Marrying a Diveristy Visa winner

[nev 0]

Would I be eligible for a green card if I married a person who already got the diversity visa in his passport and is about to go to the USA? 

Thanks!

[Transborderwife 4,666]

Sure, you'd get it in about 2 years time

[Ben&Zian 4,398]

The DV winner would have to petition for you as their spouse, and as above, for a GC holder it can take about 2 years to process before you could join them in the US...

Edited April 26, 2017 by Ben&Zian

[nev 0]

So could I move to the States (on a tourist visa that I already have), get married there and continue to live with him there while waiting for my green card?

We'd like to live there together, not be apart for the next 2 years

[Ben&Zian 4,398]

1 minute ago, nev said:

So could I move to the States (on a tourist visa that I already have), get married there and continue to live with him there while waiting for my green card?

We'd like to live there together, not be apart for the next 2 years

 

Tourist visa is not ment to live permanently on. You can use it to travel back and forth for as long as immigrations allows you to stay sure. But you also have to have an interview in your home country after the petition is processed, then the interview, then they determine to issue or not issue the visa/GC.

[Jojo92122 1,924]

9 minutes ago, nev said:

So could I move to the States (on a tourist visa that I already have), get married there and continue to live with him there while waiting for my green card?

We'd like to live there together, not be apart for the next 2 years

No.  A tourist visa is not an immigration visa.

 

There is no way for you to spend the next two years together.  (If there was a way, we would tell you.  There isn't and you have to accept this.)  You wait in your country for an immigration visa.  You can visit, but you can not live in the US during the process.

 

If you overstay your tourist visa or is deemed to violate US laws by illegally living in the US, you put your spousal petition at risk for a denial and you will be stuck outside the US.

 

Edited April 26, 2017 by Jojo92122

[Transborderwife 4,666]

6 minutes ago, nev said:

So could I move to the States (on a tourist visa that I already have), get married there and continue to live with him there while waiting for my green card?

We'd like to live there together, not be apart for the next 2 years

In short, nope

[SusieQQQ 11,586]

Actually, I believe it's technically possible to still get added to your spouse's case as a DV derivative if he hasn't entered the US yet, but I'm not sure of the exact process and timing (you don't want his visa to expire while he's waiting for this to happen). You could contact the embassy and ask them how to proceed to get added to his case before he goes. Of course, you will have a big burden of proof that this is a genuine relationship.  

If you don't have time to do it this way - then yes you have to follow the advice above.

Edited April 26, 2017 by SusieQQQ

[Becci391 339]

Sorry but that's how it works.

You can only visit him on a tourist visa and then return back to your home country. It's not that you won't see each other for the next 2 years. There are many other people (including me and the other members) who had to wait in their home country until their visa was issued and we all survived. He also has the possibility to visit you. So it's not the end of the world.

Just make sure that you have enough strong ties to your home country like a job, a house or apartment you live in. Otherwise USCIS might think you want to stay and live in the US. You need to apply for a tourist visa and have enough money in your bank account that you can finance your trip to the US.

There are rules and laws that people have to follow. You won't be excluded just because you want to be with your husband.

 

[nev 0]

I already have a tourist visa. So maybe I could go to New York on a tourist visa, enroll to a school/college, transfer to a student (M/F) visa, get married there

and stay in the states (maybe go home for the interview?) with him throughout the whole process?

Sorry if I'm being boring, I'm just trying to come up with a way for us to stay together. 

[Unlockable 7,314]

11 minutes ago, nev said:

I already have a tourist visa. So maybe I could go to New York on a tourist visa, enroll to a school/college, transfer to a student (M/F) visa, get married there

and stay in the states (maybe go home for the interview?) with him throughout the whole process?

Sorry if I'm being boring, I'm just trying to come up with a way for us to stay together. 

Listen. You are way off. That is not how student visas work. Please look onto the USCIS website and review the requirements for visas. Right now you are just throwing scenarios out there. If there was a way to do it the way you wanted, you would have been told already. You have already been advised on which route to take.

 

You can use your visitor visa for visits. You can't go to school with it. Nor work with it. Nor live in the US with it. It is, as the name states, for visiting. If you are found abusing the visitor visa, by working or extended living in the US,  it can get revoked.

 

Everybody wishes to spend the entire process with their loved ones. But it is what it is. Immigration takes time. And unfortunately, most times being separated during that time is part of the deal. 

 

 

Edited April 27, 2017 by NuestraUnion

[SusieQQQ 11,586]

13 minutes ago, nev said:

I already have a tourist visa. So maybe I could go to New York on a tourist visa, enroll to a school/college, transfer to a student (M/F) visa, get married there

and stay in the states (maybe go home for the interview?) with him throughout the whole process?

Sorry if I'm being boring, I'm just trying to come up with a way for us to stay together. 

Did you see the post about being able to get a derivative visa under the diversity system before he moves over? I'm not sure if you ignored that or if you already called the embassy and the timing isn't practical for you.

 

and as others have said and will say, it is illegal to use a non immigrant visa to go to the US with the intention of immigrating. Chances of you getting a student visa with a LPR spouse are close to zero.

Edited April 27, 2017 by SusieQQQ

[Jojo92122 1,924]

41 minutes ago, nev said:

I already have a tourist visa. So maybe I could go to New York on a tourist visa, enroll to a school/college, transfer to a student (M/F) visa, get married there

and stay in the states (maybe go home for the interview?) with him throughout the whole process?

Sorry if I'm being boring, I'm just trying to come up with a way for us to stay together. 

If there was a way, we would tell you.  There isn't.  You have been told this repeatedly by different posters who have been on here for years.

 

You are still trying to use a tourist visa to immigrate to the US.  That's fraud.  

 

What's wrong with applying for a student visa from your home country?  Why you got to be shady and use a tourist visa with the intent to AOS for a student visa?  

 

I am going to be blunt.  Try stupid and shady things and you will suffer.  There is no forgiveness for the spouse of a green card holder to abuse the system like that.

[Becci391 339]

There won't a faster way to be with him.

You can only visit each other and that's it. Period.

[Jojo92122 1,924]

Nev,

 

Plenty of people here have endured years of separations from their spouses.  Most can not get visitor visas to come to the US to see their spouses.  They wait patiently apart.

 

You are lucky.  You have a tourist visa.  You can visit.

You have been given the proper advice.

 

No one here is going to give you a break for suggesting fraudulent ways to immigrate to the US when you have been told there is no legal way to come early.  People here have years of experience, so it's highly unlikely that you are going to come up with a way that we haven't already explored over the years.

 

Good luck.