If I am in USA on a K-1 visa, can I enter the green card lottery? 6 Answers as of December 16, 2010

I am in the United States on a K-1 visa, but my fiance and I have not gotten married yet. I heard there was a lottery you could enter to get a green card, and since I do not have one yet, I want to know if I can enter or if I should just wait to apply until we are married?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
No, you must marry within 90 days of your arrival in the USA on a K-1 fiancee visa, and then apply for conditional residency through adjustment of status. You cannot attempt to obtain legal residency or any other visa by change of status from the K-1. If you wish to discuss it further, e-mail or call me to set up a consultation in-person or by phone.
Answer Applies to: California
Replied: 12/16/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
The green card lottery is only available during one month window for applications to be submitted and that window has already passed (it was in October). There is no reason for you to enter that lottery anyway, if you plan to be married and file for your green card that way.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 11/30/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Hi,

The qualification for green card lottery depends on what country you are from. If you are from one of the countries the lottery is offered to, you are eligible for a green card lottery.

Good luck!
Answer Applies to: Florida
Replied: 11/23/2010
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
If you entered the United States under the K-1 visa the only way you can obtain your residence is through an application from your fiance. Even if you win the visa lottery you would not be able to adjust status with that. You need to marry your fiance before the 90 days and apply for adjustment of status.
Answer Applies to: Florida
Replied: 11/19/2010
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
If your entry was on a Fiancee visa it will do you no good to apply for the visa lottery. Please insure that you complete your marriage within 90 days of you arrival to preserve your ability to adjust your status and stay here. Additionally not all countries are eligible for the lottery.
Answer Applies to: Florida
Replied: 11/19/2010
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    You can only apply for adjustment based on your marriage to your American citizen sponsor. You must get married within 90 days of your arrival, then file the adjustment, together with the Fiance Petition approval notice.
    Answer Applies to: California
    Replied: 11/19/2010
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