Visa Lottery winner in US

[john_and_marlene 162]

He'll also save if when the fees go up!

[keyshawn18 52]

Thank you all for you input.It makes sense now.

[CC90 90]

Thank you all for you input.It makes sense now.

But, wait... Were they married when he was originally given the green card for the lottery?

[Deputy Purple 1,294]

But, wait... Were they married when he was originally given the green card for the lottery?

Doesn't matter, it's been 2 years and Follow-To-Join benefits are only good for 1 year from issuance of the original Visa.

[CC90 90]

Doesn't matter, it's been 2 years and Follow-To-Join benefits are only good for 1 year from issuance of the original Visa.

True, but if he misrepresented himself as "single" when he wasn't.. that could be a problem.

[milimelo 4,464]

Doesn't matter, it's been 2 years and Follow-To-Join benefits are only good for 1 year from issuance of the original Visa.

I don't believe DV visa has any follow to join benefits - you either get issued one by Sep 30 of that FY or you're out of luck.

[Deputy Purple 1,294]

I don't believe DV visa has any follow to join benefits - you either get issued one by Sep 30 of that FY or you're out of luck.

I don't know if DV has follow to join or derivatives but even if we assume the best case for them which is that derivatives are allowed and they can follow to join it's still a moot point as too much time has passed even for the "Best Case" for them so they need to look forward for possibilities.

[Deputy Purple 1,294]

True, but if he misrepresented himself as "single" when he wasn't.. that could be a problem.

True, though I don't know how much it would really impact the OP as the misrepresentation wasn't material (i.e. DV doesn't require one to be single does it?).

Not that I'm saying it's okay to misrepresent as that's definitely a No-No, just saying I'm not sure if it would be made an issue of or not.

[milimelo 4,464]

True, though I don't know how much it would really impact the OP as the misrepresentation wasn't material (i.e. DV doesn't require one to be single does it?).

Not that I'm saying it's okay to misrepresent as that's definitely a No-No, just saying I'm not sure if it would be made an issue of or not.

There is an option for DV winner who gets married after submission of entry to get a visa for spouse and children (if any) -- at the same time, not after end of FY certainly.

Non-disclosure of married status - list your spouse and any children when you are married at the time of filling out an entry form can certainly get someone in trouble down the line. I think we had someone recently who was filling out DV entry but wanted to exclude (not mention) spouse.

[JimVaPhuong 4,863]

I have read and understand the form but it still doesnt tell me how long it will take for the visa to be approved.From the looks of things there is no point in filing right now if he cant bring her over until he becomes a citizen.

He doesn't have to become a citizen. LPR's can petition for their wives. They don't wait in line behind US citizens. They wait in line behind other LPR's who filed before him.

When the petition is filed it will be assigned a priority date. When the petition is approved (times varies - 6 months to a year is typical) then he has to wait until the priority date is current. He can keep checking the latest visa bulletin for the current cutoff date for F2A family preference visas here:

http://travel.state.gov/visa/bulletin/bulletin_1360.html

Currently, it's a little less than three years, but the dates have been accelerating lately.

If he becomes a US citizen while he's waiting then he can upgrade his petition to IR1. The priority date will no longer be relevant, and he can go ahead and finish the NVC process and move on to the interview. The bonus is that he won't have to file another petition and wait for it to be approved. It will take a lot less time than if he waits until he's a US citizen to file.

[keyshawn18 52]

I am trying to get as much information but it appears that they were married in 2009.When he first filled out the lottery application they were not married.They got married shortly after his interview.He was still single at the interview stage.There was no additional forms he filled out after the interview asking about his marital status.will this complicate anything if she should file as married now?

[Deputy Purple 1,294]

I am trying to get as much information but it appears that they were married in 2009.When he first filled out the lottery application they were not married.They got married shortly after his interview.He was still single at the interview stage.There was no additional forms he filled out after the interview asking about his marital status.will this complicate anything if she should file as married now?

No

[agynyame 2]

I have a friend who has won the Visa lottery.He has been in the US for two years since winning the lottery, he has his green card and everything.He is currently married and his wife is in Ghana.can he file for her to join him or does he have to wait till he is a citizen?

He can file as a permanent resident for his wife and wait in line. When he becomes a citizen, he will have to file an addendum with USCIS if they are still processing or with the NVC so that they can process him. My advice file and park so that your friend will be in the queue when his citizenship is falls in place. It helps curb the weight time.

[Gresther 0]

I filed for my wife about 9mths before i naturalised. i gave USCIS a call the very day became a US citizen and updated my status, six days later my I-130 was approved. If i had filed it earlier than that my wife shd have been here by now. Tell your friend to do it now.

Edited August 27, 2011 by Gresther

[keyshawn18 52]

I filed for my wife about 9mths before i naturalised. i gave USCIS a call the very day became a US citizen and updated my status, six days later my I-130 was approved. If i had filed it earlier than that my wife shd have been here by now. Tell your friend to do it now.

the problem is my friend has only been a permanent resident for 2 year so he cant file for citizenship anytime soon.how long did it take for your wife to get here.Also when you filled out the forms, what did you put for her address in Ghana?Did you put her P.O BOX or physical street address?