DV 2013 disqualification because of a child issue

[GeorgeG]

Hello dear members.

I have a really serious case and I am eager to get answers and clarifications as soon as possible.

I will try to explain to you the case in a very short and clear way:

The man and the woman have been married for more than 25 years, still living together and never divorced of course. They have a kid 23 years old. However the man has a lovechild that was born in 2002 and it is 10 years old. He was pushed to accept this kid and sign as his father.

What happens in this situation according to the U.S law? An accepted lovechild from the man without the woman even knowing about that. She never signed for, adopted or whatever this kid. For example if the man has 2 kids before the marriage after signing the wedding papers the woman accepts them as hers stepchildren.

As we all know the DV application form has a section number 14 according the kids. All biological, adopted and stepchildren should be included. However, even in the long DV instructions a problem like this one is not clearly explained. It is written about stepchildren situations when the parents are still married but not living together which is totally different thing.

All of this lead to disqualification of the woman for a visa. The reason - this kid not included in her application form. She is the holder of the green card. Beneficiary is just her husband ( the father of the lovechild ). She has never seen this kid. It is living with its mother.

Is this disqualification unfair? How can the lovechild become a stepchild of the woman when she has no connections at all with it and never signed for, adopted and etc. the kid.

Even if this kid is included in the list of the kids she can not really take it with her ( the kid has another mother ).

The government family status document says only one son( the 23 y old ) that is not beneficiary because he is over 21.

Thank you very much in advance!

 

[Sm1smom]

What happens in this situation according to the U.S law? An accepted lovechild from the man without the woman even knowing about that. She never signed for, adopted or whatever this kid. For example if the man has 2 kids before the marriage after signing the wedding papers the woman accepts them as hers stepchildren.

Unfortunately, it's of no relevance whether the woman "signed for", "adopted" or took any legal process to acknowledge the child as her step child. The DV Lottery requires and clearly states that all unmarried children and step children under 21 must be included in one's application. This means the husband's children too, not with-standing the circumstances surrounding the child's birth. This is further clarified under Question 10 of the FAQ of the DV Lottery instructions "WHAT FAMILY MEMBERS MUST I INCLUDE ON MY E-DV ENTRY?" as follows:

You must list ALL your living children who are unmarried and under 21 years of age at the time of your initial E-DV entry, whether they are your natural children, your spouse’s children, or children you have formally adopted in accordance with the laws of your country, unless such child is already a U.S. citizen or Lawful Permanent Resident.

Even if this kid is included in the list of the kids she can not really take it with her ( the kid has another mother ).

Regardless of the fact that this kid currently lives with his/her mother and will not be travelling with the family is equally not an acceptable explanation for non-inclusion on the original application. Question 10 of the FAQ further states:

List all children under 21 years of age at the time of your electronic entry, even if they no longer reside with you or you do not intend for them to immigrate under the DV program.

The following link provides more information if you're interested:

http://travel.state.gov/pdf/DV_2013_instructions.pdf

Sad as it is, there is nothing unfair about this disqualification. The rules for playing the game are clearly explained. The issue this woman needs to address is what kind of relationship does she really have with her husband if indeed he never disclosed to her, prior to now, about the existence of his 10 year-old child while he's been married to her for over 25 years.

 

[GeorgeG]

I totally agree with you answer. This disqualification is probably not unfair.

I have read all of the instructions. If we are speaking about question 10. This may mean a lot of things. As I see here they said: natural(biological), adopted and the spouse`s children ( which actually can mean the kids that became your stepchildren after the marriage).

And why they require family status document from the government if this does not matter at all? What will happen if this kid is in her application form, her DS230 but this document says that she has only one kid?! Lets say not put the husband in here. Lets say that he will not immigrate so they can not see this kid from his DS230. So we have a married woman with two kids according her application form and DS230 but her family status document says that she has only one kid over 21. This will look like that she is lying and she wants to take another kid with her(despite the fact that his is impossible). Its discrepancy again. The discrepancy between the app form and family status government doc.

 

[Sm1smom]

You can interpret "spouse's children" any how you like. The initiator of this game provided the rules by which to play the game, and failure to do so results in denial.

What will happen if this kid is in her application form, her DS230 but this document says that she has only one kid?! Lets say not put the husband in here. Lets say that he will not immigrate so they can not see this kid from his DS230. So we have a married woman with two kids according her application form and DS230 but her family status document says that she has only one kid over 21. This will look like that she is lying and she wants to take another kid with her. Its discrepancy again

Well, that's one of the reasons selectees get to attend interviews to clear up ambiguities that may seem to appear on their original application forms, DS-230 and any other school/home-government documents they have or will be submitting. There is no discrepancy what so ever in my opinion. Selectees also get the opportunity of informing the IO that certain members of the family indicated on the form will not be accompanying them for whatever reasons they have.

These are some of the checks the US government is putting in place to guard against future immigration fraud. They insist on knowing all the members of one's family well in advance because there's nothing stopping a DV winner (once he/she becomes a US citizen) from claiming some previously undisclosed 'immediate family member' and filing for them.

 

[TheRealCanadian]

I totally agree with you answer. This disqualification is probably not unfair.

I would challenge it, especially if she had no knowledge of the child and can claim no wilfull fraud.

 

[GeorgeG]

They insist on knowing all the members of one's family well in advance because there's nothing stopping a DV winner (once he/she becomes a US citizen) from claiming some previously undisclosed 'immediate family member' and filing for them.

I understand that this is the reason. This case is complicated.

Not knowing that this kid exists in not a complain of course. But all those instructions and especially what is written in the application form itself is very tricky for a non native and even native English speaker.

Canadian guy - I will wait for a reply from the U.S Secretary Office.

Guys I am asking you this Q because the agent in the Embassy that worked over this case can not clearly explain to me - this is the reason and you can read it there.

 

[Ash 2013]

Hello dear members.

I have a really serious case and I am eager to get answers and clarifications as soon as possible.

I will try to explain to you the case in a very short and clear way:

The man and the woman have been married for more than 25 years, still living together and never divorced of course. They have a kid 23 years old. However the man has a lovechild that was born in 2002 and it is 10 years old. He was pushed to accept this kid and sign as his father.

What happens in this situation according to the U.S law? An accepted lovechild from the man without the woman even knowing about that. She never signed for, adopted or whatever this kid. For example if the man has 2 kids before the marriage after signing the wedding papers the woman accepts them as hers stepchildren.

As we all know the DV application form has a section number 14 according the kids. All biological, adopted and stepchildren should be included. However, even in the long DV instructions a problem like this one is not clearly explained. It is written about stepchildren situations when the parents are still married but not living together which is totally different thing.

All of this lead to disqualification of the woman for a visa. The reason - this kid not included in her application form. She is the holder of the green card. Beneficiary is just her husband ( the father of the lovechild ). She has never seen this kid. It is living with its mother.

Is this disqualification unfair? How can the lovechild become a stepchild of the woman when she has no connections at all with it and never signed for, adopted and etc. the kid.

Even if this kid is included in the list of the kids she can not really take it with her ( the kid has another mother ).

The government family status document says only one son( the 23 y old ) that is not beneficiary because he is over 21.

Thank you very much in advance!

sorry about that. However, it is not unfair because it is a fact. One does not need to have any relationship with the kid to make him or her a step kid. How did co know about step kid? Info from the applicant or spouse ofcourse. So the co is not to blame since instructions are in black and white.

 

[GeorgeG]

Yes instructions are in black and white but not stating this situation.

So the answer is simple - a love child, no connection at all, not adopted, not a kid that became a stepchild after signing wedding papers - just accept it as a stepkid anyway and fill it in the form?

Kentucky said that I should ask the Embassy itself for this issue but I already spoke with the lady. The problem is that I cant get a clear answer thats why I am writing here and I wrote to the Secretary office of U.S as well.

 

[NuvF]

Yes instructions are in black and white but not stating this situation.

So the answer is simple - a love child, no connection at all, not adopted, not a kid that became a stepchild after signing wedding papers - just accept it as a stepkid anyway and fill it in the form?

Kentucky said that I should ask the Embassy itself for this issue but I already spoke with the lady. The problem is that I cant get a clear answer thats why I am writing here and I wrote to the Secretary office of U.S as well.

The US-INA (Law) do not distinguish between a child & a 'love child', so to speak!! (btw, a CHILD is NOT an 'it' !!)

Anyways, from a practical pt of view...how did the problem came about?

The woman fills her eDV with just husband as derivative and wins.
She fills up the DS 230 with info of just her husband and her 23 yr old child.
But, without her knowledge, husband fills up his DS 230 with wife+child info PLUS his 'love child'?

Too bad, he may be getting a non stop earful as we read I guess!!

But if wife too knew about the child, that the child has a BC with her husband's name on it, but did not disclose it on her eDV as well as on DS 230 as stipulated, then there's no one to blame but 2 of them!! (how did the husband filled his eDV?, he may have disclosed properly I guess)

Best!

 

[fredi]

Hello dear members.

I have a really serious case and I am eager to get answers and clarifications as soon as possible.

I will try to explain to you the case in a very short and clear way:

The man and the woman have been married for more than 25 years, still living together and never divorced of course. They have a kid 23 years old. However the man has a lovechild that was born in 2002 and it is 10 years old. He was pushed to accept this kid and sign as his father.

What happens in this situation according to the U.S law? An accepted lovechild from the man without the woman even knowing about that. She never signed for, adopted or whatever this kid. For example if the man has 2 kids before the marriage after signing the wedding papers the woman accepts them as hers stepchildren.

As we all know the DV application form has a section number 14 according the kids. All biological, adopted and stepchildren should be included. However, even in the long DV instructions a problem like this one is not clearly explained. It is written about stepchildren situations when the parents are still married but not living together which is totally different thing.

All of this lead to disqualification of the woman for a visa. The reason - this kid not included in her application form. She is the holder of the green card. Beneficiary is just her husband ( the father of the lovechild ). She has never seen this kid. It is living with its mother.

Is this disqualification unfair? How can the lovechild become a stepchild of the woman when she has no connections at all with it and never signed for, adopted and etc. the kid.

Even if this kid is included in the list of the kids she can not really take it with her ( the kid has another mother ).

The government family status document says only one son( the 23 y old ) that is not beneficiary because he is over 21.

Thank you very much in advance!

Dear George,

I have similar situation. I could not list my stepson on the dv entry 2013 application because I lack a picture of him. Moreover I never ever had any contact with my stepchildren. In one word I do not know them at all. They never accepted our marriage and there is always a lack of communication. When I applied for dv lottery listing my stepson's name and not uploading his picture the sysytem would not allow me to go through. So I had no choice but to leave him out and complete the application. I was selected for dv lottery 2013;
These coming month my interveiw is going to be scheduled as I am informed from the KCC. But after I read your experienc I am hesitating to go further on.
Please let me know if it is worthy to go to interview, before I spent that huge amount of money to pay for application fee and other stuff.
I would appreciate a lot your suggestions.
The best,
fredi

 

[GeorgeG]

orespuG cheaper

Dear George,

I have similar situation. I could not list my stepson on the dv entry 2013 application because I lack a picture of him. Moreover I never ever had any contact with my stepchildren. In one word I do not know them at all. They never accepted our marriage and there is always a lack of communication. When I applied for dv lottery listing my stepson's name and not uploading his picture the sysytem would not allow me to go through. So I had no choice but to leave him out and complete the application. I was selected for dv lottery 2013;
These coming month my interveiw is going to be scheduled as I am informed from the KCC. But after I read your experienc I am hesitating to go further on.
Please let me know if it is worthy to go to interview, before I spent that huge amount of money to pay for application fee and other stuff.
I would appreciate a lot your suggestions.
The best,
fredi

Fredi, my question here was if a lovechild is actually a stepchild? What is your situation? In my situation my father has one more son that has nothing to do with me and my mother. My mother didnt list it and here we go - disqualification. I still can not accept this decision as right. At least they should have given a special attention to us. Not to let us pay this tax and after a minute say that there is a disq.

 

[Janisjohan81]

Good story !!

Hello dear members.

I have a really serious case and I am eager to get answers and clarifications as soon as possible.

I will try to explain to you the case in a very short and clear way:

The man and the woman have been married for more than 25 years, still living together and never divorced of course. They have a kid 23 years old. However the man has a lovechild that was born in 2002 and it is 10 years old. He was pushed to accept this kid and sign as his father.

What happens in this situation according to the U.S law? An accepted lovechild from the man without the woman even knowing about that. She never signed for, adopted or whatever this kid. For example if the man has 2 kids before the marriage after signing the wedding papers the woman accepts them as hers stepchildren.

As we all know the DV application form has a section number 14 according the kids. All biological, adopted and stepchildren should be included. However, even in the long DV instructions a problem like this one is not clearly explained. It is written about stepchildren situations when the parents are still married but not living together which is totally different thing.

All of this lead to disqualification of the woman for a visa. The reason - this kid not included in her application form. She is the holder of the green card. Beneficiary is just her husband ( the father of the lovechild ). She has never seen this kid. It is living with its mother.

Is this disqualification unfair? How can the lovechild become a stepchild of the woman when she has no connections at all with it and never signed for, adopted and etc. the kid.

Even if this kid is included in the list of the kids she can not really take it with her ( the kid has another mother ).

The government family status document says only one son( the 23 y old ) that is not beneficiary because he is over 21.

Thank you very much in advance!

Hello I read your story, Its too much stroy, I never read before time same type of story.. Thanks for sharing this post....

 

[fredi]

Fredi, my question here was if a lovechild is actually a stepchild? What is your situation? In my situation my father has one more son that has nothing to do with me and my mother. My mother didnt list it and here we go - disqualification. I still can not accept this decision as right. At least they should have given a special attention to us. Not to let us pay this tax and after a minute say that there is a disq.

Goeorge, he is my unkown stepson. I never ever met my stepchildren. I could not list my stepson in entry application bcs I did not have picture of him....So in the my DS 230 form I did not list him again but I listed in my husband ds 230 form.
But if you were disqualified for a lovechild than my chances to be disqualified are 100%

Was this the only reason they got you disqualified or there was other issues along...
I can not believe they disqualify people without giving a decent explanation

 

[krossmaina]

Help me on this one

Congratulations for all who hard a successful interview, wasee nisaidieni hapa. My cn is 2013AF000838**, My question is, when can I expect to receive my appointment letter or in other-wards interview inaweza kua lini. Wale wote wanaenda majuu mkumbuke kule mmetoka, usiende huko kulala.

 

[GeorgeG]

Unfortunately its totally a discrepancy... Consult with the embassy before going. Dont waste money. Is this son a lovechild like my family`s case or a stepson that existed before the marriage?

 

[Vichel]

Goeorge, he is my unkown stepson. I never ever met my stepchildren. I could not list my stepson in entry application bcs I did not have picture of him....So in the my DS 230 form I did not list him again but I listed in my husband ds 230 form.
But if you were disqualified for a lovechild than my chances to be disqualified are 100%

If I were you, I'd find a good immigration lawyer and ask them this question. It might cost you $500USD just to get an answer to this one question but it would be worth it, imo. How much will it cost you to go through with the interview and all the preparation and travel? Probably three times that, or more, depending on how many of you there are.

I don't know where you are from, but it seems to be a cultural thing. I've not heard the term "love child" in a long time. It's very old-fashioned, and I believe the law in many countries has dispensed with the whole illegitimacy/bastard thing when it comes to kids in the legal sense.

Good luck.

 

[Lazder]

If I were you, I'd find a good immigration lawyer and ask them this question. It might cost you $500USD just to get an answer to this one question but it would be worth it, imo. How much will it cost you to go through with the interview and all the preparation and travel? Probably three times that, or more, depending on how many of you there are.

I don't know where you are from, but it seems to be a cultural thing. I've not heard the term "love child" in a long time. It's very old-fashioned, and I believe the law in many countries has dispensed with the whole illegitimacy/bastard thing when it comes to kids in the legal sense.

Good luck.

I agree with the idea to ask a lawyer, it might be much more financially viable than paying for loterry process and getting rejected.

 

[fredi]

Unfortunately its totally a discrepancy... Consult with the embassy before going. Dont waste money. Is this son a lovechild like my family`s case or a stepson that existed before the marriage?

No, he is my stepson. When I married my husband he already had two children from his previous marriage. He is not a lovechild.

thats why I am saying if they rejected your case bcs of a lovechild than what about my case, when he is legally my stepson. I began to understand that they do not care about circumstances.

 

[fredi]

If I were you, I'd find a good immigration lawyer and ask them this question. It might cost you $500USD just to get an answer to this one question but it would be worth it, imo. How much will it cost you to go through with the interview and all the preparation and travel? Probably three times that, or more, depending on how many of you there are.

I don't know where you are from, but it seems to be a cultural thing. I've not heard the term "love child" in a long time. It's very old-fashioned, and I believe the law in many countries has dispensed with the whole illegitimacy/bastard thing when it comes to kids in the legal sense.

Good luck.

It would cost us $330 for application fee and plus $100 for medical and polic record. We are two my husband and me.
In my case there is no lovechild involved. It is my stepchild....

can I contact an immigration lawyer online...

 

[Vichel]

It would cost us $330 for application fee and plus $100 for medical and polic record. We are two my husband and me.
In my case there is no lovechild involved. It is my stepchild....

can I contact an immigration lawyer online...

Wow, that's pretty cheap for your medical and police records. Our medical exams will be $275 each, plus $60 for the two vaccinations we need. Nothing will be covered by our public health system. The fingerprinting and police check applications were almost $300 for the two of us. You're getting a great deal there.

Lawyers prefer telephone consultations and I would prefer that myself, so you can discuss the situation in detail. Look for someone local in your area.