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E2 after refusing a DV Lottery ?

G

Grand

New Member
Hello Everyone,

I am dealing with a though situation...

I won the GC lottery this year (DV2017) and I am right now in the middle of the process (my interview should be in few weeks). BUT my personal situation has changed and I am unfortunately considering very seriously to drop the GC...

I would like to know if it is still possible to apply for an E2 visas in the following years ? I am a french entrepreneur and would be able to invest what it takes. But I would like to be sure that the administration is willing to study my case and not automatically decline it because I've refused a DV...

What do you think ?

Thank you so much for your help.
 
Britsimon said:
Stopping the DV process (not attending the interview) won't affect any further applications.
Click to expand...


Dear Simon,
Thanks a lot for your answer.

1)Does it mean that if I do attend the interview it could be a problem later ? (if I do not honor the green card) ?

2) To tell you a little more about my case, when I fullfiled the file in November 2015 I was single. When I fullfiled the DS260 in july, I was seeing someone for 1 month (nothing serious at the time) so I said again that I was single. Now things are getting serious with my girlfriend and we just found out that she is now pregnant. I don't know what to do. I am quite lost.

Simon I just red your Post around mariage during the process. Based on my number (EU21XXX) and the visa Bulletin, the interview should be around March or April and it seems a little late to modify the DS260... don't you think ? If I unlock now can I have enough time to marry my girlfriend ?

Based on my number, my interview should be around March or April. What should I say to the ambassade if I choose to proceed ?

3) My girlfriend already has a child. If we get married and still move on with the GC will he be able to come with us ?

(I am sorry if my questions around the GC are not in the right section).
 
Grand said:
Dear Simon,
Thanks a lot for your answer.

1)Does it mean that if I do attend the interview it could be a problem later ? (if I do not honor the green card) ?

2) To tell you a little more about my case, when I fullfiled the file in November 2015 I was single. When I fullfiled the DS260 in july, I was seeing someone for 1 month (nothing serious at the time) so I said again that I was single. Now things are getting serious with my girlfriend and we just found out that she is now pregnant. I don't know what to do. I am quite lost.

Simon I just red your Post around mariage during the process. Based on my number (EU21XXX) and the visa Bulletin, the interview should be around March or April and it seems a little late to modify the DS260... don't you think ? If I unlock now can I have enough time to marry my girlfriend ?

Based on my number, my interview should be around March or April. What should I say to the ambassade if I choose to proceed ?

3) My girlfriend already has a child. If we get married and still move on with the GC will he be able to come with us ?

(I am sorry if my questions around the GC are not in the right section).
Click to expand...

1. The further you go down the path toward the DV process the more clear you are making your "immigrant intent". So - entering the lottery means nothing, submitting DS260 established some level of intent, attending the interview is a very clear demonstration of immigrant intent. Why is that important? Well, some non immigrant visas are awarded on the understanding that the person does not have "immigrant intent". In that case the evidence of previous immigrant intent can cause risk of denial (risk, not certainty). The E2 is one such visa.

2. Well you have some life decisions to make regarding your relationship. But I will answer technically. If you marry immediately and unlock, there would be time to add your spouse. The story is understandable, and whilst you might have some questions proving the relationship is genuine, but other than that it is possible to include her (if married). The question is when can you get married. If you want to take advantage of the DV process you should act fast. By the way, the DV lottery is a "once in a lifetime" event. It's the easiest way to get a GC.

3. Yes. That child will be your step child and as such can be a beneficiary.

FYI, another option would be to go through the DV process as single. You have 6 months to enter, and once you have entered you can leave the USA for up to 1 year (or 2 years with a re-entry permit). If you marry later you could then sponsor your spouse and step child. However, that sponsorship process might take around 2 years.

Now, make your mind up and move ahead with your decision.
 
Thank you so much for all the information I really appreciate your help. Like you sais I have to make my mind up :) Not easy.
 
Hi Simon,
Happy new year :)

It is me who wasn't very clear : the poster (me) is NOT the father of the 1st child of my girlfriend. Is that a problem if we choose the mariage Path (very soon) and keep going with the GC ?
 
Grand said:
Hi Simon,
Happy new year :)

It is me who wasn't very clear : the poster (me) is NOT the father of the 1st child of my girlfriend. Is that a problem if we choose the mariage Path (very soon) and keep going with the GC ?
Click to expand...

That was my understanding. Your girlfriend has a child from a previous relationship, and is now pregnant. My previous answers were based on that understanding.
 
Can I be the little voice in the corner wondering about the wisdom of rushing into a marriage that otherwise might not happen just to get a green card and then go through the stress of emigrating with a newborn. No judgement involved here, it may well be the right decision, but these are big decisions that IMO should be well thought through.
 
SusieQQQ said:
Can I be the little voice in the corner wondering about the wisdom of rushing into a marriage that otherwise might not happen just to get a green card and then go through the stress of emigrating with a newborn. No judgement involved here, it may well be the right decision, but these are big decisions that IMO should be well thought through.
Click to expand...

Yeah, I was avoiding that whole topic....
 
Thank you SusieQQQ for your little voice, it is very true and in my heart I do feel that rushing a mariage is not the right thing to do ( our relationship is still pretty new).

If I choose to stop the GC process before the interview, can I enter the DV LOTTERY 2018 or 2019 again ?
 
Grand said:
Thank you SusieQQQ for your little voice, it is very true and in my heart I do feel that rushing a mariage is not the right thing to do ( our relationship is still pretty new).

If I choose to stop the GC process before the interview, can I enter the DV LOTTERY 2018 or 2019 again ?
Click to expand...

Yes, you can enter again. Your chance of being selected again is about once in 100 years.
 
Just a quick question on this old topic : do you know if it is possible, when the interview is schedule, to open the DS260 to change the situation ?

I've got now this configuration : the interview is planned for the beginning of April in Paris and the Mariage should occur few days after (we are now waiting for the exact date).

Is there a wise thing to do here ?
Thanks again for your help !
 
Grand said:
Just a quick question on this old topic : do you know if it is possible, when the interview is schedule, to open the DS260 to change the situation ?

I've got now this configuration : the interview is planned for the beginning of April in Paris and the Mariage should occur few days after (we are now waiting for the exact date).

Is there a wise thing to do here ?
Thanks again for your help !
Click to expand...

No you can no longer get KCC to unlock the DS260 form again once an interview is scheduled. If you were to get married before your interview date though, you may be able to get your embassy to unlock the form to enable you add a spouse - not a simple straight forward option IMO (there are potential complications with that). But the second option is not even applicable in your case since the plan is to get married after your interview anyways.
 
Ok thank you very much.

And if I have before the interview, an official document from the France City Hall that prove that the mariage will officially occur few days after the interview... is there a chance here ?

I am going to do what I can to have the mariage before April the 5th but I want to know if the ambassade could be comprehensive if not possible ?
 
Grand said:
Ok thank you very much.

And if I have before the interview, an official document from the France City Hall that prove that the mariage will officially occur few days after the interview... is there a chance here ?

I am going to do what I can to have the mariage before April the 5th but I want to know if the ambassade could be comprehensive if not possible ?
Click to expand...

The document means nothing if the wedding hasn't taken place, it doesn't have the same value as an actual marriage certificate. It's not unusual for someone to change their mind about getting married just before the marriage takes place, even if one party is heavily pregnant or there's already a child involved, right?
 
So I can't find information on their website (us ambassade in Paris) : a option for me would be to re-schedule the interview don't you think ?
Would you know if there are some good reasons that I can call upon... ?
 
Grand said:
So I can't find information on their website (us ambassade in Paris) : a option for me would be to re-schedule the interview don't you think ?
Would you know if there are some good reasons that I can call upon... ?
Click to expand...

You don't need "some good reasons". You always tell the truth. Just the truth.

Rescheduling is possible, but introduces risk and delay. So - they will reschedule, but not necessarily when you want it. However, given the corner you have painted yourself into, that is probably your best option.
 
Thank you so much for your patient answers, I really appreciate. You are right I am quite in an epic corner :)

I am gonna them write an email with the truth, nothing but the truth and see. I am willing to take the risk. Delays are not a problem.
 
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