Dilemma: please help

[belle101]

Guysy quick question: please help.
Can someone get DV visa as a spouse--if they overstayed on a visitor visa by a week and if they have been denied F1 study visa?
The person who overstayed is not the main applicant--just accompanying spouse. The principal applicant is the woman and they got married after receiving NL....they have been dating for 8 years prior to getting married. Could that be seen as a redflag? Also, all his family lives in the US--mom and dad and siblings so would the visa officer think he only got married to enter the US and deny him the visa, in addition to him overstaying in the US for a week?

I know im throwing alot of information at you, but my relatives really like to know if they should pursue this because it iwll make no sense to go through with it if they r gnna be denied because he overstayed his B2 visa.

 

[bentlebee]

I'm not the person making the decision.....but IMO you have to deal with a huge RED FLAG case. Sorry.

F1 study visa denial
Overstaying B2 visa!!!!

They have to fill out family members, etc...and when they see they all live in the US that might be an additional red flag in this case.
Getting married after receiving the NL.....another Red FLAG...

That makes it 4 red flags IMO....sorry, that is how I see it.

 

[ak27]

I wouldn't be as pessimistic as the previous poster. The previous F1 denial may or may not be an issue depending on the reason for denial. If the F1 was denied say for having immigrant intent, it shouldn't affect the DV application since it's an immigrant visa.

The past overstay will likely be questioned. Have an answer as to why you overstayed and don't lie about why you overstayed. If you have a valid reason for overstaying make sure you have documentation to back it up. Luckily, overstaying for one week doesn't incur a ban.

Be prepared to prove your marriage is legit as well. They will likely consider it a sham since you only got married after being notified of your selection. Bring along photos of when you two were dating, say of your holidays, both of you attending family functions etc along with photos of the marriage ceremony itself. Also bring along documents to prove that you live together such as utility bills, bank statements etc in both your names which show where you live. If you have anything else which proves the marriage is legit, bring it to the interview with you.

 

[Dabug]

You're right - if they got married after she won the DV, then thats a red flag for the embassy, as they suspect they could have gotten married just so both get the GC. I would consult a lawyer, or better a whole bunch. Are they still in the US, or have they left? I would suggest that she gets it on her own, and then applies for him as an immediate relative upon her arrival in the US. He'll have to wait, but I think she has better chances of getting it without him. But then again she is supposed to update the officer at the time of the interview of her marital status, and if the officer decided to look up her husbands file, and sees his overstay, that might jeopardize her GC too. So its a tough one. Again, consult a lawyer!