Marriage After a DV Lottery Visa: What You Need to Know
Many individuals are left with the question of whether they can proceed with a marriage after receiving a visa through the Diversity Visa (DV) lottery program. The good news is that, legally, you can get married at any time. However, the process and consequences of marrying immediately post-DV lottery can have significant and complex repercussions. This article aims to provide clarity on the process, potential complications, and steps to take if you consider marrying after receiving a DV lottery visa.
Can You Get Married After a DV Lottery?
Yes, you can absolutely get married after receiving a DV lottery visa. However, the timing of your marriage can have substantial implications on your future immigration status and the potential for your spouse to join you in the United States.
The Risks and Challenges of Timing
Strategically speaking, the timing of your marriage could be viewed with suspicion by immigration authorities. There are instances where suspicion of marriage fraud could arise, which can lead to further scrutiny and potential denial of your visa or revocation of your status.
When the Timing Isn’t Ideal
The DV lottery process is highly competitive and visas are often issued in the closing stages of the year. Timing can be critical, as it might be too late for your spouse to secure a DV visa if the DV year is ending or the DV numbers for the year are exhausted. Even if your spouse does secure a DV visa, the process of obtaining a green card once you are in the US can take an extended period, typically more than three years.Post-Marriage and the Path to Your Spouse’s Green Card
If your spouse is unable to secure a DV visa, you can still petition for a green card from within the United States. However, the journey to obtaining your spouse’s green card is often a lengthy one, taking anywhere from 12 to 24 months, depending on the current backlog and processing times.
Steps to Take After Marriage
Secure a Marriage Certificate: Obtain a marriage certificate from your local or state marriage registrar. File a Petition for Alien Relative (Form I-130): This form is necessary to start the green card application process for your spouse. Wait for Priority Date: Check the current priority date status for your spouse’s visa category. This can be found on the National Visa Center (NVC) or Immigrant Visa Bulletin. Apply for the Immigrant Visa: Once your spouse’s priority date is current, file the necessary documents with the NVC. Wait at Consulate or Embassy: After the visa is approved, your spouse will need to travel to the nearest US consulate or embassy for an interview and to finalize the visa process.Understanding Your Rights and Responsibilities
It’s important to understand the rights and responsibilities involved in a marriage during the DV lottery process:
No Immediate Reunion: Unless your spouse secures a DV visa, immediate reunion in the US may not be possible. They may need to wait for their green card approval. Documentation: Keep all relevant documents and records pertaining to your marriage and legal status. Consultation: Seek legal advice if you encounter any complications or uncertainties regarding your status or marriage.Conclusion
Marring after a DV lottery visa can be a complex process with its own set of challenges and considerations. While legally you can proceed with a marriage at any time, the timing of your marriage can impact the ability of your spouse to join you in the US. Understanding the possible delays and complications can help you make informed decisions moving forward. If in doubt, seeking professional legal advice can provide clarity and guidance.