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  1. #1
    Sveta999 is offline Junior Member
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    Dec 2005
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    Question Marrying to DV Lottery winner.

    What is the name of your state? FL.

    Hello Board!

    I need advise on the following please! I am out of status and would like to get married with DV 2007 Lottery winner. Am I gonna be able to AOS? I was told that as a spouse of DV Lottery winner I can get GC automatically and do AOS in the U.S.
    Is there any other options for out of status individuals to get AOS in the U.S.?

    Thanks a lot and God Bless you all...

    Gratefully,
  2. #2
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by Sveta999
    What is the name of your state? FL.

    Hello Board!

    I need advise on the following please! I am out of status and would like to get married with DV 2007 Lottery winner. Am I gonna be able to AOS? I was told that as a spouse of DV Lottery winner I can get GC automatically and do AOS in the U.S.
    Is there any other options for out of status individuals to get AOS in the U.S.?

    Thanks a lot and God Bless you all...

    Gratefully,
    You might have gotten one if you had been listed (and married) as a spouse on the application. I'm guessing you weren't since you are not married yet and the lottery drawing is completed. Since he will "only" have a green card it is going to take years for you to get one by marriage to him.

    Did you enter the US legally on a visa?
    Last edited by AHA; 12-13-2005 at 10:57 AM.
  3. #3
    ImmigAttyLana is offline Senior Member
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    NO, this is not the reason you will not get the green card through marriage to a DV lottery winner. An after acquired spouse CAN benefit from a spouse's winning the lottery as long as 1. the marriage is BONA FIDE and VALID (I think the original poster may have also emailed me on this, in which case you already have my response) AND 2. the spouse trying to qualify for the green card through marriage to the DV lottery winner must be in the US LAWFULLY so that she CAN apply for adjustment of status. If you are in the US but are out of status, you are not eligible to submit the AOS application.

    Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

    Lana
    Immigration Attorney
    Admitted in CA, AZ, IN and OH
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH
  4. #4
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by ImmigAttyLana
    NO, this is not the reason you will not get the green card through marriage to a DV lottery winner. An after acquired spouse CAN benefit from a spouse's winning the lottery as long as 1. the marriage is BONA FIDE and VALID (I think the original poster may have also emailed me on this, in which case you already have my response) AND 2. the spouse trying to qualify for the green card through marriage to the DV lottery winner must be in the US LAWFULLY so that she CAN apply for adjustment of status. If you are in the US but are out of status, you are not eligible to submit the AOS application.

    Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

    Lana
    Immigration Attorney
    Admitted in CA, AZ, IN and OH
    Well, unless future spouses of green card lottery winners have priority over future spouses of "regular" green card holders, the process for the spouse to get a green card will still take some time.
  5. #5
    ImmigAttyLana is offline Senior Member
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    NO, that is NOT how the process works. Just because someone is notified that they have been selected as a "winner" in the DV lottery, does not mean that person already has a green card. THat person has the right to apply for the green card on the basis of this notification from the NVC. At the time of fiiling for the green card, the "winner" CAN include a spouse who became a spouse after the submission of the DV lottery application (hence, the after-acquired spouse) BUT the spouse MUST be eligible to file for adjustment of status (meaning the spouse must be lawfully present in the US) and of course must be in a valid, bona fide marriage with the "winner" of the DV lottery.

    Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

    Lana
    Immigration Attorney
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH
  6. #6
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by ImmigAttyLana
    NO, that is NOT how the process works. Just because someone is notified that they have been selected as a "winner" in the DV lottery, does not mean that person already has a green card. THat person has the right to apply for the green card on the basis of this notification from the NVC. At the time of fiiling for the green card, the "winner" CAN include a spouse who became a spouse after the submission of the DV lottery application (hence, the after-acquired spouse) BUT the spouse MUST be eligible to file for adjustment of status (meaning the spouse must be lawfully present in the US) and of course must be in a valid, bona fide marriage with the "winner" of the DV lottery.

    Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

    Lana
    Immigration Attorney
    You misunderstood me. Of course a spouse of a lottery winner doesn't have priority, that was just a remark in which I should have put a question mark or something behind! I'm not exactly a stranger to how the immigration system works. My point was that even if she would qualify as a spouse of someone who won the lottery, it will still take a long time for the spouse to get a green card, just like it would for spouses of people who got green cards in another way than "winning" it.

    Of course it is all under the presumption that the applicant actually gets a green card, otherwise all of this is moot.
  7. #7
    ImmigAttyLana is offline Senior Member
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    NO, that is NOT correct. If she were lawfully present and in the US, she would be eligible to get the green card at the same time the DV lottery "winner" would get his green card, which all has to happen within the fiscal year during which the lottery is held. It is NOT the same as for all other spouse green cards; it is a completely different process with a particular deadline/timeline. The issue in this case is the unlawful presence of the other spouse and, therefore, her inability to file for the adjustment of status through the lottery winner.

    Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

    Lana
    Immigration Attorney
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH

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