If you have read my reply to Sunnysunny2011 and care to check "www.state.gov/documents/organization/87838.pdf".. I guess the CO is going with 9 FAM 42.33 N9.1 "Valid entry of participation". But is excluding a member of the household = to invalid entry? I think Lawyers should be able to interpret this because all this law thing is Gibberish to me.
a. Applicants must include on their initial entry their spouse and all natural children, as well as legally-adopted children and stepchildren, who are unmarried and under the age of 21 as of the date of the initial entry.
b. By regulation, applicants are not required to include spouses and children who are already U.S. citizens or Legal Permanent Residents (LPRs) on the registration. Applicants are nevertheless instructed to include all such family members in their registration, to ensure that all family members may qualify for visas in the event they do not have LPR or U.S. citizen status. However, a failure to include on the registration spouses and children who are in fact U.S. citizens or Legal Permanent Residents (LPRs) cannot be used as grounds for denial.
c. You must deny the applications of registrants who list on their Form DS-230, Application for Immigrant Visa and Alien Registration, or their Form DS-260, Online Application for Immigrant Visa and Alien Registration, a spouse or child who was not included in their initial entry, unless such spouse or child was acquired subsequent to submission of qualifying DV entry. The spouse of a principal alien, if acquired after registration, and prior to the principal alien’s admission, or the child of a principal alien, if the child was born after registration or is the issue of a marriage which took place after registration and prior to the principal alien’s admission to the United States, although not named on an application, is entitled to derivative DV status.
Last edited by a moderator: