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bradoony

Marriage based visa and then won DV Visa.

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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?

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Filed: Citizen (apr) Country: Taiwan
Timeline

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 by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Russia
Timeline

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

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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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 by SusieQQQ
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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.

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Filed: Citizen (apr) Country: Ecuador
Timeline

Thread is locked in favor of more complete parallel discussion:

Please do not start duplicate queries in the future.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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