Your spouse
- If you are legally married, list your spouse even if you live apart, plan to divorce or your spouse will not immigrate.
- Do not list a spouse who is a U.S. citizen or lawful permanent resident.
- A spouse from whom you are legally separated by court order does not have to be listed (and you will not be penalized for listing them).
- Do not list someone you plan to marry later. A former spouse after divorce or death is not listed.
Official sources: DV-2026 instructions and FAQs (latest published) ↗
Your children
List all living children who are unmarried and under 21 on the day you enter: your natural children, your stepchildren (even after a divorce), your spouse’s children and children you have formally adopted, even if they do not live with you or will not immigrate. Children who are already U.S. citizens or permanent residents do not need to be listed. Do not list parents or brothers and sisters: they cannot receive DVs as dependents.
Official sources: DV-2026 instructions and FAQs (latest published) ↗ · 22 CFR 42.33 (current regulation) ↗
What happens if someone is missing
Failing to list an eligible spouse or child, or listing someone who is not your spouse or child, can make you ineligible, and then your whole family is ineligible too. Each person listed also needs a recent compliant photo, taken within the last six months.
Official sources: DV-2026 instructions and FAQs (latest published) ↗ · Fraud warning (Department of State) ↗
Marriages and births after you enter
The rule applies to people who were your family when you submitted the entry. If you marry or have a child after entering and are selected, add them to your case when you complete the DS-260. Family members you list do not have to apply for visas or travel with you.
Official sources: DV-2026 instructions and FAQs (latest published) ↗ · Submit your DS-260 ↗
Children who turn 21
If you entered before your unmarried child turned 21, the Child Status Protection Act may let the child be treated as under 21. USCIS subtracts the time between the start of the registration period and the selection from the child’s age when a visa becomes available; the child must stay unmarried and seek permanent residence within one year.
Official sources: Child Status Protection Act (USCIS) ↗
Frequently asked questions
Do I have to list my spouse if we are separated?
Yes, unless you are legally separated by a court order. Informal separation does not remove the obligation.
Must I list a child who will not immigrate with me?
Yes. All living, unmarried children under 21 must be listed, even if they will not immigrate or do not live with you.
Can my spouse and I both enter?
Yes. Each spouse may submit one entry if each is eligible, and both entries must list the whole family. If either is selected, the other can apply as a dependent.
I got married after submitting my entry. What now?
If you are selected, add your new spouse to your case in the DS-260. Only people who were family members at the time of entry had to be on the entry.