Entering DV Lottery while applying for K1

[Simone Jakobsen 8]

Hello, 

 

I am asking this question for a friend. We were both au pairs in the US and my friend and her boyfriend decided to apply for a K1 visa. 

They are on hold like everybody else because of Covid-19 and in the meantime, they have started having some problems/challenges, caused 

by the whole long distance relationship - which is understandable. My friend always wanted to come back to the US, also before she met her 

boyfriend/fiancé so she is thinking about entering the DV Lottery. 

 

Since they haven't cancelled on their K1 application yet, she is not sure if she can enter the Lottery as well or if any of it will be considered fraud?

She is hoping her and her fiancé can figure things out, obviously, and if they can and they continue with the K1 application, will it be considered fraud

if she also entered the lottery?

 

I hope it makes sense and that someone can help me out so I can help her,

Thank you all.

 

Simone 

 

 

[SusieQQQ 11,586]

No problem entering the lottery with another application in progress. I don’t know why you think there would be anything fraudulent about it?

[Simone Jakobsen 8]

1 minute ago, SusieQQQ said:

No problem entering the lottery with another application in progress. I don’t know why you think there would be anything fraudulent about it?

I just wasn't sure so I'd rather just ask just in case. I was afraid it could look like she did the K1 just to get a chance to enter the US if she also decides to enter the lottery. Like she would do anything possible to get a free pass to the states and that is just not the case. I don't know if that makes any sense. 

[HRQX 4,145]

25 minutes ago, Simone Jakobsen said:

so she is thinking about entering the DV Lottery.

Just a note that the pending K-1 is probably looking at visa issuance in first half of 2021, assuming a change in President and subsequent actions (i.e. ending Schengen proclamation, etc.). Foreign nationals selected in the current lottery can submit their immigrant visa applications starting on October 1, 2021.

Edited November 9, 2020 by HRQX

[SusieQQQ 11,586]

21 minutes ago, Simone Jakobsen said:

I just wasn't sure so I'd rather just ask just in case. I was afraid it could look like she did the K1 just to get a chance to enter the US if she also decides to enter the lottery. Like she would do anything possible to get a free pass to the states and that is just not the case. I don't know if that makes any sense. 

No, the instructions specifically say you can enter while you have another petition in progress. DV is way easier and less messy for the applicant - as well as cheaper - than a fiancé or spouse visa so it always makes sense to have it as an option. No i864 required (though an i134 is sometimes useful, it is also less onerous for the sponsor legally), no proof of relationship needed,  no AOS for K1, no removal of conditions needed, etc. 

Edited November 9, 2020 by SusieQQQ