Urgent for Thuo
Dear Thuo,
Welcome to the forum, though i'm thinking yo have joined very late for it to be of much use. I hate to be the bearer of bad news on this one but seeing as we're talking about a lot of money here (819dollars times 6people = Ksh.398,000), i'll give you my opinion, based on the entry rules for the DV lottery.
I think that Wanjeri is wrong and you have a lot to be worried about. The DV rules are VERY CLEAR that you must enter the information as it is on the day of application. The only exceptions are for:
1. Those who get married after entering the lottery (and can prove genuineness of the marriage based on prior knowledge of the "new" spouse which can be evidenced)
2. Those who get children AFTER entering the lottery
3. Those who were customarily married, but did not have a legal document to prove it and thus their legal documentation is dated later than the DV entering date. e.g have been married for 10 years, but get marriage certificate in 2011 to prove to embassy that they are married. However in such a case, the spouse should have been entered since one was married as at the time of application.
This means you have a big problem on a couple of issues:
1. Your 4 children were definitely not all born since DV entry so the only ones who might be/have been able to accompany you would have been those born after Oct/Nov 2009
2. You definitely were married at the time of application, as evidenced by the kids. However, you chose not to enter your wife for the lottery (even though your reasons for this are understandable). This means you entered incorrect details.
3. Your interview date is very close which means your file has already been forwarded from KCC to the Nairobi embassy. This means it's not possible to update your DS forms (unless maybe you can fill in a new one and scan and send it to the Nairobi embassy and say you wish to correct the details on the form)
Now, is there a light at the end of this tunnel? I really don't know coz it's down to the CO but i'll let you know the most possible outcome if you all go for the interview in order of likely occurrence:
1. You ALL, not just the family, but you ALL get denied the greencard.
2. You get put on administrative processing and they'll call you later and say you've been denied.
My suggestions:
OPTION 1: I really think you should ask for an interview postponement and seek the advice of an immigration lawyer or professional, e.g the guy who hosts this forum (Rajiv) or any other immigration lawyer you can. However, if you decide to go ahead as things are, I really think you're looking at a denial.
OPTION 2: Update your DS forms to include only you and any kids born after your date of entry. You can then come back for the rest of the family once you are settled in. This will be very hard coz i'm sure any such kids will be young, and it may tear the family apart.
OPTION 3: Update your DS forms back to single and then come back for the rest of the family in 5 years.
OPTION 4: Ignore all I have said above and just go ahead with the interview and hope for the best.
None of these decisions will be easy because they will either cost you in time or money. Also, if you decide to remove your dependents, any money you have paid for medicals etc will be considered wasted. The CO's are bound by rules which they must follow TO THE LETTER and I fear you may be a victim of these rules.
I now defer to the rest of the forumites for other opinions. Also, ask Ammeck09 this question, he has a wealth of experience.