Ask an Immigration Lawyer. Get an Answer ASAP.
Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.
Unfortunately, the chances are zero. Had they married after 2011, that would have been fine, but because they married before 2011, the spouse had to have been included. Here is an OFFICIAL link:
You must deny the applications of registrants who list on their Form DS-230, Application for Immigrant Visa and Alien Registration, or their Form DS-260, Online Application for Immigrant Visa and Alien Registration, a spouse or child who was not included in their initial entry, unless such spouse or child was acquired subsequent to submission of qualifying DV entry. The spouse of a principal alien, if acquired after registration, and prior to the principal alien’s admission, or the child of a principal alien, if the child was born after registration or is the issue of a marriage which took place after registration and prior to the principal alien’s admission to the United States, although not named on an application, is entitled to derivative DV status.
So I am truly sorry, but the spouse will not be able to immigrate with the principle. After the principle immigrates, they can petition an I-130 for their spouse and the spouse should be able to follow abour 2 to 3 years later. The spouse will generally not be able to visit the U.S. during this process. The principle can visit the spouse often or if the principle wants to live outside of the U.S. with the spouse while waiting, they would have to file an I-131 Re-Entry Permit that will allow them to be outside of the U.S. for up to 2 years and not lose their Residency status.
I am truly sorry.
Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Thanks the Law ,am really glad with the answer given, so is it possible for the principal to process the application if yes, how can she get started since herself and her family were not interviewed at all.
please can the lady that won the lottery process the application and how can she start the process?Also can you take this case up on her behalf?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).