newcomers to usa and Bringing wife of Permanent Residents

[milimelo 4,479]

You're still wrong - the DV winner was single at the time of entry into lottery and at the time he completed his interview at the US embassy and was issued a visa. The fact he married before leaving for US and activating his visa has no bearing. Window of opportunity has closed - had he gotten married BEFORE his interview and showed proof it wasn't for immigration purposes, the spouse would've gotten an immigrant visa as well

There is no other option for him but to file the I-130 and wait for his spouse to get immigrant visa. No follow-to join in this case.

Now, if he was married at the time he entered lottery and listed spouse/children at the form then they would be given immigrant visas and could either enter US with him as the principal or follow-to join until his visas expire (timeline could be shorter based on DV lottery period ending on 9/30 each year).

[Jojo92122 1,924]

More citations from the US State Department and the Visa Bulletin on follow to join for DV.

Citation 4 from US State Dept.: http://travel.state.gov/pdf/T1026V-DV-2010bulletin%283%29.pdf

Successful entrants’ spouses and unmarried children under age 21 may also apply for visas to accompany or follow-to-join the principal applicant. DV-2010 visas will be issued between October 1, 2009, and September 30, 2010.

Processing of entries and issuance of diversity visas to successful individuals and their eligible family members MUST occur by midnight on September 30, 2010. Under no circumstances can diversity visas be issued or adjustments approved after this date, nor can family members obtain diversity visas to follow-to-join the principal applicant in the U.S. after this date.

Citation 5 from Visa Bulletin - September 2011: http://www.travel.state.gov/visa/bulletin/bulletin_5542.html

D. DIVERSITY VISA LOTTERY 2012 (DV-2012) RESULTS

The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2012 diversity lottery. The diversity lottery was conducted under the terms of section 203© of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. Approximately 100,021 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2012 numbers will be used during fiscal year 2012 (October 1, 2011 until September 30, 2012).

Applicants registered for the DV-2012 program were selected at random from 14,768,658 qualified entries (19,672,268 with derivatives) received during the 30-day application period that ran from noon on October 5, 2010, until noon, November 3, 2010. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested.

Registrants living legally in the United States who wish to apply for adjustment of their status must contact U.S. Citizenship and Immigration Services for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2012 will end. Selected applicants who do not receive visas by September 30, 2012 will derive no further benefit from their DV-2012 registration. Similarly, spouses and children accompanying or following to join DV-2012 principal applicants are only entitled to derivative diversity visa status until September 30, 2012.

[Jojo92122 1,924]

You're still wrong - the DV winner was single at the time of entry into lottery and at the time he completed his interview at the US embassy and was issued a visa. The fact he married before leaving for US and activating his visa has no bearing. Window of opportunity has closed - had he gotten married BEFORE his interview and showed proof it wasn't for immigration purposes, the spouse would've gotten an immigrant visa as well

There is no other option for him but to file the I-130 and wait for his spouse to get immigrant visa. No follow-to join in this case.

Now, if he was married at the time he entered lottery and listed spouse/children at the form then they would be given immigrant visas and could either enter US with him as the principal or follow-to join until his visas expire (timeline could be shorter based on DV lottery period ending on 9/30 each year).

You are the one that is wrong. The magic moment is when the DV winner gains his LPR status. An immigration visa does not equate to LPR status. Only entering the US on the immigration visa triggers LPR status.

Since the OP married before becoming an LPR, then follow to join is possible. It doesn't matter if he/she applied for the visa as single.

Please provide me with your citations. All you got is your opinion. First, you said that follow to join is not possible. You were wrong on that too.

Edited September 5, 2011 by Jojo92122

[milimelo 4,479]

More citations from the US State Department and the Visa Bulletin on follow to join for DV.

Citation 4 from US State Dept.: http://travel.state....etin%283%29.pdf

Successful entrants' spouses and unmarried children under age 21 may also apply for visas to accompany or follow-to-join the principal applicant. DV-2010 visas will be issued between October 1, 2009, and September 30, 2010.

Processing of entries and issuance of diversity visas to successful individuals and their eligible family members MUST occur by midnight on September 30, 2010. Under no circumstances can diversity visas be issued or adjustments approved after this date, nor can family members obtain diversity visas to follow-to-join the principal applicant in the U.S. after this date.

Citation 5 from Visa Bulletin - September 2011: http://www.travel.st...letin_5542.html

D. DIVERSITY VISA LOTTERY 2012 (DV-2012) RESULTS

The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2012 diversity lottery. The diversity lottery was conducted under the terms of section 203© of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. Approximately 100,021 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2012 numbers will be used during fiscal year 2012 (October 1, 2011 until September 30, 2012).

Applicants registered for the DV-2012 program were selected at random from 14,768,658 qualified entries (19,672,268 with derivatives) received during the 30-day application period that ran from noon on October 5, 2010, until noon, November 3, 2010. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested.

Registrants living legally in the United States who wish to apply for adjustment of their status must contact U.S. Citizenship and Immigration Services for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2012 will end. Selected applicants who do not receive visas by September 30, 2012 will derive no further benefit from their DV-2012 registration. Similarly, spouses and children accompanying or following to join DV-2012 principal applicants are only entitled to derivative diversity visa status until September 30, 2012.

Only works if at the time of lottery entry the applicant was already married, not after the issuance of visa marriage.

[Jojo92122 1,924]

Only works if at the time of lottery entry the applicant was already married, not after the issuance of visa marriage.

Where is your citation for this???? THIS IS ONLY YOUR OPINION.

[milimelo 4,479]

Where is your citation for this???? THIS IS ONLY YOUR OPINION.

Numerous friends who got DV visa and immediately afterwards got married, but alas, had to wait years for the spouse to arrive in the US - no immigrant visa number available. DV is a special visa category, just because you married after receiving the visa doesn't mean your spouse gets to come with you - no one to blame but yourself for poor planning.

[Jojo92122 1,924]

Only works if at the time of lottery entry the applicant was already married, not after the issuance of visa marriage.

Where is your citation for this???? THIS IS ONLY YOUR OPINION. What the heck is an "issuance of visa marriage?"

Here is where you are wrong. From the US Embassy in Belize about Diversity Visa; http://belize.usembassy.gov/diversity_visa.html

What about a common law marriage?

Applicants should include their spouse and ALL children on the lottery registration, regardless of whether they intend to immigrate. Applicants should list their legal spouse, even if they are separated and plan to divorce. Applicants with common law spouses should also list their common law spouse. In order to immigrate, the applicant would need to be legally married to their spouse. Such legal marriage may take place after the applicant registers for the Diversity Visa Lottery.

[Jojo92122 1,924]

http://lawblog.boilapc.com/2010/07/313/

Marriage After Winning The DV Lottery.

Marrying after applying to the diversity visa will result in a lot of credibility issues as well as additional paper work. Sometimes the visa lottery interview will give you disappointment even if your marriage is genuine. Normally when you applied for the U.S. diversity visa program you were single.

After winning the selection for the visa lottery you also had to be sure that you were within the winning numbers. Now you are saying that you are married to a person and maybe that this person has children too from the previous marriage. So if you are an interviewing consular officer will you believe this story? Or will you think that the person is helping someone to get the USA visa by paying some money to the winner?

United States State Department takes these kinds of frauds very seriously. Their consular officers are well trained and well informed about these kinds of marriages. So don’t go along with any of these ideas. If you feel they are asking you to support illegal activities don’t hesitate to contact the local consular office and the police.

So in these cases you must proof that the marriage took place and it is legal and true. You have to provide all the documents and evidences to proof it. Other wise you will lose your visa and your visa fees too. If you are going to provide a fake marriage think about your future, once you are caught you will not only face criminal charges but also will be banned from applying any kind of visas to the USA.

[Uliana+abdo 1]

From the experience of few friends from morocco I know as a green card holder you can file an I-130 "Permanent resident filling for a spouse or child under 21" it Should be approved in less than one year ,currently at Vermont Service center they are processing applications from September 2010 ,check the link

https://egov.uscis.gov/cris/processingTimesDisplay.do

Edited September 5, 2011 by Uliana+abdo

[Jojo92122 1,924]

Read the Foreign Affairs Manuel (9 FAM 42.33 Notes) from the US State Department: http://www.state.gov/documents/organization/87838.pdf

The spouse of a principal alien, if acquired after registration, and prior to the principal alien’s admission, or the child of a principal alien, if the child was born after registration or is the issue of a marriage which took place after registration and prior to the principal alien’s admission to the United States, although not named on an application, is entitled to derivative DV status.

-----------

Anda Kim married after the DV registration and before admission to the US. Guess what?? Anda Kim's spouse is entitled to derivative DV status.

It is BEFORE ADMISSION TO THE US. It is not BEFORE ISSUANCE OF AN IMMIGRATION VISA.

Edited September 5, 2011 by Jojo92122

[JimVaPhuong 4,863]

If he married her before he entered the US with his immigrant visa the first time then she's eligible as a derivative. She can apply for a visa. The visa application is subject to the same "bona fide relationship" requirement as any other spousal visa would be subject to because they married after he won the DV lottery. I remember reading about someone in Uganda who won the DV lottery last year and got married before the visa interview. Both were denied after a Stokes interview at the consulate.

[Jojo92122 1,924]

You're still wrong - the DV winner was single at the time of entry into lottery and at the time he completed his interview at the US embassy and was issued a visa. The fact he married before leaving for US and activating his visa has no bearing. Window of opportunity has closed - had he gotten married BEFORE his interview and showed proof it wasn't for immigration purposes, the spouse would've gotten an immigrant visa as well

There is no other option for him but to file the I-130 and wait for his spouse to get immigrant visa. No follow-to join in this case.

Now, if he was married at the time he entered lottery and listed spouse/children at the form then they would be given immigrant visas and could either enter US with him as the principal or follow-to join until his visas expire (timeline could be shorter based on DV lottery period ending on 9/30 each year).

Foreign Affairs Manuel (9 FAM 42.33 Notes) from the US State Department is in conflict with your post. Are you right or is the Foreign Affairs Manuel from the US State Department which issues immigration visas wrong????

[Jojo92122 1,924]

If he married her before he entered the US with his immigrant visa the first time then she's eligible as a derivative. She can apply for a visa. The visa application is subject to the same "bona fide relationship" requirement as any other spousal visa would be subject to because they married after he won the DV lottery. I remember reading about someone in Uganda who won the DV lottery last year and got married before the visa interview. Both were denied after a Stokes interview at the consulate.

Just to clarify. The couple most likely were denied because of fraud. Marriage fraud occurring after a person wins the DV is problematic enough for the GAO to issue a report on the subject; http://www.gao.gov/new.items/d071174.pdf

[anda kim 0]

thank you all for your contribution, in fact I am more confused than the beginning.

one thing is sure, I have the right to bring my wife, but I do not know how long it will take

[anda kim 0]

From the experience of few friends from morocco I know as a green card holder you can file an I-130 "Permanent resident filling for a spouse or child under 21" it Should be approved in less than one year ,currently at Vermont Service center they are processing applications from September 2010 ,check the link

https://egov.uscis.gov/cris/processingTimesDisplay.do

thank u,

the link is broken, can u plz provide the true link?

Regards