Bringing wife to US

[chameleon81 0]

Hi,

I ( Turkish citizen working in UK )won the DV lottery and got my immigrant visa this july. I plan to marry my girlfriend ( Colombian and living in Colombia) in 1- 1,5 months time before entering US for the first time with my immigrant visa.

I plan to go to Colombia end of November or begin of December. After that I will go ahead and start with follow to join process. I was checking this website http://www.***removed***....n-benefits.html but couldn't figure out many stuff.

They say I need to provide these information to USCIS,

A copy of the original application or petition that was used to apply for your immigrant status

A copy of the I-797, Notice of Action, for your original application or petition

A copy of your green card

1- Is this the initial application form I sent to Kentucky consular office for greencard?

2- I don't know what this is. Do you have any idea?

3- I don't have a greencard, I have an immigrant visa. ( which reads upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year )

And can you please explain how the process works? After marriage what do I need to go? How do I file I-824 Does my girlfriend ( wife hopefully ) need to do something?

When I read this passage "If the I-824 is approved, the USCIS will notify a U.S. consulate that you are a lawful permanent resident so that your spouse can apply for a following-to-join immigrant visa. Your spouse must then contact the local U.S. consulate to complete the processing." I get confused. Which consulate will they inform? Can we tell USCIS to inform consulate in Bogota ?

Edited December 6, 2011 by Kathryn41

[Boiler 45,402]

I think she is going to have abit of a wait as you should have married before the GC Lottery Visa.

Certainly worth checking with a lawyer.

[NigeriaorBust 4,087]

If you got married AFTER you recieved the visa you will need to petition for her once you are here and wait for an available visa number. The wait is currently about 3 years. Had you married before you recieved the visa you would have paid visa fees for both of you can had to prove your relationship and she could have immigrated with a deriviate DSV visa.

[Jojo92122 1,924]

I think she is going to have abit of a wait as you should have married before the GC Lottery Visa.

Certainly worth checking with a lawyer.

A spouse can immigrate or do a follow to join as long as the marriage occurs before the DV winner immigrates to the US. So, a person can win the DV, get a visa, get marry before immigrating, and have the spouse immigrate with them or do a follow to join.

The major issue with marrying after winning the DV is that it is a prime opportunity for marriage fraud. Marriage after winning the DV are highly scrutinized.

If you got married AFTER you recieved the visa you will need to petition for her once you are here and wait for an available visa number. The wait is currently about 3 years. Had you married before you recieved the visa you would have paid visa fees for both of you can had to prove your relationship and she could have immigrated with a deriviate DSV visa.

This is incorrect. He can do a follow to join as long as the marriage occurs before he immigrates to the US.

[NigeriaorBust 4,087]

But as a DV winner all visas chargable to that year must be issued in the fiscal year of the winning entry , Last year is alreay over. what would be her class of entry ?

[NigeriaorBust 4,087]

here is the relavant section from this years instructions just change the years she isn't eligble for follow to join

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2012 program ends as of September 30, 2012. DV visas may not be issued to DV-2012 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2012 principals are only entitled to derivative DV status until September 30, 2012. DV visa availability through the very end of FY-2012 cannot be taken for granted. Numbers could be exhausted prior to September 30.

[Jojo92122 1,924]

But as a DV winner all visas chargable to that year must be issued in the fiscal year of the winning entry , Last year is alreay over. what would be her class of entry ?

You are absolutely correct. Visas can only be issued during the fiscal year (Oct. 1 to Sept. 30) in which the DV winner won. For example, a 2011 DV winner and his derivative beneficiaries can only be issued visas based on the DV between October 1, 2010 and September 30, 2011. Once the fiscal year is over, visas cannot be issued based on winning the DV.

The fiscal year for 2011 DV winners ended on Sept. 30, 2011. It's October 31, 2011 today. He can no longer file a follow to join for his spouse.

If the OP had married after winning the 2011 DV, his wife would have qualified for a visa until Sept. 30, 2011. He could have applied before immigrating or done a follow to join after immigrating as long as he was married before immigrating.

Edited October 31, 2011 by Jojo92122

[Jojo92122 1,924]

To summarize;

Marriage after winning the DV is okay. The spouse can qualify for a visa. If the married DV winner immigrates alone, he can apply for follow to join benefits and the visas must be issued during the winning fiscal year. Once the fiscal year is over, visas cannot be issued based on the winning the DV in previous years.

[chameleon81 0]

To summarize;

Marriage after winning the DV is okay. The spouse can qualify for a visa. If the married DV winner immigrates alone, he can apply for follow to join benefits and the visas must be issued during the winning fiscal year. Once the fiscal year is over, visas cannot be issued based on the winning the DV in previous years.

I would like to thank everyone who replied to my message. No visa after September 30th is a very bad news for us but I again thanks a lot for your detailed replies.

Could someone send me a page where I can read about "But as a DV winner all visas chargeable to that year must be issued in the fiscal year of the winning entry , Last year is already over.?"

[Jojo92122 1,924]

I would like to thank everyone who replied to my message. No visa after September 30th is a very bad news for us but I again thanks a lot for your detailed replies.

Could someone send me a page where I can read about "But as a DV winner all visas chargeable to that year must be issued in the fiscal year of the winning entry , Last year is already over.?"

Here's the info from the US State Department; http://travel.state.gov/visa/immigrants/types/types_5073.html

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 2011 will end. Selected applicants who do not receive visas by September 30, 2011 will derive no further benefit from their DV-2011 registration. Similarly, spouses and children accompanying or following to join DV-2011 principal applicants are only entitled to derivative diversity visa status until September 30, 2011.

[chameleon81 0]

Hi,

Thanks a lot. Can I send you amazon gift card?

[Jojo92122 1,924]

Hi,

Thanks a lot. Can I send you amazon gift card?

You're welcome.

Please hang around and share your experience as an immigrant and petitioner.

Best of luck to you.