Questions Answered by the US Consulate in Sydney
May 20th, 2007 . by adminAfter winning the green card lottery I have had so many questions flying around in my head. Recently, I contacted the US Consulate in Sydney to see if they could shed some light on these issues. The following is an excerpt from that email - my questions are in bold and their responses are in CAPS, enjoy:
I received a letter in the post from the Kentucky Consular Center informing me of my successful selection in the random DV Lottery – great news!
I’ve read through all of the accompanying paperwork but still have a few questions which I am hoping someone will be able to address, as follows:
- From what I can gather, once an interview has taken place and if a visa has been approved, a person must then travel to and enter the US within six months of receiving said visa.
CORRECT.
If that person enters the US successfully, they are then sent a “green card” in the mail to the address specified on the DS-230 Part 1 form.
CORRECT.
Once in possession of this card, they can maintain their Permanent Resident status and travel in and out of the US freely, by using this card upon reentry, as long as the travel does not exceed one year
CORRECT, HOWEVER, YOU WOULD BE GRANTED PERMANENT RESIDENT STATUS IMMEDIATELY UPON YOUR ENTRY INTO THE U.S. WITH YOUR DV VISA
(and if it does they must apply for a re-entry visa).
IF YOU PLAN TO REMAIN AWAY FROM THE U.S. FOR 12MTHS OR LONGER (UNDER 2 YEARS) YOU MUST APPLY FOR A RE-ENTRY PERMIT PRIOR TO YOUR DEPARTURE FROM THE U.S.
So, just to confirm, I can enter the US, collect my “green card”, search for a suitable place to live and work, then return to Australia to arrange the shipping of my belongings and tie off loose ends here?
YES AND PROVIDED THAT YOU RETURN WITHIN 12MTHS OF YOUR LAST U.S. DEPARTURE DATE.- I currently own and operate a web services company which will remain registered within Australia once I moved to the US. Assuming “green card” holders are able to work freely, could you please confirm that I will be able to establish a US ‘branch’ of my business and develop the company there as well once I move. I assume it won’t be a problem to travel regularly for business purposes whilst in possession of the “green card”?
WE’LL NOT BE ABLE TO ASSIST YOU WITH ESTABLISHING A BUSINESS. HOWEVER, ONCE YOU HAVE GAINED LEGAL PERMANENT RESIDENT STATUS YOU MAY DEPART THE U.S. BUT MUST ALWAYS RETURN WITHIN 12MTHS OF YOUR LAST U.S. DEPARTURE DATE. DETERMINATION OF RE-ENTRY INTO THE U.S IS ALWAYS DETERMINED AT YOUR PORT OF ENTRY. IF THE IMMIGRATION OFFICIALS MAKE THE DETERMINATION THAT YOU HAVE BEEN SPENDING MORE TIME OUT OF THE U.S. RATHER THAN IN, THEY CAN RELINQUISH YOUR RESIDENCE STATUS AT THAT POINT IN TIME.- I am currently unmarried but have been in a serious and committed relationship for the past three years. Obviously, I am interested to know what the best course of action is to take in order to not be separated from my partner. He is not (yet) part of my “immediate” family, and therefore I can’t apply for a change of status to my family, but he is very interested to know what options he has in order to move to the US with me if I have a diversity visa.
THE SIMPLEST WOULD BE TO MARRY PRIOR TO YOUR SCHEDULED VISA INTERVIEW AND HAVE HIM INCLUDED AS YOUR HUSBAND. IF YOU DO MARRY BEFORE YOU ARE SCHEDULED YOUR INTERVIEW, HE’LL NEED TO COMPLETE THE SAME FORMS AS YOU (SO MAKE PHOTOCOPIES TO KEEP FOR HIM) AND RETURN THEM TO KCC WITH A COPY OF YOUR MARRIAGE CERTIFICATE AND REQUEST TO INCLUDE HIM IN YOUR APPLICATION.
I understand there is a fiancé visa available to someone engaged to marry a US citizen, and that there is a waiting period for the spouse of a Legal Permanent Resident, but if marriage is not currently an option for us, what is the best course of action to take?
YOU WON’T BE ELIGIBLE TO APPLY FOR U.S. CITIZENSHIP UNTIL AFTER YOU HAVE RESIDED IN THE U.S. FOR FIVE YEARS. BEST TO MARRY BEFORE YOU ARE SCHEDULED FOR YOUR FINAL VISA INTERVIEW.
So there you have it folks - hope this info has been helpful if you are in a similar situation!