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Thread: Missed to include children

  1. #1
    Hi dear folks,

    I am trying to help out a friend of mine who just got a notification from Dept of State (?) that his application has been randomly chose for DV-2005. While applying for it, the pricipal applicant included her spouse name only. She has two kids they are below 5 years of age. She now has to send in several forms to the Dept of State. Can she include her children name now? How likely is it that they all (four) can come to the United States together? Her case number is quite low below 2000AS.

    I am willing to sponsor them. I was told some friends that once I sponsor them now, I may not be able to sponsor others for certain amount of time. Is it ture? Has the law been changed? How long will I be liable for them?

    Awaiting your suggestions!

  2. #2
    Hi dear folks,

    I am trying to help out a friend of mine who just got a notification from Dept of State (?) that his application has been randomly chose for DV-2005. While applying for it, the pricipal applicant included her spouse name only. She has two kids they are below 5 years of age. She now has to send in several forms to the Dept of State. Can she include her children name now? How likely is it that they all (four) can come to the United States together? Her case number is quite low below 2000AS.

    I am willing to sponsor them. I was told some friends that once I sponsor them now, I may not be able to sponsor others for certain amount of time. Is it ture? Has the law been changed? How long will I be liable for them?

    Awaiting your suggestions!

  3. #3
    Go to this site from the Department of State that discussed this issue. Unfortunately you friend will not be able to include the chidlren in the visa application if he failed to include them in his entry.
    http://travel.state.gov/dv2005.html
    11. WHAT FAMILY MEMBERS MUST I INCLUDE ON MY DV ENTRY?

    On your entry you must list your spouse, that is husband or wife, and all unmarried children under 21 years of age, with the exception of a child who is already a U.S. citizen or a Legal Permanent Resident. You must list your spouse even if you are currently separated from him/her. However, if you are legally divorced, you do not need to list your former spouse. For customary marriages, the important date is the date of the original marriage ceremony, not the date on which the marriage is registered. You must list ALL your children who are unmarried and under 21 years of age, whether they are your natural children, your spouse's children by a previous marriage, or children you have formally adopted in accordance with the laws of your country, unless a child is already a U.S. citizen or Legal Permanent Resident. List all children under 21 years of age 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 later 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 persons who were dependents 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. See question 10 above.
    Once he becomes LPR, he can then file for an I-130 for each child. Very sad. I don't understand how he could just forget to include them. Good luck!

  4. #4
    Passingby, thanks for your posting here. I know its pretty sad she failed to include her kids name on the entry form. Now, the question further arises whether it is safe to mention their kids names on the forms that she is preparing now to send them to Dept of State. Do you think she should hold off for now and sponsor them after being a permanent resident?

  5. #5
    best way is to endorsed the child on mothers passport and go for DV visa. may work.
    Its a discussion, not a legal advise..

  6. #6
    I think if they explain the situation in person at the time of interview, the officer may admit the kids.
    Otherwise getthe green card first and then file for kids green card.

  7. #7
    Mohan,

    You mean, include kids on the application now? Or, wait till she becomes Permanent Resident? Yes, kids names can be endorsed on her passport. But the confusion is whether to include their names on the forms that she will be sending to Dept of State. Can you please suggest further?

  8. #8
    yes include the name on application attach birth certificate showing both parents names.
    on visa interview , explain that child is on the mothers passport and have not seperate passport.
    Its a discussion, not a legal advise..

  9. #9
    Thanks Mohan, Passingby, and US05!!

    Please share your experience if anyone reading this post may have gone through or know more about such situation and how it was handled. It will be a great help, folks.

  10. #10
    Anyone out there with some more info?

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