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Married but stated and wife not travelling with me

A

AMERICAWAIT

New Member
Married but entered single

I applied for DV 2011 and did not add my wife and kids. Now I have won and don't know what to do. Is there a way out?
Anyway my wife and Kids wouldn't have travelled with me even if I had added their names because I cannot afford moving the whole family to the US.
 
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Congratulations on receiving your NL..

First off, are you legally married with a registered marriage certificate?
If the answer to this is yes, then you have a problem. When you fill out the forms (DS230 etc) to return to KCC, you will have to state your marital status, your wife's name and DOB and your kids' names and DOBs and remember also that in your interview you will have to swear before the consular officer that every information on that form is the truth.

Scenario 1: you leave off your wife and kids' info and go for the interview and swear that you have no wife and kids. You may get the visa but 5 years in the future you will want to file for them to join you, what will happen when they realize that you were lying on your initial application?

Scenario 2: you fill out the forms truthfully including your wife and children in your application. Chances are very high that you will be disqualified because you have now included persons in your case who were present but not included in your initial DV entry.

Scenario 3: You are not legally married so you have no wife in the true sense of the word, OK... but you have the children and you did not include them in your DV entry. According to the rules you should be disqualified for not including your children.

I make no assumptions about your case, just wanted to lay out the facts as I understand them so you can make a decision for yourself.
Good Luck my friend...
 
Good Luck! Filling out the entry form in a dishonest way can harm you in the future....you must have had a reason for doing so.

If you can't afford for the entire family to make the move, you must have thought to leave your family (wife and kids behind)....very sad thought....specially i don't read any where that you weren't making any money or were in a country that you were not safe....

i would be very upset if my partner would do the same to me...or my dad...!
 
bentlebee said:
Good Luck! Filling out the entry form in a dishonest way can harm you in the future....you must have had a reason for doing so.

If you can't afford for the entire family to make the move, you must have thought to leave your family (wife and kids behind)....very sad thought....specially i don't read any where that you weren't making any money or were in a country that you were not safe....

i would be very upset if my partner would do the same to me...or my dad...!
Click to expand...

Thank you Bentlebee for your contribution. Looking at your friends CN you live in Europe hence things are a little bit different over there. With my family size, I would have have to cough close to 18000 US dollars to complete everything. The person I have chosen as my sponsor is struggling to even agree to send me the AOS form. Living in Africa is hard to come by that kind of money. Not everybody who wins the DV lottery especially in Africa has that kind of money. I know a lot of friends who abandon further processing because they couldn't afford the cost for themselves.
 
AMERICAWAIT said:
I applied for DV 2011 and did not add my wife and kids. Now I have won and don't know what to do. Is there a way out?
Anyway my wife and Kids wouldn't have travelled with me even if I had added their names because I cannot afford moving the whole family to the US.
Click to expand...

The relevant provision in the DV-2011 instructions is as follows:

On your entry you must list your spouse (husband or wife) and all unmarried children under 21 years of age, with the exception of children who are already U.S. citizens or Lawful Permanent Residents. You must list your spouse even if you are currently separated from him/her, unless you are legally separated (i.e., there is a written agreement recognized by a court or a court order). If you are legally separated or divorced, you do not need to list your former spouse. You must list ALL your children who are unmarried and under 21 years of age at the time of your initial E-DV entry, whether they are your natural children, your spouse’s children, or children you have formally adopted in accordance with the laws of your country, unless such child is already a U.S. citizen or Lawful Permanent Resident. List all children under 21 years of age at the time of your electronic entry, even if they no longer reside with you or you do not intend for them to immigrate under the DV program. The fact that you have listed family members on your entry does not mean that they must travel with you. They may choose to remain behind. However, if you include an eligible dependent on your visa application forms that you failed to include on your original entry, your case will be disqualified. This only applies to those who were family members at the time the original application was submitted, not those acquired at a later date. Your spouse may still submit a separate entry, even though he or she is listed on your entry, as long as both entries include details on all dependents in your family.

As stated in another thread, you better go alone and hope and pray that 5 years down the line, you will be able to look for the services of a good immigation lawyer to fight your case.
 
I live in the US for over 10 yrs now...but I'm from Europe but didn't come here on a GC from the DV lottery....I had to spent a lot of money for visa's...

I understand that not everybody can afford it, but the rules to win are very clear.

Enter the DV lottery by filling the form out in a honest way! That doesn't matter if you live in Africa, USA, Europe or on the Moon!

Next you have to be eligible....due to education or job requirement.

Next the fees are very clear and if you can't afford it than either you need someone else to help you or start saving money by taking an additional job, etc...

Not everybody chooses to have children so you can't blame others or your kids for being there and now making you pay more....pleasure comes with a prize.:)

If you or any one entering the DV lottery are able to pay for everything and have filled everything out in a honest way...USCIS or CP will decide if they think you won't become a liability to the US society.

If you can't provide for your family in the US you will denied in the end!
 
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