Marriage After Interview and Visa Received

[Jstephe8]

My sister-in-law‘s partner won the lottery, did her interview and received her visa in the mail this week. They were planning on coming to the United States to get married and start the immigration process, but didn’t realize that it takes several years for the spouse of a permanent residence to even partake in an interview to adjust their status. My question is a lawyer suggested getting married and resubmitting the paperwork together so they can both come at the same time. This seems highly risky but wanted to check if anyone has experienced something like this or has any insight.

 

[Sm1smom]

If she already received her visa, and they're not yet even married, it is already too late to resubmit paperwork or add a spouse as a derivative AFAIK.

 

[Jstephe8]

Thanks - yeah that’s what I was thinking. Way too late in the game.

 

[Ajay Agarwal]

Your sister-in-law's partner is the principal DV lottery winner. This means she obtained the visa based on her own lottery selection, not through a family relationship. The critical factor is her partner's marital status at the time of visa issuance and entry. Since she was not married when the visa was issued, she is considered single for immigration purposes.

Your lawyer's suggestion of getting married and then "resubmitting paperwork" is extremely problematic and likely fraudulent.

Sharing more appropriate and legal options in this situation:

The most straightforward path is for your sister-in-law's partner to enter the U.S. on her DV. Once she becomes a Legal Permanent Resident LPR upon entry, she can then petition for your sister-in-law as the spouse of an LPR F2A category. This will be time-consuming for sure.

The partner may qualify for a different visa independently, such as work or student visas.

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