Denial at interview because kids were not with me...

[bluecheese]

This is quite baffling becuase the CO shouldn't have been expecting to see the kids in that case. The kids shouldn't have been listed on the IL in the first place.

And I'm assuming you indicated something like "None" on both 31a and 31b? If you did, the kids names shouldn't even have been listed as derivatives on your IL letter to start with. If you left those sections blank, my guess is KCC might have assumed you intended for the kids to immigrate with you hence their being listed on the IL.

I left both 31a and 31b blank, which is not even a lie I really had no intention to bring them until everything is settled, which is really (eventually) in the future!

 

[bluecheese]

This sounds more like it. KCC made the mistake and the OP is paying for it.

Interesting thought...

 

[Allush]

getting a divorce

Hi Simon & friends;

Can any of you guys please help with your insight about the issue of getting a divorce after not listing a step childe in the first entry while she was listed only by her father (my husband) in the forms that were submitted to KCC after my selection as a DV lottery winner?
I mean do you think that the divorce will make a difference in the outcome of the case?
Many thanks.

 

[Sm1smom]

I left both 31a and 31b blank, which is not even a lie I really had no intention to bring them until everything is settled, which is really (eventually) in the future!

Oh shoot! This probably is the root of the problem to start with. If you had indicated either "NONE" or "N/A" on both 31 A and B, that would have clearly communicated the fact that you had no intention of them going to the US with you for now. Leaving both sections blank is an unfortunate mistake that I think came back to haunt you

This sounds more like it. KCC made the mistake and the OP is paying for it.

Unfortunately yes! KCC in their attempt to "assist" the OP by clarifying his plans/intention complicated things for him.

 

[Britsimon]

Hi Simon & friends;

Can any of you guys please help with your insight about the issue of getting a divorce after not listing a step childe in the first entry while she was listed only by her father (my husband) in the forms that were submitted to KCC after my selection as a DV lottery winner?
I mean do you think that the divorce will make a difference in the outcome of the case?
Many thanks.

A divorce dated tomorrow would not change the mistake that you have already asked about. At the time of your original entry and then the submission of the forms you were married and had step children. A divorce now would not help your case because the eDV and initial forms reveal the mistake you made, and it will give the impression of having some fraudulent intent. Again, I am sorry.

 

[Sm1smom]

Hi Simon & friends;

Can any of you guys please help with your insight about the issue of getting a divorce after not listing a step childe in the first entry while she was listed only by her father (my husband) in the forms that were submitted to KCC after my selection as a DV lottery winner?
I mean do you think that the divorce will make a difference in the outcome of the case?
Many thanks.

So are you now legally divorced from your husband who had his child listed on the form he sent back to KCC as your derivative, while you did not list this child on your initial eDV application and subsequent DS-230 form?

http://forums.immigration.com/showthread.php?557093-DV-2014-Lottery-High-number-or-not-Please-help/page19&p=2674332#post2674332

If yes, I still don't see how they will not associate this child with you just because you're no longer married to the father.

 

[SusieQQQ]

If initial entry was the entry to the lottery, i honestly do not remember.

But if there is a difference between the lottery form and the DS230, would they really make you go through all the process (medical, interview) to give you another reason for denial?

KCC does not have authority to decide on cases, all they do is send the forms on to the embassy once you have filled them in. If they see a problem they flag it but they cannot make the decision not to proceed - that is the CO's decision.

I think having no custody definitively is safer than battling for custody.

The OP implied when he settles in the US he might bring over the kids. They don't like situations like this. They don't want an LPR or citizen pushing them to get them their children immediately and accusing the US government of "separating the parent from their children by not granting them GCs immediately."

They don't want that hassle. The easier route is to deny the person before he becomes entitled to any "rights."

Had the OP said definitively that he does not intend to bring children over and had not implied that there was a custody battle going on, he would be in a better position.

It's just like a student applying for F-1 and implying at the interview "if things go all right I might stay permanently. Now, I'm just saying IF!" Nu uh! That ain't work.

They may not "like" it but it's not valid grounds to refuse a DV visa. Despite what the OP reports the CO said, I think the reason for refusal was a discrepancy between the information reported on the entry form and that on the DS forms, most likely to do with the date of separation from his wife.

Just as an aside, I think a CO would be more suspicious of someone who claimed they were never going to try bring their kids over at any future stage, because most parents don't just abandon their kids forever.

 

[SusieQQQ]

Hi Simon & friends;

Can any of you guys please help with your insight about the issue of getting a divorce after not listing a step childe in the first entry while she was listed only by her father (my husband) in the forms that were submitted to KCC after my selection as a DV lottery winner?
I mean do you think that the divorce will make a difference in the outcome of the case?
Many thanks.

Agree with the others. The divorce will not make a difference if there was a problem with the initial form.