ige

My fiancee won the green card lottery.
My question is after she gets the visa how long are you given to enter the U.S to validate the visa?
And is it possible to extend the date you are give to enter the U.S for some reasons or the other.
Thanks for the reply in advance.

fatbrit

6 months.

No idea on the extension but I'd be inclined towards the no. BTW, you can always enter than immediately leave again for a while if necessary.

ige

Thanks
about if you have a concrete reason why you can't make it.
and if we enter and leave immediately for how long
would you have to live in the U.S to retain this visa?

snowbunny

There's a difference between winning a prize in a lottery and wanting to immigrate to the US.

Right now it sounds like matters elsewhere are more pressing and appealing than immigrating to the US. And if you were truthful about it to an immigration official, then they might see it that way as well.

fatbrit

You have to live in the US permanently to keep the green card. The only way I know you aren't required to live in the US but can live and work here anytime you want is if you become a citizen.

But you can stay away for short periods of time if necessary and still keep your green card.

As I tried to point out to you before, if the winner is your gf, you are not coming anyway on the basis of her visa.

As I also said before, if your gf has ever wanted to come and live in the US, she has no finer opportunity than the one that has presented itself. However, if she messes about, she will lose it. Either she wants to come and take the opportunity, in which case should stop messing about delaying medical appointments, attend the consular appointment, get the visa, and then arrive within the 6 months OR she should just forget the whole thing. I'd be inclined towards the latter given your posts as it is not easy to make a life in a new country and I'm not sure you've got what it takes.

ige

Thanks fatbrit for the reply.
living in a new country for us isn't a big deal.We have been moving and right now we are in Australia which we also migrated here.
The thing is so many things just happened at the same time and we are thinking of which step to take.
btw if we don't get married before she takes the interview would she be able to get me the visa to work and stay in the U.S?

Noorah101

I am not even sure you could get married *now* and still come with her. You might have had to be married at the time she applied for it. I'm not sure, though, so check on that.

If you don't get married, and then she comes to the USA and becomes a permanent resident, then no. She can't apply for you to come to work and live in the USA. There's no fiance visa available for PR's. She'd have to become a citizen first.

If you get married now, but you can't (for some reason) join her on HER visa, then yes, she can petition for you to come to the USA. But, since she is only a PR, it will take several years to process. Once she becomes a citizen, it speeds up your paperwork, though. So you're probably looking at about 4 to 6 years or more, for you to get an immigrant visa off the tails of her PR status.

Sounds like you guys have some big decisions to make. Good luck to you.

Rene

TexasAlex

I found the following 4 links and summaries that outline under which conditions you might be able to bring you partner with you, if you get married. Good Luck!

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Source: http://www.murthy.com/glosaryg.html#I

Immigrant Visa (IV) - a permanent visa issued at a consulate. Upon entering the U.S. with the IV packet from the consulate, one is admitted as a Lawful Permanent Resident (LPR).

Lawful Permanent Resident (LPR; also, green card holder) - one having the right to reside permanently and work in the U.S. Unlike a U.S. citizen, however, an LPR does not have the right to vote and can be deported if, for example, convicted of certain crimes.

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Source:http://www.foreignborn.com/visas_imm..._my_spouse.htm
If you were married to your spouse before you became a permanent resident, your spouse may be eligible to receive following-to-join benefits. This means that you would not have to submit a separate INS Form I-130 (Petition for Alien Relative) for your spouse, and your spouse would not have to wait any extra time for an immigrant visa number to become available. See Application Procedures: Bringing My Spouse to Live in the U.S. for more information on following-to-join benefits.

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Source: http://www.uscis.gov/graphics/howdoi....htm#Following
Following-to-Join Benefits for Spouses
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:
-You received a diversity immigrant visa
-You received an employment-based immigrant visa
-You received an immigrant visa based on your relationship to your U.S. citizen sibling
-You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married

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Source: http://www.ailc.com/howdoi/LPReligibility.htm
Spouse’s LPR Status
Your spouse became a lawful permanent resident after you were married. You may be eligible to receive following-to-join benefits. In these cases, you may apply to adjust to permanent resident status at the same time that your spouse applies for following-to-join benefits for you. For more information, see How Do I Bring My Spouse to the United States to Live?

BigDavyG

I think you're right about needing to be married before the application was submitted. It will def be too late now.

From personal experience, and as mentioned above if she decided not to use the visa I would discount the possibility of ever moving to the US. The DV lottery is by far the easiest way to move if you get lucky unless of course you are a millionaire.

ige

ok and thanks for the explaination.
So what i understood is that since she has sent her application to kentucky and she is just waiting for an interview with the US consulate. if we get married it won't make a difference.

But thanks for the links below.If i understood the information from those websites i guess its still possible.

isn't it?

TexasAlex

I am not a lawyer, but it is my understanding that it is still possible for you to also get a green card, IF you get married BEFORE she officially immigrates (uses her immigrant visa to enter the US for the first time).

Most people think it is not possible, BUT as this link of the US government website shows, it is clearly possible:

http://www.uscis.gov/graphics/howdoi...0for%20Spouses

ige

Thanks very very much for the info.
Only i just wonder how long it might take if one applies?

Folinskyinla

Hi:

You've worded the question wrong -- once one enters on an IV, the person is an LPR even if they turn around and leave that very day.

The question then becomes one subject to standard "abandonment" analysis. Laypersons ask the question in terms of "how long can I stay OUT of the United States?" and people like to give answers like "six months" "less than one year" etc. However, time is but ONE factor in a heavily fact dependent area.

BTW, I'm noting that people in this string are reading things into your questions that may not necessarily be true -- YOU are the one who knows your fact situation, they don't. So beware of the advice you get.

If you are following "Doonsbury", the strip mentioned "Door knob momemt" last week. I've often thought of this of the "By the way ..." questions posed by Peter Falk in the old "Colombo" detective TV show. Every lawyer knows the importance of being "prepared" but every so often gets surprised by one "little" fact that comes out which changes everything.

Folinskyinla

Sigh. Get legal consulation on this. Pay some bucks.

Folinskyinla

Hi:

DV visas are granted ONLY within the Fiscal Year in question. IOW, FY 2006 DV must be ISSUED before September 30, 2006. DV 2007 only between October 1, 2006 and September 30, 2007.