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Hi there,

friend of mine was one of DV lottery winners for 2022 & she is married her spouse already a permanent resident of USA . He is getting ready to apply for her I-130 however since his wife won a DV lottery he was relieved until he realized that his wife didn’t include him on her DV Application .

so now she is confused what she will be doing . Since she claimed that she is single when she was married . Any advice will be greatly appreciated.

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Filed: F-2A Visa Country: Nepal
Timeline

Copied directly from state department page that provides visas.

 

Important note: If you had a spouse or children prior to submitting your original entry, but you did not include them on your original entry form, such errors may render you, as well as any of your family members, ineligible for a diversity visa.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Citizen (apr) Country: Kenya
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Why is he even worried that his wife played DV as single? Additionally, he's a permanent resident. Might as well free the DV number for someone else/ another family and just continue with the I-130 that he's already filed for the wife. End result is the same i.e you obtain GC


Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Posted (edited)

Gee. Such criticism from people who don’t understand the DV rules.

 

This story is a little confusing and not as black and white as some posters above try to make out. 
 

Did the wife enter as actually single, or did she just not list him as the instructions actually say to not include a USC or LPR spouse?

 

If your spouse is a U.S. citizen or Lawful Permanent Resident, do not list him/her in your entry. A spouse who is already a U.S. citizen or LPR will not require or be issued a visa. Therefore, if you select “married and my spouse IS a U.S. citizen or U.S. LPR” on your entry, you will not be prompted to include further information on your spouse.

(See instruction 13 on page 5 https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2022-Instructions-Translations/DV-2022-Instructions-and-FAQs_English.pdf )


If as I suspect it is the above that happened, there really is no problem with what was listed. Does he want to file i130 as well because he thinks it will be faster,  or because they are worried about her case number, or why? DV is just so much easier and cheaper and usually faster than a family based application.


By the way, when did they get married?

 

 

 

 

Re  comments from the other posters:

 

1 hour ago, arken said:

Copied directly from state department page that provides visas.

 

Important note: If you had a spouse or children prior to submitting your original entry, but you did not include them on your original entry form, such errors may render you, as well as any of your family members, ineligible for a diversity visa.

Not relevant when the spouse does not need a visa, as per the instructions. 
 

1 hour ago, retheem said:

He should act the widow. Should she fail at the embassy, he continues playing the widow, essentially doing away with the marriage.

Your attempt at misleading the consular staff is unnecessary, as well as a violation of VJ ToS.

 

1 hour ago, Timona said:

Might as well free the DV number for someone else/ another family and just continue with the I-130 that he's already filed for the wife. End result is the same i.e you obtain GC

End result is an unconditional rather than possibly conditional GC for the selectee (if marriage less than 2 years) which is quite a difference in future hassle. Plus DV is much easier and cheaper in the first place to get GC. It’s an obviously preferable route if it’s an option. By the way one visa free is only one visa, it will not free up for “another family”.

 

 

Edited by SusieQQQ

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Filed: F-2A Visa Country: Nepal
Timeline
Posted (edited)
8 hours ago, SusieQQQ said:

 

Not relevant when the spouse does not need a visa, as per the instructions. 

 

Could be relevant in terms of lying in the application as single when already married. That may affect the processing, however, if she listed herself as married but just not listed the spouse, irrelevant for sure.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: IR-1/CR-1 Visa Country: Ghana
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Op, I think if she claimed single on the DV application when in fact she was really married at the time, then it 'could' be an issue. If she was truly single at the time, then no problem at all. Can you clarify?

But inferring from your original statement it looks like she was married but put single on the DV application at the time of submission. If that's the case I'll suggest go the I-130 route to avoid complications.

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Posted (edited)
3 hours ago, arken said:

Could be relevant in terms of lying in the application as single when already married. That may affect the processing, however, if she listed herself as married but just not listed the spouse, irrelevant for sure.

This is not actually clear to me, as I said in the post. Clarification would be good. (The reason I say it is not clear, is because the selection letter does not say what your marital status is, it just lists if there any family members but it only lists those who are named as derivatives. And just about nobody saves a copy of their entry.)

Edited by SusieQQQ

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Filed: F-2A Visa Country: Nepal
Timeline
1 hour ago, SusieQQQ said:

This is not actually clear to me, as I said in the post. Clarification would be good. (The reason I say it is not clear, is because the selection letter does not say what your marital status is, it just lists if there any family members but it only lists those who are named as derivatives. And just about nobody saves a copy of their entry.)

Agreed. I believe the recent lottery application has options line "unmarried", "married and spouse is LPR", married and spouse is a USC" " spouse neither of such" something like that. I hope at least the marital status was mentioned correct during the entry. 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: K-1 Visa Country: Cuba
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Question does the children have to fill out a DS260 along with the selectee? We had stated in the DS260 that the daughter was migrating with her. Is that all we need to do? 

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10 minutes ago, Waterlilyh20 said:

Question does the children have to fill out a DS260 along with the selectee? We had stated in the DS260 that the daughter was migrating with her. Is that all we need to do? 

Every family member who is applying for a visa has to fill out a DS260.

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Filed: K-1 Visa Country: Cuba
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7 minutes ago, SusieQQQ said:

Every family member who is applying for a visa has to fill out a DS260.

So I use the mother NVC number to put on the daughters DS260? I feel alittle lost we had submitted the DS260 for the mom and we stated the daughter was migrating with her but we didn’t know we had to do a DS260 on the daughter. 
 

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Just now, Waterlilyh20 said:

So I use the mother NVC number to put on the daughters DS260? I feel alittle lost we had submitted the DS260 for the mom and we stated the daughter was migrating with her but we didn’t know we had to do a DS260 on the daughter. 
 

Is this for a DV case? You are posting in the DV forum so I assumed so. There is no NVC number, you use the DV case number. Yes it’s the same case number for the full family. (If this is not for a DV case then you need to get this moved to the appropriate forum as the specific answer is different.) 

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Filed: K-1 Visa Country: Cuba
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2 minutes ago, Waterlilyh20 said:

So I use the mother NVC number to put on the daughters DS260? I feel alittle lost we had submitted the DS260 for the mom and we stated the daughter was migrating with her but we didn’t know we had to do a DS260 on the daughter. 
 

Yes this is for the DV 2022 , May 8 2021 selectee

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Filed: K-1 Visa Country: Cuba
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2 minutes ago, Waterlilyh20 said:

Yes this is for the DV 2022 , May 8 2021 selectee

Is it to late to do the DS 260 on the daughter since we already submitted for the mother?

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