Immigration Issues/I-130

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Question
My wife and I were selected for DV2010 but I was a soldier and I had no right to have a

passport, so I was Unable to assist interview in the U.S. consulate in Morocco.
On the other hand I inform you that we have been married 03 years before our selection to

the DV2010 and my name was in the second letter from Kentucky consular centre as

beneficiary.
Now my wife is in USA and I have passport because I have finished my contract in the

military.

MY QUESTION:
Is it true that If you were married to your spouse before you became a permanent resident,

your spouse may be eligible to receive following-to-join benefits. This means that you would

not have to submit a separate Petition for Alien Relative, for your spouse, and your spouse

would not have to wait any extra time for an immigrant visa to become available?
Source: http://www.immihelp.com/greencard/familybasedimmigration/following-to-join-

benefits.html
         http://1uscis.com/uscis-ins/how-do-i-bring-my-spouse-to-live-in-the-united-

states/
Thanks in advance, and best regards

ANSWER: Hi Boubker:
Just to be sure, you and your wife were selected for DV 2010 separately or together as married couple? If so, who is the main applicant/beneficiary?

And, what interview were you not able to assist in Morocco?

And further, on what status is your wife in the US, and what status do you now hold?

Sorry, but I am somewhat confused with the information you have provided; please clarify my confusion and I will be in a better position to answer your query.  

However, to what I understood - you seem to be the main beneficiary under the DV2010 and your wife a derivative beneficiary; later you got your Permanent Resident status and now you are a Citizen of the United States (so on what status did your wife enter the US and what status does she now hold?)

If you got LPR status through DV and now citizenship, you may not need to file for your wife all over again but can process the DV derivative application.  Or, you may file for your wife as a US citizen and it might take 4-6 months for the case to process.  
Hope to have answered your query.  
Best wishes,

---------- FOLLOW-UP ----------

QUESTION: Thanks for the reponses.
i said that we are married in 2007 so we were selected together as married couple and my wife was the main applicant.she got LPR status through DV2010 since novembre2010 but not a US citizen yet.

MY QUESTION:
Is it true that If you were married to your spouse before you became a permanent resident,your spouse may be eligible to receive following-to-join benefits. This means that you would not have to submit a separate Petition for Alien Relative, for your spouse, and your spouse would not have to wait any extra time for an immigrant visa to become available?
Source: http://www.immihelp.com/greencard/familybasedimmigration/following-to-join-
benefits.html
        http://1uscis.com/uscis-ins/how-do-i-bring-my-spouse-to-live-in-the-united-
states/
Thanks in advance, and best regards

Answer
To my understanding, if you were married to her at the time of selection under DV2010 you are eligible as a derivative beneficiary.  so you could have applied I-485 Application to Adjust Status along with her. However, you may still do the same as being the derivative beneficiary/follow-to-join. You may be subject to Visa availability as per the # of visas issued for the country under DV lottery that particular year.  

Best wishes,  

Immigration Issues

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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