DV Lottery Winner and out of Status but married to a USC

T

tundeflows

New Member
I've been out of my F-1 status for more than 180 days, so and AOS wouldn't be an option for processing my DV Lottery. I got the winning notification 2 days ago and am currently married to a USC. I'd like to know if I can process my DV Lottery with the I-130 or I should just process my GC through my marriage. Which is faster?

Thanks in advance.
 
marriage based GC process now takes about 4 months. I'd go with that, because you won't need to leave the US.
 
Refuse the DV lottery and file for the GC based on marriage instead. Overstaying your F-1 could be a problem for the DV lottery even if you leave the US, and somebody else would appreciate the opportunity to use the lottery spot you gave up.
 
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