Hi carolineelle, the person Britsimon is referring to that also declared they were married (incorrectly) but was still successful is myself. I know this is cold comfort to you, but perhaps (as Britsimon suggested) you can use some aspects of my case to get a second opinion. Britsimon has all the details, and for (obvious) privacy reasons, I won't share too much personal identifiable info on this public forum. Before I begin, let me just say you should not give up. There was a man in my year (who I corresponded with) who was denied because he was arrested years ago in the company of a prostitute (and he thus had a criminal record). He got his lawyer involved, and it took some time, but the lawyer got him a reprieve, and literally at the very last minute, he was given his visas. The point is: Don't give up, and also (and I know you may not want to hear this), perhaps it's time to lawyer up.
Okay, a little bit about me. I was eligible to enter the DV twice: Once for myself, and once for my wife. I was not officially married at the time. For my first entry (the one for myself), I entered as single. I remember (mistakenly) thinking that was not correct, and so for my second entry (for my wife), I entered as married. My entry was not picked, however my wife's entry was picked. Celebration turned into dread when I realized what I had done, and I contacted many people. A lawyer (one that specializes in green card lottery - recommended by Britsimon) told me that I had no chance because I lied, and then stopped all communication with me stating he did not want to waste his time on a lost cause. Trawling through this forum, I seemed to get some hope and I decided to try it anyways. I prepared immensely - had a photo journal, could very much prove we were in a relationship. And I did one thing extra: As soon as I found out I was selected for further processing, I got married for real (Britsimon suggested I do this - and I think this is what really helped me). And so for anyone in this situation, if you are not legally married, then please, get legally married before you proceed further.
We needed to fly quite a distance to the get to the American consulate for our interview. On the day of the interview, we had everything ready: medicals, all needed documents, and extra documents proving our relationship. After paying, I thought: Gee, this could be really expensive - flying across the country, paying for medicals, staying in a hotel, and then paying the US gov. After giving our documents, we headed for the interview. I hardly slept the night before (not because I was nervous, but instead because I am a terrible sleeper), and so I looked like a Zombie. At the actual interview, the CO was very nice, but immediately said that there was a problem with marriage. He said he would need to get a decision from some "higher-up". He also said that in his experience, this permission was normally granted with a week or two. He did not even want to see proof of our relationship when I offered it to him - he just said simply: "I believe you two are in a genuine relationship". He was about to dismiss us when I interjected asking him if he would like an explanation as to why I entered us as married. He then said yes, he would like the explanation, and I basically said the same thing as you: That I thought I was common law married, and so I should enter as married as I thought the consequences would be dire if I entered as single. He then brought up the entry for myself, where I entered as single. Now up to this point, I had forgotten about that entry, and it totally took me by surprise. All my Zombie like self could say was that I did not remember that entry. He seemed satisfied, and asked for the explanation that I told him to be written up and emailed to them. In fact, I both emailed the explanation to them, and I posted it to them via snail mail.
What followed was an 8 month wait (so much for a week or 2's wait). During this time, there was absolutely no communication from the US to myself. Then mysteriously, three days before we celebrated our wedding (yep, we got married again so friends and family could attend), we were told we needed to do our medicals. I wrote back immediately and said we already submitted medicals, but they replied it had expired. After hearing this, Britsimon congratulated me as he said: We had just been given permission. And this was correct: After resubmitting (and repaying) for our medicals, we were requested to submit our passports for visas shortly there after.
Here are some take aways/advice (these are from my own perspective - Britsimon or Mom or ???, please feel free to chime in)
- For anyone in a situation where you are not sure that your outcome will be successful, do not do the medicals pre-interview - wait until you are actually accepted (however, if you do not have the luxury of time, you may be forced to do it pre-interview). The reason I say this is because either you will be successful immediately (in that situation they will ask you to submit the medicals ASAP), or you may be successful later or denied. For the last two possibilities, you could waste money on doing the medicals, even in the second case when you will be eventually successful, it could take so long that your medicals become invalid.
- For anyone in this situtaion, get married legally! Be legally married by the time of the interview. In fact, the sooner you do it, the better.
- If you get denied, have a lawyer who is used to dealing with the US consulate you are dealing with take up your case for you. This may be expensive, but I have seen it work. This lawyer would essentially petition the consulate on your behalf, which may make a huge difference because you petitioning the consulate means your are just another email coming to some clerk. That clerk can easily destroy your dreams.
- Always be super polite to the Americans - I am sure you are polite always, but I know sometimes it can get frustrating, specially when so much money is on the line. Getting angry will get you nowhere.
- Try to get some offer of employment in America (easier said than done). I was lucky because I worked for a huge fortune 500 company based in America, so essentially I had a job waiting for me. But proving to the Americans that you will not be a burden will help you (this is actually general advice - but I feel it did help me).
- Get ready to fly back to the consulate last minute. If you are given a reprieve at the absolute last minute (like the person I mentioned at the beginning of this post), you won't have time to rely on the postal system or even private courier. His only chance was to fly up and deliver things personally. He also had to fight to get the medicals done in record time. So take this into account. I feel (and this may be incorrect - Britsimon may know better) that reprieves are normally given last minute. What I think happens is that there are still some visas that they have to allot, and absolutely no time to do any further processing. So, they are more apt to forgive minor digressions at this point.
- Lastly, try to prepare yourself emotionally for not winning. I know this is tough, but it will protect you going forward.
Good luck! My advice is definitely to not give up. Speak to Britsimon and keep us informed.