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Mariage and DV Lottery; I-130 or Follow-to-join

Y

ykasumov

Registered Users (C)
Hello Everyone,

I have searched this forum but was unable to find any specific information about the following: (if this question was already covered, please, post the link.)

My brother-in-law won DV Lottery, had passed interview and got immigrant visa. He has to take trip to US within 6 months (by April 09) to activate his green card.

While applying and attending the interview he was dating a girl. In his application he indicated that he was single. Now he wants to marry this girl and bring her to US.

As I understand he can come to US and file I-130 that takes 1-3 years to process.

Is he eligible for follow-to-join benefits?
Another way, is spouse eligible for this benefit even though he married her after the issuance of immigrant visa?

The following information is available on USCIS website, but the verbiage is confusing:

""""""""Following-to-Join Benefits for Spouses
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:

You received a diversity immigrant visa
You received an employment-based immigrant visa
You received an immigrant visa based on your relationship to your U.S. citizen sibling
You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married
(For information on following-to-join benefits for children of lawful permanent residents, please see Petitioning Procedures: Bringing a Child to Live in the United States.)

If you fall into one of these categories, please submit the following information to the U. S. Citizenship and Immigration Services:

Form I-824, Application for Action on an Approved Application or Petition
A copy of the original application or petition that was used to apply for your immigrant status
A copy of the I-797, Notice of Action, for your original application or petition
A copy of your alien registration receipt card or I-551


If the I-824 is approved, the USCIS will notify a U.S. consulate that you are a lawful permanent resident so that your spouse can apply for a following-to-join immigrant visa. Your spouse must then contact the local U.S. consulate to complete the processing.

You should file the I-824 at the USCIS office that took the most recent action on your case."""""""
 
Is he/she eligible for follow-to-join benefits? NO.
The statement from USCIS is very clear about who is eligible, but he/she does not qualify. Sorry.
 
If he marries before he enters US, his spouse is eligible for following-to-join benefits. However,
1. His wife needs to get an immigrant visa before the end of fiscal year.
2. His marriage will have a presumption (rebuttable) of a marriage solely for immigration purposes. In order to decrease chances of being deported, it makes sense for his wife to get an interview before his visa is used, and it makes sense for him to be present at her interview.
 
raevsky said:
If he marries before he enters US, his spouse is eligible for following-to-join benefits. However,
1. His wife needs to get an immigrant visa before the end of fiscal year.
2. His marriage will have a presumption (rebuttable) of a marriage solely for immigration purposes. In order to decrease chances of being deported, it makes sense for his wife to get an interview before his visa is used, and it makes sense for him to be present at her interview.
Click to expand...

raevsky makes a good point. Maybe he's right. :)
 
raevsky said:
If he marries before he enters US, his spouse is eligible for following-to-join benefits. However,
1. His wife needs to get an immigrant visa before the end of fiscal year.
2. His marriage will have a presumption (rebuttable) of a marriage solely for immigration purposes. In order to decrease chances of being deported, it makes sense for his wife to get an interview before his visa is used, and it makes sense for him to be present at her interview.
Click to expand...

Thanks for your response.

That confuses me is this statement: "If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits."

Is he considered a lawful permanent resident if he got immigrant visa only or he becomes LPR when he crosses US border to "activate" his green card.

If USCIS/DOS considers him to be LPR now since he has immigrant visa then he would not be eligible since he indicated single and want not married by the time he had his interview.

If USCIS/DOS does not consider him to be LPR until he enters US then I guess he should contact US Consulate that issued him visa to claim follow-to-join benefits.

I have searched the internet and got some information about that unless wife was included in the original application she is not eligible: (see link below) http://www.twmlaw.com/resources/general25cont.htm
 
Last edited by a moderator:
You become an LPR when you enter US on your immigrant visa. Before that you are just an immigrant visa holder, not an LPR.
 
So out out of sheer curiosity - how would he proceed? What would he file? Who would he file it with?
 
1. They marry.
2. She sends her DS-230 to the consulate, with a copy of his immigrant visa and their marriage certificate (and her certificates of termination of previous marriages). Hopefully, she lives in the same town he lives, so that will be the same consulate.
3. She has an interview. It is very advisabe for him to come for that interview with her. So that in case the consul suspects the marriage is not genuine, his visa could be revoked on the spot, to avoid lengthy and costly deportation procedures. That gives her more chances to get the visa.
 
am a bit confused here

Am in the same situation too but I have always assumed that since the financial year for the DV 2008 visa expired in sept 30 2008 then if I married the lady would have to be left back home. also how long does the process ( filling the docs and waiting0 since the visa has got deadlines
 
Follow-to-join benefits cannot be extended to a new fiscal year. If you won DV-2008, your spouse can get a visa only in fiscal 2008.
 
hi i have a similar condition as raevsky. my wife is now a perminent resident. we got married before she entered the US in 2007 is it possible i can jion her soon? or would it take 5 years like they say.
 
how about this?

if someone just got his green card and want her spouse to join her on a diversity visa lottery but it's another year but still fresh say 1-2 months?
 
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