Married on a Tourist Visa

[TBoneTX 45,312]

Duplicate thread in Diversity Visa forum is locked; discussion here is more complete.

Please do not start duplicate inquiries in the future.

[HRQX 4,145]

@SusieQQQ, to clarify other thread she is currently in B-2 status. Quick calculation shows she won't be in B-2 status in October.

[SusieQQQ 11,586]

3 hours ago, bradoony said:

Good morning everybody! My wife had applied for the Diversity Lottery VISA about a year ago and she got an email this morning saying she got selected...... I don’t know what we should do now. Continue with the marriage visa or now the diversity lottery visa?

Oh, it would have helped for you to be clear about her current status in the DV thread. As she is here on a tourist visa she won’t be in status by the time her DV visa is current, so AOS from that is not an option. For her a DV visa would be preferable (for reasons described in DV thread) but pointless as she won’t be eligible. (I assume neither of you wants her to return home to await processing.)

[bradoony 54]

Well now we are almost done with all the "Marriage Based Visa" documents. I have not submitted them yet. Pretty much all the forms are filled out, medical exam complete, school records translated, etc. Just waiting on a few other things. Now here is why we are confused. My wife's Visa status (B2) is still valid until mid July but we think we will be able to extend her visa if we go the DV route. The case number is low (#100) and I think because the case number is low hopefully  we will get the case viewed earlier than most. I just don't know which route will be easier for us because the marriage based visa I am missing things such as her tax transcript (worked as J1 student prior) and credit score. The DV visa seems like it doesn't need any proofs but if we are not able to extend the visa will it be an issue? Very confused on what to do

[Just Paul 4,595]

11 minutes ago, bradoony said:

My wife's Visa status (B2) is still valid until mid July but we think we will be able to extend her visa if we go the DV route.

It is possible but doubtful to extend the B2 visa.  Countries and airports are opening up so she can probably travel back soon.

12 minutes ago, bradoony said:

I just don't know which route will be easier for us because the marriage based visa I am missing things such as her tax transcript (worked as J1 student prior) and credit score.

A tax transcript won't be a deal breaker for a spousal as she is not self sponsoring and there are knowm issues right now for getting a tax transcript.

16 minutes ago, bradoony said:

The DV visa seems like it doesn't need any proofs

DV will need sponsorship, PCC and plus basically the same things as the spousal.

 

You do run the risk of her returning home and then having an some new issue come up because of the pandemic or a change in executive orders.

[HRQX 4,145]

15 minutes ago, bradoony said:

The DV visa seems like it doesn't need any proofs but if we are not able to extend the visa will it be an issue?

For I-539 extension application, she'll have to submit a letter stating why her extended stay would be temporary; can't honestly (or legally) state that extended stay will temporary if she intends to submit I-485 in the near future. Also, while I-539 is pending and I-94 end date has passed the applicant isn't in a lawful status. Thus, while I-539 is pending her DV AOS can't be submitted.

[SusieQQQ 11,586]

27 minutes ago, bradoony said:

y wife's Visa status (B2) is still valid until mid July but we think we will be able to extend her visa if we go the DV route.

You can’t extend a non immigrant status with the intent to use that to stay and adjust status. She’d probably go out of status in the interim anyway, if her B stay ends and she has not got a decision on the extension (she doesn’t accrue unlawful presence with an extension filed, but she is still out of status.) 

You have to realize something critical about adjusting for DV: all the authorized stay/adjustment rules apply. It’s not like adjusting as a spouse if a USC, where they forgive all sorts of things. So if she goes out of status for even a day while she is waiting to adjust, even if she goes back into status after, she cannot adjust to DV. Even in the unlikely event it is approved before the initial stay expires, if they see during a DV AOS petition that she extended a b visa stay with intent to adjust status they can refuse it ( the only way you can get around this is to truthfully declare this is the purpose of the B extension, but of course it won’t be approved then). 

Edited June 8, 2020 by SusieQQQ

[bradoony 54]

5 minutes ago, Paul & Mary said:

It is possible but doubtful to extend the B2 visa.  Countries and airports are opening up so she can probably travel back soon.

A tax transcript won't be a deal breaker for a spousal as she is not self sponsoring and there are knowm issues right now for getting a tax transcript.

DV will need sponsorship, PCC and plus basically the same things as the spousal.

 

You do run the risk of her returning home and then having an some new issue come up because of the pandemic or a change in executive orders.

Most likely we will just proceed with the Marriage based visa in that case. We had to amend my wife's taxes from the prior year, so I have all the copies. I think to just provide the amended tax forms and the receipt of shipment of document to the IRS instead of the transcript. Do you think that will suffice?

[SusieQQQ 11,586]

5 minutes ago, HRQX said:

For I-539 extension application, she'll have to submit a letter stating why her extended stay would be temporary; can't honestly (or legally) state that extended stay will temporary if she intends to submit I-485 in the near future. Also, while I-539 is pending and I-94 end date has passed the applicant isn't in a lawful status. Thus, while I-539 is pending her DV AOS can't be submitted.

Or after. If she has been out of status at any point during the stay she will be ineligible to adjust. All the rules apply strictly for a DV AOS.

 

9 minutes ago, Paul & Mary said:

 

DV will need sponsorship, PCC and plus basically the same things as the spousal.

 

 

DV is self sponsored. She will only need an i134 (not i864] from someone if she can’t show she can support herself.

[bradoony 54]

2 minutes ago, SusieQQQ said:

You can’t extend a non immigrant status with the intent to use that to stay and adjust status. She’d probably go out of status in the interim anyway, if her B stay ends and she has not got a decision on the extension (she doesn’t accrue unlawful presence with an extension filed, but she is still out of status.) 

You have to realize something critical about adjusting for DV: all the authorized stay/adjustment rules apply. It’s not like adjusting as a spouse if a USC, where they forgive all sorts of things. So if she goes out of status for even a day while she is waiting to adjust, she cannot adjust to DV. Even in the unlikely event it is approved before the initial stay expires, if they see during a DV AOS petition that she extended a b visa stay with intent to adjust status they can refuse it ( the only way you can get around this is to truthfully declare this is the purpose of the B extension, but of course it won’t be approved then). 

I understand. So basically, if the B-2 expires while trying to adjust to DV; there is a high chance of rejection. If B-2 visa expires while AOS for marriage visa ; it is forgiven much more easily. Is that correct?

[Just Paul 4,595]

1 minute ago, bradoony said:

If B-2 visa expires while AOS for marriage visa ; it is forgiven much more easily. Is that correct?

Yes - AOS from B2 is basically forgiven.

[SusieQQQ 11,586]

1 minute ago, bradoony said:

I understand. So basically, if the B-2 expires while trying to adjust to DV; there is a high chance of rejection. If B-2 visa expires while AOS for marriage visa ; it is forgiven much more easily. Is that correct?

If B2 expires there is 100% chance of denial of DV AOS, it is a statutory bar to adjustment. Adjustment in an immediate relative category (such as spouse of USC) is an exemption to this bar.

[HRQX 4,145]

8 minutes ago, bradoony said:

If B-2 visa expires while AOS for marriage visa ; it is forgiven much more easily.

"Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8 Must adjust through an IR category.

Edited June 8, 2020 by HRQX

[James D 39]

On 6/7/2020 at 1:44 PM, Lucky Cat said:

Does a person who currently resides in the US qualify for a DV?

Can't help you there as I know nothing about Diversity Visas.

 

I married my wife in the USA back before the Department of Home Security was created and paperwork was a breeze. She was approved and received her Greencard in Houston, TX. in July after our marriage in May.

 

Though the paperwork and hassle is much greater now just have patience and things will work out.

 

She had to give up her Greencard after spending too much time overseas helping take care of her mom. We were not aware of the new rules regarding immigration. We began working on a second Greencard in 2018. Get informed and stay well informed until she gets her citizenship.

 

Good luck!

Edited June 8, 2020 by James D
grammar correction

[bradoony 54]

Quick question ; on the application on the I-944 when its asks liabilities or debts ; if i dont have any i'll just be putting none or 0. But my question is, on the instructions, it says for numeric questions if the answer is 0 or none, to just put "NONE". Just double check what other people who already submitted and approved if they put NONE for the same thing I am asking about. Its just looks strange to me to see NONE on the form where I "should" be giving a dollar amount, even if the amount is 0.