proof of marriage? My home country is Ghana for your perusal Sir.
August 11, 2020 at 01:00
I don’t know the laws in Ghana. You should certainly get legally married – but understand that denials are common in Ghana.
August 25, 2020 at 19:17
Hi Simon, hope everything is going well!
I want to ask you something but first let me explain my situation.
DV Lottery winner with CN AF202138XXX.
I live with my girlfriend and we have a son but we are not legally married, we’ve been living together for about 4 years now. We both enter the program as single with a derivative, our son. She wasn’t selected.
She has a petition currently in process through family based (her mother is a legal permanent resident in the USA). One of the reasons why we didn’t get married is because the time for a petition to be processed for a married daughter over 21 is double then if she is single.
So now we’re i a dilemma, should we get married and take our chances with DV Lottery and risk being denied at interview and have to wait probably 5 more years until her mother’s petition finalize OR should we continue as single?
We know the process of filling a petition for spouse and the money and time that it requires.
After watching all of the YouTube videos regarding the recently published visa bulletin, I became more optimistic about my chances of getting an interview. But we all this craziness (Covid, election, USCIS on the brink of losing 70% of their employees, various travel bans) I’m kind wondering how should I/We approach this DV Lottery.
Unfortunately I didn’t know you existed so I made the mistake of submitting the DS-260 form. Today I wouldn’t do it, cause of the immigration intent and because we (me, girlfriend, son) already have tourist visa.
Appreciate everything you do, its amazing. Wish the current president had 10% of your heart, not just for immigration but everything else.
Best regards
August 25, 2020 at 19:43
Hello brit
This case number is 2021AF138XXX is that not a high number makes my number look current already considering i am 2021AF82XXX
August 26, 2020 at 01:17
I mistakenly wrote 2021 after the region. The correct CN is 2021AF38XXX
August 25, 2020 at 23:43
Your number is good – but there is much that can happen – so I can’t tell you what to do. Perhaps just do nothing for now and see what happens for a few months.
August 26, 2020 at 01:26
Do you know of any success case in regards to “Scenario 3” – marriage after interview and before entering USA?
Thank you so much for the response.
August 26, 2020 at 02:48
no. Its a silly thing to do.
September 5, 2020 at 11:40
Dear Brit Siomon
I won the lottery but there is an issue I am married man end i have two kids an also in the original entry form i put myself as a married man but i want to go alone because of Financial Problems is that possible?
September 5, 2020 at 14:15
Yes – just file a DS260 for yourself (but list all your family members accurately).
September 11, 2020 at 13:42
Hello BritSimon, Thank you for all the information . I wanted to ask you as I have been for e relationship with my girlfriend for about 4 years now and as I won the DV Lottery there was no problem for me to proceed with marriage with her as If I go , I want her to be with me . I have , its silly for me to say proofs that she has been with me , living with my , traveling and sharing moments with me . Before sending the DV application of course i waited for marriage papers and send them to KCC . Do you thing this situation can cause a problem for my DV ?
September 11, 2020 at 18:45
No problem.
September 12, 2020 at 13:14
Hello, As per your instruction I send request to KCC to change interview place from Ankara to Yerevan. They accepted my request.
Do I need to unlock my DS260 to change the place of interview as well?
Thank you
September 12, 2020 at 21:41
No – only KCC can do that.
September 18, 2020 at 10:19
Thanks for this informative platform.
Been married in the traditional customary way for the past 16 years and have 3 children. This customary has no supporting papers but have an upcoming church wedding in Dec2020. Am interested in applying dv2022 but am not clear on what to fill as my marital status. From your article you have clearly explained about new couples but my case is an old but undocumented marriage. Please advice
September 18, 2020 at 18:18
In some countries the traditional marriage ceremony may be considered a legal marriage. BUT the fact that you are planning a wedding suggests that is not the case in your country. So – in that case you should each apply as single, and if selected you can show marriage paperwork and add your spouse.
September 21, 2020 at 07:03
Hi Brit,
Checked your posts and the immigration forum extensively and didn’t find this question – so hopefully it is novel and can help others!
I won DV lottery, very low number (<200). My wife-to-be is in spain and we wouldn't be able to marry until the end of this year due to work/travel restrictions. We were planning on waiting until then to marry and then submit the DS260, but I see theres also the option of myself submitting now and then updating – is there an advantage either way? (mostly timing-wise).
thanks!
September 21, 2020 at 15:36
Given the uncertainties of when you could marry and your very low number I recommend you delay submission until you are married. That avoids complications of getting scheduled before you are married and ready.
September 30, 2020 at 23:49
Hi brit.
I won dv 2020, got my visa issued on the 29th of September 2020.
I found my soulmate and have intentions of marriage in this year.
Due to the ban, most likely I will enter the us, if trump decides to relax his policies, in January as a married person before obtaining the green card.
Is that a problem? And do I have to prepare papers and the translations to prove my marriage in the First entry port?
Thanks
October 1, 2020 at 04:10
No problem. You will not be asked about that at the POE
October 1, 2020 at 18:22
Hi Brit, thank you for all your help. I have learned a lot from your posting. Please i have some few questions.I am a 2021dv winner case number AF25***
I got married traditionally ( customary) 2012 and wedded in 2012 and i have 2kids.But only signed my married certificate in March2019.
1) My question is what date should i use to fill my ds-260?
2) There is a question asked in the ds-260 for how long have you been married. Should my respond be according to my marriage certificate or start counting from date 2012 when i got married traditionally.
3) what if am asked during the interview for how long have we been married, should my answer be according to my marriage certificate or customary and church.
Will really appreciate your response am a little confused. Thanks
October 1, 2020 at 21:03
1. March 2019.
2. Do the math
3. Same as above.
October 2, 2020 at 20:52
Hello,
First let me I thank you sincerely for what you are doing for all. I am Iranian citizen and winner of 2021 DV. I submitted my DS260 July 16th. Month ago I request to change my interview from Turkey to Armenia. Now Armenia is in war with Azerbaijan. If I request again to change my interview to Abu Dhabi (Dubai). Is possible these changes may have negative impact on my case? Your advice please.
Thank you
October 3, 2020 at 01:54
You can do that. No problem.
October 9, 2020 at 01:35
Can I just double check something with you. I got married after selection. I applied for a new passport in my married name which is arriving this week. I am still working on my DS-260. Should I fill it in with my married name and new passport?
Am I correct that I can do that even though it is not the name and passport I applied with?
October 9, 2020 at 20:16
Use your married name since that is your new legal name. The DS260 also has a place for you to list your maiden name.
October 10, 2020 at 18:17
Hello,
Can someone play the lottery as Single and his Wife play the same including his own information as couples, Please is that possible or they will both be disqualify?
October 10, 2020 at 20:05
A married couple can both play – but failure to be honest about marital status means disqualification.
October 11, 2020 at 16:36
Hi,
So my partner submitted a DV 2022 entry when it opened, we have 2 kids both are US citizens. We plan to do a civil wedding in New York in November to make it legal. When he filed his entry he placed 0 to “number of children”. If he gets selected and will do his DS260 and placed me as spouse. Should he put our kids in DS260? Will we get scrutinized why they have US citizenship during the interview? And will it be a ground for refusal if both are kids (5 and 2 yr) are US citizens?
October 12, 2020 at 21:33
No problem – just tell the truth and you’ll be fine.
October 13, 2020 at 23:11
Hi Brit, I want to enter the dv this year and seek your help regarding married or unmarried status. My girlfriend and I have lived with each other for years without a legal married document and we are now living separately and has a 9 year-old daughter that has been legally registered her birth certificate with the two names of us as parents. In my case, what should I select on the part of marital status? Thanks
October 14, 2020 at 03:53
Well you just said you are not married. So – if you have never been married, then you enter as unmarried. However you do need to list your child.
October 15, 2020 at 07:56
Hi Brit,
Im 2021Eu6xxxx, befor I applied for lottery in october i had a wedding traditional ceremony, in november i applied for lottery as single because i didnt have marriage certificate, later in june we had it and added my husband in ds form…is there any problem
October 15, 2020 at 22:46
The question is whether the marriage you performed was a legal marriage ceremony. If it was, you should have entered as married.
October 16, 2020 at 09:25
What is a legal marriage ceremony
October 16, 2020 at 21:39
I think google could answer that.
October 17, 2020 at 06:33
Thank you, of course I google it…we didnt have a legal marriage. Just like a party, music and some guest.
October 17, 2020 at 19:17
Brit mean if you were legaly married when you enter the dv program but you enter as a single, you might be disqualified, but if you marry legaly after having been selected, so you should prove to the CO that this marriage is not a green card marriage. You should prove that you have relations before the results and you marry after you entered the dv program. Otherwise, disqualification is certain.
October 22, 2020 at 11:05
hi BRITSIMON
A FRIEND has just won a DV however the problem is he applied as a married person because he has never filed for Divorce but the wife abandoned the home for some good years and she is staying in another country without any form of communication from her. he has been scheduled for an interview what can he do since the nullification of marriage may take a long period of time.
October 22, 2020 at 20:36
He has NOT been scheduled for an interview. That’s nonsense.
He can proceed on his own even though his status is married.
October 27, 2020 at 12:51
Hello,
I am DV winner and submitted my DS-260.
I got a letter from KCC. They are requesting “You and each family member immigrating with you must submit a scan of an original birth certificate”.
I am not divorced yet (separated) so my husband is out of my life. Plan to take only my kid (He will not immigrating with me at this time, plan to bring him later).
In this case do I need to send his B.Certificate and other requested documents or only send my documents.?
October 27, 2020 at 20:45
Only your documents with an explanation of why your derivatives are not on your case.
For your child, be aware that if you choose to not include him on the DV process, the family based process is more complex, more expensive, and takes around 2 years.
November 1, 2020 at 13:58
Please in Ghana here customary marriage is accepted so upon entryy I said was married but after entry then I when to court to register my marriage what do I do?
November 2, 2020 at 04:56
Make your question more clear.
November 2, 2020 at 19:56
Am married traditionally but I change my wife’s surname to mine when applying to the Dv lottery but I have gone to court to register my marriage what do I do?
November 2, 2020 at 21:20
I don’t know – be clear.
November 3, 2020 at 10:43
Hi Brit, thank you for all your information you have got me through a lot of this process. Just want to confirm in the article when you mentioned end of year, do you mean end of fiscal year (30th September)?
November 3, 2020 at 19:39
Yes
November 9, 2020 at 03:14
Hello Sir,
I am recently married but did not have registered marriage. Neither I have her photo nor she wants to live with me and we want to have divorce as soon as possible. While submiting form what to show in marital status. I cant show divorced as i dont have document and neither can show married as i dont have her 2×2 photo. What can i do as i want to submit form?
Thank You
November 9, 2020 at 04:17
Personally, I believe in telling the truth. But I don’t know laws in your country – so you should decide for yourself what is right.
November 14, 2020 at 03:12
Here is a situation i haven’t seen covered. What happens if I won the green card lottery previously but never ended up moving over. I have been approved for a returning resident visa and need to complete a new DS-260. I didn’t include my spouse on my first DS-260 as we were not married at the time. But now 2 years later we are married. Can I include my spouse on the DS260 this time around?
November 14, 2020 at 03:25
No – you would need to sponsor your spouse once you are in the USA.
December 10, 2020 at 22:53
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 01:04
You should resend ALL documents – for both of you.
January 1, 2021 at 22:49
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 15:37
This is not a DV lottery question.