DS 260

[mohd88858 0]

Dear all,

I have been selected for DV 2015, my interview is expected to be in mid 2015. I am planning to apply for GC on my own. My question: is it only me who will fill the form DS 260, or all my family members (Wife+2 Kids) should fill up the form DS 260 as well? I am really confused i got mixed answers.

Thanks,

[EmilyW 1,437]

From what I understand, they don't, but you obviously have to declare them on your form and indicate that they do not intend to immigrate with you.

Out of interest, why aren't they immigrating with you? It's a question the CO will no doubt ask.

[Sm1smom 252]

Dear all,

I have been selected for DV 2015, my interview is expected to be in mid 2015. I am planning to apply for GC on my own. My question: is it only me who will fill the form DS 260, or all my family members (Wife+2 Kids) should fill up the form DS 260 as well? I am really confused i got mixed answers.

Thanks,

If your family will not be processing as derivatives, you should only fill out the DS form for yourself. However you still need to list them on your form and indicate they will not going to the US with you.

Now having answered your question, here's a couple of questions for you also:

1. In your eDV application, did you list your wife and kids?

2. Why are they not processing as DV derivatives?

3. Do you actually plan on living in the US, if yes, what is the plan for your family?

[mohd88858 0]

If your family will not be processing as derivatives, you should only fill out the DS form for yourself. However you still need to list them on your form and indicate they will not going to the US with you.

Now having answered your question, here's a couple of questions for you also:

1. In your eDV application, did you list your wife and kids?

2. Why are they not processing as DV derivatives?

3. Do you actually plan on living in the US, if yes, what is the plan for your family?

Hi Sm1smom,

Thanks for your reply and answer.

Answers for your QS:

1) Yes, I have listed my wife & kids.

2) I am afraid their application may be rejected and affect my application, because i wrote my kids names in wrong order (last name first & first name last).

3) yes, i am planning to live there but i need to get the white passport first which allows me to stay outside the US for 2 years to prepare ourselves to move to US & while i make the first landing i will apply for my family (wife & kids) for family visa.

Please give me your feedback on my answers specially no. 3

Regards,

[SusieQQQ 11,586]

Hi Sm1smom,

Thanks for your reply and answer.

Answers for your QS:

1) Yes, I have listed my wife & kids.

2) I am afraid their application may be rejected and affect my application, because i wrote my kids names in wrong order (last name first & first name last).

3) yes, i am planning to live there but i need to get the white passport first which allows me to stay outside the US for 2 years to prepare ourselves to move to US & while i make the first landing i will apply for my family (wife & kids) for family visa.

Please give me your feedback on my answers specially no. 3

Regards,

I don't understand your reason #2. I don't think it is case for rejection but if it is then they will be rejected no matter which route you try to bring them through. As your later petition will refer back to this in the files.

What is your reason for wanting a re-entry permit? As far as I know they are not granted automatically. You make it sound like it is not only the names issue but a finance issue that you don't want everyone to move over at once.

Also are you aware that you cannot sponsor your wife and children until you are resident in the US and able to show you are earning enough in the US to file an affidavit of support for them? This will further delay an already delayed process as it can take some time to get wife and children over on the appropriate family visa. The forms are also more expensive to file.

The way you are going about this process it is likely to take you years. I don't know what you do, but there are also risks to your proposal if (1) your application for a re-entry permit is rejected (2) you cannot show enough earnings in the US to get the family petition approved once you eventually move over.

You do realise that you can push your landing date and even final move date out quite a lot? I'd suggest you look into doing it that way - get visas for all of you, activate them and then take it from there. As i said, I don't think the names mistake is a problem especially if you did the same thing for both kids, it is a clear error and you will have birth certificates etc for the interview.

[Sm1smom 252]

Hi Sm1smom,

Thanks for your reply and answer.

Answers for your QS:

1) Yes, I have listed my wife & kids.

2) I am afraid their application may be rejected and affect my application, because i wrote my kids names in wrong order (last name first & first name last).

3) yes, i am planning to live there but i need to get the white passport first which allows me to stay outside the US for 2 years to prepare ourselves to move to US & while i make the first landing i will apply for my family (wife & kids) for family visa.

Please give me your feedback on my answers specially no. 3

Regards,

If the only problem is the fact that listed your children's names in the wrong order, then that is no problem at all. The CO will be able to tell by looking at their birth certificates and passports that it was a simple error, it cannot lead to a visa denial.

Your plan is flawed. For starters, what do you intend to tell the CO as to why you're doing follow-to-join? Anything that can lead to a visa denial now will equally prevent them from getting approved whenever you think you're able to sponsor them. Secondly, you cannot petition for them if you haven't established a permanent residency in the US and if you don't have a good job with indicative of your having enough income to support them.

The re-entry permit is not automatically granted. You will need to provide an authentic reason for this to be approved.

Lying in order to obtain immigration benefits will lead to greater consequences than you can imagine upon discovery.

In conclusion if the only problem is the name mix-up, it is not an issue. Send in your family's DS260 forms with yours. List your children's names in the correct order on the form and you will be fine.

[mohd88858 0]

I don't understand your reason #2. I don't think it is case for rejection but if it is then they will be rejected no matter which route you try to bring them through. As your later petition will refer back to this in the files.

What is your reason for wanting a re-entry permit? As far as I know they are not granted automatically. You make it sound like it is not only the names issue but a finance issue that you don't want everyone to move over at once.

Also are you aware that you cannot sponsor your wife and children until you are resident in the US and able to show you are earning enough in the US to file an affidavit of support for them? This will further delay an already delayed process as it can take some time to get wife and children over on the appropriate family visa. The forms are also more expensive to file.

The way you are going about this process it is likely to take you years. I don't know what you do, but there are also risks to your proposal if (1) your application for a re-entry permit is rejected (2) you cannot show enough earnings in the US to get the family petition approved once you eventually move over.

You do realise that you can push your landing date and even final move date out quite a lot? I'd suggest you look into doing it that way - get visas for all of you, activate them and then take it from there. As i said, I don't think the names mistake is a problem especially if you did the same thing for both kids, it is a clear error and you will have birth certificates etc for the interview.

Hi SusieQQQ,

Thanks for your quick response and feedback. My case is little bit complicated. The reason why i am not processing my kids application is that kids passports will be expired by mid-2015 and will not be renewed any more, for me my passport is still valid till 2016 and renewable. That's why i am confused and don't know what to do.

I have appointed a professional lawyer to assist me with the documentation process and any other issues related to my application.

Regards,

[mohd88858 0]

If the only problem is the fact that listed your children's names in the wrong order, then that is no problem at all. The CO will be able to tell by looking at their birth certificates and passports that it was a simple error, it cannot lead to a visa denial.

Your plan is flawed. For starters, what do you intend to tell the CO as to why you're doing follow-to-join? Anything that can lead to a visa denial now will equally prevent them from getting approved whenever you think you're able to sponsor them. Secondly, you cannot petition for them if you haven't established a permanent residency in the US and if you don't have a good job with indicative of your having enough income to support them.

The re-entry permit is not automatically granted. You will need to provide an authentic reason for this to be approved.

Lying in order to obtain immigration benefits will lead to greater consequences than you can imagine upon discovery.

In conclusion if the only problem is the name mix-up, it is not an issue. Send in your family's DS260 forms with yours. List your children's names in the correct order on the form and you will be fine.

Hi Sm1smom,

Thanks for your quick response and feedback. My case is little bit complicated. The reason why i am not processing my kids application is that kids passports will be expired by mid-2015 and will not be renewed any more (+ name order mix), for me my passport is still valid till 2016 and renewable. That's why i am confused and don't know what to do.

I have appointed a professional lawyer to assist me with the documentation process and any other issues related to my application.

kindly give your feedback if you have experienced with any one who have the same situation.

Regards,

[Sm1smom 252]

Hi Sm1smom,

Thanks for your quick response and feedback. My case is little bit complicated. The reason why i am not processing my kids application is that kids passports will be expired by mid-2015 and will not be renewed any more (+ name order mix), for me my passport is still valid till 2016 and renewable. That's why i am confused and don't know what to do.

I have appointed a professional lawyer to assist me with the documentation process and any other issues related to my application.

kindly give your feedback if you have experienced with any one who have the same situation.

Regards,

First you stated you were afraid you could be denied because you wrongly listed your children's names. Now you come back to say your problem has to do with the children's passports. If you truly need help, you need to clearly state what is going on in order to get the appropriate response.

Anyway this 'problem' is still not a good enough reason to not process your family members with yours. You are throwing money away by engaging a lawyer, DV petitions are usually easy and simple enough without the involvement of a third party.

Yes your children's passports will expire by the time of your interview and is not renewable, what is wrong with applying for a new one for them a couple of months before the interview? Since they currently have their passports, use the information on that to fill in their DS forms, apply for new passports, take both the old and new sets of passports to the interview.

[SusieQQQ 11,586]

I agree with mom. Plenty people have passports expiring between entry and interview ....just renew them...

[mohd88858 0]

First you stated you were afraid you could be denied because you wrongly listed your children's names. Now you come back to say your problem has to do with the children's passports. If you truly need help, you need to clearly state what is going on in order to get the appropriate response.

Anyway this 'problem' is still not a good enough reason to not process your family members with yours. You are throwing money away by engaging a lawyer, DV petitions are usually easy and simple enough without the involvement of a third party.

Yes your children's passports will expire by the time of your interview and is not renewable, what is wrong with applying for a new one for them a couple of months before the interview? Since they currently have their passports, use the information on that to fill in their DS forms, apply for new passports, take both the old and new sets of passports to the interview.

Thanks again for your valuable posts.

My apologies, You are right i was not clear enough in my first post regarding my kids passport, because i thought that when names are mixed-up then there is no use to apply for them and that is why i didn't mentioned it in the beginning. (Why should i lie or hide any information to you & the other people in the forum, you are not the one who approve the applications or the Consulate Officer, there is no point in lying on you).

Regarding the engagement with a lawyer, for you its easy but for me i don't think so. I may need a translator as well

When i said my kids passport is not renewable i mean it will never be renewed (It is a temporary passport) not a citizen, its privilege.

Ones again Thanks.

[mohd88858 0]

I agree with mom. Plenty people have passports expiring between entry and interview ....just renew them...

I wish i can do it, but its temporary

[SusieQQQ 11,586]

I wish i can do it, but its temporary

This still doesn't solve any problems. If you want to bring them over eventually they will still need passports, so what will change between now and then?

Are they stateless children?

[mohd88858 0]

This still doesn't solve any problems. If you want to bring them over eventually they will still need passports, so what will change between now and then?

Are they stateless children?

Yes, stateless.

Hopefully after i got my GC, i can sponsor them or try to get other citizenship by investment or any other programs.

[SusieQQQ 11,586]

Yes, stateless.

Hopefully after i got my GC, i can sponsor them or try to get other citizenship by investment or any other programs.

I don't understand how you plan to do this; sponsoring them under a green card still requires them to have passports to travel. All you will do is postpone the problem. Nowhere is going to give you citizenship in under 5 years (3 if you marry a US citizen but I assume that is impractical). Are your kids just going to stay waiting for that? Don't you think a better approach would be to contact the US consulate, explain the situation with the travel papers and see if there is a solution?