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Diversity Visa 2012 - Eligibility through spouse - Query

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  • Diversity Visa 2012 - Eligibility through spouse - Query

    In my case , i am not eligible for DV but my spouse was born in one of eligible countries

    "if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse’s country of birth—provided that both you and your spouse are on the selected entry, are issued visas, and enter the United States simultaneously.

    In above situation , what does this means "provided that both you and your spouse are on the selected entry, are issued visas" ?

    does that means I will be applying as primary applicant and my wife would be there on that application => provided that both you and your wife is there on selected entry ....and obviously if I am applying and my wife is there on application and if both got selected ...both would get visas..right ?

    Also can we file in 2 applications ? like
    1)I apply and add my spouse into application making me eligible as she is eligible
    2) My spouse applies and mentions me as her husband on application, as she is born in eligible country ,..and once she gets visa i would also get eligible.

    I have heard we both can apply as 2 separate applications but both should each other as family members/spouse on their application that would double the chances.

  • #2
    Hi there. Yes you can apply as the spouse who was born in a eligible country. That sentence you quoted simply means that if you are selected in the lottery, your spouse MUST be issued the visa in order for you to be issued one. If for some reason, she does not want to go or is denied the visa, you too will be denied.

    I believe, that only your spouse can make the application nominating you as her spouse that would be added to the application. I dont believe YOU can make an application for yourself as you were not born in an eligible country.

    Hope this helps a bit.

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    • #3
      Only your wife can apply. You will be listed as her spouse, and should she be selected in the lottery and pass all required steps, you would be granted GC as her spouse.
      You cannot apply in the lottery if you are not eligible.

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