Understanding Legal Marriages for DV Lottery Winners: Customs vs. Documents

Introduction

Winning the DV lottery and establishing residency comes with a myriad of questions, especially when it comes to proving legal marriage. If you've been living with your partner for 15 years, doing a customary wedding, but no legal documents, you might wonder if you'll be considered a legal spouse during your interview. In this article, we'll explore the intricacies of customary weddings, legal documents, and the implications for DV lottery winners.

Customary Weddings and Legal Marriages

A customary wedding is a form of marriage that is recognized in certain cultures and regions but may not have formal legal documentation. For DV lottery winners, the question of whether a customary wedding will be recognized by the State Department during your interview is crucial.

According to 9 FAM 102.8 from the Foreign Affairs Manual, a customary marriage can be considered valid for visa adjudication if it is legally recognized in the place where the relationship was formed and is fully equivalent to a traditional marriage. Here are the key legal considerations:

The relationship can only be terminated by divorce or death. A potential right to alimony exists. A right to intestate distribution of an estate is recognized. A right of custody is granted if there are children.

While this section supports the validity of customary marriages in certain contexts, it's important to check with your local laws and the consular officer to ensure that your marriage will be recognized. Failure to meet these criteria could result in your marriage being deemed invalid by the State Department.

What Happens If You Have No Legal Documents?

Even if you believe your customary wedding is valid, it's crucial to understand that in many countries, only a legal marriage is recognized for immigration purposes. If you aren’t legally married according to the laws of your home country, you might face issues during your interview.

The phrase "No legal documents" means that your customary wedding might not be considered a legal marriage under your country's laws. The significance of this is that you need to prove a legally binding marriage to enter the United States under the DV program. The number of years you've lived together is not a sufficient measure of a legal marriage without proper documentation.

If you are unsure about the validity of your customary marriage or if it has legal standing in your home country, it is advisable to seek legal advice. You may also consider getting a legal document, such as a cohabitation agreement or a solemnization certificate, from a court or a legal professional to ensure that your relationship is recognized legally.

Proving Your Marriage During the Interview

During your interview, the consular officer will likely ask detailed questions about your customary wedding and your relationship with your partner. It's important to be prepared to provide evidence and answers that demonstrate the validity of your marriage. This might include:

Witness statements from family members or friends who can attest to the nature of your relationship and the customary wedding ceremony. Photographs and video recordings of the wedding ceremony and your union. Any legal documents, such as a cohabitation agreement or a court-issued certificate of relationship, that can support the validity of your marriage. Witness statements from family members or friends who can attest to the nature of your relationship and the customary wedding ceremony.

If you're unsure about whether your customary wedding is legally binding, you could consider getting married now to ensure that your relationship is legally recognized. This step can provide peace of mind and avoid any potential complications during the interview.

Conclusion

Customary weddings are recognized in certain cultures and regions, but for the purposes of the DV lottery and entry into the United States, legal marriage is required. Always ensure that your relationship and union are legally recognized in your home country to avoid any potential issues during your interview. If in doubt, seek legal advice and consider getting a cohabitation agreement or a marriage certificate to safeguard your immigration status.