Getting married after winning DV Lottery

[javi]

A couple of questions for anyone who can help. The questions are from my sister, but I will ask the questions as if they were from me, to make this less complicated:

"I live in Ecuador and have been divorced for more than 8 years. I have had a boyfriend in Ecuador ever since I got divorced. My mother (a U.S. resident) petioned me for U.S. residence after my divorce (I had to be divorced in order for her to be able to petition me). I also applied to the DV lottery every year that I could, and in 2005 I won an immigrant visa through the DV Lottery program. My interview at the U.S. consulate is in 30 days. My question is as follows:

I want to petition my boyfriend of 8 years, so we can both live and work in the U.S. Do I marry him before the interview at the consulate? Please note that he was not in my original DV Lottery application because we are not married. We could not be married, because I could not count on winning the DV Lottery, and getting married would have ruined the family based application done by my mother.

Should I marry him after I have my green card? How long after I am granted the immigrant visa should I wait before I marry him? I intend to stay in Ecuador for the 6 months I am allowed to do so. Should I marry him during that period, or should I wait until I am in the U.S.? Should I wait until I have the physical green card, or can I marry him after I enter the U.S. for the first time? (I would have to travel back to Ecuador to marry him there, because he does not have a tourist visa to visit the U.S.)

Thank you in advance for any information you can provide."

J.

 

[LucyMO]

if she marries him after she gets her GC, he will be able to join her in about 5 years. Just like a regular spouse of a regular permanent resident.

If she marries him before the interview, she needs to send his forms and her corrected forms to the consulate, with a cover letter, and a marriage certificate. She also needs to prepare a lot of documentation showing a long-lasting relationship, and non-fictitious marriage. They will need to go to the interview together.

 

[javi]

if she marries him after she gets her GC, he will be able to join her in about 5 years. Just like a regular spouse of a regular permanent resident.

If she marries him before the interview, she needs to send his forms and her corrected forms to the consulate, with a cover letter, and a marriage certificate. She also needs to prepare a lot of documentation showing a long-lasting relationship, and non-fictitious marriage. They will need to go to the interview together.

Thank you LucyMo.

I see...well, the first option (marrying him after she gets the GC) is not very good for them because they would be separated for 5 years.

If she marries him before the interview and does everything you mentioned about the corrected forms and the marriage certificate, as well as the documentation showing the long-lasting relationship (which it is), and then go to the interview together, what do you think will happen then? Will they give them both the GC's? Won't this stop her from getting the GC? Please remember he was not in the original application my sister filled out for the DV Lottery, because they were not married.

If they deny the GC for both of them, my sister would have also lost her opportunity with the family based petition my mother filed for her, because then my sister would be married. What a catch 22, ah?

Thank you again for your insight.

 

[LucyMO]

no problem. She can always divorce and recapture the family based petition in a case of a failure. She is not the first and not the last to get married after the winning letter, though. ANd lots of people like that got their visas.

 

[javi]

no problem. She can always divorce and recapture the family based petition in a case of a failure. She is not the first and not the last to get married after the winning letter, though. ANd lots of people like that got their visas.

Thank you so much LucyMo