Winning the Diversity Visa (DV) Lottery is a life-changing moment. It gives you the chance to become a lawful permanent resident of the United States and build a new life with vast opportunities. For many winners, one of the most critical questions is whether they can bring their partners with them. The question becomes even more crucial when you are in a same-sex relationship.
Living in countries that restrict or criminalize same-sex marriage, the thought of leaving your partner behind can be overwhelming for couples. The good news is that the U.S. immigration law fully recognizes same-sex marriage. Therefore, a DV selectee can bring a same-sex spouse to the United States under the same conditions as any opposite-sex married couple.
The consular officers must treat all married couples equally. However, you must follow the correct procedures to obtain a visa for your partners and meet the set deadlines. If you are unsure of the proper steps to take, you will need the guidance of a reliable immigration attorney.
U.S. Immigration Law and Same-Sex Marriage Recognition
The United States recognizes same-sex marriage for all immigration benefits. This rule became permanent after the U.S. Supreme Court’s decisions that struck down laws banning same-sex marriage. Since then, every U.S. immigration agency must treat same-sex marriages the same as opposite-sex marriages.
These agencies include the Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS). For DV cases, the rule means you can list your same-sex spouse as a derivative beneficiary. Your spouse will receive her own case number extension and visa if your relationship meets the legal requirements.
The U.S. does not require both partners to come from a country that recognizes same-sex marriage. Even if you live in a country where same-sex relationships are illegal, you can still obtain a U.S. immigrant visa. However, you must get married in a country where such a marriage is legal.
If your home country does not allow same-sex marriage, you must travel to a country where it is permitted. Some countries where same-sex marriage is legal include:
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Canada
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United States
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South Africa
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United Kingdom
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Germany
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France
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Netherlands
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Spain
If you live in a restrictive region, such as the Middle East or parts of Africa, the closest options are South Africa or Taiwan. Many couples plan a short trip specifically for their wedding. The U.S. embassy only cares about legal validity, not your country of residence.
Requirements for Your Same-Sex Spouse to Receive a DV Visa
You must meet specific requirements for your same-sex spouse to be eligible for a Diversity Visa. These requirements apply to all married couples, and they include:
The Marriage must be Legal
Your marriage must be legally recognized in the country where it took place. The United States follows the “place of celebration” rule. It means the U.S. looks only at the law of the location where the marriage occurred. If same-sex marriage is legal there, the U.S. will recognize it.
It does not matter if your home country rejects or criminalizes same-sex relationships. Additionally, the U.S. laws do not consider your country of residence when determining the legality of your marriage. You must have a civil marriage that creates legal rights and obligations to qualify for the visa.
The Marriage Must be Genuine
You must not have entered the marriage only for immigration benefits. Consular officers check this requirement for all couples. They will review your documents and ask basic questions. They will determine whether your relationship developed naturally by reviewing evidence such as:
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Communication history
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Photos, visits
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Shared plans
You do not need to prove perfection. Instead, you only need to show honesty and consistency. Same-sex couples may face limits on public evidence. Therefore, if you find yourself in this predicament, clear explanations are invaluable when you have limited evidence.
You Must Marry Before Your Interview
Timing is critical in DV cases. You must be legally married before your consular interview. If you marry after the interview, your spouse will not be able to move to the US with you. The DV program does not allow later sponsorship. Therefore, you should officiate the marriage in advance. Marriage should happen immediately after selection to avoid last-minute problems.
Updating a DV Case After Marriage
You must update your Diversity Visa case immediately after getting married in a legal ceremony. A delay can affect your spouse’s eligibility. The process of updating your case takes the following steps:
Update your DS-260
After the marriage, you should log into your DS-260 account and add your spouse as a family member on your form. Furthermore, you should complete a separate DS-260 for your spouse. When completing the document, you should ensure that all the information is accurate and matches your documents.
Errors when updating the DS-260 can cause delays. Updating the DS-260 tells the U.S. government that you are now married. Additionally, it notifies the consulate that you wish to include your spouse in your case.
Notify KCC
After updating the forms, you must inform the Kentucky Consular Center (KCC). You can email them explaining that you got married and added your spouse. Also, you can attach a copy of your marriage certificate and your spouse’s passport bio page.
You should include your case number in the subject line of your email. KCC reviews the update and links your spouse to your DV case. This step ensures your spouse will be scheduled for the interview with you.
Keep Proof of the Relationship
Even after updating your case, you must continue gathering evidence. You can keep:
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Messages
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Photos
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Travel records
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Call logs
Strong evidence helps the officer confirm that your marriage is genuine.
Attend the Interview Together
You and your spouse will attend the interview on the same day. The officer may ask about your relationship history. You should stay calm and answer the questions honestly.
You Receive Your Visas
If your visas are approved, you can receive them on the same day. You can travel together or separately after receiving the visa. However, you must enter the U.S. before the visas expire.
Evidence to Strengthen Your Same-Sex Marriage Case
Same-sex couples need strong evidence to show that their marriage is real. This is common when they come from countries where their relationship cannot be open. The U.S. government does not discriminate. However, the consular officer must still confirm that your marriage is genuine. The best way to prepare is to collect precise, honest, and consistent proof of your relationship. The evidence could include:
Communication Records
Communication records are one of the strongest forms of proof when seeking a visa for your same-sex partner. Many same-sex couples cannot be public. Therefore, messages become the main way to stay connected. You can show:
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WhatsApp chats
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Text messages
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Call logs
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Emails
Social media conversations. The officer will not look for romantic details. Instead, the messages will help them determine natural interactions and the length of communication. Even simple daily chats show commitment. It helps to illustrate conversations that span months. When you present screenshots, you must ensure that they show states and names.
Travel Records
Travel records can also help prove your relationship. Many couples meet in private places, such as hotels or safe countries. Therefore, any travel you take together can support your case. You can provide the following types of evidence to prove your travel together:
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Boarding passes
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Passport stamps
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Hotel confirmations
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Flight itineraries
Even if you could not openly book a room together, you can show photos from the same trip or receipts from the exact locations. The officer understands that same-sex couples may face limits. Therefore, you only need to demonstrate that you attempted to meet and spend time together.
Financial or Household Ties
Financial ties can also show that you are building a shared life. Some couples are unable to open joint accounts or sign leases together due to safety concerns. In this case, you can show smaller forms of financial connection.
You can also show future planning to support the authenticity of your relationship. These small details help prove a genuine partnership. You do not need primary financial links to establish a solid relationship.
Marriage Ceremony Evidence
You may use the marriage ceremony evidence to strengthen your case. Same-sex couples often keep their wedding private for safety. Therefore, evidence of a simple legal marriage is enough for the U.S. government. Your main document is the marriage certificate.
You can also include photos from the ceremony. If you have witnesses, you can add names or statements. If the wedding was abroad, you should keep the receipts for travel, venue, or registration fees. These details support your marriage.
What Happens After Entering the United States with My Same-Sex Partner?
Entering the United States with your Diversity Visa marks the beginning of your life as a permanent resident. Each step after arrival helps you settle quickly and safely. The following events occur after you enter the U.S.:
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You Become Lawful Permanent Residents Instantly
When you enter the United States with your immigrant visas, your status changes immediately. You do not need another interview or extra approval. The immigration officer at the airport will stamp your passports. The stamp shows that you are a lawful permanent resident. Furthermore, it works as temporary proof until the physical green card arrives.
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You Receive Green Cards by Mail
After entering the U.S., the USCIS produces your green cards. They mail them to the U.S. address you provided. The cards often arrive within a few weeks. You become a permanent resident even without the physical card in hand. The Green Card acts as your official proof.
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You can live and work anywhere in the United States.
Permanent residency gives full work rights. You can take any job you qualify for without applying for a work permit. You can start working immediately after arrival. Furthermore, you and your spouse have complete freedom to build your life anywhere in the country.
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Your Marriage Is Recognized Nationwide
The United States recognizes same-sex marriage everywhere. Therefore, every state must treat your marriage respectfully. You can open joint bank accounts, sign leases together, and access family benefits. Employers and landlords cannot discriminate against you.
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You Can Later Apply for U.S. Citizenship
After five years as permanent residents, you can apply for citizenship. You can apply them together or at different times. Citizenship gives you full voting rights and long-term security. Applying for citizenship is the final step in your immigration journey.
Common Problems DV Same-Sex Couples Face and Their Solutions
Same-sex couples going through the DV process face unique challenges. Many of these challenges stem from culture, safety concerns, and practical barriers. The U.S. immigration system treats same-sex couples the same as opposite-sex marriages.
However, the journey leading to the interview can still feel stressful. The following are common problems same-sex couples encounter and the best ways to handle them:
Fear of Being Questioned about the Relationship
Many couples worry that the consular officer will doubt their relationship. The fear is normal, especially for couples who live in places where society frowns upon same-sex relationships. Some partners worry they will say the wrong thing, while others fear judgment.
The solution to this problem is to prepare for the interview. You should bring clear and honest evidence. Also, you can practice answering simple questions about your relationship. You only need to demonstrate that your relationship is genuine and that you genuinely intend to build a life together. Immigration officials are trained to treat every person respectfully.
Lack of Cohabitation Evidence
Many same-sex couples may not live together because of:
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Family pressure
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Society
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Legal risks
Some fear being outed, while others hide their relationship to stay safe. For this reason, you may not have shared leases, bank accounts, or household bills. If you cannot live together, you could explain your situation clearly. Additionally, you can also provide communication records, photos, and travel history instead. Officers understand different realities, and they recognize that not all couples can live together before getting married.
Difficulty Traveling to a Country that Allows Same-Sex Marriage
Many DV winners come from countries where same-sex marriage is illegal. For this reason, the individual may need to travel to another country to get married. Traveling solely for a marriage can be expensive. Additionally, it can be risky, as friends, family, or authorities might question the trip. Some couples struggle with visas for marriage destinations.
The solution to this issue is to make prior arrangements. You should look for countries with easy entry rules. South Africa is a popular choice for many Africans because it allows same-sex marriage and has simpler visa processes. Some couples choose Canada or certain European countries. The U.S. will accept your marriage certificate even if your home country does not.
Families Are Not Aware of the Relationship
Some couples are unable to disclose their relationship to their families. This is due to fear of rejection, conflict, or violence. The fear makes it difficult to gather traditional evidence, such as family photos or wedding celebrations. Immigration officers understand this challenge. You do not need your family's approval or participation in the visa process.
You can have a private marriage and concentrate on gathering evidence that demonstrates your relationship with your partner. You could present messages, calls, and private photos while maintaining your safety.
Delay in Updating the DS-260
Some DV winners wait too long to update their DS-260 after marriage. The delay can cause serious problems with their visa. KCC may not be able to add the spouse in time. If that happens, the spouse may lose the opportunity to obtain a visa. The solution is to update your DS-260 as soon as possible after the wedding. You should not wait for ceremonies or celebrations to take place. You must notify KCC, attaching a copy of your marriage certificate. Acting fast makes the process smoother.
Fear of Local Authorities
In some countries, same-sex relationships are criminalized. For this reason, couples fear that their DV case or marriage information may reach local authorities. The fear can prevent them from preparing proper documents. Fortunately, U.S. embassies do not share your sexual orientation or marriage details with your government.
Find a Competent Immigration Attorney Near Me
You can marry your same-sex partner and bring her to the United States after winning the Diversity Visa Lottery. U.S. immigration law treats same-sex marriages equally. Therefore, consulates must process both partners without discrimination. The key requirement is that the marriage be legally valid in the place where it occurs.
After going through with the marriage, you must update your DS-260 forms and notify KCC. Additionally, you should gather strong evidence of your relationship and prepare for a joint interview. Even if you live in a country where same-sex relationships are unsafe, the U.S. system still protects you. You can marry abroad, apply together, and immigrate as a family.
However, you must follow the proper process and adhere to deadlines. Also, you should present enough evidence to support your relationship. While navigating the immigration process as a same-sex couple, you will need legal guidance. At California Immigration Attorney, we offer expert legal advice and guidance to our clients. Contact us at 424-789-8809 from anywhere in California to discuss your immigration case.