DV2022 winner divorce problem

[Denzel 0]

Asking for a friend.

My friend just won the DV2022, she wants a divorce but her husband refuses to divorce after knowing she won the DV lottery, she also has a little 5months child that she wants to take with her.

 Her case number is very low around 3k africa and she doesnt have much time left, how should she fill her ds-260, and what she should do if she is unable to get the divorce and child custody papers before the interview?

Edited May 17, 2021 by Denzel

[arken 4,197]

14 minutes ago, Denzel said:

Asking for a friend.

My friend just won the DV2022, she wants a divorce but her husband refuses to divorce after knowing she won the DV lottery, she also has a little 5months child that she wants to take with her.

 Her case number is very low around 3k africa and she doesnt have much time left, how should she fill her ds-260, and what she should do if she is unable to get the divorce and child custody papers before the interview?

What do mean she doesn't have much time?

 

She can submit DS-260 just for herself and the kid, she can leave her husband behind for the visa processing whether divorced or not but she cannot bring the child to the US without her husband's authorization.

 

Just wondering if she planned to divorce him before the DV result of after?

[Denzel 0]

38 minutes ago, arken said:

What do mean she doesn't have much time?

 

She can submit DS-260 just for herself and the kid, she can leave her husband behind for the visa processing whether divorced or not but she cannot bring the child to the US without her husband's authorization.

 

Just wondering if she planned to divorce him before the DV result of after?

I meant she doesnt have time to go to court and process everything, when she submit DS-260 should she chose married and fill his info or what, what do you mean by she can leave her husband behind for the visa processing, he will need to fill his DS-260 too? its required for her husband to be present at her interview if she does that? What about the divorce papers?

They were getting devorced before DV result but now her husband refuses to.

Edited May 17, 2021 by Denzel

[SusieQQQ 11,586]

34 minutes ago, Denzel said:

I meant she doesnt have time to go to court and process everything, when she submit DS-260 should she chose married and fill his info or what, what do you mean by she can leave her husband behind for the visa processing, he will need to fill his DS-260 too? its required for her husband to be present at her interview if she does that? What about the divorce papers?

They were getting devorced before DV result but now her husband refuses to.

There is not necessarily any great rush to submit DS260. She does not have to interview the first month she is able to, if she needs time to sort things out.  Or, she can fill in her ds260 now as married but check “no” to the question “is your spouse immigrating with you”. Then there will not be a ds260 generated for him. Then if/when she divorces she can update the ds260 to divorced, or update her marital status at interview (she will need the divorce certificate for both instances).

 

So yes, she can leave the husband behind by not filling in a ds260 for him. The problem I presume is that the husband likely has some leverage over her as most consulates require permission from the other parent for a child to get an immigrant visa. Sorting out this particular entanglement is beyond the scope of an immigration forum.

 

 

Edited May 17, 2021 by SusieQQQ

[Denzel 0]

17 minutes ago, SusieQQQ said:

There is not necessarily any great rush to submit DS260. She does not have to interview the first month she is able to, if she needs time to sort things out.  Or, she can fill in her ds260 now as married but check “no” to the question “is your spouse immigrating with you”. Then there will not be a ds260 generated for him. Then if/when she divorces she can update the ds260 to divorced, or update her marital status at interview (she will need the divorce certificate for both instances).

 

So yes, she can leave the husband behind by not filling in a ds260 for him. The problem I presume is that the husband likely has some leverage over her as most consulates require permission from the other parent for a child to get an immigrant visa. Sorting out this particular entanglement is beyond the scope of an immigration forum.

 

 

There is clear instructions to submit the DS-260 as soon as possible, so it's better if she submit before her case number becomes current to avoid any problems, What happens if she fails to get the divorce certificate since the husband is refusing to comply?

[SusieQQQ 11,586]

7 minutes ago, Denzel said:

There is clear instructions to submit the DS-260 as soon as possible, so it's better if she submit before her case number becomes current to avoid any problems, What happens if she fails to get the divorce certificate since the husband is refusing to comply?

Yes I know the instructions say to submit as soon as possible but it’s really not urgent, it is not first come first served. Interviews are arranged in case order number so she will probably be scheduled for October IF she submits now, but if she submits a bit later then she will just get scheduled a little later. Do you really think it is in her interest to get an interview as soon as possible given the messy situation she is trying to sort out? She does not lose her chance if she submits DS260 after her case number is current. She just needs to ensure it is done before about March-April to be sure of getting documents processed in time and scheduled before the end of the fiscal year. 
 

She doesn’t have to bring the husband with regardless of being divorced or not, as I already pointed out. Getting a divorce certificate or not is not a dealbreaker. She can leave him behind, and file for divorce from the US in the new jurisdiction where she lives. That is totally not the problem, the problem is she probably needs his cooperation to get a visa for the baby. 

[arken 4,197]

I don't think you can even submit ds260 at this time. Per visa bulletin, it's open for 2021 dv winners at present, looks like running last lots. I believe you can submit it only when visa bulletin specifies 2022 dv winners.

 

As already said, divorce won't affect her visa processing. She can proceed for herself and the child. The husband has to agree for the child to get the visa and to have the child immigrate. Even if the divorce is final before interview, if the father doesn't agree for the child to immigrate, she can't bring the child to the US.

 

 

[SusieQQQ 11,586]

4 minutes ago, arken said:

I don't think you can even submit ds260 at this time. Per visa bulletin, it's open for 2021 dv winners at present, looks like running last lots. I believe you can submit it only when visa bulletin specifies 2022 dv winners.

 

 

FYI This is not correct, you can submit a DS260 and people already have, you just don’t get an interview until your case number is current. 

[arken 4,197]

2 minutes ago, SusieQQQ said:

FYI This is not correct, you can submit a DS260 and people already have, you just don’t get an interview until your case number is current. 

Good to know, thanks. I stand corrected.

[SusieQQQ 11,586]

36 minutes ago, arken said:

Good to know, thanks. I stand corrected.

(You may have been getting confused with AOS - where you can’t file i485 until the number is listed as current in the VB - but that’s not relevant to this thread.)

[Timona 4,207]

All depends on country too. Per your profile, you are from Morocco and maybe your friend too?

There are some countries like Kenya where divorce can take a sluggish way in the court system unless you pay an insider to speed it up.

That being said, the faster she starts the divorce proceedings, the earlier she joins the queue.

[retheem 565]

23 hours ago, Denzel said:

Asking for a friend.

My friend just won the DV2022, she wants a divorce but her husband refuses to divorce after knowing she won the DV lottery, she also has a little 5months child that she wants to take with her.

 Her case number is very low around 3k africa and she doesnt have much time left, how should she fill her ds-260, and what she should do if she is unable to get the divorce and child custody papers before the interview?

Do the DS 260 and indicate he will not be immigrating. And moving forward, keep all conversations about the DV to yourself i.e. do not tell him. he is the kind that can sabotage