In 2009 we (me and my girlfriend) registered DV Lottery. In 2011 summer I've got married and in October when the program was opened we forgot to change civil status in the DV program application.
In 2012 my wife was announced that she won a green card. Now she followed all steps to gain US visa to proceed final step already in US.
How can legalize our civil status from our native country in USA considering that my wife will have green card soon?
Do we need to divorce in our native country then to go in USA and marry again (I have tourist USA visa)?
1 Answer from Attorneys
The U.S. Government honors all valid, foreign marriages. So, you are not required to re-marry in the United States.
As for the DV Lottery, if you were married before she submitted her DV application & she failed to list you as a spouse on her application, then you will NOT be included with her Immigrant Visa as a Derivative Beneficiary. However, if you were married after submission of her application, then you can be included as an "after acquired spouse". (9 FAM 42.33 N6.6 at (c)).
Related Questions & Answers
My fiancée has an F1 family-sponsored immigrant visa approved and she is... Asked 2/26/13, 7:46 am in United States Washington Immigration Law
I am a son of US citizen. I am currently in US and I have a valid B-2 tourist visa.... Asked 2/25/13, 2:40 pm in United States Washington Immigration Law
Can i gain American citizenship without my country knowing about it? My country... Asked 2/19/13, 4:14 pm in United States Washington Immigration Law
My husband came to the US with a K1 Visa. He has been here for over 3 years. When... Asked 2/11/13, 4:06 pm in United States Washington Immigration Law
I am a citizen and my husband is a legal resident. We would like to petition for his... Asked 2/11/13, 2:15 pm in United States Washington Immigration Law