Understanding the DV Lottery and Visa Process

The diversity visa (DV) lottery is a program that allows individuals from underrepresented countries to apply for a US green card. However, many applicants often have questions about their legal status and what they can do before their scheduled interview. Specifically, can a DV lottery winner marry before their interview? The answer is yes, but there are important considerations and steps to take before doing so.

What is the DV Lottery?

The DV lottery, also known as the Diversity Visa Program, is a United States government program that allows individuals from countries with low immigration rates to the US to enter a lottery. If a participant is selected, they apply for a green card that leads to permanent residency. The program is designed to encourage cultural and ethnic diversity within the country by allowing individuals from underrepresented countries to immigrate.

Can You Get Married Before Your Visa Interview?

Yes, you are not prohibited from getting married before your scheduled visa interview. However, while the DV lottery participant is free to enter into a legal marriage, they should be aware that there are certain implications and steps to consider:

1. Legal Marriage during the DV Process

Entering into a legal marriage while in the DV lottery process can complicate matters. The Department of State (DOS) has specific rules and guidelines that must be followed if you are in a relationship. Being married can potentially affect the processing of your application, and you must ensure that any marriage is legitimate and not designed as a fraudulent attempt to circumvent the immigration process.

2. Impact on the DV Lottery Issue

Once married, your spouse must also be considered in the process. This means that your spouse can also apply for a visa under your classification. However, the DV lottery process is designed for individuals who are not already eligible to enter the US due to work or family relationships. If you get married, your new spouse may also need to apply through the DV lottery or another pathway to enter the US.

What Happens After Your Visa Interview?

After the visa interview, if you receive an immigrant visa, you will need to depart the US to take up residency in the country. If you get married before your visa interview, you may need to inform the consular officer about your marriage. It is important to be upfront about your marital status to avoid any complications.

3. Immigration Process for the Spouse

Even if you and your spouse can enter the US together, the spouse will still need to apply for an I-130, Petition for Alien Relative. Processing this petition can also take around a year. Once the I-130 is approved, your spouse can then apply for an immigrant visa or adjustment of status.

Step-by-Step Guide

Based on the above considerations, here is a step-by-step guide for a DV lottery winner who intends to get married before their visa interview:

Ensure Legitimacy: Ensure that any new relationship is legitimate and not for the purpose of fraud. Counseling and Documentation: If you wish to marry, seek legal advice to ensure that your marriage is recognized in the US. Marriage Certificate: Get a marriage license and obtain a marriage certificate. Ensure that it is legal and recognized in the US. Inform the Consular Officer: If you get married before your visa interview, inform the consular officer about your marriage, providing evidence of the marriage. Proceed with DV Lottery: Complete the DV lottery process as usual, ensuring all documents and information are accurate and up-to-date. Wait for DV Lottery Result: If selected, proceed with the visa application process. Process I-130: Once you receive your immigrant visa, file for your spouse’s I-130 after you arrive in the US. Wait for I-130 Approval: This process can also span several months. Adjustment of Status: After the I-130 is approved, your spouse can apply for adjustment of status or an immigrant visa.

Conclusion

While it is possible to get married before your DV lottery interview, you need to be prepared for the potential impact on your application and the process of bringing your spouse to the US. It is important to consult with legal experts to ensure that your marriage is legitimate and that you are compliant with all immigration regulations. By following these guidelines, you can navigate the DV lottery and visa process smoothly and ensure a successful outcome.

This article is for informational purposes only and should not be construed as legal advice.