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Posted

I would like to ask when I sumbit my entery application i mentioned that my marriage status is divorce (please note it wasn't documented in court as in Islam religion the man can divorce his wife orally and have achance for only approx 4 months to return back again without document in Court) so I didn't include them at my entery application
And after 2 months from divorce we return back again me and my wife
So for the current situation I plan with my wife if I received my DV visa I will travel first alone and open case for her and my daughter to apply for green card after my travel
So my question is I should inculde them in DS-260 Application
Or what is your advice to avoid any trouble at the time of the interview
Thanks in advance.
 

As per guidelines general 

•       If your family circumstances have changed after you entered the lottery, for example, if you have very recently gotten married or had a child, you will need to add your new family members to your case when you and your family fill out your DS-260 application forms. (“Family member” refers to a spouse and/or unmarried children who had not reached age 21 before you entered the lottery.)
•       If you had a spouse or children prior to submitting your original entry, but you did not include them on your original entry form, then your case will be disqualified at the time of your visa interview. Neither you nor any of your family members will receive visas. Any fees you pay will not be refunded.
Further information can be found in the Diversity Visa Instructions.  Please read the information in this message and all instructions carefully, and decide whether you wish to pursue your application furthe
Posted (edited)

Were you legally divorced from your wife at the time you entered? If not you will be disqualified. It doesn’t matter whether she goes with you now, later or never. If you were legally married at the time and you did not include her, you are automatically disqualified. This is clear both in the instructions and repeated in the information for selectees.

(By the way the DS260 is an official document that you do NOT lie or withhold information on. If you do they can revoke your green card and even your citizenship later if based on false information. So if you try to pretend you don’t have a wife now and apply for her later, as soon as they see the marriage dates it’s bye-bye for you.)

the only way you will not be disqualified is if you were legally divorced at the time you entered, and you can include her by legally remarrying her after.

 

Edit: on second reading it sounds like you didn’t include your child on the entry form either? If that is the case (assuming the child was already born) there is no question at all that your entry will be disqualified. 

 

 

Edited by SusieQQQ
Posted (edited)

From the instructions for entry, I have added bold/underlines for emphasis:

 

 

Failure to list your eligible spouse will result in your disqualification as the Diversity Visa principal applicant and refusal of all visa applications in your case at the time of the visa interview. You must list your spouse even if you currently are separated from him/her, unless you are legally separated. Legal separation is an arrangement when a couple remain married but live apart, following a court order. If you and your spouse are legally separated, your spouse will not be able to immigrate with you through the Diversity Visa program. You will not be penalized if you choose to enter the name of a spouse from whom you are legally separated. If you are not legally separated by a court order, you must include your spouse even if you plan to be divorced before you apply for the Diversity Visa. Failure to list your eligible spouse is grounds for disqualification.

 

....What family members must I include in my DV entry?

Spouse: If you are legally married, you must list your spouse regardless of whether he/she lives with you or intends to immigrate to the United States

Children: You must list ALL your living children who are unmarried and under 21 years of age at the time of your initial DV entry, whether they are your natural children, your step-children (even if you are now divorced from that child’s parent), your spouse’s children, or children you have formally adopted in accordance with the applicable laws.

Edited by SusieQQQ
Posted

You were divorced  and by Islam it is divorced, the officer will ask for a proof of divorce on paper -you don't have it

and you don't have a proof that you were married after the DV application was submitted

 

the only advice i can give you, go to your court and talk with a judge, tell him that you have divorced your wife on X date and he will give you a paper of divorce

that is to save her rights in the future divorces.

 

now regarding that in case this works [ in case] and you went to the US, they for sure will ask about a marriage certificate [not sure how the process will go, i don't have any experience on that]

 

 

Mohammad Saeed

HVAC Operations Manager

http://www.mohdsaeed.ae

 
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