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How to Adjust base on DV Lottery instead of marriage!

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  • How to Adjust base on DV Lottery instead of marriage!

    Hello,

    I recently got married in September 2014 and applied for i765, i130, i485 in January 2015. I got my EAD card approved in March. I have been having problems with my wife and from the looks of things, we won't last and she threatens to cancel the petition. Luckily I had applied for the DV lottery last year and I just saw that I had been selected for further processing just yesterday (May 7, 2015).

    My question is can I abandon or withdraw the petition based on marriage and pursue an adjustment of status through the DV Lottery? Please help me because it has become a lot of headache for me.

    Also, I came in with an F1 visa and I was a full time student till I graduated last year in June. I applied for OPT and it got denied in August because the date on my i20 was 3 days later than the date I paid online for my OPT (which did not make sense to me). My visa expired at the end of october but I was already married and my graduation walk was in December. Will I be considered out of status for the period between when my visa expired and when I actually put in the new application?

    Please help me. Thank you.

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