Chargeability (Eligibility) through Spouse a.k.a Cross Chargeability

Chargeability through spouse

If one is from an ineligible country the ineligible spouse can use the eligible spouse's country of nativity.

EXAMPLE 1: Jose is a native of Mexico (ineligible country) and Miryam is a native of Syria (eligible country). In this case, you can apply for the lottery using your wife’s country of birth. Also, to increase the chances of winning, it is suggested that they both make separate applications. That is,

1. Miryam makes an application using her own country of eligibility and add Jose as her derivative.
2. Whereas, Jose should fill in a separate application using the cross chargeability through his wife's country of eligibility and must add his wife as a derivative on the application.

If you and your spouse are from a qualifying country, each of you can submit your application online and add your derivatives.

EXAMPLE 2: Abeba is born in Ethiopia (eligible country) and married to Alesio who is a native of Italy (eligible country).

If you have a situation like this, each of you should do an application and add your derivatives. This will increase your chances of getting selected. BUT, that being said, make sure you do not over apply multiple times which will disqualify you from applying to the DV lottery for that specific year in itself. The technology is designed in a way that any entry will be disqualified if applied multiple times unless otherwise eligible. Lets see below...

1st entry : Abeba applies based on her country’s eligibility. She adds her husband to it.
2nd entry: Abeba also does an independent application claiming her eligibility through her husband, wherein she is the primary applicant again.

Is this permitted? NO. Will she be barred from entering the lottery for the year? YES

If she had added her husband to both the application, would he have been denied too? YES

However, she can apply listing her husband as a dependent, and the husband can also apply listing her as a dependent.

These cross-chargeability exceptions are brought to action by DOS to promote family unity. In this above case, it avoids separation from your spouse. Although you are applying through your spouse, please keep in mind the conditions below before you apply:

• IF YOU ARE THE APPLICANT FROM AN ELIGIBLE COUNTRY, You must be married at the time of ADMISSION to U.S. Again, note that you should be married at the time of admission not at the time of entering the lottery in itself.

EXAMPLE 3: Ali is from Iran (eligible country). He entered the lottery and won. Few months before he won, he married Sana who is a native of India (ineligible country). In this case, although Sana is from an ineligible country, she will be qualified for the visa if he adds her on to his before the visa issuance.

• You can apply if you are separated from your spouse but not if you are legally separated. If you are divorced, you are not entitled to enter the lottery using your spouse’s country of eligibility.
• If you win the lottery, be prepared to enter the U.S together with your spouse or make sure that your spouse enters before you. In plain words, if you used your spouse’s country of eligibility and won the lottery, you cannot enter the U.S. first.

I am sure few of you are wondering if you can enter the lottery using your partner’s country of eligibility and get married after entering the lottery. The answer is ‘NO’.