Only some family members want the Green Card

[eltham]

My wife won the lottery and the whole family, wife, myself, and two teenage daughters, are now eligible for the Green Card. Since only my wife and my 16yo daughter want the Green Card, is it OK for only those two to complete processing with a medical and an interview? If myself and my other daughter drop out of the Green Card lottery process will that adversely affect my wife and daughter getting the Green Card? I run a business in Australia and it will be too difficult for me to sell everything and change countries.
Thanks

 

[Sm1smom]

That shouldn't be a problem, although I expect the CO to ask your wife how come you're not processing since you're both still married. Of course she can always say the plan is for you and your daughter to join the rest of the family at a later date. She also has to make sure she indicates on her DS-230 form who will be processing and going to the US with her now and who will be joining later.

 

[TheRealCanadian]

For the lottery, once the fiscal year is over it is impossible for the spouse and children to enter the US without being sponsored under FB2.

 

[SusieQQQ]

As long as your wife is the winner, yes that is doable. As sm1smom said it may raise questions at interview, particularly about whether the family members who do get GCs will actually take up/maintain residence, but some people not pursuing GCs won't affect the eligibility of the family members who want them.

For the lottery, once the fiscal year is over it is impossible for the spouse and children to enter the US without being sponsored under FB2.

Just to clarify, you do not have to enter by the end of the FY, but the visas must have been issued by then. Of course the visas have maximum 6-month validity so depending when the visas are issued that 6 months may actually be up before the end of the FY. However you can get a visa issued on 30 September and still have 6 months to enter even though that entry takes place after FY end.

 

[Britsimon]

Think about this carefully. It sounds like you own a business ( you say run) so the tax issues for yourself and your wife could get very complicated assuming you stay married. Your wifes tax position may be considered joint with you in one, or another or both countries. As a US LPR she will report income worldwide and if she draws any income from a foreign business the US taxman will be on guard about that.

As mentioned above, this will only work if your wife is the selectee and she is able to qualify in her own right.

 

[SusieQQQ]

US allows you to choose to file joint or separately if married. No idea about Australia.

 

[KaiaUG]

That shouldn't be a problem, although I expect the CO to ask your wife how come you're not processing since you're both still married. Of course she can always say the plan is for you and your daughter to join the rest of the family at a later date. She also has to make sure she indicates on her DS-230 form who will be processing and going to the US with her now and who will be joining later.

Hi good people!
Maybe I should use this chance to ask this: What does the statement 'Joining at a later date' as opposed to 'those going with the principal applicant now' mean? Does it mean that those who are staying are not subject to the 6 months visa; and therefore, the Principal applicant has to petition for them under family visas? That's something that I have not understood. Can someone clarify on this please?

 

[SusieQQQ]

Hi good people!
Maybe I should use this chance to ask this: What does the statement 'Joining at a later date' as opposed to 'those going with the principal applicant now' mean? Does it mean that those who are staying are not subject to the 6 months visa; and therefore, the Principal applicant has to petition for them under family visas? That's something that I have not understood. Can someone clarify on this please?

There are two options, from what I understand. The one is as you describe above, where the family members simply would not pursue the DV application at the same time as the principal. The other is "follow to join", where the family members do not go immediately with the principal but aim to follow relatively soon, in which case they will still get DV visas but a bit later; however to use this, these visas like all other DV ones have to be issued by the end of the FY. I'm not that familiar with this process but a couple of people have posted that this is a complicated process (though it doesn't sound like it should be). May be a dangerous strategy too in a year where visa numbers may run out as they will not "hold" visa places for people - you are only certain of your visa once it's printed and in your passport.

Waiting to petition for your family as an LPR may take some time. There is particularly a problem if the children are older or get married during the wait, as the priority dates for children over 21 take years to get current, and an LPR cannot petition a married child at all. The F2A wait is not that long at the moment but I understand there have been times in the past it has been much longer, so one cannot necessarily rely on that either.

Obviously, all the above are only options if you have listed all your dependents on your entry form and DS forms.

 

[Britsimon]

US allows you to choose to file joint or separately if married. No idea about Australia.

Yes agreed, but it isn't so much the filing that I think could raise an issue, it is the way they may (potentially) be receiving income/profits from the business currently and how they plan to do that in the future. Receiving an income from a business that you are not employed by is enough to get Uncle Sam interested. So whereas previously a husband and wife may have split income from a business into two lower incomes, that position would need to change. There are a million possibilities - all I am saying is the OP should be aware that a simple plan may have unintended impact.

By the way, I'm avoiding the family separation issues, but if a family break up is not what you intend, then why not all get the GCs and then travel back and forth for a couple of years. That is complex too, but seems to me to be a better way to hedge bets than not getting the GC now....

 

[SusieQQQ]

Yes agreed, but it isn't so much the filing that I think could raise an issue, it is the way they may (potentially) be receiving income/profits from the business currently and how they plan to do that in the future. Receiving an income from a business that you are not employed by is enough to get Uncle Sam interested. So whereas previously a husband and wife may have split income from a business into two lower incomes, that position would need to change. There are a million possibilities - all I am saying is the OP should be aware that a simple plan may have unintended impact.

By the way, I'm avoiding the family separation issues, but if a family break up is not what you intend, then why not all get the GCs and then travel back and forth for a couple of years. That is complex too, but seems to me to be a better way to hedge bets than not getting the GC now....

re receiving income, well if it is direct from the company and she is not employed by them that is more a home country tax issue re how it is being expensed ...'maintenance' direct from husband shouldn't be an issue for the IRS?

I'm still trying to figure out how much in practice you can travel back and forth before you need to properly settle. One of the people we stayed with on our recent trip told us her sister has kept her green card by visiting every 6 months... FOR 20 YEARS!!! Most others will tell you that's a huge flag to CBP and grounds for revocation.