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URGENT!!! Can I for the lottery if my husband is OVERSTAYED????!!!

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Iriis1305

Registered Users (C)
URGENT!!! Can I apply for the lottery if my husband is OVERSTAYED????!!!

Hello everyone,

Please help me find the answer to this question, I had read a lot on this forum but I could not find any case similar to mine.
I am in US, F1 visa holder and I am all good on my status. I wanted to apply for the DV-2012 and when I clicked "married" they ask you to fill out all the info for my husband. But there is a little problem; my husband had overstayed many times his I-94, though his visa is valid till 2012. Every time he when back to his country he never turned back the I-94, so there is no record for previous times. This time he overstayed 1.5 yr and it can be proven, since we got married when he was overstayed. Please let me know what kind of consequences can there be in case I would win. I do not want to jeopardize him in any way, but we would like to take advantage of the lottery.

Is it possible just for me to apply for the PR, in case I would win?! Or is there any hope for both of us, since I am the main applicant?!
PS: I have not completed the application yet!

Thank you all in advance for your help!!!!
 
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Iriis1305,

Go ahead and complete the application... It's luck that will decide whether you get selected. You have only until November 3 to fill the application.

If you do win the DV-2012, but do not proceed, you'll not jeopardize your husband or yourself in any way.

However, if you decide to proceed, you should consult carefully. I hope this thread provides you the help.
 
I dont really know. Do like samfromnp said. But I think later on it could be a problem for your husband.
 
samfromnp & Jeffy14, thank you so much for replying!!!
@samfromnp, do you think in case a miracle happens and I win, is it possible just for to apply without the my husband?! In this way at least one of us could have a chance!

Thank you!!!
 
Iriis1305,

If you fill the application with your husband and win the lottery, and later on want to apply alone, you have to change your status as separated/divorced.

My recommendation is that you fill the application right away (with your husband) and wait for the DV result on May 1, 2011.
 
I also have a problem myself, but I could only suggest that you go ahead and file for DV. Some people get it in the first year, some people wait for 10 years and still don't get it. So worry about it later when you actually win the lottery, and then consult a good lawyer.
 
I agree apply saying your are married.
Then, if thee is a problem with your husband, I believe this would not impact you.
If you win, then you should see a lawyer to see how it could impact your husband :)
But you may never win dont forget :(
 
Thank you guys for your postings, I appreciate your opinions. I was very confused as I didn't know if by simply applying it could jeopardize his stay in any way. Also, I wanted to know in advance the possible action, as there is limited time to submit all the documents.
I did apply yesterday for both of us, just because as you said its luck and you never know. Sure he is not going to proceed in case of winning!

Thank you again very much!!!
 
I would consult a lawyer a.s.a.p. when you win the NL, before paying fees and moving forward. Be careful to talk to a reliable experienced lawyer that doesn't just take your money. Go to an expert immigration lawyer and the owner of this forum is a lawyer too...but there are many more good ones, and a huge amount of very bad ones.

If he is not eligible he can be getting a 7 or 10 yr ban from the US and they can but don't have to, deny your GC as well since you are married and was during the overstay and they might be afraid that you will help him get in and that way overstay even more...Now you are seen as a couple and they expect you to live in the USA after winning and if you are married and he is not allowed to get a GC, you will be living apart...which is not seen as a marriage in the true word.

I don't want to scare you, but he did it to him self and now to you and better pay a lawyer before you lose fees for 2 people and get a denial which afterwards always has to be filled out on any application when you want to enter the USA. It will be in their USCIS computer so you will get issues every time you try to enter...is that worth it?
 
bentlebee said:
I would consult a lawyer a.s.a.p. when you win the NL, before paying fees and moving forward. Be careful to talk to a reliable experienced lawyer that doesn't just take your money. Go to an expert immigration lawyer and the owner of this forum is a lawyer too...but there are many more good ones, and a huge amount of very bad ones.

If he is not eligible he can be getting a 7 or 10 yr ban from the US and they can but don't have to, deny your GC as well since you are married and was during the overstay and they might be afraid that you will help him get in and that way overstay even more...Now you are seen as a couple and they expect you to live in the USA after winning and if you are married and he is not allowed to get a GC, you will be living apart...which is not seen as a marriage in the true word.

I don't want to scare you, but he did it to him self and now to you and better pay a lawyer before you lose fees for 2 people and get a denial which afterwards always has to be filled out on any application when you want to enter the USA. It will be in their USCIS computer so you will get issues every time you try to enter...is that worth it?
Click to expand...

I agree with that, there is a risk that your husband wont be allowed in the US anymore... So he needs to find out....
Because even if you win and get awarded the GC. I doubt your husband will be able to get one. ANd now if he leaves the country. He wont be able to come back. It's a weird situation?
But I dont think that just entering the lottery poses a threat to your application.
 
I degree apply first and than contact a lawyer. Maybe you find elaboration on the website where you make your application for the green card!
 
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Sure...they will not check....wake up, it is all in the USCIS computers, they know all dates you have entered. My friend was asked when she entered and left in the last 5 years and she named most but forgot one country and that was mentioned,, but the interviewer didn't seem to mind she didn't know but she thought he checked how she would react.

Ask people who were set in a room apart when entering on a visa and ask what they were asked and how customs knows all dates of traveling...

IMO the OP risks to be denied as well, since they are a couple, married and if the husband is denied he could enter in 5 years if she becomes a citizen...they now applied together, which makes it a dual application.
 
In my opinion, what is done is done but the husband should not have applied since there will be no way for him to adjust his status or do CP because of his overstay history. The wife on the other hand is free to apply (as she did) as she has no issues with USCIS..BUT should she win and having already declared that she is married it is inevitable that questions about her husband and his status will be brought up in her interview, since he would be eligible under NORMAL circumstances for a derivative visa. This is definitely a case for a VERY VERY GOOD lawyer.
She should start doing her research on similar cases and the likelihood of success.
 
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IMO you are considered a married couple under the law if you live together and if only the wife will get the the visa then they will not have the possibility to live together in the US. In cases that USCIS doesn't trust a marriage to be the real deal they want to know if the couple lives together...In this case they can't live together and are forced to stay apart due to the GC issue...I don't think USCIS will set themself up for a lawsuit and will deny one party of a married couple to get the GC and the other one not...overstayed people won't qualify that is why IMO they will not give it to the spouse, they are considered a unity.

A good lawyer can give clarity and perhaps previous cases...Most things a common sense...
 
Thank you guys for your opinions! I thought of not mentioning that I am married, but I've remembered that when we applied for our marriage license they took my SSN, so I didn't want to risk and turn out as a liar.
 
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