Winning the green card before getting married

[mtbutterfly 0]

Hello Everyone,

My fiance won the green card lottery a few months ago (despite of all the latest trouble, nope he's not concerned) !

I actually have a B1 visa for 6 months and Its getting obvious that we do wanna stay in NYC. If we get married, which options do I get? Will it change something? and will I be able to remain on the territory during the process? We don't wanna be apart, so please help and tell me which options can i get.

Thank you

[Penguin_ie 5,993]

You cannot adjust status from your tourist visa because you are not the immediate relative of a US Citizen. If your fiance gets the visa, it will lead to a greencard, citizenship is several years down the road. I suggest you get married, then as soon as he has his greencard, he petitions for you. It will take about four years for you to get a visa- still quicker than the 5 years it will take him to get citizenship. During this time, you can visit him on your tourist visa, just make sure not to overstay.

[moSu 0]

Hello Everyone,

My fiance won the green card lottery a few months ago (despite of all the latest trouble, nope he's not concerned) !

I actually have a B1 visa for 6 months and Its getting obvious that we do wanna stay in NYC. If we get married, which options do I get? Will it change something? and will I be able to remain on the territory during the process? We don't wanna be apart, so please help and tell me which options can i get.

Thank you

Hi there,

I've been hesitating if I should reply to your post. I hope your husband's green card lottery has nothing to this article. http://www.dvlottery.state.gov/

Best Wishes,

moSu

[mtbutterfly 0]

i get that but in the meantime is there any visa related to him i can apply for except the K1 (not worth it)?

[mtbutterfly 0]

My fiance won the green card lottery a few months ago (despite of all the latest trouble, nope he's not concerned) !

[mtbutterfly 0]

@moSu despite of all the latest trouble, nope he's not concerned !

[mof 15]

I don't understand that he is "not concerned." If he won in the latest lottery, ALL results are void, meaning that he would have to win again in the re-scheduled drawing...

At any rate, while the immediate relative of a US citizen can apply immediately, this is NOT the case for permanent residents. Immediate relatives of permanent residents (which is what you would be) will be put on a waiting list. And the time you'll be on that list is quite long...

[Penguin_ie 5,993]

He can't petition for a fiance (K1) visa for you- that is also only for US citizens.

Since he is not concerned, I assume he won last year.

[mtbutterfly 0]

While I will be on that waiting list will i have the right to remain in the US?

[Penguin_ie 5,993]

No. You can visit on the VWP but be careful not to overstay.

[Penguin_ie 5,993]

Thought of something: how far along is he with processing his visa? If he has not had his interview he MAY (I am no expert on this part) be able to marry you quickly now and add you to his case, as diversity lottery visa winners are allowed to bring their spouses. However, this may only be possible if they were married at the time of applying- ie it may be too late for you, I am not sure. Maybe start a new topic in the Diversity Lottery forum (http://www.visajourney.com/forums/forum/140-diversity-lottery-visas/) and ask about that.

[mtbutterfly 0]

@penguin: He already had his interview (March 2011)

[mtbutterfly 0]

Hello Everyone,

My fiance won the green card lottery a few months ago (despite of all the latest trouble, nope he's not concerned) !

I actually have a B1 visa for 6 months and Its getting obvious that we do wanna stay in NYC. If we get married, which options do I get? Will it change something? and will I be able to remain on the territory during the process? We don't wanna be apart, so please help and tell me which options can i get.

Thank you

[mtbutterfly 0]

Hello Everyone,

My fiance won the green card lottery a few months ago (despite of all the latest trouble, nope he's not concerned) !

I actually have a B1 visa for 6 months and Its getting obvious that we do wanna stay in NYC. If we get married, which options do I get? Will it change something? and will I be able to remain on the territory during the process? We don't wanna be apart, so please help and tell me which options can i get.

Thank you

[JimVaPhuong 4,863]

Hello Everyone,

My fiance won the green card lottery a few months ago (despite of all the latest trouble, nope he's not concerned) !

I actually have a B1 visa for 6 months and Its getting obvious that we do wanna stay in NYC. If we get married, which options do I get? Will it change something? and will I be able to remain on the territory during the process? We don't wanna be apart, so please help and tell me which options can i get.

Thank you

Are you aware that the recent Diversity Visa lottery is going to be repeated? Because of a computer error, the DV lottery results were invalid, so the lottery is going to be repeated. The results of the new lottery should be available around July 15.

http://www.dvlottery.state.gov/

If he does get a visa through the DV lottery then you would not get any direct benefit from it. You wouldn't get a derivative visa unless you were already married, and you were included on his DV application. After he gets his green card and marries you then he would be able to petition for an F2A visa for you. However, it may take years before your priority date is current, and you can't apply for visa (if you're outside the US) or adjust status (if you're inside the US) until your priority date is current. You also can't adjust status unless you've maintained your non-immigrant status the entire time. Since the current wait for an F2A is about four years, it doesn't look like you'll be able to stay in the US with a B1 visa for the entire time.