QUESTION

diversity lotto winner

Asked on May 20th, 2014 on Immigration - New York
More details to this question:
I've won the diversity lottery but i'm unsure about a few items on form ds260. I'm currently on an E3D and moved to the US in nov 2011. I left the country for a week to renew this visa in 2012. Do these count as 2 separate trips to the US? How can I make it clear that the last trip is still ongoing i.e I'm still here from my last travel date. Also, I am not legally separated but am planning to be at the end of this year. Is it appropriate to just fill in my husbands details (he was included in my entry) and just state that he will not be immigrating with me?
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1 ANSWER

U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
Hi. I assume you won for next year (starting 10/1/2014). If you are in the US on a visa, you may file in the US and avoid the consulate process. However, you will need to be/maintain your status. Once you get divorced, you will need to change your status or leave the US. If you leave, then you must process the DV at the Embassy next year.  That said, you can list your current trip end date as the date you finalize the DS-260. You must list the trips including the processing times in 2012. Since you are dependent on your husband, yes, you must list his until you are legally divorced. 
Answered on May 21st, 2014 at 2:11 PM

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