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Partner wins Lottery - Advice needed for KCC Douments and Process Starting

W

willisrover

Registered Users (C)
My partner has just received a letter from KCC advising her of a win. When she applied for the lottery, she stated that I was her spouse although we are not yet married. She also added our 2yr old son. I was married before but now separated from mother my of daughter, all living in another country. In her application, she did not mention my daughter from my first marriage. Can we now add her on the family member form as an additional family member, although she is not migrating with us now, may be later? Also, what are our chances of a successful interview if we are not yet married but living together since 2006? Is it required that I completely separate/divorce from first marriage before interview and also get my daughter custody order from court be before the interview OR should I do all this before sending any documents to KCC?
Pls help, many thanks in advance for all this
 
As far as the marriage part goes, you ABSOLUTELY have to be properly divorced from your previous marriage and PROPERLY, LEGALLY married to your partner. No other way around that.

As for your daughter, as it's your partner who won the lottery and not you, and it's not her daughter legally unless you marry or is granted custody.. (as far as I know?) your partner doesn't have to list on the form.. but you would, in completing your DS-230 form. If a child of divorced parents is listed, I'm faily sure you have to get consent from both parents for child to be issued a visa. That said, I know you will be instantly disqualified if you fail to list a child or spouse.

Others on this board will be able to give you more specific answers.
 
Many thanks Ancatdubh, thats really helpful. Can I complete the seperation/divorce and marry legally to my partner before we send the NL back to KCC? It may take a long time for the process. OR Can we send back the completed forms with my daughter included(is her photo required at this stage or just include her to join later after custody stuff sorted out). I wanted to send back the NL with all our details including my daughter but on application form for my partner she will state un-married partner of its there while we arrange proper divorce/separation before we are given an interview? Will this work?
 
I haven't before read about a situation like yours.. only (like me) being married after notification of winning, or having a child after winning.. but hopefully you will be able to sort everything out in time.

I guess it depends where you are located as to the time frames for divorce and remarriage, but generally you have to give notice of intention to divorce which may be a few months (?) and then notice of marrige, say another month before you can actually marry.. and then you must send the marriage certificate to KCC which can take up to another month.. so, you have received the letter from KCC early which is good.. Now because your partner included your name on the online application complicates things a little.. because it clearly asks for 'Spouse' which, until you are legally married.. you aren't really a spouse. So either your partner fills out the form just for her and then you send yours once you are married and can send the certificate, or you both send them now. but you will not be able to put the date of marriage on the form. I have read before of an engaged couple both sending their forms in the the date of marriage as a future date..

Your best bet would be to give KCC a call and see what they say. Alternatively speak to a lawyer...

But when you do send your own forms in, you must include your child otherwise you will be instantly disqualified. This doesn't mean the child is a visa applicant too, as you mentioned maybe in a few years the child might want to join you.. but make sure you put their name down under children..

I am sure the others on this forum will be able to give you more complete advise.. but it is possible for your partner to send her forms in and you send yours once you are married.. I did this and had no problems at all.. just make sure you send it before your interview date or june 2011, whichever is sooner..
 
willisrover said:
Many thanks Ancatdubh, thats really helpful. Can I complete the seperation/divorce and marry legally to my partner before we send the NL back to KCC? It may take a long time for the process. OR Can we send back the completed forms with my daughter included(is her photo required at this stage or just include her to join later after custody stuff sorted out). I wanted to send back the NL with all our details including my daughter but on application form for my partner she will state un-married partner of its there while we arrange proper divorce/separation before we are given an interview? Will this work?
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Please, don't rush to send the forms back to KCC. Most of your suggestions here will amount to failure at the end of the process, so you need to be careful of what you put on the form. T
he dv lottery recognises two things about marriage - either married or unmarried, there is nothing like unmarried partner. Right now you need to do everthing to show that before your spouse applied for the dv lottery, you're already married.

Your situation seems a bit complicated so you need to exercise some form of caution before completing the forms.
 
Hi ancatdubh, many thanks for this guidance and prompt response. I am also waiting for Rajiv to advise if he get a chance, but appreciate everyone's experience and advise. Its a life time opportunity and we need to make the most out of it.

From your post, I think we will send in both our forms and try to sort out the previous marriage/seperation stuff in the mean time hoping that by the interview date, we at least should have some sort of milestone in legalising our relationship with all supporting evidence, plus we could also give a future date for marriage if it came close. I have also read here of people requesting to post pone the interview dates while they sort things out. June 11 is not a really bad deadline to work towards. Yes, I will include my daughter although I do not have her ppt photo, looks like thats not needed. Also, on the additonal form for dependants that I am filling in, what would I fill in the spouse details??? Many thanks again
 
Hi ammeck09, thank you so much for your response. Yes, that is why I am here, seeking all the help and advise that I can get before sending anything. We are customary 'married', essentially, meeting her family, thats it, no documents or anything. This practice is common in Africa. We also have a son together, which to me is another sign of committment. As for marriage before she made the application, can we not claim plans were underway, although not yet materialised? There is always a delay between plan and actual. Thanks again for response and pls advise more if you can.
 
By the way, sorry, need to also respond to those asking for location/region - We are from Uganda and living in UK and we made the application from here. Many thanks for the best wishes, I really need it
 
As Ammeck said, don't rush it.. take time to search this forum and any others for further answers.
You won't need a passport photo for your daughter if you are not including her as a visa applicant. Just include her details under question 29 on DS 230.

If your partner decides to send her forms in first and you wait until you are married to send yours in, then she would put for question 9 Marital Status, whatever hers is.. single or divorced.. and not mention you (as ammeck said, the only recognised statuses are married or unmarried,not 'dating'..)

If however you both send forms in before you get married (since she included you on online application) then you could include a cover letter to KCC with your forms explaining the situation that you are engaged and have a wedding date set for (whatever date in the future is suitable..) and advise that you will provide marriage certificate when it is available.
then you would both put the same answers for marital status, 'married', with the future date for q 9 and 18.. and list the number of previous marriages you have had.

while that is not really accurate in that you are not actually married yet, for the purpose of the visa and interview.. you will be married at the time of visa issuance.. btw are you doing consular processing or AOS?
 
willisrover:

You stated that your partner is a 2011 winner? In which case, why rush to send in both forms (for you and your partner)? If the rules remain unchanged, you have until June 2011 to send them in, and you would still be eligible provided your number comes up. Having said that, of course you need not wait until then - but if it is likely you will close out all the loose ends with respect to your marital status say sometime this year, then wait until then and submit; at that point, you have legal status as the husband of the applicant, and the whole process becomes much more clearer.

If, when going through your forms at the interview, the officer decided to be pedantic and noted that you were married after the submission of the application, then technically your partner lied - and that is never a good thing. Not to simplify it too much but why not close out your divorce and marriage as soon as possible, and you can demonstrate the whole commitment thing over a much longer period? And yes, do include your daughter even if there are no plans to take her with you. The forms are quite clear.

Good luck. I am a fellow East African, hope it all works out for us!
 
Hello Bongo1, many thanks for all this and glad that you are from EA, just next to us! Hope we all survive and get this over and done with. I am taking your advice and will not dare rush anything until we are certain of what we are doing. For now, I will not worry about the forms sending back, not sure if we delay sending back we may be cut off if number is reached!! Let me look to sort out stuff as soon as possible although my partner is imaptient wants the forms sent with me included although she will not want to go without me. With patience, careful planning and God on our side we will surely make. If its God's promise to get to the promised land, we will get there. Thanks again and any ideas or threads you have eleshwere with relevant experience is much appreciated. Thanks
 
Hi ancatdubh, many thanks. What is the difference between Consular Processing and AOS? I thought, from what I read here, AOS is for those already in the US. Yes, you have good points mentioned, we will keep all avenues and choices to get this sorted. A cover letter explaining circumstances will help a lot, have seen that work in the UK. We can work out a date, although you do not really want it to be seen as if you are doing it for the visas although we had plans, this will now push it a little. Thanks again and keep the thoughts coming in. Can I call KCC, or she has to call or email them? Many thanks again
 
Hi Willisrover, Congratulations to your partner!!!
I've read carefully your post and those of the others. If as I am understanding, your partner claimed that both of you were married when indeed you were not (legally with a marriage certificate) then I foresee some problems for you and her. Firstly she essentially misrepresented her marital status on her application and should you both send in the forms stating you as her spouse then it would seem as if she has all intentions of perpetrating this misrepresentation and may raise a couple eyebrows at the KCC and the Consular Office .
I don't want to come off as negative but I think this is one of the few things that are very clearly spelled out in the DV application rules. I want to suggest you talk to a lawyer and try to get a feel of success rates in similar cases.
Take a good look at the info being asked in the forms to be sent back and see if your truthful answers would match up with what was sent in the initial application and could be proven with the relevant documentation.
Please I do not mean to rain on your parade and I do not want anyone jumping on me for what I wrote, believe me I have no intentions of being negative I just want to give you another perspective to add to your considerations of the situation.
Good Luck and I wish you both the very best..
 
Hi sonibago, many thanks for your very kind comments, I know they may be well intended. That is why I am here on this forum to try and thresh out any issues that may arise. Yes, thats an issue on her application but as I mentioned where we come from, its customary if you meet one's parents. You can fully marry and go to church if you want but others do stop at that. Ther only issue with a customary wedding is that we do not have any document proof. That said, I am going all the way to satisfy whoever is interested in a genuine case and I am sure I will emerge victorious. Once all your intentions are good, there is really no reason to fear, rules are rules and at times are broken and sometimes mighty powers overcome anything. I believe in prayer, together with wisdom, will win us all. I am taking all views here seriously and will make the final call. I am certain with proper documentation and reasons, we should be OK. Thanks againn for you comments and pls keep talking
 
Hi Willsrover,
As I stated in my earlier post, you need not rush to send the forms. I'm also an African and I know many customary marriages without the necessary documents to back it - sometimes leglisation is done some years later after the actual marriage (mine included). The consular officers are aware of this issue, therefore, sending a marriage certificate dated years after the actual marriage date is acceptable from people of Africa origin.

Did you have your first marriage in Africa or Europe? If it was in Africa, then there is the possibility that maybe you can have the divorce from your 1st marriage backdated.

If it's now that you are going to have your marriage legalise, there is no problem with it since you can explain this during your interview - that in Africa we can have the customary marriage and later legalise it in the courts. Try to sort out the divorce issue so that in case a question is asked during your interview you can easily explain if possible with documentation. Please, don't discuss anything about your marriage issue with KCC.

On your daughters' issue, I think it's a bit dicey. The issue is, according to the dv lottery instructions you can't add a family member unless the winner legally marries/re-marries after submitting the online application or gives birth or adopts a child. Failure on the part of the principal applicant to list all children who are eligible will result in the disqualification of the principal applicant.

Note: The eligible children includes natural children, legally-adopted children and step-children who are unmarried and under the age of 21 when the online application was made.

Check the instructions for the 2011 dv lottery visa program from this website.
http://www.travel.state.gov/pdf/DV-2011instructions.pdf (page 5, #14)
 
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willisrover said:
Hi sonibago, many thanks for your very kind comments, I know they may be well intended. That is why I am here on this forum to try and thresh out any issues that may arise. Yes, thats an issue on her application but as I mentioned where we come from, its customary if you meet one's parents. You can fully marry and go to church if you want but others do stop at that. Ther only issue with a customary wedding is that we do not have any document proof. That said, I am going all the way to satisfy whoever is interested in a genuine case and I am sure I will emerge victorious. Once all your intentions are good, there is really no reason to fear, rules are rules and at times are broken and sometimes mighty powers overcome anything. I believe in prayer, together with wisdom, will win us all. I am taking all views here seriously and will make the final call. I am certain with proper documentation and reasons, we should be OK. Thanks againn for you comments and pls keep talking
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I am glad that you took my comments as they were intended. Good Luck again! I think this case will become an important reference case on this board and I hope you stick around because there really is a lot of valuable information here from those who've been there..done that!
 
Hi ammeck09, many thanks. Yes, my first marriage was in Africa and since I have been separated 4yrs now, may be can have the divorce back dated, but again I do not want to massage my application so much so as to distort the truth. I will try to be as original as possible, if possible and take the situation as is.I know that at times they may not want to hear the truth but may help so that if something else comes up, you are not caught.
Think best option looks like with start the legal divorce/separation proceedings, get that out of the way, then get married, again I will not haste too much, and at whatever point we will be at interview stage, will give whatever we have at that point.

For my daughter, think thats not a biggie since we are not legally married and after we are, then she becomes our dependant. For now, I just have to include her on my application form, and thats it, I think. If it was I who had won and not included her in my initial application, then would have a problem.

We may still opt to fill in the application as is and as if we are married, with a view of clearing this up during the year and sending updates to KCC if need be OR wait and provide at interview stage. I am really still looking at the best way forward and all reasoning is much appreciated, especially if we can get some information of similar experiences to help others in future too. Thanks again and pls keep thinking, appreciate all
 
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Thanks sonibago - Thats the point. I will stick here right to the end, mine is a messy situation and can be used as a case study. Looks like it has all issues. I will keep you all posted. Thanks again!
 
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