Heya I have a question, I know we never know for sure how things work, but I would appreciate advice from some of the more experienced users/moderators on this forum:
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- My boyfriend and I are engaged (but not yet married).
- I won the lottery for a diversity visa (green card) and I'm DQed and already VB current, and I set my U.S. consulate to Sydney, Australia (cause we live there).
- My boyfriend already has a job sponsor in the U.S. and they are applying for a H1B for him to come to U.S. (he also is waiting for the Sydney consulate to open for his H1B interview).
- My boyfriend is considering changing/booking his H1B interview to another consulate overseas (because unlike Greencard Diversity visa, you can interview at any consulate), lots of consulates are open and have less than 1 month wait for a H1B interview booking.
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My questions are:
a) The only reason we haven't got legally married yet, is covid making it difficult for our friends/family to travel. But with that easing we are thinking of having marriage ceremony sooner rather than later...... If we do get married, would I need to ask for my DS-260 to be unlocked and add him to it as my husband, and have him collect all his documents (police certificates etc)?
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b) By unlocking my DS-260 and submitting it again with my new husband's details, will I lose my "place in the line" with KCC or at the Sydney Consulate? I initially submitted back in August 2021. By the time they respond to my unlock request and we re-submit, I might get it submitted in March or April 2022.
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c) Since my boyfriend already has a clear path to H1B, should he just add me on the H1B visa application as his wife after we get married. And go over to the U.S. together on his H1B (because it's dual intent) and when/if the Sydney Consulate re-opens, I fly back to Sydney and attend my Diversity Visa interview.
d) Or should we just wait to get officially married, and I wait for the Sydney consulate to reopen, and my boyfriend continues onto the U.S. with the H1B and we will eventually apply for his green card through marriage (through me, once I get it) and he transfers (Adjustment of status) from H1B to green card. I understanding this could take 12-36 months from application and can cost about $2k+ to file for. But at least we wouldn't rock the boat with my DS-260 etc
The thoughts of the moderators:
@Britsimon @Sm1smom and other moderators would be appreciated and respected.