Does spouse/children HAVE TO immigrate with you?

[egypt.w&z 1]

Hi everyone, this may sound like a stupid question, but I want to clear up my concern, so any help would be very appreciated!!

If someone is applying for the DV lottery and is married with children, but does NOT WANT to include them because they will be staying behind, is this allowed? I would think so, but I want to be sure.

I only ask, because the State Dept's instructions include the following statement:

If you were married or had children prior to entering the DV program, and you failed to include your family members on your original entry, your case will be disqualified. Neither you nor your family members will receive visas. Your fees will not be refunded.

I assume they are saying this because most people want their spouse and children to join them and get visas.

But if one does not wish to have their family members join them, and they are left off of the application for that reason, does this disqualify the primary applicant?

Maybe I'm over-thinking what they are saying, hopefully!

Thanks and best wishes everyone!

[EmilyW 1,434]

My understanding is that they have to be included on the original application, regardless of whether they intend to immigrate.

In the DS260, there is a section where you are asked if they intend to immigrate and you can pick 'no'. I suspect, although am not sure to be honest, that you would not fill in the DS260 for the child/ren that won't immigrate with you.

If you left them off the original application, then it's pretty clear in the rules that you are disqualified.

Edited June 7, 2014 by EmilyW

[egypt.w&z 1]

Ok, thank you so much for pointing that out, I should have looked over the DS260!

[egypt.w&z 1]

You are right, EmilyW, there is a question under spouse and children to check yes/no if they will immigrate with you, thanks again

[Buckyball 22]

It doesn't matter if the join the primary applicant later but not including them in the original eDV form will disqualifiy the case.

[egypt.w&z 1]

Thank you for all the helpful information..........one more question about this.........I see on the DS260 under the spouse and children sections, there are boxes to check yes/no whether or not the spouse and children will immigrate with you now, or at a later date.

If the answer is "no" to both (not immigrating now or later), they should not have to appear at the interview with the principal applicant, correct? (since they are not requesting visas)

thanks again for the help on these basic questions!!

[SusieQQQ 11,586]

Correct.