Who Goes on a DV Entry: Spouse, Children, and the Omissions That Void It

Every unmarried child under 21 goes on the entry, including those who will not immigrate. Omission can void eligibility for everyone on the case.

Reviewed by Ekaterina Fitenko, Esq. — Florida Bar #1064536. With 20+ years of experience in the legal field, she advises Diversity Visa entrants and selectees on eligibility and filings, in English and Russian.

The Spouse

A spouse goes on the entry, and the obligation survives circumstances people assume remove it. The published instructions state that you must list your spouse even if you are currently separated from them, unless you are legally separated — an arrangement where a couple remain married but live apart under a court order or formal agreement.

The consequence of getting this wrong is not limited to the spouse. Failure to list an eligible spouse, or listing someone who is not your spouse, may make you ineligible as the DV principal applicant and your spouse and children ineligible as derivative applicants. One omission can end the case for everyone on it.

Every Child Under 21

Every unmarried child under 21 is listed — including legally adopted children and step-children, and including children who do not live with you and children who have no intention of immigrating with you. The instruction is deliberately broad, and the test is the relationship and the age, not the plan.

The only exclusion is a spouse or child who is already a U.S. citizen or a lawful permanent resident; those persons are not listed.

Each Listed Person Needs a Photograph

A photograph meeting the same technical specifications is required for the entrant, the spouse and every listed unmarried child under 21 — the same 600 by 600 pixel, 240 kilobyte JPEG taken within the last six months. The exception matches the listing rule: no photograph is needed for a spouse or child who is already a citizen or lawful permanent resident.

Marriage, Divorce and Birth After Submission

Life continues after the entry is filed, and the case has to reflect it. A child born or a marriage entered into after submission is generally accounted for later in the process rather than by re-entering — and re-entering would be fatal, because more than one entry per person in a fiscal year voids them all under INA 204(a)(1)(I)(i).

If your claim to a country of chargeability came through a spouse, a divorce removes the basis for it. That is a change in eligibility, not a formality, and it needs advice before the interview rather than at it.

Why the Rule Is Enforced Strictly

The listing establishes who the derivative applicants are and prevents a family from being assembled after selection. An officer comparing the entry against civil documents at the interview is checking exactly that, and an unlisted spouse or child discovered at that point is discovered at the worst moment in the cycle.

Frequently Asked Questions

I am separated from my spouse. Do I still list them?

Yes, unless you are legally separated. The instructions require listing a spouse even when you are currently separated, and legal separation means a formal arrangement in which you remain married but live apart.

My child will not immigrate with me. Must I list them?

Yes. Every unmarried child under 21 is listed regardless of whether they live with you or intend to accompany or follow you, including legally adopted and step-children.

My spouse is a U.S. citizen. Do I list them?

No. A spouse or child who is already a U.S. citizen or a lawful permanent resident is excluded from the entry, and no photograph is needed for them.

I married after submitting the entry. What now?

That is handled later in the process, not by submitting another entry — a second entry in the same fiscal year voids all of them under INA 204(a)(1)(I)(i). Bring the marriage documents into the case at the appropriate stage.

I forgot to list someone. How serious is that?

Serious enough to end the case: the published instructions warn that failing to list an eligible spouse may make you ineligible as principal applicant and your family ineligible as derivatives. Review it before the interview, not at it.

How much is the initial consultation?

$200 for 30 minutes, in English or Russian. Call (305) 315-3425 or email fitenkolaw@gmail.com to schedule, or start with the intake form.

This article is informational only and is not legal advice. Immigration rules, fees and processing times change; confirm current requirements with the agency or with counsel before relying on anything here.