Getting B1 visa after DV lottery DS260 submission

#1
Hello,

As winners of the lottery, me and my wife, we have already sent all the forms and are now waiting for an interview.
But suddenly my wife needs to travel to the US for a couple of weeks for a business trip. She's planning to tell the truth to the VO - there's absolutely no desire to stay there illegally, and her husband stays at home during her trip - but still, I suppose winning a lottery and submitting forms is seen as confirmed immigration intent which is hard to overcome for a nonimmigrant visa.

Are there still chances to get a B1 visa? Perhaps there may be additional documentation to bring to the interview...
Thanks.
 

Britsimon

Super Moderator
#2
Hello,

As winners of the lottery, me and my wife, we have already sent all the forms and are now waiting for an interview.
But suddenly my wife needs to travel to the US for a couple of weeks for a business trip. She's planning to tell the truth to the VO - there's absolutely no desire to stay there illegally, and her husband stays at home during her trip - but still, I suppose winning a lottery and submitting forms is seen as confirmed immigration intent which is hard to overcome for a nonimmigrant visa.

Are there still chances to get a B1 visa? Perhaps there may be additional documentation to bring to the interview...
Thanks.
When applying for a non immigrant visa (NIV), a major hurdle is top show the CO that you will return to the home country. That means showing ties to the home country, job, family, home, possessions and so on. That burden of proof is still necessary after the DS260 submission. Yes, the DS260 has shown intention to immigrate to the USA, but it does NOT destroy a NIV application automatically. In fact, I would argue that someone who is waiting for DV processing is MORE likely to abide by the rules. So - prepare proof of ties to the home country well and all should be fine. A letter from the company explaining the purpose of the business trip would be useful.
 

1AurCitizen

Registered Users (C)
#3
Genuine applicants with legitimate reasons to travel on a NIV do get approved with pending ds260s. Up to the applicant to show ties that make you board a flight home.
 
#5
When applying for a non immigrant visa (NIV), a major hurdle is top show the CO that you will return to the home country. That means showing ties to the home country, job, family, home, possessions and so on. That burden of proof is still necessary after the DS260 submission. Yes, the DS260 has shown intention to immigrate to the USA, but it does NOT destroy a NIV application automatically. In fact, I would argue that someone who is waiting for DV processing is MORE likely to abide by the rules. So - prepare proof of ties to the home country well and all should be fine. A letter from the company explaining the purpose of the business trip would be useful.
There's a question in DS160 form: Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?
I suppose she should be answering Yes - but what would you recommend to write in the Explain box? Just a statement that her husband was selected and that there's a pending DS260? Case number? Or maybe try and explain in that field that there's no intent to overstay this B1 visa?
 

Britsimon

Super Moderator
#6
There's a question in DS160 form: Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?
I suppose she should be answering Yes - but what would you recommend to write in the Explain box? Just a statement that her husband was selected and that there's a pending DS260? Case number? Or maybe try and explain in that field that there's no intent to overstay this B1 visa?
Just answer the question simply and honestly.
 
#7
Just answer the question simply and honestly.
Is a submitted DS260 an immigrant petition with the USCIS at all? We're filing it to the Department of State, after all.
And there's no question about hiding any information, I'm just wondering how much is enough - is it fine to provide a short fact statement or would they like more if the applicant expands on their intent a bit more.
 

Britsimon

Super Moderator
#8
Is a submitted DS260 an immigrant petition with the USCIS at all? We're filing it to the Department of State, after all.
And there's no question about hiding any information, I'm just wondering how much is enough - is it fine to provide a short fact statement or would they like more if the applicant expands on their intent a bit more.
A DS260 is an immigrant postion. You always just answer the question. If they want more detail, they will ask.
 
#9
So my wife went to the interview today and her B1/B2 application was put on hold for Administrative Processing.
Our DV interview is in 5 weeks - I wonder what will happen if this AP doesn't end before our interview... At least in the sense that she can't register DV document delivery on ustraveldocs while she has an active DS-160 application
 
#10
So in case anyone might be interested...
After all, my wife did not get her B1 visa - they sent an email inviting her to send in her passport, but it came just a week before our DV interview, so we didn't send her passport and went to our DV interview as is. Her NIV AP did not affect us in any way - nobody asked us any questions about that, and the timings of the AP with which the interview ended also weren't affected apparently - we got our visas after 30 days of AP! Hooray!
The business trip is doomed though.
 
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