I am DV 2024 Winner. I did not ad my stepchildren in my DV Lottery? Could refuse my visa?

[deeplop kmd]

Respected Peoples,
I have serious case, please suggest me!

I am dv 2024 Winner. My interview coming few weeks. I filled detail in dv lottery me, my wife and my son. I filed out ds 260 form with my family details and interview with in 20 days.
My wife had previous spouse. but they divorced. they have children from their marriage. they did not register marriage certificate, but they are divorced. child living with her father since 12 years to till now.

what about my case?
what should i do in ds 260 form?
could my visa refused?

thank you in advance!.

 

[SusieQQQ]

Are the stepchildren under 21? If so yes it’s a problem. I am aware of cases where visas have been refused for this. It explicitly says in the rules to include them in the entry form (because under US immigration law stepchildren have the same benefits as biological children).

 

[Sm1smom]

Yes, if the step-child is under 21, per the DV instructions, should be disqualified and subsequently denied for failure to include an eligible child on your entry form. However, I have to say stranger things have happened. A DV-2023 selectee did not include their 20+ daughter on their entry submission. I was convinced that selectee was going to end up being disqualified when they showed up for their interview. Interestingly though, that person was approved with the rest of their family, the only case that got denied was the daughter that was not listed on the entry submission. See link to the post/thread below to read more about this case. So I guess, it’s your call as to if you should proceed with the interview or not, is what I would say at this point.

Mistake While Adding A Child

 

[SusieQQQ]

That is indeed strange/lucky. Was there any indication of what consulate that was?

i know (personally knew) someone who was denied for not including stepchildren, and there was a case here or maybe another forum some time back of denial for not including an ex-spouse’s children (the rules explicitly say to do so).

Indeed, the poster may decide to take the chance if they are ok with risking losing the fees if the outcome is unsuccessful.

 

[Sm1smom]

I have no idea which consulate it was at. Both Simon and I were 100% certain OP was going to be denied, but they somehow managed to get approved ‍

 

[SusieQQQ]

I have no idea which consulate it was at. Both Simon and I were 100% certain OP was going to be denied, but they somehow managed to get approved ‍

Yeah, from the way they described the case and the date of the post the daughter would have aged out anyway, so maybe that was somehow a factor even if it was supposed to be age at entry.

 

[deeplop kmd]

But, they children’s (my wife’s previous marriage children) are not living with my wife. Child living with her father. Child custody have her father.

 

[SusieQQQ]

But, they children’s (my wife’s previous marriage children) are not living with my wife. Child living with her father. Child custody have her father.

It doesn’t matter. It explicitly says in the instructions to list them even if they don’t live with you and don’t intend to immigrate with you.

 

[deeplop kmd]

Thank you for your valuable answer. But child was married in aged of 16. So i didnot enter their details in dv lottery. And we don’t have their marriage certificate.
how i present in interview?

 

[SusieQQQ]

Thank you for your valuable answer. But child was married in aged of 16. So i didnot enter their details in dv lottery. And we don’t have their marriage certificate.
how i present in interview?

Well that’s convenient, because you don’t need to list married children. How strange that you didn’t think to mention that before, and curious that the father has custody of a married child though.
I don’t know how you will do it if you don’t have documentation, the officer will tell you what s/he needs.

i would just remind you that anything you say to the officer in the interview must be true, and you can get a ban from the US for lying in a visa interview.