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
January 26, 2016 at 05:58
Dear Simon!
Thank you for everything what you do here.
We are remarried after result. But we have our 3 children before result and we put on ds 260 already.
Is that will be any bad reason?
January 26, 2016 at 06:10
No nothing bad as long as the children were included on the original entry.
January 29, 2016 at 20:44
Hi sir, ur blog is really useful. i’m engaged to b married next month(february) case number AF21xxx. sir, after my wedding will it be a good idea to unlock my ds260 and include my husbands name, or let it be travel alone and and later on sponsor him. your prompt reply shall be highly appreciated. Thanks
January 30, 2016 at 02:59
You should unlock right now – before you go current. Then, once you are married, add his details and resubmit the forms. That way, you will both be processed at the same time. Doing anything else would be foolish.
February 2, 2016 at 12:52
Hello Simon,
This article is very informative. Thank you very much.
I personally only found out about the date of the interview 2 weeks before, that only gave me enough time to get documents and translate them. My fiancé and I were planning to get married later this year or next year. But since I will be leaving shortly, we want to see if we can get married now and leave together. I have already had my interview and was granted the visa. I don’t know who to approach or how to proceed. I also don’t know if we can get married and update my status regardless of if he is granted a visa (in case we can’t), so that I can petition for him once there as my husband.
Thank you in advance
February 2, 2016 at 14:46
You can only contact the embassy and see what they say.
February 2, 2016 at 16:22
hi simon ,
i want to ask you about what happened to me and i need your advise ASAP please,
i go for the interview today with my wife
he told me everything is good in your applications and you’re so close to the visa but we need extra 3 things to be managed from you ASAP ,
i said ok what is it,
he said your sponsor have a case in FBI and he can’t sponsor you in the US you need sponsor from another american citizen, do you have any ? i said i have relative and friends and i’ll contact them As soon as possible ,
he said ok ,
you need police clearance from Jordan because you was there for 5 years , i said ok i’ll bring it ,
he said you need also a Kuwaiti birth certificate since you porn in kuwait , i said no issue ok
he tell me you need to finalise and send this papers ASAP before end of feb and try in one week so we can issue a visa for you i said i’ll try my best ,
now he give a paper written
Dear visa applicants ,
this office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under the following section of the immigration and nationality act, the information contained in the paragraph marked x pertain to your visa applications please disregard the unmarked paragraphs.
sections 221 (g) which prohibits the issuance of a visa to anyone whose applications does not comply with the immigration and nationality act or regulations issued pursuant thereto the following remarks apply in your case,
*please provide a Jordanian police clearance for persons named WXY and WXY original birth certificate and translations to english for WXY and WXY and please provide an original affidavit of support form I-134
please simon tell me what is I-134 and how i can do it correctly ?!
another questions this mean i still had a chance or all visa’s will run out before i finish my requirements
please advise me what you think ?!
by the way interview was great and the people are so friendly
February 2, 2016 at 16:55
I’m surprised you were so unprepared at the interview. Did you not read the instructions at all?? You still have a chance – but you need to act fast and accurately. Get the documents you were asked for and get them to the embassy ASAP.
For the I-134 you can read about it here:
https://britsimonsays.com/all-about-public-charge-affidavit-of-support-i-134/
February 2, 2016 at 17:06
yes the CO tell me you didn’t read the instructions well, he was very nice man and he help us so much even i ask him for paper for the Jordanian embassy he give me,
anyway i’ll try my best ,
thank you for all things you do for people here ,
regards,
February 2, 2016 at 17:09
I’m glad the CO was so understanding/polite. Good luck!
February 2, 2016 at 17:45
dear simon,
in the sponsor form i-134 the person should mention my name only ?! or me and my wife as he sponsor both of us ?!
i suggest please make example of i-134 it’s will help a lot of reader
February 2, 2016 at 18:24
The sponsor should mention you, but it covers your derivatives.
February 4, 2016 at 01:30
Hiya Simon, thanks for all of this excellent info. I and my boyfriend have both entered the lottery due to be drawn in May this year, and we plan to get married if one of us wins. However, I heard a horror story from a work colleague yesterday, where he got married (his partner won the lottery) and effectively it put her case number to the end of the line, and it didn’t get drawn so they didn’t end up getting an interview. I haven’t heard this anywhere else. Is it true? Does unlocking your case file to add a spouse push it to the end of the line? Many thanks!
February 4, 2016 at 02:17
No it is not true. The person is adding 2 + 2 and telling you it equals 5.
February 4, 2016 at 03:05
Hmmm. Perhaps they just waited too long to lodge their DS260 – is that something that would cause this sort of thing? Thanks again – buying you a coffee now.
February 4, 2016 at 03:08
Delaying submission of the DS260 could do it, yes – and that might have been what happened, but it is more likely the case number simply never went current.
February 6, 2016 at 18:07
My situation is similar, we are an unmarried couple, but in addition we have a daughter. We followed caredully the instructions and we entered 2 different applications both with our daughter. Then last May I have been selected with my daughter. My fiance wasn’t selected. We are a family and we live together. Our case is in EU and we’ll have the interview on April 2016. My fiance is the mother of my daughter but it seems that she can’t be considered a family member. Do you have any suggestions? Thank you
February 6, 2016 at 18:15
One very simple suggestion. Unlock your DS260 and get married immediately. Quite frankly, no other plan makes sense.
February 8, 2016 at 12:40
please thanx for the reply, but if i want to travel alone but as a married man. do i still need to prove my marriage? will they need cert alone or with pictures. will they want to know why my wife is not going with me?
February 8, 2016 at 14:31
THey will probably want to see marriage documents yes.
February 10, 2016 at 22:24
Hello Simon,
Your advice has been very helpful throughout my whole DV lottery process.
I picked up my passport today with the Visa and everything in it. I called my consulate as you advised me the other day about my fiancé, and they said I could not get married and include him in my case at this point. However, the only option for us now is to leave and petition for him later after activating my lpr. I have been looking everywhere, and I can’t find information on if I can get married now although my papers say “Single”, or travel and receive my GC and then come back to get married, which would cost a lot of money. Does it say anywhere that you cannot get married before leaving for the first time?
Thank you very much in advance.
February 10, 2016 at 22:29
If they won’t add him to your case now, there is no harm in marrying him now. Sponsoring him will take around 2 years – so you will be apart for most of that time as you have to establish yourself in the USA to be able to sponsor him.
February 10, 2016 at 22:57
Even though my visa says Single? Won’t the officer at the Port of Entry have any problems with that? I could always tell him that I got married way AFTER receiving the Visa, I was really afraid that they would deny me entry to the USA because my visa says something and my marital situation says another thing EVEN THOUGH it changed after issuance of the Visa.
February 10, 2016 at 23:51
Why do you think they will ask your about your marital status at the POE?
February 10, 2016 at 23:55
Won’t they? I don’t know what they ask. I am trying to make sure that if they do and I tell them I am married although my Visa says “Single”, and that after I tell them I got married after, it would be no problem.
February 10, 2016 at 23:58
They won’t. If they do (but they won’t) just tell the truth. There is no problem.
February 11, 2016 at 00:02
Thank youuuu that is such a relief!
February 17, 2016 at 15:51
Hello Brit Simon,
Please if a DV winner gives birth either before the interview or after the interview, what will be the state of the child with regards to the child also getting a green card? Will the child be allowed to travel with the parents to the US? I am asking this question because the details of the unborn child couldn’t be added to the names of derivatives to go with the principal applicant. Please help…..thank you.
February 17, 2016 at 18:39
https://britsimonsays.com/how-to-add-a-newborn-child-to-the-dv-case/
March 13, 2016 at 12:16
Dear Simon,
Thank you for the support that you give for people here,
I just receive my visa, am so confused so I need to take your advice.
can I travel to the state for 2 month to take the green card and travel back, if yes how I can maintain my citizenship and green card ?!
When I land in America what the first thing I should do ?! should I go to the us citizen ship department to apply for green card or what the steps I should do after enter the states ?!
I heard from someone that I can take temporary passport for 2 years instead of the green card ?! it’s correct or not ?!
Can I extend my visa expiry date since they give me 5 month only I need 6 months to be ready to travel?!
Please answers my questions and paste information’s links if available
Regards,
March 13, 2016 at 15:33
Please number questions in future.
Yes you can go and come back.
Your GC will be ordered when you enter (assume you have paid the fee).
You can leave for up to 1 year for the first trip, 6 months after that. If you need to be out of the States for longer than 1 year, you can apply for a re-entry permit which used to be called a white passport. That is good for up to 2 years.
No you cannot extend your visa expiry date.
March 15, 2016 at 15:01
hi simon ,
if I spend couple of month in new York , after receiving my Green card & SSN it is Ok to movie to another city like Miami or any others & live there change my address in USCIS noting I have a support affidavit of support which the person lives in NY ?!
March 15, 2016 at 15:58
Yes, no problem.
March 16, 2016 at 14:22
Hi Brit,
I am Massa, a winner of DV 2016 case no 2016AF00015xxx. However, I was interviewed along with my spouse. We were disqualified because the CO claims that one of our documents especially from my spouse was fraud. We were disqualified without due process. But surprisingly, when I check NVC website, our visa still ready while the CO said we are disqualified from the DV program. Realistically speaking Brit, all of our documents are genuine.
We are in the process of seeking Legal representative abroad (USA), we kindly write to seek your advice and direction
thanks,
Massa
March 16, 2016 at 14:59
The update to the CEAC system is not always done by the embassy. However, that lack of an update does not mean you were not disqualified. The CO has absolute discretion on your case. There is no formal appeal process. If you are the principal selectee it is unusual for the denial of a derivative to cause the denial of the principal, BUT I suspect that the CO determined you were complicit in presenting false documents to obtain immigration benefit. That is a serious matter.
I am not sure what you hope to achieve by seeking legal representation. I suspect all you will achieve is spending your money. Further, using a lawyer abroad simply means the lawyer has no understanding of local matters of influence at the embassy. If you want to try and ask them to reconsider your best chance will be someone working with the embassy locally.
March 17, 2016 at 14:51
Hello Sir, i have been deny two times the first was a conference and the second was visiting invitation. my question here is can i still apply for the dvlottery program ?
March 17, 2016 at 23:42
Yes, the previous denials were for NON immigrant visas where you probably were denied because you failed to prove that you would return home. For an IMMIGRANT application, that is not an issue.
March 24, 2016 at 09:09
Hi, BritSimon
could you please help me with my situation. I must decide when it will better for my marriage. My girlfriend and I live together about 5 years but we didn’t get official marriage. And if I will win the lottery I will relocate alone because of my girlfriend will be study in an university about 3 years (she will graduate in 2019) and family visa will be good for her. So I have 3 choices:
We will marry after results and before an interview. In this case do I need to add her in applicants in first page of ds260 and what I must answer on question “Is your spouse immigrating to the U.S. at a later date to join you?” yes or not if she will not go by lottery visa and will go later by family visa?
Next choice: we will marry after an interview and before I enter in the USA (before I will get a green card). Can I do this and if yes what I must change in documents in this way?
Or a better way to do this – will marriage only after I will get a green card?
I know that it’s too early to ask that question, but this question disturb me. And I tried to find out an answer for this question by internet with no good results – there are only questions but no answers. Also I wrote to Consular officer, but he didn’t answer to me for that question.
Thanks
March 24, 2016 at 14:06
1. It’s totally your choice – all choices will work.
2. Win the lottery first!
March 28, 2016 at 22:49
I get visa and supposed to takeoff to USA so what i expect about job and living room
March 28, 2016 at 23:46
What do you expect?? I don’t know what you mean.
April 1, 2016 at 08:30
dear simon, please help to advise if i and my fiance will marry one month after interview, which is the best way to bring him with me after i enter US?
April 1, 2016 at 18:43
Why on earth would you not marry before the interview. You will make an easy process a much harder one.
April 11, 2016 at 17:09
HI Simon,
My husband it’s Japanese and I’m Colombian, we are both residents in Dubai (permanent residence visa) we would get married after the results of the visa. My question is, where do we apply ? Where do we send all the documents? An embassy in Japan, Colombia or here in Dubai?
Are we going to have separate interviews, do we need to travel to each other countries?
Thank you in advanced!
April 11, 2016 at 18:30
You complete the forms (DS260) online. Then you wait to be scheduled for interview which takes place at an embassy in the country of residence. You will interview together.
April 15, 2016 at 13:16
Can you please clarify if any of the above applies if only one person (the applicant, obviously) is eligible? What if the partner is not independently eligible for the visa lottery?
April 15, 2016 at 14:46
The derivative is not required to prove eligibility – it is based on the principal.
April 19, 2016 at 20:58
Hi Simon,
I got selected for DV 2016 and am from an eligible country. AF46xxx. My wife is from an ineligible country and she got selected as well, she applied based on my country of birth, her CN AF47xxx. We got married over 4 years ago.
Both she and I submitted DS260. I put her as a spouse on my DS260 and she put me as a spouse on hers. Any issue with this?
Many Thanks,
Matthew
April 20, 2016 at 05:27
No issue – but both of you will be expected to meet the education requirement – and will both have to enter the USA together for the first entry.
April 20, 2016 at 11:41
Hi Simon,
Just to make sure, as my case number is the lower one we will probably only need the 1 interview. Is it then still the case, as I am from eligible country as principal applicant, that she needs to meet the education or work requirement and enter US together for first entry?
If we are granted the visa on basis of my DS260, I guess we would not have to show up for the interview when her case is scheduled?
April 20, 2016 at 13:03
Yes – if you go ahead on your case, only you would need to show education – and the case is more “normal”. You then don’t process her case.
April 20, 2016 at 17:45
Ok great so if we get visa on my case we shall ignore her 2NL when she gets it. Many thanks Simon!
April 20, 2016 at 18:22
You may get scheduled in the same month, and you may find her interview is first. However, given that YOU have to meet the requirements in HER interview, your best shot will probably be YOUR interview.
April 20, 2016 at 16:55
Hi Simon,
I have gone for a DV interview in 2007 as a spouse but wasn’t issued visa, but I have been divorced and married again. I was selected in DV 2016 with my spouse and son. What are the documents I need for interview, please I need your advise.
April 20, 2016 at 18:25
You need to read the instructions. They list the documents you need to show.
http://dvselectee.state.gov/
April 21, 2016 at 09:15
Ok Simon got that one thing I forgot to tell you my husband is a Ghanaian and I am a Sierra Leonean an we live in SL. Does my husband needs any extra document beside his passport, birthcertificate. please advice.
April 21, 2016 at 13:56
You should read the instructions carefully to check what documents you will need for your particular circumstances. http://dvselectee.state.gov
April 21, 2016 at 17:27
Hello simon, thanks for ur endless effort to help us.please is just need a liytle advice from you.my problem falla in scenario 2.I actually unlocked my ds260 for a week ago to add my husband and I created an ds260 for for him also.my case no is af37***.my question are
1-while I be current for the next vb?
2-what are yhe proof of a bonafidel marriage.the ones I have are civil marriage certificate n pictures. Traditional marriage pictures.pictures of when I was pregnant which I was standing with my husband noy yet married at the time but was pregnant with the baby pump, and photos of the new born baby with us that finally died after 2 days of delivery. I also have a hospital book to prof that the baby died.pls I wish to ask if I will need a death certificate foe the 2days ols baby.
3-pls simon what other thing is required to proof .? What of a joint account n landed property.
April 21, 2016 at 21:46
1. Probably.
2. The proof you have sounds fine. It would be wise to obtain and provide a death certificate for the infant.
3. Please take some time to read the instructions. You need to show various documents and most is explained in the instructions.
http://dvselectee.state.gov/
April 21, 2016 at 17:43
Pls brit I also forgot to ask abt my husband s case.am the principal winner and I hv all my education al qualification s but my husband has none but is a business man.will this affect our visa issue. Thanks
April 21, 2016 at 21:46
Only the principal selectee has to meet the education requirement.
April 27, 2016 at 07:54
Is it possible if I and my gf live different countries but someone wins.
for example I live in the state and my gf live in other. I am student f-1 in of status and asylum pending.
if I win or she wins what should I do ?
can we do interview in different country ?
April 27, 2016 at 14:17
Well you can only process together if you marry. And married people usually live together.
May 3, 2016 at 08:25
How soon should one apply for a DS260 after winning the lottery after applying as single and now you want to get married?
May 3, 2016 at 14:10
You can wait until you are married and submit the DS260 then OR submit as single, get married and then update the DS260 after the wedding. The choice of what to do depends on how low or high is your case number.
May 4, 2016 at 15:50
I won th DV , and in the registration I put single after results , I plan to married with my fiance because we are together for 3 years , can I add it in my DS 260 as spouse ? And what are the steps to do ? It is possible before my interview in embassy? Thank you
May 4, 2016 at 16:27
Read the article above!
May 4, 2016 at 15:56
hello,i want to make a question:if i go to united states with green card and i marry the guy how can i take him with me i want to get married with my fiancee i have known him for 4 years almost but when i applied we werent married.Now i have been selected what should i do before the interview should i marry him and complete the ds 260 and how does DS 260 works will they call him for an interview too if we get married ?
May 4, 2016 at 16:26
The article above explains everything you asked!
May 5, 2016 at 21:04
can you please help me about some other things ?
1.i want to complete my DS 260 Where do i find it and how do i do it?
2. If i happen to forget the pasword to my email how do i do it to take information about interview or DS 260 ?
3.If you go to USA as a green card holder should you stay there without moving and how can you proceed to take your husband to live with you or your family,but i am more interested in my husband .
4.How do involve my husband in my interview if i fill the DS 260 form because we are not married yet we plan to marry this month i won the DV 2017 as single .
I know there is a lot to ask but please answering these questions means alot to me because you will be saving my life,i have no one to ask to and i think you can help me alot with information.Thank you alot !
May 5, 2016 at 21:13
If you have multiple questions, number them and make them clear. I will edit your question, then answer.
May 5, 2016 at 21:17
1. Google.
2. Don’t forget your password. But if you do, you will be able to get your interview date by checking the ESC site. You don’t need the email.
3. You should marry him now.
4. See 3
May 7, 2016 at 00:53
Thank you to respond me , I have another question , I complet to fill my DS-260 as single , can you tell me please how I can edit my DS-260 to add my spouse ? What steps I have to do ?
Thank you again , I wish you the best because you help many people with your informations .
May 7, 2016 at 00:58
If you get married, you add your spouse to your own DS260, and if your spouse wants a Green Card you add a DS260 for them.
May 7, 2016 at 08:30
Dear Mr.Simon,
What an amazing article, I read all above. It helped me understand all process. But still I have some issue, I want to get some advice from you.
My girl friend and I applied for the lottery seperatly as a single. Luckly, I won the lottery, my case number is 2017XXXXX17000. We have been in relationship for almost 3 years. We’ve been living in the U.S for more than 1.5 year. Both of us have F-1 student visa. We are studying master program at the same school and living in the same place for a year. Her visa is expired btw, she is okay with I-20 document. We were planning to get marry somewhere soon. I have not done anything about processing forms and paying the fee.
Also she has a flight to go back our homecountry and has an appoinment in embassy to re-new her student visa. Does it effect our interview situation? Because we will be interview in the U.S.
1) I want her to process with me and get GC together. Otherwise, it will take long time. Should we get marry in U.S asap? And submit ds-260?
2) Do I need to do anything before submitting ds-260? (paying the processes fee and visa fee now)
Also she has a flight to go back our homecountry and has an appoinment in embassy to re-new her student visa. Does it effect our interview situation? Because we will be interview in the U.S.
Thank you for this great job again.
May 7, 2016 at 18:15
1. Yes get married and submit as married.
2. If you do AOS you will need to read about it. But for now just focus on submitting the DS260.
Also – when you quote your case number you must show the region (e.g. 2017AS….)
May 7, 2016 at 23:42
It’s 2017EUXX17000. Do I need to submit DS260 asap?
May 7, 2016 at 23:52
A backlog of DS260s will build up within a week or two from now. The backlog will cause some cases a delay (because processing will take 4 or 5 months). So – you can take your time, but there might then be a delay. No risk, just delay.
May 7, 2016 at 16:02
so ,if we want our husband or spouse to come with us cause i am also in scenario 2 we should add a DS 260 for them too AND also add them to our own DS 260 that is what you are saying?Thank you again for taking time and responding to all of us!
May 7, 2016 at 18:28
IF you are already married you would then complete a DS260 for the spouse also, yes.
May 7, 2016 at 21:08
hi simon,
when its the perfect time to pay the immigration fees the 165$ ?! before travel in one month more or before travel in a week ?!
May 7, 2016 at 21:37
Either way is fine.
May 7, 2016 at 23:34
Dear Mr.Simon, What an amazing article, I read all above. It helped me understand all process. But still I have some issue, I want to get some advice from you.
My girl friend and I applied for the lottery seperatly as a single. Luckly, I won the lottery, my case number is 2017XXXXX17000. We have been in relationship for almost 3 years. We’ve been living in the U.S for more than 1.5 year. Both of us have F-1 student visa. We are studying master program at the same school and living in the same place for a year. Her visa is expired btw, she is okay with I-20 document. We were planning to get marry somewhere soon. I have not done anything about processing forms and paying the fee. Also she has a flight to go back our homecountry and has an appoinment in embassy to re-new her student visa. Does it effect our interview situation? Because we will be interview in the U.S.
1) I want her to process with me and get GC together. Otherwise, it will take long time. Should we get marry in U.S asap? And submit ds-260?
Also she has a flight to go back to our homecountry and has an appoinment in embassy to re-new her student visa. Does it effect our interview situation? Because we will be interviewed in the U.S if she can come back U.S?
Thank you for this great job again.
May 7, 2016 at 23:39
https://britsimonsays.com/marital-status-getting-married-dv-lottery-process/#comment-35350
May 8, 2016 at 02:47
Brit, Im not sure what marriage status I put in my DS-160? Is the a way to see that information again?
May 8, 2016 at 03:15
Do you mean on the eDV or the DS260?
May 8, 2016 at 06:40
hi.
I accepted in lottery 2017. I had a mistake in fill out form. In marital status part I chose married and my spouse is a U.S citizen instead of is Not a U.S citizen. please guide me I have any chance or is any way to correct my mistake?
thank you very much
May 8, 2016 at 06:48
If you are married, then you did not make a mistake. So what is the problem?
May 8, 2016 at 07:42
Dear Mr.Simon
Thank you for response. Yes I am married. But My spouse is not a citizen of U.S contrast, she mistakenly in part 13 of first form (what is your current marital status?) chose “married an my spouse is a citizen or U.S. lawful permanent Resident”
I am concern about this mistake can lead to, we reject from lottery ?
Another question is that, in form DS-260 name of my spouse was not in part of “APPLICANT INFORMATION” this matter is related to last mistake or not? And we should add her name?.
Thank you for this great job again.
May 8, 2016 at 10:47
Dear Mr.Simon
Thank you for response. Yes I am married. But My spouse is not a citizen of U.S contrast, she mistakenly in part 13 of first form (what is your current marital status?) chose “married an my spouse is a citizen or U.S. lawful permanent Resident”
I am concern about this mistake can lead to, we reject from lottery ?
Another question is that, in form DS-260 name of my spouse was not in part of “APPLICANT INFORMATION” this matter is related to last mistake or not? And we should add her name?.
Thank you for this great job again.
May 8, 2016 at 15:38
The DS260 needs to be correct. You haven’t replied to our earlier conversation so I have no idea of your case number etc. Read the guide on completing the DS260:
https://britsimonsays.com/completing-the-ds260-for-dv-lottery-entrants/
May 9, 2016 at 02:15
Hello Brit ,
I have a question about my interview my CN is AF00032XXX , can you tell me please when my interview ? And I added my spouse in my DS260 and fill one for her , but I fear that will make problem for us in interview because we are married after results ?
Thank you 🙂
May 9, 2016 at 14:11
I HAVE JUST ENTERED MY CN NUMBER I HAVE NOT MADE IT . WHAT CAN MAKE MY CHANCES BETTER
May 9, 2016 at 14:23
Nothing improves your chances – it is random.
May 9, 2016 at 10:08
Hello Simon,
I couldn’t get clearly the correlation between the case number and the time you need to submit your DS260. My number is 2017EU00018XXX. As far as i understand it’s not a bad one.
I’m holding my DS260 until i get married to add my wife to my application but i couldn’t understand until what time is safe for me to send the DS260. It should be done before October 2016 or can i wait for more?
Regards
Ayhan
May 9, 2016 at 16:26
You can way to submit until spring 2017. Obviously, delaying your submission will delay your interview.
May 10, 2016 at 05:28
Hi Ayhan, I have the same situation as you have. Do you live in U.S or in your home country?
May 11, 2016 at 23:11
Hi Simon! Thanks for your super helpful website 🙂
I just got selected in DV-2017, case number OC4xx. From my understanding that is a fairly low CN. I’m an Aussie who has been living in Canada for over two years, and have been living with my Canadian boyfriend for six months (have been dating for two years).
Now that I have been selected, we are more seriously considering marriage, though we don’t want to rush things as my parents have not met him and their approval means a lot to me, so I don’t want to get married sooner just so I can add him to my first DS-260 submission (understand this is the easiest route though!).
A few questions:
– If I have a fairly low CN, am I right in guessing that I will have a early interview (Oct/Nov)? I really hope so as I will be going to Aus for four months from Dec and then returning to Canada.
– As mentioned, we are considering marriage but don’t want to rush it, though I am feeling a sense of urgency to submit my DS-260 to ensure that I get an early interview in Montreal due to the trip that I have planned. If I submit my DS-260 now as single, and then we decide to get married before I am invited for an interview, I understand that I will have to contact KCC to unlock the form so I can update it to add him as my spouse and change my marital status. Will this further delay my interview? I noticed that you responded to someone above about how unlocking and resubmitting the form can delay process and therefore the interview by a month, and I really hope for an early interview!
– If I submit my DS-260 as single and I get notification of my interview at the consulate and then we decide to get married prior to the date of my interview, I understand that I will need to contact the consulate in Montreal to let them know of the marriage. Does this affect my interview date i.e. will I have to change my interview date to a later date to allow them to process the updated info?
Thank you very much in advance!!
AP
May 12, 2016 at 00:43
I answered a similar question today. My suggestion would be to advance the wedding plans, or delay the DV case.
https://britsimonsays.com/ask-questions/#comment-36154
May 17, 2016 at 06:23
Hi brit , can i apply for fiance visa after i went to USA, for my girl friend?
May 17, 2016 at 15:04
Only once you are a citizen.
May 22, 2016 at 06:09
Hi Britsimon,
I have two questions?
1. Will you be disqualified if the names on the dv lottery do not appear as they are on the passsport due to a repeat one of your names e.g Mach Nim Mach instead of Mach Nim Moman?
2. When feeling the Ds 260 form and you had filled as married, should the form come pre filled with your beneficiary’s information? Or is this information added afresh.
May 22, 2016 at 13:50
1. Typically that would be OK if you correct it in the DS260.
2. Prefilled.
May 22, 2016 at 19:24
Hi, BritSimon, I have read all of the useful information above and I would ask you for a piece of advice. Here is my case:
In October 2015 I have applied for DV lottery as single, although I have a relationship. In January 2016 I got pregnant, but I am still unmarried. My boyfriend and I, we were concidering to get married during the summer this year, before the baby comes up in the end of september/ or the beginning of october. In May 2016 I saw that I am selected for DV 2017 and I have lower case number. At this moment I still haven’t submit the DS-260.
Please advise me about the best time to fill the DS-260 – before we get married or after that, so I won’t be too late. And eventually when will happen the interview? What about our unborn child?
I would like to thank you in advance.
May 22, 2016 at 19:28
I would suggest you get married ASAP and then submit your DS260. It won’t be too late.
Your baby will have been born before the interview, so you will add the child to your case. The exact method depends on timing of the birth and the scheduling of the case. So – let’s cross that road when we come to it. For now, get married and submit your DS260s.
May 22, 2016 at 21:15
Thank you for your prompt, but isn`t it a problem that we`ll be late a month or more, because we`ve administrative procedures in our country. And also, isn`t it strange that the date of the marriage certificate is before submitting DS260s, it`ll be so soon? What is going with the interview if the DS260s delays?
May 23, 2016 at 13:24
Hello.
My case number is EU00022xxx. Im planing to gettmarried with my gf in februar 2017.
I didnt fill ds260 yet…
Questions:
1. Unlock now ds260 or wait until i get marrie?
2. is it late to wait until februar 2017 to get married?
Thanks for your time,
best regards
May 23, 2016 at 13:50
1. Normally I would say marry first to be simplest
2. I would suggest you marry sooner. You could wait until February, but I would accelerate it.
May 23, 2016 at 14:40
hi if both my boyfren and i got threw with the greencard , but was inteding to get married anyway should we ? so we could increase our chance.
May 23, 2016 at 18:03
Getting married is something you do because you want to, not something you do to increase chances.
May 23, 2016 at 22:11
I have 1 more question. If we get married and get green cards. And in ambasy they say you must enter to USA until 1.steptember 2017 (and my wife cant until 2018 because of her work). I can go but she can`t. She will lose green card? Can i lose it to, or i can go normaly without her?
May 23, 2016 at 23:46
The derivative cannot enter the USA without the principal winner – so if she was the winner, your entry relies on her being with you.
The expiry date of the visas cannot be extended, if you do not activate by the expiry date, you lose your GC.
May 24, 2016 at 08:10
Ok i understand. In this case, i am the winner. So if she can`t go on time when visas expire and i can. When i go to USA, will i have problem because she is not coming with me?
May 24, 2016 at 15:26
No.
May 23, 2016 at 23:50
Hello Brit, Thank you for your endless help
I am preparing to get married to my GF who’s living in the US right now, she is a green card holder she moved there last November, i did some research and I found that the process for me to get a visa tooks around 5 years which is so LONG for a couple to be far from each other, the question is: does it help if we use an immigration attorney to get the visa less than 5 years…?
Thanks
May 23, 2016 at 23:55
The process should only take around 2 years or so – and it does not matter whether you have an attorney or not.
May 24, 2016 at 00:00
Sorry, can you explain more, she needs to financially support me after she spend 2 years there, after that we need to wait 2 more years? That’s it, right?
May 24, 2016 at 00:03
If she is already there and earning an income she may meet the financial support test already. So – the process itself could start after the marriage and then take around 2 years.
May 26, 2016 at 22:55
Hi BritSimon, first of all I want to say thanks for all of your posts!
I’m from Italy, case 2017EU000081xx.
I’m in this situation….I want to include my Russian gf in the DS-260, so we are looking for how to do it
Questions:
Which is the timelimit to submit the DS-260, for what I read is Spring 2017….but It could be that we are running late…so…
Let’s image marriage in August 2016, submit immidiatly ds260, interview in Jan 2017 right?
It’s better to submit ds260 now and ask to unlock in 1 month and leave it unlocked until August?
If we wait August, we will have less chance?
I wish that I explained everything…
Thanks
May 26, 2016 at 23:43
I would advise you NOT to submit until the marriage. If you submit early you could be scheduled for an interview before you want to be interviewed. A delay of the interview to early next year won’t be any risk at all – so that is the best approach. Get married, submit your DS260 and go together to the interview. If you want to improve the speed a little, you can submit about a month or two before the wedding, and then unlock and add your spouse after the weeding. That would gain a little speed – but really – why bother?
August 22, 2016 at 11:36
Thank you for your response! We have set our date to October to get married. Now Im wondering if I should go ahead and send the application now including my wife-to-be, or should we wait until the October date and send then- what would change in terms of chances of getting the Green Card?
August 22, 2016 at 14:16
Wait until married. No change in the chances IF you are a genuine couple.
May 28, 2016 at 13:49
Hi Simon,
I m glad to talk with you. My case is little complex. Our community compel to marry us. We marry forcefully. We marry in childhood(15 years old). The Maoist war influenced our marriage. Maoist leader compel to marry. We marry without social party or ceremony. When we lived together we got one children 9 years old. We don’t have marriage certificate and court record. Child birth certificate included our name. on the birth certificate of my Child my citizenship No is wrong and my name is correct. So in this case what will be the best solution? I entered as unmarried and I didn’t include my children name on my original entry. How can I include the name of my child? Or how ignore Children and Spouse? Please kindly give me suggestion. If I get solution I will meet you.
We are not living together about 10 years. We don’t like eachother. I was completely ruin. I live in another city and she is living village. What is the system to detect our relation of CO?
Thank you.
May 30, 2016 at 20:19
Hello sir. I’m a 2016 dv winner, got married to my husband on few weeks before my interview and just moved in to the USA last week. Sir please I wish to ask on which process I have to follow and when do I have to start filling in for my husband and how long can the whole process take for him to come to the US. Thanks your reply will b very appreciated
May 31, 2016 at 03:19
You have to do a family sponsored case. It will take around 2 years. I don’t know much else about that process.
May 31, 2016 at 18:25
I am Dennis with case number 2017AF00001XXX. The issue is I have been selected for the 2017 dv lottery but my initial date of birth which is XX August XXXX when entered in the DS 260 form is rejected I want to know if I might have entered a wrong date andwhat that date is so I can successfully submit my form. Thank you
May 31, 2016 at 19:43
I edited your question because you should not make your personal data available to everyone on the internet.
I cannot access your file – and I do not know what you entered.
May 31, 2016 at 23:03
ok thanks, I actually wanted to know in this case how will I be able to get to know the actual date as I know the year
June 1, 2016 at 00:05
Yes I understand what you want to know. But I have no way to help you.
June 5, 2016 at 19:06
hi britsimon
i wife got a dv lottery visa last year but still on processing,she doesnot want to go without me so she already send my all documents with her documents but the problem is i m out of country mean i m working to the other country even working here she is processing for me,everything is ok,last year we got married n have marriage certificate too,may be next months i m going back to my country for the medical n interview with the US embassy.can uplease explain wat should i do?n how long should be the period of married ?n how long will it take after interview n medical?hope to get answer as soon as possible.
June 5, 2016 at 19:46
You are very unclear about your circumstances – so I really have no idea what to say. What is your case number (including region and year) Has the DS260 been completed? Did you submit as married? Did you interview yet or get scheduled?
July 6, 2016 at 08:22
Dear Brit, i need a help with my situation
As me and my husband in scenario 2 .
My husband won a DV lottery in 2015 we married on FEb. His interview was on March.
Received the GC on Nov. now he wants to apply for me for FTJ after he settled and found a job .is it possible ? Am i eligible ?? And I need a help with form i 824 as he never received i 797. We found the IOE number in USCIS ELIS site .
July 6, 2016 at 14:20
No it’s not possible to do it via FTJ. He must sponsor you through family based immigration, which takes about 2 years.
July 6, 2016 at 15:19
Did you mean to file i130 ??
As i read it takes about 5years not 2 years which is a long time for our family to break? Why FTJ not works for us ?? What shall we do??
July 6, 2016 at 17:25
Your dates suggest your husbands case was DV2015 – and that lottery finished in September last year. So – you cannot do FTJ on that case.
Yes I-130 – F2A is around 2 years – which is why I said that…