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2011 Visa Lottery-Seperated from Spouse

I

ICGreen

Registered Users (C)
Hi all,
I have an aunt who wants to apply for the 2011 visa lottery.She is seperated from the husband and has 3 kids,all under 21 years.Although they are seperated,they are not legally seperated or divorced.
-Now she wants to enter the 2011 lottery with her kids (not including the husband)but the problem is,if she says she is seperated on the application form,will they eventually ask her for divorce papers or legal seperation documents when she gets selected?
-Will it be a problem with the children, (since they are not legally seperated) will they ask if she has custody of the kids since she is trying to take them with her?

Please give me your advice on this as she has to apply as soon as possible.

Thank you all.
 
I guess there could be an issue later on. Nobody can take their kids abroad without approval of their spouse. The USA for sure doesn't want to end up being liable for allowing a mother and kids in the USA without the fathers approval.

When she wins and her husband doesn't show up, she can be denied since he has the same rights and she needs to have proof of separation and custody over the kids.

If she wins and would leave and the father doesn't want his kids to leave the country, the mom is bsically kidnapping the kids..which is a crime and common sense would be that this is a huge red flag.

But on the other hand I'm not a lawyer....just used my common sense and placed myself in her and his situation.
 
If you go to the application form it asks for current Marital Status and the choices are: Unmarried, Married, Divorced, Widowed, Legally Separated.

And there's an explanation about the last one: "Legal separation means that a court has formally declared that you and your spouse are legally separated. Legal separation means that your spouse would not be eligible to immigrate as your derivative."

In your friend's case they are not legally separated. I'd say they are still considered Married, in the legal sense. She should get her legal status squared away first as the Americans would probably like to know exactly what they are dealing with.

If she intends to legally separate and fills in the Visa application saying she's Legally Separated, gets picked and at the interview they notice that the court papers came after the application .... what could happen? Maybe nothing, maybe rejection (after spending all that money).

This Diversity Visa is not something I would apply for unless I could tick all the boxes with confidence and knowledge that nothing could be questioned or have doubt cast on it.
 
Vichel said:
If you go to the application form it asks for current Marital Status and the choices are: Unmarried, Married, Divorced, Widowed, Legally Separated.

And there's an explanation about the last one: "Legal separation means that a court has formally declared that you and your spouse are legally separated. Legal separation means that your spouse would not be eligible to immigrate as your derivative."

In your friend's case they are not legally separated. I'd say they are still considered Married, in the legal sense. She should get her legal status squared away first as the Americans would probably like to know exactly what they are dealing with.

If she intends to legally separate and fills in the Visa application saying she's Legally Separated, gets picked and at the interview they notice that the court papers came after the application .... what could happen? Maybe nothing, maybe rejection (after spending all that money).

This Diversity Visa is not something I would apply for unless I could tick all the boxes with confidence and knowledge that nothing could be questioned or have doubt cast on it.
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You explained it very well....the applicant can get a "red flag" if she is chosen, and once you have a red flag, you might have more difficulties if you enter later on. I would suggest the same, first start legal action and than enter.
 
She states married on the form.
Situation with kid's visas is the following.
The consular officer could suspect they are abandoning their father. In that case the consul cotacts legal authorities to lift the kid's passports. If the passport is not lifted withing reasonable time, they will get the visa
 
raevsky said:
She states married on the form.
Situation with kid's visas is the following.
The consular officer could suspect they are abandoning their father. In that case the consul cotacts legal authorities to lift the kid's passports. If the passport is not lifted withing reasonable time, they will get the visa
Click to expand...

What if her husband doesn't shows up for the interview, that might be a huge red flag...and what if the kids (depends how old they are..) are asked a question about their father...
 
I'm assuming that they're not planning to be on "separated" status for good. Therefore, what I could advise is that she applies as married and try to get the husband get a photo and apply as a married couple. There's two directions from separation; either reconcile or divorce. Therefore, while on the waiting period, she should fight for either permanent status with the current spouse be expedited - either get a divorce or reconcile. If she wins, then she would have to send the forms to KCC and there she could update her status. It shouldn't be difficult - the only difficult part would be to get the husband's photo taken for DV now.
 
Shihabmh said:
I'm assuming that they're not planning to be on "separated" status for good. Therefore, what I could advise is that she applies as married and try to get the husband get a photo and apply as a married couple. There's two directions from separation; either reconcile or divorce. Therefore, while on the waiting period, she should fight for either permanent status with the current spouse be expedited - either get a divorce or reconcile. If she wins, then she would have to send the forms to KCC and there she could update her status. It shouldn't be difficult - the only difficult part would be to get the husband's photo taken for DV now.
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I guess i'll have to find out from her how quick she can get the legal seperation document or divorce papers,because it all depends on the husband if he is willing to sign.....

But it sounds like a good idea.....thanks alot.
 
ICGreen said:
I guess i'll have to find out from her how quick she can get the legal seperation document or divorce papers,because it all depends on the husband if he is willing to sign.....

But it sounds like a good idea.....thanks alot.
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Remember kids are involved who have a mother and a father....it isn't a joke to take kids from either parent and move thousands of miles away....sounds a little selfish to me....specially if it is done without the father knowing about the mothers plan.
 
bentlebee said:
Remember kids are involved who have a mother and a father....it isn't a joke to take kids from either parent and move thousands of miles away....sounds a little selfish to me....specially if it is done without the father knowing about the mothers plan.
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No bentlebee,she is not planning to run away with the kids,the father has never been in the kids life,she was just concerned that if she tries to get the divorce papers before applying for the lottery,the husband might delay signing the papers just to fix her (punish her) as he's always been like that with other things in the past.He has no interest whatsoever in the kids and he has made that clear,its just that everytime she tries to do something good for herself and the kids,he's always in the way because he does not want to see her succeed in anything,its just the way he is.
 
If it is like you describe than she should file as soon as possible for an official divorce/separation and fill out "married" at her entry...at the time of the interview she can show proof of her finalized divorce since I don't think it will take a year to get divorced. If she enters now and files next week...even if she wins immediately (very lucky shot) she won't hear before May next year and the interview won't be before Oct...so most likely she has more than 1 year and 3 months...to get it over with.
 
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