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Question about DV

P

piliwash

New Member
Hello,

One of my friend just got his visa after a winning the DV lottery.
He applied with his new wife and they both got the visa.

He is the main applicant (DV Lottery winner) and his wife want to get a divorce, for some reasons that I do not know.
Her visa will not be cancelled ? and if she ask to be naturalized, can she get the citizenship ?

Thank you all.
 
piliwash said:
Hello,

One of my friend just got his visa after a winning the DV lottery.
He applied with his new wife and they both got the visa.

He is the main applicant (DV Lottery winner) and his wife want to get a divorce, for some reasons that I do not know.
Her visa will not be cancelled ? and if she ask to be naturalized, can she get the citizenship ?

Thank you all.
Click to expand...

Have they entered the US yet?
Does he think she just married him for the visa? If she is a new wife and now wants a divorce, it sounds like it. He can tell the embassy she fooled him and they would probably revoke her visa then...but he must be sure he did not know this was the case beforehand or he might also get into trouble ...
The other option if they haven't entered the U.S. yet, is for him to try enter right on the last date the visa expires - if she is derivative she can't use the visa until he has used it first (or with him) - if she doesn't know when he will enter this is probably the best way to handle it. ( Alternatively if she wants a divorce now go ahead speedily and get it done before entering ...and then show the embassy the papers and get her visa revoked..)
As soon as she enters and has a green card, she doesn't need him for anything green card related anymore so yes she could then naturalise without any problems. Unless, again, someone suspected visa fraud and reported it.

I'm sorry for your friend. This must be very distressing for him.
 
Hello,
They just got the visa (same day as me) and the passports are still at the US Embassy.

I think he will go to somewhere in Europe to continue his studies then fly to USA, alone of course.
He is afraid of losing his visa in case he report that issue to the embassy.


About the entry date, what does that mean ? his wife can not travel alone or go to USA without him ?
 
piliwash said:
Hello,
They just got the visa (same day as me) and the passports are still at the US Embassy.

I think he will go to somewhere in Europe to continue his studies then fly to USA, alone of course.
He is afraid of losing his visa in case he report that issue to the embassy.


About the entry date, what does that mean ? his wife can not travel alone or go to USA without him ?
Click to expand...

A derivative visa cannot be used before the principal applicant has entered the country. If she doesn't know this I wouldn't tell her either... I think the idea of going off to Europe, keeping his plans quiet and then going to the U.S. as late as possible before visa expiry is probably the best option. Of course, he will need to get his divorce papers at some point too.
 
No doubt, she married him for the visa. Like Susie already suggested, your friend should delay his entry into the U.S. until the last couple of days to visa expiry without letting her know when he plans to enter. She will not be allowed into the U.S. for as long as he hasn't entered and he should go ahead and sign the divorce papers too.
 
Sm1smom said:
No doubt, she married him for the visa. Like Susie already suggested, your friend should delay his entry into the U.S. until the last couple of days to visa expiry without letting her know when he plans to enter. She will not be allowed into the U.S. for as long as he hasn't entered and he should go ahead and sign the divorce papers too.
Click to expand...
Note to self: if you are a derivative spouse (male or female), just married for the sole purpose to receive a Greencard: do not initiate the divorce before entering the US and becoming a LPR... Just joking, of course :D
 
EURO2014 said:
Note to self: if you are a derivative spouse (male or female), just married for the sole purpose to receive a Greencard: do not initiate the divorce before entering the US and becoming a LPR... Just joking, of course :D
Click to expand...

Hmmn hmmn, even the President agrees thats not a smart move :D:D:D

bonod.gif
 
I don't know why he cannot just call the embassy and inform them of the new development seeing the embassy still has the passports.
 
usamommy2015 said:
I don't know why he cannot just call the embassy and inform them of the new development seeing the embassy still has the passports.
Click to expand...

See above, he is scared that they will deny both of them if he does that. Anyway I assume by now the passports are back?
 
SusieQQQ said:
See above, he is scared that they will deny both of them if he does that. Anyway I assume by now the passports are back?
Click to expand...

I would think the Embassy would be happy he told on her before the move. Besides an honest denial is better than a dishonest visa IMO.
 
usamommy2015 said:
I would think the Embassy would be happy he told on her before the move. Besides an honest denial is better than a dishonest visa IMO.
Click to expand...

It would be extremely unfair on him if the embassy assumed he had been in on it and denied him too just because she had been dishonest. Hopefully the discussion we have had above will be enough to assure that he as bona fide recipient gets his visa while she as dishonest is unable to use hers. I'm sure you're well aware that for some people this visa is a huge chance at improving their lives and to say an "honest denial" for an innocent person is better when you don't know all the facts is just a little too moralistic, in my personal opinion.
 
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