2011 dv lottery but did not include the kid born after the first entry

[Gakiee 3]

Hi guys am worried am currently waiting for my case to be processed at NVC, so my story is as follows.. My hubby won a DV lottery for 2011at that time we were not married so during his  first entry he was single and no kids... Later we had a kid out of wedlock who was born before his interview... But the problem is he was not able to add him(child) to the forms before the interview since his interview letter got lost so when he contacted kcc later after waiting for so long he was told that his letter was sent long time ago and his interview had passed so he requested them for a ASAP interview since only few weeks were left before closing  the DV lottery program for that year. So  my question is will we be denied IR1 and IR2 visa because he did not add his child during the interview????? The kid was born after his first DV lottery entry and after ds260 filling online but before his final interview.. During his interview he was still single since we got married after his interview.. Thax guys will appreciate your advice

 

 

[SusieQQQ 11,584]

Why did he not tell the interviewing officer that he had a child? 

 

Something else is not right in your story. There was no online DS260 back during DV2011 (I was DV2013 and it was paper based DS230 still by then), but I guess that’s not crucial. 

 

The short answer is that yes it might be a problem. He would have sworn under oath at his interview that the DS form was still correct listing no child, and this is a violation. Some people have got away with this, others have not been allowed to bring their families. Technically he could have got his green card revoked if they had found out. 

 

Is he now a citizen and the IR visa is for you and the child? If he has naturalized, what did he write about the date of birth of child on his N400 form? I’m surprised this discrepancy was not picked up at his naturalization interview assuming his n400 was correctly filled.

 

I'm also curious as to why he took so long to bring you over. What was your actual marriage date?

Edited December 7, 2019 by SusieQQQ

[Gakiee 3]

3 minutes ago, SusieQQQ said:

Why did he not tell the interviewing officer that he had a child? 

 

Something else is not right in your story. There was no online DS260 back during DV2011 (I was DV2013 and it was paper based DS230 still by then), but I guess that’s not crucial. 

 

The short answer is that yes it might be a problem. He would have sworn under oath at his interview that the DS form was still correct listing no child, and this is a violation. Some people have got away with this, others have not been allowed to bring their families. Technically he could have got his green card revoked if they had found out. 

 

Is he now a citizen and the IR visa is for you and the child? If he has naturalized, what did he write about the date of birth of child on his N400 form? I’m surprised this discrepancy was not picked up at his naturalization interview assuming his n400 was correctly filled.

Ohh sorry it was dsp-122 not ds260 ..about telling the co about the kid am not sure why he did not but he said he aswered the question according to what he had filled in papers and what he was asked during the interview...yeah he is now a USA citizen and the visa is for me and the kids ...yeah he had his naturalization and he wrote the exact date the child was born  and they never questioned him about it

[SusieQQQ 11,584]

Well, it’s hard to give you any real reassurance. You may be ok or you may not.  Good luck.

[Gakiee 3]

2 minutes ago, SusieQQQ said:

Well, it’s hard to give you any real reassurance. You may be ok or you may not.  Good luck.

Ok thax for the reply..am praying for the best

[Gakiee 3]

15 minutes ago, SusieQQQ said:

Why did he not tell the interviewing officer that he had a child? 

 

Something else is not right in your story. There was no online DS260 back during DV2011 (I was DV2013 and it was paper based DS230 still by then), but I guess that’s not crucial. 

 

The short answer is that yes it might be a problem. He would have sworn under oath at his interview that the DS form was still correct listing no child, and this is a violation. Some people have got away with this, others have not been allowed to bring their families. Technically he could have got his green card revoked if they had found out. 

 

Is he now a citizen and the IR visa is for you and the child? If he has naturalized, what did he write about the date of birth of child on his N400 form? I’m surprised this discrepancy was not picked up at his naturalization interview assuming his n400 was correctly filled.

2 minutes ago, Gakiee said:

Ok thax for the reply..am praying for the best

if found guilty of lieying is that a permanent ban for us and he can be dinaturalized

[SusieQQQ 11,584]

Technically? Yes he can be denaturalized. In practice, would they do it for something like this? I really doubt it.  They seem to keep that for people who actively commit fraud to get green cards/citizenship they should not have (like green card marriages or using false names to evade deportation orders) or those involved in serious crimes.

 

If you and your child are refused, you wouldn’t be subject to a permanent ban because it’s not you that did anything wrong. My feeling is that you will actually probably be ok, I have heard of others being ok and granted visas in similar circumstances, but because he did make a material false statement no-one can give you proper reassurance. 

[Gakiee 3]

2 minutes ago, SusieQQQ said:

Technically? Yes he can be denaturalized. In practice, would they do it for something like this? I really doubt it.  They seem to keep that for people who actively commit fraud to get green cards/citizenship they should not have (like green card marriages or using false names to evade deportation orders) or those involved in serious crimes.

 

If you and your child are refused, you wouldn’t be subject to a permanent ban because it’s not you that did anything wrong. My feeling is that you will actually probably be ok, I have heard of others being ok and granted visas in similar circumstances, but because he did make a material false statement no-one can give you proper reassurance. 

Ok thax again for your response..