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
August 9, 2015 at 13:02
Hello Simon my name is Abraham ngole. Am from cameroon. Am a dv 2016 selectee. I submitted my DS_260 form online on the 1of june 2016.i filled as single cos that was what i did in my primary entering. But now i just got married Last month and i wish to take mý wife along. Can i unlock my form and fill married. Please i need your advice on what to do.
August 9, 2015 at 18:36
You need to do as I have outlined above – unlock your DS260 (by emailing KCC) add your spouse to your application and create an application for your spouse using the ass applicant button.
August 13, 2015 at 17:25
Please Simon i wanted to know if it would post me a probleem since i had earlier filled it as single. Also please Simon i wish to ask what kind of other documents can i show as proof apart from the marriage certificate. My wife has no certificate i mean no qualification. Please advice me
August 13, 2015 at 18:37
The derivatives do not need to prove education.
For the marriage – you should show evidence that the relationship existed prior to the lottery win.
August 14, 2015 at 04:30
I wanted to ask, what if you are married but haven’t lived with your wife for years, you still need to provide a recent picture of your wife? how does that make sense? and what if she doesn’t give you one?
August 14, 2015 at 16:27
You need to include your wife on the DV entry. There is no way around that. However, if you list her and do not apply for the visa for her, the accuracy of her photo will never be questioned.
August 22, 2015 at 18:39
dear simon i am a dv winner but i have abit of a question which i wish you can help me with.i played the dv as married.my husband and i have been married for 5 years and a we have a daughter who is 2 years old.we had a short seperation for 3 months which i got pregnant for another man but we got back together at the timewe played the lottery i was pregnant i have now had that child he is not my husbands biological and myhisband is not on his birth certificate but bears his name and lives with us.will that affect my dv visa appliaction?
August 22, 2015 at 20:06
The main thing is who has custody – as long as you have custody, there is no issue with the DV process. If the biological fathers name is on the birth certificate, the father may have rights (depends on the laws in your country), in that case you might have to prove that you have the sole control over taking the child out of the country.
August 22, 2015 at 22:04
dear simon thanks for your quick reply what if i have a letter from the biological father saying he is OK with the child travelling will that be OK ? also i was concern if the fact that i have child born of another father within my marriage affects my application with regards to the embassy doubting my marriage?as my marriage is very genuine.my husband and i have known each other over 15 years even before we got married.
August 23, 2015 at 06:12
The letter is a worthwhile thjing to have. Otherwise this will be fine.
August 23, 2015 at 11:33
thanks again Simon.do you think my application will require administrative processing or will it be straight forward?also my case ref is 2016AF00028xxx I am based in uk origin from Cameroon do you think this is a high case number?about what time could i have my interview?
August 23, 2015 at 16:03
AP is unpredictable.
Your number is fine – rtead this. https://britsimonsays.com/when-will-i-have-an-interview/
August 28, 2015 at 19:54
BritSimon I winer of the dv 2016 I am Algerian and I am subscribing married but me and my wife we been married a religious marriage and After the resultas we saw that it Cliff act of wedding Alore it is doing and it filled the ds 260 es that her pose no problemme
August 28, 2015 at 20:30
OK – I am not clear whether you married legally after the DV results. If you have not – that would be safer unless you are sure that the religious marriage will be accepted.
If you have legal marriage paperwork at the interview – you should be OK.
August 29, 2015 at 19:50
merci
on a fait un mariage religieux en 2011 eu puis on c est inscri ala lottery marrier et apre avoir gagne on a fais lacte de marriage et on a remplis le ds 260
August 29, 2015 at 19:54
thank you
we did a church wedding in 2011 had then c is inscri ala After lottery marry and have won was doing the act of marriage and we filled the 260 ds
August 29, 2015 at 20:00
I am Algerian and knowing that I can not justify religious marriage is to do wedding milk before submitting the 260 ds
August 29, 2015 at 20:06
je suis algarien on sashant que je ne peux pas justifier le marriage religieux j ai fais un acte de mariage et j ai remplis mon ds 260
August 29, 2015 at 20:13
je suis algerien….. on a fait un mariage religieux et on c est inscris maries
et apre les resultat on afais lacte de mariage et on a rempli le ds 260
September 7, 2015 at 01:08
I would like to know about same sex couples. In our country,we can’t get marriage certificate legally. Should I mention as married or what should I do?
September 7, 2015 at 05:01
Same sex couple (who are legally married) get the same rights as other married couple. But you have to be married in a jurisdiction that recognizes same sex marriage.
September 9, 2015 at 16:01
hi, my wife play single and we are marry now, so I’ll be aded to the program now but i have a child from my past relationship which we like to also add. Can we write KCC informing them of the marriage and the child.
Or am I the only one (the husband) that needs to be reported to KCC?
September 9, 2015 at 16:35
You can both be added.
Your wife simply needs to ask KCC to unlock her form. She will update her status to married, and list you as her spouse and your child as her stepchild. Then, she uses the add derivative button to create DS260 forms for you and your child (assuming you both want to apply for GCs). Please remember that you may have to show you have custody of the child.
September 9, 2015 at 17:11
thanks, anyway we have some helping us here. we give him our information me and the child and he only advice KCC of me the husband and never informed KCC of the child. In this case what can we do?
September 9, 2015 at 18:30
You have to list the child in the DS260 – so you have to unlock and correct the DS260.
September 9, 2015 at 17:59
I will be getting married soon and unlocking to add my partner who has a child from previous relationship we won’t be bringing with us. My issue is I have never been married and no kids, just wondering, when I change form to married do I have to list this kid on my ds260 ( never met him) or I should only my new husband add him to his ds260? I don’t wanna say i have kids and then be denied on grounds of not adding on form yet its a stepchild i acquired via marriage. How do i change things on my form?
September 9, 2015 at 18:14
Once you are married, you have to list the child on your form as a stepchild is considered a derivative for US immigration purposes. Your husband will obviously list the child also. If you do not want to apply for a GC for the child to go to the USA at this time you do not complete a DS260 for the child.
September 14, 2015 at 00:45
Hello BritSimon i’m married to my woman after she won the the Dv lottery programme and before her interview i attained a 5 years visa from the US embassy to visit my Uncle who was in terrible condition of sickness due to that i left before the interview and At the moment my wife is on her way to the United States so will there be any interview here in the States when she arrives to prove any legibility of marriage???? Can you please help me out
September 14, 2015 at 02:31
You should have attended the interview. There is pretty much nothing you can do now since the DV year is almost finished. All you can do is family sponsored – but that is a bit more complicated and expensive.
September 14, 2015 at 14:19
I got married 2013 and won visa lottery 2014 but due to financial inability I went as single on the forms and was given the visa.Plz how many years will it take me before I can file for my wife and daughter in Nigeria now
September 14, 2015 at 16:53
Never. You have broken an important rule and lied to obtain your visa. That is immigration fraud – and if you show the proof that you committed this fraud you will be deported.
September 15, 2015 at 07:08
Hello!!! What would the case be if you apply for a DV visa, get engaged to someone overseas while waiting for a response for a DV visa? Would the K1 visa overrule the DV visa? Or vice versa? Or would both be looked into? What would the proper protocol be for someone in this situation?
September 15, 2015 at 10:58
You say “someone overseas” but I assume that someone is a US citizen.
It would be your choice which process to follow. You can do both at the same time since the DV fees are mainly paid on the day of interview.
The DV Green Card is a faster and less expensive route to LPR than K1.
September 21, 2015 at 22:50
hi
britesimon thanks alot.. I count before to read this post it very easy to pass interview with wife really it is so difficult …
for me my wife she is winner(principal) am (accompany) and she submit the first application DV 2016 Married my name show automatically in DS 260 we complete and submit and send based on that Do we need further proof of validity of the marriage with a marriage certificate.
September 21, 2015 at 23:06
If you married after the win was announced, you should take additional proof that the marriage is real (photos, evidence of your lives as a couple and so on).
September 22, 2015 at 16:47
HI simon,
Thank you for your valuable post.
I got selected for DV lottery as single and i filled my DS-260 as single but i unlocked my DS-260 and added my husband. Recently i got my 2NL and my interview is scheduled in October.
My question is, what is the necessary document is needed to be prepared at the interview time to show my married relationship. will you please list out the list. my case no is 2016AS*****80.
September 22, 2015 at 16:51
When did you get married?
September 23, 2015 at 00:43
I got married on 25th may 2015
September 23, 2015 at 03:51
OK – so you need to be prepared to show you had a pre existing relationship. Photos, evidence of trips together and so on. Also photos of the wedding ceremony etc.
September 22, 2015 at 17:33
Hi britsimon warm greeting to u
we marriage before win on march 2014 also the marriage certificate by the Same date march 2014 do we need further proof
thanks so much..
September 22, 2015 at 17:43
So that was even before the eDV entry. So – I hope you entered as married.
In this case take the marriage certificates and so on – that should be enough since the marriage was obviously before the win was announced.
September 23, 2015 at 01:20
You are so sweet britsimon thanks so much
September 23, 2015 at 10:47
Hi BritSimon,
Wanting your advice with my situation. I am planning to enter the 2017 DV lottery and am unsure of a couple of things when it comes to my application. I am engaged to be married but not till June 2016. My fiancé is from the UK and I’m from Australia. We are currently living in Australia and my fiancé in on a De Facto Visa and considered a permanent residence. So when I apply do I select ‘single’ or ‘married’…..? I do realise that we won’t be married until after the results are released, so am just a bit confused as to what to put as my status? Also if I do get selected and I enter as single how does it work if am then married?
Ok so my next question…. I am wondering if my fiancé can apply to? I have done some research and know that he is not from an eligible country, however can use his spouses country of birth as his country of eligibility. But I’m assuming because we won’t be married until after the results he won’t be able to apply?
Thanks for your help,
Fiona
September 23, 2015 at 10:50
Whooops sorry for the question posting 3 times!!!
September 23, 2015 at 15:07
You must not “anticipate” your marital status change – enter as single. You can get married after the entry/win, as described in the article above.
The rule for eligibility through a spouse is based on marriage at the time of the eDV entry. So – technically your fiancé should not enter. Again, as he would have to enter single, he cannot charge to your country as his spouse.
September 30, 2015 at 21:45
What an amazing article. It had answer to all my questions but I am still doubtful about one. I am sorry if you have already addressed this. I hope you will have time to reply.
My boyfriend is from an eligible country (Germany) and I am from an ineligible country (india). I have lived on F-1 (student) and currently I am on H-1B visa and work for a prestigious university in Chicago. I have lived in the US since 7 years. My boyfriend is applying for the DV lottery this year. I am not applying with him as a spouse because we had no time this year to get married, besides I have big issues with H-4 visa (my dependent) holders not being allowed to work. We have decided that if he gets selected, shortly before submitting the DS 260 form, we will get married and will list my name on DS 260. Clearly, this is Scenario 2 in your article. I have proof of our year long relationship and that I have travelled to Germany multiple times and plan to do so in future too. He has spent several months here in Chicago with me.
Q1 ) Will the fact that I am not from an eligible country and/or a German, cause any problems for us.
Q2) When can he enter the US as a Green card holder after the interview? Since he is applying for 2017, can he only enter in 2017 as a GC holder even if the interview is completed in 2016? Stupid question, but I don’t know how interview timelines work.
Thank you so much for this article. I wouldn’t have known that I can benefit from DV lottery as well.
Thanks,
SJ
September 30, 2015 at 22:46
1. No that is fine. The only thing you cannot do (which you could if you were already married) is enter yourself (thus doubling your chances). To have your own entry, but overcome your own country ineligibility, you need to be married prior to the eDV entry. In the scenario you are in, he can enter, and if he wins, you can marry and both will get GCs.
2. The winners are ranked in order, lower numbers get processed first and cases are processed over the whole year. So – winners will be announced in May 2016, and interviews for low case numbers will start on October 1, 2016. Depending on your case number, you might wait until September 2017 for the interview. Once the interview is conducted and case approved, most people get their passport with a one time use visa within about a week. The visa holder can travel as soon as they have that but MUST travel before the visa expires (6 months). Upon entry to the USA they become LPRs (Green Card holders) and then have full rights to live and work in the USA.
October 1, 2015 at 11:00
Hello Brit!
According to Scenario 1 how much time i have to include my future husband to the application form as a spouse? What is the deadline?
Thank you a lot!
October 1, 2015 at 14:03
Well – scenario one is marriage before the results are announced – that is May 3.
However, you can then marry under scenario two – and that could be almost as late as April or May the following year (I.e. a few months before the DV2017 year ends)
October 1, 2015 at 19:53
Thank you for super-fast response! Your articles and suggestions are great and very helpful!
October 6, 2015 at 07:58
I’m kingsly and have these doubt. i have done my traditional wedding two years agoand with two kids with my partner but we ar yet to go in for a court marriage tp obtain a marriage certificate. mu question is
Can we enter the Dv as maried w our present traditional wedding buy no marriage certificate from the court?
October 6, 2015 at 21:10
If you country recognizes the traditional marriage as a legal marriage then you can say you are married. However, the fact that you are considering the court marriage suggests that you don’t think that will suffice. Assuming you do get married by the time of the interview, married is what you should select on the form BASED ON the traditional marriage, but underpinned by the court marriage you plan to do.
Entering as single when you are married leads to disqualification,
Entering married when you are single is not as risky – and would rarely lead to disqualification.
October 6, 2015 at 08:22
Without a marriage certificate buttraditioally marrried in your placee and with two kids, can the partners register for the dvlottery ss married or as singles with Children listed under each. partner as a primary applicant?
I need help
October 6, 2015 at 14:31
It depends whether the traditional marriage is recognized legally in the place where it was performed. If yes – and a civil marriage is not required, then you can enter as married. It is safer to say married when you are not married than saying you are single when you are married.
October 7, 2015 at 18:39
as a principal applicant must i travel with my family together on the same date or i can travel and my family can follow at a later date with their valid visas.
October 7, 2015 at 21:37
You can travel on different dates – but no derivative can enter before you.
October 8, 2015 at 17:07
Hola SIMON, thanks so much for your great post…..I was womdering how you financed so much helps and time dedicated to this……
My case, living in chile, with my second partner, mother of my 5yrs old Sara 3 of us living together since 2009 in Spain then in Paris later in boston and now in chile. Never married (I dislike failing to promises twice….) Officially divorced in Spain from my first partner in 2008 with who I had two children today 15 an 11 who live with their mother in Spain. My second (current) partner chantal is French officially divorced and she has a daughter 17 who lives in Paris with her father. Both of us qualify on training and experience.
First question, independently of how much we have proved and lived together with my current partner, the fact that we have a girl together with the birth certificates and family book official, if we do not have a “marriage”
We cannot apply as couple together right?
in case of separate application and one of us gets awarded unless at one point of time according to your different scenarios we marry, there is no way we can benefit one from the other’s award, right?
Ok assume we apply separately, my current partner has to apply (not with me but alone) with her own daughter and also with our daughter together, right?
Same applies to me, I have to apply (alone) with my two children and the girl I have wi her.
Thank you very much,
Pere
October 8, 2015 at 18:11
Hola Pere, I work in IT for a living so my only financial reward for the BritSimon work is the kind donations I receive toward the treehouse project. You can read about that here – https://britsimonsays.com/donate-here/
Wow – your case is a complex one! I had to draw out a family chart to make sure I got it!
So – you have some options.
First – you cannot enter as married unless you are legally married. Sharing a child does not count as married. You could marry before the lottery entry, but that is probably not necessary.
So – you can both enter as “divorced” (not “unmarried”). By the way, if you win, that means you will need the marriage and divorce certs from your previous marriages.
For your entry you would list your three children (15, 11, 5). If you win and don’t want to take the two older kids you would not submit applications on their behalf but it is ESSENTIAL you list them on your entry.
Same for your wife – she would list her two children (17 and 5).
Both must be careful to use your own country of birth as the country of eligibility. If you were born in Spain and France, you are both eligible with your own countries – and both have identical chances (EU region). If either was born elsewhere, let me know, it might change my advice.
Now, if EITHER of you win, you would need to marry (keep the promise this time!). Once married you would process as a family of 3, or, if you wanted, you could include any of the three older children (assuming custody and parental permissions were not an issue). If those older kids could achieve US citizenship (5 years), your ex-spouses and their new partners (if married before the children turn 18) could get LPR status down the road also. Just something to consider.
October 8, 2015 at 20:44
Hello mr Simon, my nephew is in situation where he played the dv entry as married him and his wife, they live together for 4 years since they had a customary wedding in family and the white wedding ceremony in church, but never been in the officer marriage department for the civil wedding, they now did the civil wedding ceremony after may dv win, in his country the marriage which is legally recognized is the civil wedding ceremony, can he and his wife be disqualified by CO for having the civil wedding ceremony after may dv win?as they played edv entry as married?verly concerned please advice.
October 8, 2015 at 20:47
At most embassies he would not be disqualified. He should provide proof of the customary wedding, and then all the paperwork for the legal wedding. That should be OK.
October 8, 2015 at 20:53
Thank you mr Simon.
October 15, 2015 at 19:07
Hi Simon, sorry if I am repeating a question, just need to clarify things. I and my boyfriend are planning to apply and both of us are illegible. We are planning to get married in May, few days after results are announced. Clearly we fall under scenario 2. Don’t we have to mention anything about this in the application form? I first thought of adding each other as spouse in the applications since we will be married before the interview. Is it unlawful to do so?
October 15, 2015 at 23:57
There is no advantage to listing your boyfriend in your edv. It is against the rules. Just enter as two single and get married as planned.
October 20, 2015 at 09:00
Hello i am Gauti, my girlfriend has won the Dv lottery for 2016, so we have filled the ds 260 form as a couple, we both from africa currently studying in India. How should we proceed so that our application form won’t be rejected and we won’t be disqualified? We’ve been dating for 4 years so far. Please i need someone to help us not miss this. Thanks for ur replies, my email: [email protected]
October 20, 2015 at 13:56
You need to be married – follow the instructions in the article above.
October 20, 2015 at 20:41
Hi BritSimon,
First of all, thanks so much for this information, it has been really helpful.
My (annoying) situation: I am a New Zealand citizen, however was born in England. My dad is a Kiwi, however my Mum is Irish. From my interpretation, this makes me entirely ineligible.
My partner is a born and bred Kiwi, he has entered for the 2017 DV. We are not married and so he entered his application as such.
I was hoping you could clarify in regards to:
“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”.
No matter if we get married before him being selected/applying/interviewing, because of my own ineligibility, I cannot be added onto his application form? Or put the other way around, I would have had to be his “spouse” on the form when he first entered?
Sorry, you probably get the same questions again and again, but your help is greatly appreciated!
Melissa.
October 20, 2015 at 21:41
OK – there are two things that you need to consider here. First – are you already eligible (you may be). Second can your partner enter you on the form or include you if he wins.
Lets deal with the 2nd thing first. The text you quoted relates to people that want to enter charging to a the birth country of a spouse. That has to be based on a legal marriage prior to entry. So – that route is out. However, if your partner enters and wins, he can then marry you and include you in his processing. That would not be difficult – especially as you can show an existing relationship. For this option you can marry before or after selection, but to make life simple, you would marry before interview (which would be at least 1 year from now.
OK so the other question is, can you enter in your own right in order to increase your selection chances to 2 entries.
As you say, being born in England makes you ineligible. However, there are a couple of ways to overcome that. One is via a legally married spouse. You would marry your Kiwi BEFORE the eDV and you could now enter – that is the way that comes with caveats that you both have to prove education as principal selectees.
The other way is more interesting to you. If you were born in an ineligible country because your parents were there temporarily at the time of your birth, you can choose either of their countries of birth, as long as that country is not the same as your country of birth.
So – IF you can explain why your parents were in the UK you could choose New Zealand or Ireland. You don’t mention whether your Mum was born in southern or Northern Ireland. If Sothern Ireland that is very clearly NOT UK. If NI, you can try to claim that NI is not part of the UK as the USA defines it for immigration purposes.
You would actually choose NZ since OC has the best chances of selection (by far).
So – maybe this is an option for you…. let me know if you want more info about that.
October 21, 2015 at 19:35
Wow thanks so much, this has been extremely helpful.
My parents were working in England at the time, I believe my dad obtained residency to do so, but he can’t remember. Does this alter things at all?
I may just give it a try- you have to be in it to win it- should I not be eligible, they won’t ban me from the states permanently or anything crazy like that right?
I couldn’t find an “about” section on this blog- how are you so well versed in U.S immigration instructions?!
Many thanks again!
October 21, 2015 at 21:08
If they went there as directed as a multinational company, that is the perfect scenario. I would suggest you enter – there is no downside (like banning).
I am not a lawyer – I know a lot about DV, but that is all. 🙂
https://britsimonsays.com/britsimon-biography/
October 21, 2015 at 13:30
Hi! I just applied for dv 2017. I have chosen married in the marital status section. I considered myself to b married but we only hold a religious document. Would that be sufficient or are we considered an unmarried couple? Thank you in advance.
October 21, 2015 at 14:22
It depends on the laws in your country. If the religious ceremony carries full legal rights, then it would be enough. But in some countries there is another “civil” wedding – and that is what is then needed to be considered married.
October 24, 2015 at 12:12
For married couples who wish to apply, only one application should be submitted or each one can apply separately in order to multiple their chances of winning?
October 24, 2015 at 14:25
1 each.
October 29, 2015 at 02:42
thanks a lot for this helpful post …
If I am planning to marry , but after the registration , will I become disqualified if I put her as a spouse at time of registration ?!
and will there be a difference between this case ( married at time of entry ) and the other case ( getting married after winning ) in terms of needed time to get the green card … ?
October 29, 2015 at 04:11
There is no need to list your future wife. If you win, you get married – no issue.
November 2, 2015 at 20:51
Hi Simon
I want to double check with you the fact that I don’t need to bring my 5 months old kid to the DV interview(My wife is the principal applicant). thanks a lot.
November 2, 2015 at 21:23
You should take the child if you want to take the child to the USA!
November 4, 2015 at 02:40
Hi Simon,
You are doing a great job here. Thank you so much.
I am from an ineligible country but currently engaged / married (this is because we registered our intent to get married at the local marriage registry before DV entry but it will be formalized on a date after DV entry due to local laws) to my girl from an eligible country (Belarus.)
We both entered seperate applications (i claimed eligibility through spouse’s country of birth)and listed each other in our entries as married. We are also expecting a baby.
What are the chances of getting the visa if any of us gets selected for the DV-2017?
November 4, 2015 at 02:55
If she wins, it will be OK since the marriage will qualify you to be sponsored by her. If you get selected, you will both be disqualified, because you are not married yet and cannot enter/charge to her country unless you are married at the point of entry.
November 4, 2015 at 16:47
I just got married after winning DV and just unlocked to add my new spouse. I listed his son from a previous relationship though he wont be moving with us. Should we fill out a DS260 form for him? I was doing AOS but may need to change to CP since spouse doesnt live in the US but when I unlocked there is nowhere for me to change that option, it just says “USCIS”. Do you know how i can change that? M number is AF29*** and guess there is still time to have all reprocessed but just wanna make sure I do everything right before resubmitting unlocked form.
November 4, 2015 at 16:51
If the child is not emigrating you list him on both yours and your husbands DS260 but you don’t complete a DS260 for the child.
Regarding your process you can change the address to an address outside of the USA and that will cause a CP case. However, you may also want to do AoS for you and follow to join for your husband. In FTJ, you have your Aos case processed and then file an I-824 to request a consular interview for your husband. Given your case number is not too high you could complete that process in good time.
November 4, 2015 at 17:37
Also with an AF29*** if i continue with my AOS and do FTJ for him won’t i be risking it as far as timeline is concerned? because there isn’t guaranteed that the AOS stuff will move fast right? Isn’t it that CP cases get scheduled faster than AOS?
November 4, 2015 at 19:50
AoS cases can be filed a few weeks early. If you take advantage of that and push your FO you can progress your case quite fast. If you don’t want that hassle – do CP.
November 4, 2015 at 17:28
I juat realized last night I added both him and his son to the form where it says add “applicant”…..I am now freaking out becoz it now has both of them listed as “accompany” they generated ds260 form i have to fill out. We are not bringing the child who lives with his mother. Wat do I do now? Can I have the child ds260 removed? I am freaking out.
November 4, 2015 at 17:31
Simply don’t submit the DS260 for the child.
November 6, 2015 at 01:53
Hello Simon
Thanks for all this info. My husband and I got married last month and now preparing for our DS-260. I have taken his last name, should I apply for a new passport in my married name or continue the process in my maiden name?
Thanks!
November 6, 2015 at 22:35
Apply for a new passport. Fill in the DS260 with the old passport number (and new married name). Then unlock the DS260 and update the passport number once you have that.
November 16, 2015 at 23:39
Is there a problem with using her maiden name for the process? I ask because I’m in similar situation but we went ahead with her current name.
November 17, 2015 at 01:01
Not everyone changes their name during marriage, BUT everyone should apply with the current legal name. That means if someone changed her name by a legal process (as can happen during marriage) that name is the legal name that should be used and the forms include a place for other alias names.
November 17, 2015 at 06:38
So if the current passport has the maiden name, she can/should fill ds260 with that and then fill alias with husband’s name, right? Since the ds260 is asking for name “as it appears in passport.”
November 17, 2015 at 06:50
LEGAL NAME!
The expectation is that the passport should reflect the legal name.
November 17, 2015 at 08:48
Lol.. Calm down sir. I can understand your frustration with many questions and some seemingly “useless” and “obvious” questions but you see, the legal administrative document concerning the change of name does say “all documents bearing previous surname are still valid.” And that’s why I’m asking.
November 17, 2015 at 15:12
I’m perfectly calm. However, you have asked my advice, I have given it. Now you can choose what to do.
November 13, 2015 at 12:43
Hi Simon
I’ve got the visa this month (Egypt) – should enter USA before end of March 2016
I’m single but I’m Planning to marry at Feb 2016
1- please tell me in steps what to do to go through scenario 3 , how long does it take
2- will this option be affected if I entered USA and back again before marriage ( just to make sure activate my Visa)
3- Is the option of follow-to-join valid for me ( no AoS)
Thanks
November 13, 2015 at 14:42
If you want to do scenario 3 you have to marry before February, you need to marry and then get an appointment at the embassy, plus then get the visa – all that must happen before you enter USA.
Once you have activated your LPR you could sponsor your new spouse BUT that takes about 2 years.
November 15, 2015 at 18:55
mine is that my country is not legible for the dv , so i want to know if i can claim legibility from my wife country.and we ar legally maried.
November 16, 2015 at 01:29
Yes you can charge to your wife’s country.
November 16, 2015 at 01:29
Yes you can charge to your wife’s country.
November 18, 2015 at 13:23
very informative
November 30, 2015 at 09:14
Dear Mr. Simon, Thank you very much for your continuous support and guidance.
Here are my Questions
#1. In my first form i filled as single as i was not married but we were in a relationship for over 10 years. then after we got married and now we are living together and we have on child.and in my DS form i filled married but i also filled that i am going alone and they will follow later, do my wife need to fill a separate form,like do i need to add her in as an applicant or how do i go
#2 when we decided to get married we were 3 month pregnant, we got married after she was three month, does this make any harm to the Process (DV)?
#3 if i decide to get them after i go to the US (if i get my Visa) can they still be considered eligible for to the process.
#4 if you can suggest me where to find enough info on these issues if in case i need more elaboration
Thank you in advance
November 30, 2015 at 14:36
1. You can do that (although it is a bad idea). If she is not going you don’t complete a DS260 for her.
2. No issue
3. Once you have entered the USA you would need to sponsor your wife and child. It is expensive and will take around 2 years (hence why I say not taking them is a bad idea.
4. REad this site and read the instructions you were given in the 1NL.
December 1, 2015 at 11:04
Dear Mr. Simon Thank you again for your valuable information, my reason for not to accompany them along with me was that we would be going in to somewhere where we don’t know a thing and we don’t want to end up looking for help, but if i go there first and make things arranged then they will join me later. i have some more questions, if you don’t mind.
would it be late if i decide to unlock my DS and amend their status as to go with me? My case No is AF21xxx i recently unlocked and edited my work status in early November.
If yes what documents do we need to prepare before hand.
Second question how much do you think will it cost if i have to sponsor them later, i understand the time you said two years but the cost can you give me a range if possible.
Thank you so so much for your help so far
December 1, 2015 at 14:33
They don’t have to travel with you, you can enter first and they can come later, as long as it is within the visa validity (6 months).
Yes you can unlock and add them now.
The instructions describe what they need – link below.
http://travel.state.gov/content/visas/en/immigrate/diversity-visa/if-you-are-selected.html
As for the family based costs, I don’t have the exact numbers – but there is a big difference in the ease of the process, time, requirements for your financial stability and so on. Really it is hard to explain how easy the DV process is compared to the other method.
January 12, 2016 at 04:54
hi dear ,
i didn’t list my wife in my first entry , only in DS-260 , i know this was wrong in somehow,
they embassy call me to prepare the documents for my interview 2 of feb and give me instructions for medical check, police clearance… etc ,
do you think i have to go or just email them that am not coming for the interview since i have mistake in my applications and i don’t want to lose money visa fees, medical check fees and the rest..
please advise if you was in my place what you going to do ?!
January 12, 2016 at 05:00
If you were married prior to the eDV entry, you will be disqualified. If it were me – I would not spend the money on medicals and interview fees…
January 13, 2016 at 13:57
Hello My question fall under scenario 2:
detail description.
1.
Actually my girlfriend filled 1st letter as unmarried and she got selected for dv 2016. My case no is 2016AS****58**. before she got selected we were planning to marry but due to some family issue we were unable to marry. (coz her mother was expired on 2014).
After she got selected i was not sure to apply as married or single. so first she filled DS-260 as unmarried on 27th may 2015 and after some month we discussed that we might fill as married. there was same case to the person i know and suggested me to unlock ds-260 and fill as married.
later on i unlocked DS-260 by mailing KCC and filled my DS-260 as married on 26th July 2015. Due to some problem we didn’t marry as weeding ceremony. but we married in court. (did court marriage legally). we have court marriage and marriage relation certificate of date 25th June 2015). currently waiting for my 2NL.
2.
As you mentioned in proof of relationship. i have some question.
a). since we didn’t marry as weeding ceremony but we did court marriage. as we doesn’t have our weeding photos, but have photos taken in court marriage.
b). we have legal marriage certificate prior to the date of unlocking DS-260. (it is ok or not)
c). Joint bank account after the date of re-submitting DS-260 i.e. 7th August .
d). we have bought land and it is registered in our name of husbands name and wife name both name is included.
e). photos after marriage is more then before the marriage. (there may be problem or not as in concern of photos is less before marriage)
These are my queries.
All these mentioned document i can provide in Interview.
any more document is needed then please list me out. and there will be any problem in my case or not, as i resubmitted ds-260 as married.
I’ll be thank ful to you
January 13, 2016 at 16:40
Please try to keep questions brief and on salient points.
Take as much proof as you can take. I can’t list what you might have – so put yourself in their shoes….
January 13, 2016 at 14:20
one more question. approx when will i get 2NL, my case is 2016AS****58**
January 13, 2016 at 16:41
2NL around May/June
January 18, 2016 at 10:23
please, i got married officially after entering the lottery, if i win i want to travel alone but i also want to update my status to married. so that it will be easy when my wife decides to join me later. is that possible please
January 18, 2016 at 15:32
That is possible BUT it won’t be easy to bring your wife later. DV is easy, the other method takes about 2 years.
January 25, 2016 at 12:59
Hello Brit,
What I have done the traditional marriage and used it at the point of entry and we had a child after the lottery registration.
Please what do I need to prove the marriage,since traditional marriage you do not get a certificate?
But we can also go to the court and get one to prove that.
Please advice.
January 25, 2016 at 17:29
Proving a traditional marriage is more difficult. You need proof such as affidavits from officials and guests at the ceremony – plus photos. A court process is obviously preferred.