Legal Question in Immigration Law in California

My fiancee has just won the dv lottery and she offered to marry me because we were both planing to go to the US together. What happens if she divorces me when we already have the green card? Would I loose it? I would like to know it because due to my job I would be eligible for a H1B, and I would not want to be kicked out of the country in case things go wrong between us.


Asked on 5/09/12, 9:31 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Unfortunately, even if one is chosen for the DV lottery, there is a chance that they still will not get a greencard through it, since there are more people chose than immigrant visa numbers available, among other things.

However, if you get married & then get your greencard through her DV lottery as a derivative spouse, you won't lose it if you later get divorced (as long as USCIS does not suspect marriage fraud).

You can still apply for Adjustment of Status through DV eligibility, even if you are in H-1B status.

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Answered on 5/09/12, 10:25 am


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