Marriage based visa and then won DV Visa.

[bradoony 54]

Hey everybody. My wife and I got married a month ago (I am the petitioner) in the US. I proposed to her and shortly after we got married. We were doing the whole process to petition for her and then adjust her status. I almost finished all the paper work. Then we found out she was selected for the diversity visa. I don’t know what to do now. To still proceed on the marriage based visa and adjust status or do the DV Visa?

[Crazy Cat 41,836]

I see no reason or benefit in continuing with the DV process now that she has applied for Adjustment of Status..  Besides, I don't think she now qualifies for the DV since she resides in the US.

Edited June 7, 2020 by Lucky Cat

[Dashinka 24,488]

Is your wife currently in the US completing Adjustment of Status?  If so, I agree with @Lucky Cat.

[SusieQQQ 11,586]

2 hours ago, Lucky Cat said:

I see no reason or benefit in continuing with the DV process now that she has applied for Adjustment of Status..  Besides, I don't think she now qualifies for the DV since she resides in the US.

Not true, DV winners residing in the US can apply for adjustment of status too.

I’m going to somewhat disagree with my fellow VJ members above.

 

If she has already applied for adjustment based on marriage, then I agree probably little reason to follow through with DV.

Same if she is here illegally/overstay or on a tourist visa or something else that won’t give her a legal status to adjust from for DV by the time a DV visa is available to her (earliest, October, could be later).

 

BUT if she is here legally on another visa (like student visa) I’d actually recommend DV route for a bunch of reasons, including not having to show all the proof of relationship you need for marriage based, and the fact that she’d get an unconditional green card immediately, so no having to do ROC later.  Depending on her DV case number, AOS through DV may be faster or slower than via marriage from now, that’s not something knowable at this stage. (DV cases do not go into the same queue as other AOS so they are often faster from the same start point.)

 

 

Edited June 7, 2020 by SusieQQQ

[SusieQQQ 11,586]

5 minutes ago, SusieQQQ said:

Not true, DV winners residing in the US can apply for adjustment of status too.

I’m going to somewhat disagree with my fellow VJ members above.

 

If she has already applied for adjustment based on marriage, then I agree probably little reason to follow through with DV.

Same if she is here illegally/overstay or on a tourist visa or something else that won’t give her a legal status to adjust from for DV by the time a DV visa is available to her (earliest, October, could be later).

 

BUT if she is here legally on another visa (like student visa) I’d actually recommend DV route for a bunch of reasons, including not having to show all the proof of relationship you need for marriage based, and the fact that she’d get an unconditional green card immediately, so no having to do ROC later.  Depending on her DV case number, AOS through DV may be faster or slower than via marriage from now, that’s not something knowable at this stage. (DV cases do not go into the same queue as other AOS so they are often faster from the same start point.)

 

 

Oh @bradoonythere is another advantage for you if she goes DV route - while an affidavit of support from you would still be helpful for public charge issues for DV AOS  (it’s not absolutely required for DV like for family cases), the appropriate one for DV is I134 which is less onerous and not really legally binding vs the I864.

[TBoneTX 45,266]

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