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

Hi, anyone knows any good attorneys specialising in the GC lottery application?? Pls help recommend that one who advise on best course of action. Many thanks all in advance.
 
I think I am presenting almost the same situation. I need some Advices.

I recently won the lottery visa but I have a concern about my family.
Me and my common law partner have been together for 5 years now and we have a child together who is American Citizen.
Presently, we live in Canada and since I won the lottery visa I wanted to move back to the US with my family. On my DV application, I didn't mention that I was married.
I would like to know if there is a way that I add my wife to my file. We are not legally married yet due to some circumstances, family matters, and due to the fact that I was married before. I'd already divorced with my ex-wife. I don't know if the fact that we have a child together and we've been living together for at least 5 years (we can prove it) would help me add my partner as my wife.
Thanks
 
Hi Warango, we just need prayers and wisdom on these cases. My situation looks more messy than yours but I am hanging in there and trusting God for the best. In all things, if God is on your side, who can be against us? Rules and regulations have been over turned and decisions given by unexplained powers! Lets see if anyone can advise here. Best of luck.
 
Hi Willisrover!

My husband and I were not married but applied as married for the 2010 DV Lottery. We finally got married last year after the 1st NL and sent back our forms together after the ceremony.
During our interview as I was freaking about some complications that might occur regarding our "false" statement, the consular officer told us that the most important is:
- to have a proof of divorce (judgement) for people previously engaged in a marriage, otherwise the process would be postpone.
- to list all the children even the step-children like Ammeck 09 said before, otherwise the applicant will be disqualified.

No matter the date of your wedding, from the moment you are married the day of your interview.
My guess: the only way to get a Diversity Visa this year is to not mention your oldest daughter, but be aware that she won't be able to come in USA under the Immediate relative and Family sponsored category.
 
Hi Mamacyta,

Thank you so much for sharing your valuable experiences. We will present the customary marriage certificates, implying we still plan to marry after the divorce is sorted, think that we can get away with at the interview with satisfactory reasons, if we have not married by interview date. The sticky point will be my daughter and not listing her on my form can disqualify me completely from the US if its later discovered she exists. I plan to add her, at least on my forms hoping that since I am not the winner, someone may listen to my story, not sure there is anyone who has gotten away with this. I do not want to make my complicated case any worse than it is. I know its clear in the instructions, but I believe there can be exceptions. If they stick by their regulations, tough luck for us and we will try again next year. The problem is that we did not have her photo at that time. I really do not want to exclude my daughter from US, kids are one of our reasons to struggle to make their lives different from us. I also thought about processing adoption papers between now and interview, but again there are inherent risks also involved - Basically, any lying will jeorpidize anything good.
 
what is the website to track the submission if i sent the forms

ancatdubh said:
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.
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what is the website to track the submission if i sent the forms
 
Advice needed for KCC Documents and process 2011 dv lOTTERY

would you kindly assist me on this..

I won a greencard but at the time of making the application i was married to my spouse for 2 years, unfortunately we separated in last year December and we had already made an application as married, i am from Africa we had a customary marriage whereby no certificate was issued, i have gotten a letter from my Local area representative stating that it is true that we were married and the same said marriage was dissolved according to the customary laws.
Question is on the FORM DS-230 QUE 14 should i list the spouses details even though we are already divorced? and is he supposed to get an affidavit stating on the same that we are no longer together, so that i can send them back together with the other formsy since i am now divorced, i am the principal applicant.

thanks
princess


ancatdubh said:
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..
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Pls, My guy won DV2011 , Got the NL yesterday 17/05/2010.
My question: He won as single, can He include his suppose fiance(not yet married ) name in the letter to KCC?
Can any other person still get NL through this add( I mean the above mentioned Guy Postal Add),because some friends use this same add.
 
doveman you should get married first, as soon as possible, get your official marriage certificate then send papers back to KCC including papers for the spouse(you). Be prepared to prove to the consular officer that you indeed had a relationship with this person and the marriage is not fake. Good Luck.
I'm certain that different people can use the same address for NLs.
 
sonibago said:
doveman you should get married first, as soon as possible, get your official marriage certificate then send papers back to KCC including papers for the spouse(you). Be prepared to prove to the consular officer that you indeed had a relationship with this person and the marriage is not fake. Good Luck.
I'm certain that different people can use the same address for NLs.
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Thanks sonibago,What I mean by the same add is that can we par-adventure get another NL in this same box add i.e in this current lottery.

What if I travel and come back to get married to my fiance,what is the chance of getting my wife a visa back to the state just to be on a safer side.
Thanks for your response.
 
Doveman,
There are no restrictions to using the same mailing address for the NLs so if 3 people win using the same address they will all get their NL at that address. Think about the agencies that apply for people, all the winning NLs go to the same address.

I'm not too sure what you are asking in the second paragraph. Who won the lottery, you or your fiance? Where is the winner?

Is it that you won the lottery and are in the US and want to travel home to get married and then apply for a visa for your wife to go back to the US with you?

If you won and want your fiance to get the benefit of the win then you should marry asap and send in your papers. If your fiance wants a visitor visa to the US then this should be done before sending in the DV papers as more than likely the visitor visa will be denied if your fiance had already shown immigrant intent by sending in the DV forms.

Keep in mind that you will need to show that your relationship is in fact true and not convenient for the GC. Keep all old photos, save emails, phone records etc to prove that you both had a relationship before and after the lottery win. Get photos of the wedding ceremony too and make sure to get the official marriage certificate. This will be especially important if you go home,marry and leave her back home.

Good Luck.
 
I was in the process of divorcing my wife when the application of 2015 was due so I added her as my spouce becose by that time the divorce was not materialised, now that I have newly married so do l fill to kcc with with which of them now and how should I go by it in this case,even my new wife delivered two weeks ago.
 
Barkis said:
I was in the process of divorcing my wife when the application of 2015 was due so I added her as my spouce becose by that time the divorce was not materialised, now that I have newly married so do l fill to kcc with with which of them now and how should I go by it in this case,even my new wife delivered two weeks ago.
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You did the right thing by adding your ex wife on your eDV registration since the divorce hadn't been finalized by then. Now tell us when was the divorce finalized and when did you get married to your current wife to help us better assist you.
 
Barkis said:
I was in the process of divorcing my wife when the application of 2015 was due so I added her as my spouce becose by that time the divorce was not materialised, now that I have newly married so do l fill to kcc with with which of them now and how should I go by it in this case,even my new wife delivered two weeks ago.
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Even more complication and even a sex change to what was already a complete mess.

So to be clear you have told us you are a woman who had a boy who enter his details on your application without your knowledge.
Now you are a man, who was married at the time of the eDV entry but since then has got divorced and remarried.

So - your case includes you as a male or female, a boy who claimed to be your husband and two women that were your wives and now a new baby.

This case is one of the simpler cases to guess the outcome.
 
Britsimon said:
Even more complication and even a sex change to what was already a complete mess.

So to be clear you have told us you are a woman who had a boy who enter his details on your application without your knowledge.
Now you are a man, who was married at the time of the eDV entry but since then has got divorced and remarried.

So - your case includes you as a male or female, a boy who claimed to be your husband and two women that were your wives and now a new baby.

This case is one of the simpler cases to guess the outcome.
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Oh heck! I don't even know why I bothered to respond to him/her/it! I wonder if these people think they're being smart when they start posting all these so called troubled cases with the same profile and claiming to be the same person!!
 
willisrover said:
Hi Mamacyta,

Thank you so much for sharing your valuable experiences. We will present the customary marriage certificates, implying we still plan to marry after the divorce is sorted, think that we can get away with at the interview with satisfactory reasons, if we have not married by interview date. The sticky point will be my daughter and not listing her on my form can disqualify me completely from the US if its later discovered she exists. I plan to add her, at least on my forms hoping that since I am not the winner, someone may listen to my story, not sure there is anyone who has gotten away with this. I do not want to make my complicated case any worse than it is. I know its clear in the instructions, but I believe there can be exceptions. If they stick by their regulations, tough luck for us and we will try again next year. The problem is that we did not have her photo at that time. I really do not want to exclude my daughter from US, kids are one of our reasons to struggle to make their lives different from us. I also thought about processing adoption papers between now and interview, but again there are inherent risks also involved - Basically, any lying will jeorpidize anything good.
Click to expand...

Hi, Willisrover, I am interested in knowing a few facts about your application like; where you had your interview (in UK or in Uganda) and how your application ended. Also Mamacyta if you are reading this I would like to know where you made your application (A US post in Africa or a US post somewhere in Europe).

I ask because I had an exactly similar situation to Mamacyta. My wife and I were engaged way before filling the DV lottery. Our marriage date was just a matter of sorting out some problems(racial bias in her family(though I don't like speaking about this), pregnancy related issues(surgery to correct something that caused my wife several miscarriages) and death in her family father figure- grandfather) else we would have been married long before applying for the DV 2015.
Wife won DV lottery....We did all required and I was seeking information on how to follow up our application.... I contacted the US Immigrant Consular section of my country Nigeria in a thread (online Nigeria) and the consular officer(who is like a supervisor at one of the posts in Nigeria told me exactly what the Consular that interviewed Mamacyta told her when she said this:
"During our interview as I was freaking about some complications that might occur regarding our "false" statement, the consular officer told us that the most important is:
- to have a proof of divorce (judgement) for people previously engaged in a marriage, otherwise the process would be postpone.
- to list all the children even the step-children like Ammeck 09 said before, otherwise the applicant will be disqualified.
- No matter the date of your wedding, from the moment you are married the day of your interview."

The Consular in Nigeria told me that as long as we weren't married before the entry with my wife skipping my name in that entry, and that as long as we didn't have any children before the entry whose names were left out of the entry....we didn't have much to worry about pertaining to the list of things that could hinder our application being successful after an interview. Especially as our situation was very understandable being that we were finally able to have a child who was born in July of 2014 which shows she got pregnant at the time our doctor advised us to skip any plans that could lead to stress on hold for the pregnancy. (We were scheduled to marry in November 2013 and that was when she had just got pregnant)

So I contacted the US Consulate in Poland (dunno if they differentiate their immigrant section from the non immigrant section) to ask about the situation and the responses they kept making showed bias to my situation...Whoever was responding on their Consular email showed this bias by always mentioning first that "You could have filled the right entry" related to the marital status... I argued that I filled the entry that was most suitable to me(cos I view us as married as opposed to unmarried...even though my wife is a divorcee and her divorce case had been final since 2010) and hoped for someone more experienced in Immigrant matters to respond to my email(assuming they have different officers responding through there) but to no avail. I even made a PDF capturing all the posts I made interacting with the US Consular in Nigeria that responded on the Nigerian thread ...Hoping that if the US consulate in Poland didn't have any experience with such situations they could just contact the US Consul in Nigeria, ask to speak with the consular operating the Immigrant issues page of the website to find out how to handle this case....Or better still even refer our case to Nigeria. I would have flown to Nigeria with my wife and new born son if the US post in Warsaw would have transferred the case there, just so that a more knowledgeable person would handle this case.
The responses from the US Consulate in Poland did not change and even when I requested for what documents I as the spouse needed to present from Nigeria(like Police report, birth certificate or whatever) and any documents that they would require related to the medical situation cos my wife has records of the surgeries done to correct whatever it was that was preventing us from having a baby ......and they kept responding with "You could have filled the correct information" totally disregarding the other question...
I wonder if the correct information should be what is correct to me or what is correct to them. . . . . Anyway, my wife refused that we attend the interview because it would not have made sense to open ourselves to risk being interviewed by a Consular who is either inexperienced in such matters or who would make a rushed judgement based on his/her limited span of knowledge of US Immigration law. Our interview date was scheduled for April 2nd 2015 in Warsaw, Poland and we did NOT show because we didn't have all the information we needed and we did not trust the umpire's(US immigrant Section-Poland's) span of knowledge on such immigration matters to "justly" adjudicate our case . I wondered why USCIS LAWS seemed non standard which gives Consular officers room to operate according to their span of understanding of these laws which is dangerous when you consider the fact that the buck stops at these individuals when it comes to who gets or who gets denied a Visa. Making a denial from an inexperienced or not so knowledgeable Consular the final decision...especially in a case which involves cross cultures.

I am still sad because just prior to this, I had been to the US 5 times(2009-2014) under the J1 program for 5 consecutive years and I could have stayed back in US after finishing either of my undergraduate studies while in the program..Most of my friends stayed back..but I reckoned that I didn't wanna get married to a US Citizen under false pretenses for a GC and didn't wanna stay illegally there for even one day. I guess this is one of those situations where they say good guys come last.

I still feel as though all hope is not yet lost and there is something I can do about this before Sept 2015 when the FY for DV 2015 reaches. But what I can do now is what I don't know.

Even though your case is way more complicated than mine, I would like to know more about your case, how it ended. Did it end like Mamacyta's.
 
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lukasz said:
Hi, Willisrover, I am interested in knowing a few facts about your application like; where you had your interview (in UK or in Uganda) and how your application ended. Also Mamacyta if you are reading this I would like to know where you made your application (A US post in Africa or a US post somewhere in Europe).

I ask because I had an exactly similar situation to Mamacyta. My wife and I were engaged way before filling the DV lottery. Our marriage date was just a matter of sorting out some problems(racial bias in her family(though I don't like speaking about this), pregnancy related issues and death in her family) else we would have been married even before applying for the DV. Wife won DV lottery....We did all required and I was seeking information on how to follow up our application.... I contacted the US Immigrant Consular section of my country Nigeria in a thread (online Nigeria) and the consular that made responses just exactly similar to the same way Mamacyta said the consular advised them when she said this:
"During our interview as I was freaking about some complications that might occur regarding our "false" statement, the consular officer told us that the most important is:
- to have a proof of divorce (judgement) for people previously engaged in a marriage, otherwise the process would be postpone.
- to list all the children even the step-children like Ammeck 09 said before, otherwise the applicant will be disqualified.
- No matter the date of your wedding, from the moment you are married the day of your interview."

So I contacted the US Consulate in Poland (dunno if they differentiate their immigrant section from the non immigrant section) to ask about the situation and the responses they kept making showed bias to my situation...Whoever was responding on their Consular email showed this bias by always mentioning first that "You could have filled the right entry" related to the marital status... I argued that I filled the entry that was most suitable to me(cos I view us as married as opposed to unmarried...even though my wife is a divorcee and her divorce case had been final since 2010) and hoped for someone more experienced in Immigrant matters to respond to my email(assuming they have different officers responding through there) but to no avail. I even made a PDF capturing all the posts I made interacting with the US Consular in Nigeria that responded on the Nigerian thread ...Hoping that if the US consulate in Poland didn't have any experience with such situations they could just contact the US Consul in Nigeria, ask to speak with the consular operating the Immigrant issues page of the website to find out how to handle this case....Or better still even refer our case to Nigeria. I would have flown to Nigeria with my wife and new born son if the US post in Warsaw would have transferred the case there, just so that a more knowledgeable person would handle this case.
The responses from the US Consulate in Poland did not change and even when I requested for what documents I as the spouse needed to present from Nigeria(like Police report, birth certificate or whatever) they kept responding with "You could have filled the correct information" totally disregarding the other question...
I wonder if the correct information should be what is correct to me or what is correct to them. . . . . Anyway, my wife refused that we attend the interview because it would not have made sense to open ourselves to risk being interviewed by a Consular who is either inexperienced in such matters or who would make a rushed judgement based on his/her limited span of knowledge of US Immigration law. Our interview date was scheduled for April 2nd 2015 in Warsaw, Poland and we did NOT show because we didn't have all the information we needed and we did not trust the umpire's(US immigrant Section-Poland's) span of knowledge on such immigration matters to "justly" adjudicate our case . I wondered why USCIS LAWS seemed non standard which gives Consular officers room to operate according to their span of understanding of these laws which is dangerous when you consider the fact that the buck stops at these individuals when it comes to who gets or who gets denied a Visa. Making a denial from an inexperienced or not so knowledgeable Consular the final decision...especially in a case which involves cross cultures.

I am still sad because just prior to this, I had been to the US 5 times(2009-2014) under the J1 program for 5 consecutive years and I could have stayed back in US after finishing either of my undergraduate studies while in the program..Most of my friends stayed back..but I reckoned that I didn't wanna get married to a US Citizen under false pretenses for a GC and didn't wanna stay illegally there for even one day. I guess this is one of those situations where they say good guys come last.

I still feel as though all hope is not yet lost and there is something I can do about this before Sept 2015 when the FY for DV 2015 reaches. But what I can do now is what I don't know.

Even though your case is way more complicated than mine, I would like to know more about your case, how it ended. Did it end like Mamacyta's.
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Wow - that is a lengthy story and really difficult to pick out the salient points.

As far as I can tell, your "wife" entered as married, but you were not married at the time of the entry. That is a probably disqualification.
Your wife was in fact divorced. So - that should have been her marital status on the eDV entry, and it is required that she should produce the divorce certificate at the interview. Given she entered with a status of married this is wrong and can again cause disqualification.
You have since got legally married.

Have I misunderstood?
 
Britsimon said:
Wow - that is a lengthy story and really difficult to pick out the salient points.

As far as I can tell, your "wife" entered as married, but you were not married at the time of the entry. That is a probably disqualification.
Your wife was in fact divorced. So - that should have been her marital status on the eDV entry, and it is required that she should produce the divorce certificate at the interview. Given she entered with a status of married this is wrong and can again cause disqualification.
You have since got legally married.

Have I misunderstood?
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Britsimon, I do respect and appreciate the kind of work you do here and the advise you give to some but this(related to USCIS /US immigration Law) is obviously not one of your strong areas. I understand your area of expertise is IT not Law..(besides after seeing how accurate your predictions were on the recent issues surrounding the DV 2016, I would support any lobby to have you appointed as IT director for the DV lottery process).
I also know and believe that one of the reasons why this thread runs is to help DV lottery applicants learn especially from the previous experiences of those who have undergone the same.
Now, If you read back to Mamacyta's post(I suggest you go back and read her post), you will see that she had the very same experience "Entered as unmarried, approved a Visa" Especially the part where she said,
"During our interview as I was freaking about some complications that might occur regarding our "false" statement, the consular officer told us that the most important is:
- to have a proof of divorce (judgement) for people previously engaged in a marriage, otherwise the process would be postpone.
- to list all the children even the step-children like Ammeck 09 said before, otherwise the applicant will be disqualified.
- No matter the date of your wedding, from the moment you are married the day of your interview."

I had just said that I was told by a US Consular operating the Ask a US immigrant officer page on Online Nigeria, who handles strictly immigrant related cases in Nigeria told me exactly the same thing the Consular told Mamacyta.

I remember when I was fresh here seeking advise you told me the same thing and pointed me to the website of the Polish embassy in Warsaw which unfortunately is where we were applying from which reinforces your stance on this issue because that is the only embassy in the whole world that made a statement on their website about "Incorrect entries in Marital status" without elaborating on what exactly they mean by incorrect entries. Even in law, when you make such a general pronouncement like that, there is supposed to be a span on subject which this affects. The question any sensible person would ask now is Why are they the only embassy in the world that would say that......You might not understand why I ask that but prior to getting my first Non Immigrant J1 Visa from Krakow, I know what I went through after being denied 4 unbelievable times and the situations that led to the issue of my first Non Immigrant Visa which are bothersome. (That we can talk about another time) It is dangerous when Consulars are half baked or play politics with this duty assigned to them.

And what exactly do they mean when they say "Incorrect entries" You do understand that the incorrect entry they could be referring to is the same point the Nigerian consul and Mamacyta's consul mentioned about(but most likely unprofessionally not specified as what might qualify as an incorrect entry)....related to
i-Married but entered as single or
ii-Married with kid(s) and omiting the name of the kids on the entry.
These are the only two legitimate disqualification criteria listed on the US lottery instructions. The rest is subject to further investigation before determining if it meets critieria that makes such applications related to Sham marriage or if the applicants were lying to receive a GC under false pretenses which is a grave crime and leads some to be disqualified for 10 yrs..
I can send you the same PDF with posts and responses I made on the website which I sent....Even when I asked for advise on opting out from the application(like you advised then) the Consular in Nigeria encouraged me not to do that.

Even Susie QQQ told you about this variation pointing to the Nigerian thread not knowing I was the one asking the question there. Mamacyta just validated what that Consular told her. And since there are one set of immigration laws the US works by which all Consular officers be they in Uganda, Or Lagos/Abuja or Warsaw or London operate by, I think I am allowed to try to understand what is going on.

I mean this with no disrespect intended.
 
EmilyW said:
Despite your rude remarks to @Britsimon, you might find his analysis of the marriage issue interesting, Mamacyta's story aside.

http://britsimonsays.com/marital-status-getting-married-dv-lottery-process/

If nothing else, you didn't show up to your interview because YOU decided you didn't want to. I'm not sure that was the right decision.
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Hey Emily,

Firstly, I believe I ended my last comment with (I mean this with no disrespect intended.).
Secondly, When I decided to sign on and post on this forum, Britsimon gave me "his take" on this. That is all it is.."His take". And his take was strictly related to the statement made on the Polish Embassy Warsaw's website generally talking about- inconsistencies related to marital status even though they didn't specifically elaborate what they were exactly referring to. In the DV lottery instructions(if you go back and read it) It talks about subjects for disqualification based on Marital status and it isn't as general as the one on the Polish Embassy's website. It mentions disqualification if you omitted the name of an already existing spouse at the time of entry and the omission of any names of child(ren) that might already have been existing at the time of making the entry.

This is why I asked those who had previous case specific experiences, NOT Britsimon who undoubtedly is giving advise which any Tom, Dick or Harry who pays attention to detail would be able to give me. As matter of fact I appreciate the fact that he even pointed me to the fact that a posts website made reference about this though generally.

My worry now is how come other posts have different views on the same subject when it is just one set of US immigration laws that apply.

Pls don't unnecessarily escalate this. I tried to write as respectfully as I could and am sure even Britsimon will admit that he is still learning cos no one knows it all. Especially not more than consular officers and I believe I mentioned that I was communicating directly with a Consular officer(in a Nigerian post) who is very experienced in fraud detection told me just the same that Mamacyta's consular told her. I was even arguing using Britsimon's point of view and I was told that different cases are different. Plus different cultures look at things differently. I argued with the Warsaw Post that- An engaged couple about to be married is more of married than unmarried. The UK recognizes this fact when they give Visas..They call it unmarried partners/ dependents. In Nigeria, we have the traditional marriage institutions that actually marry people or conduct marriage without issuing Marriage licences.
So the point now is, why do they hold different views on the same subject when it is the same US immigration laws that apply?

You never know how this could help someone else.
 
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