Hi warango.
My case is a bit similar. Hope it can help. Both my wife and myself had applied for the DV2011 lottery. We were common-law in Canada when we applied in 2009. When we applied for the lottery, we included each other as spouse even though we were not legally married as there was no option for common-law in the lottery and we did not think we were single.
A few months back my wife won the lottery. So, while filling up forms we sent to Kentucky (we entered our marriage date as the date on which we had our common-law marriage - i.e November 2008).
Also we got legally married in July 2010. We went to our interview in Montreal in October 2010 and we provided evidence of both the common-law and legal marriage.
Everything was okay except for the fact for a few small things - for e.g. they expected us to provide an address where we would be living in the USA and an address where we would have the PR card mailed out - and asked us to email that info ASAP (I emailed them the info of a friend the very next day - but come on - how do they expect people to have a US address?...if for e.g you know no one there or have never been there - which I am sure is the case for the majority of Diversity Lottery applicants)
Also the second thing is the way he was referring to everything according to US laws...for e.g. saying categorically that the US does not recognize a common-law marriage....I mean come on....given that he works in Canada.....where common-law is legally recognized....and given that he is bound to come across different types of marriages especially when it comes to Diversity lottery applicants (mostly origination from countries with legal systems that are vastly different from those of the USA) - i.e. some countries only have religious weddings, some countries have same sex marriages.....and obviously when these people get married they are not concerned whether the USA recognizes their marriage or not....
He asked the generic questions - i.e line of work, expected moving date, checked documents.......All went smoothly.
Finally the consulate officer said he could not approve the visa right away because he would need to do check the validity of our common-law marriage in Canada in the context of US laws - said that he would forward it to Washington...because he is not sure if (under US laws) my wife would be considered married or single when she entered the lottery.....as at the time she was not legally married.
And that's why he was placing it under administrative processing and gave us the white sheet of paper with 221(g) check off - and with the comment "administrative processing". Also he kept our passports and asked if we had registered for the DHL delivery - to which we replied "yes" and he said that it should take around 2 weeks to get our passports back. But it's been more than a month now and still no sign of the passports or no updates on the usvisa-info.com
Also, the very next day after the interview (although I was not asked to submit any documentation) I both emailed and faxed Montreal info that I found from official US Government websites regarding common-law marriage:
The first website is: Immigrant Visa for a Spouse (IR1 or CR1)
travel.state.gov/visa/immigrants/types/types_2991.html
“What is a "Spouse"?
A spouse is a legally wedded husband or wife.
* Merely living together does not qualify a marriage for immigration.
* Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.
* In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
* Same-sex marriages are not recognized by immigration law for the purpose of immigrating to the U.S.”
The second website is: Glossary of Visa Terms
travel.state.gov/visa/frvi/glossary/glossary_1363.html#commonlawmarriage
“Spouse:Legally married husband or wife. A co-habiting partner does not qualify as a spouse for immigration purposes. A common-law husband or wife may or may not qualify as a spouse for immigration purposes, depending on the laws of the country where the relationship occurs.”
So far I have emailed them asking about the status of the case. And I got the short reply below.
"Your case and documents you have sent in are still in review, we will advise you once a decision is made on your file. "
That wait is killing me. Did anyone here go through administrative processing before and knows how long it takes for it to be complete?
So warango,
I think it may actually be a good thing you did not include your partner in your lottery application. I would advise you to get legally married and then send the application forms to Kentucky with your legal date of marriage. That would be simpler. Then at your interview bring all documents you have to show you have been living together for 5 yrs...i.e to show that your marriage is real and not just for immigration. I have read posts on the board of people that have done it successfully....they may interview you separately....to make sure you live together.....and since your relationship is genuine....that should be okay...and this way you will be able to get your visa right away instead of being placed in administrative processing like me...
