Married while father was a GC holder, continued with interview and was denied. Father now USC (split)

[bobo123 3]

Any input or advice is appreciated.

 

 

Hello, 

My husband’s father (green card holder at the time) sponsored him when he was unmarried under F24. 
 

We got married while the F24 petition was under process without knowing that technically he can’t get married. 
 

In 2020 his father became a U.S citizen but this was after we got married.
When we filled out his ds260 form we declared he his married and submitted all our documents together (birth certificate/ marriage certificate/ police clearance etc) 

Furthermore this year in Jan he got documentarily qualified and got scheduled for his interview last week. Naturally when this happened we thought everything is going smoothly. 
 

Things changed after noticing that my name is nowhere for the interview or medical and his category is still unmarried child, which made us realize that something is off. 
We consulted a lawyer then who told us that basically the day we got married the petition died as green card holders can’t sponsor a married child. 
Anyways, we were very disappointed but mentally prepared ourselves that our visa will be refused. 
 

Fast forward to the interview day, 

My husband went in for his immigrant visa interview, he said the officer was nice and pleasant. She asked if he was married and he said yes, asked if he is planning to immigrate his wife to the USA. Some more questions about his job and who the petitioner is and their job.
The interview was under 7 mins. 
She said she will have to refuse the visa as he is married now ( which ofcourse we knew and had prepared ourselves) 

but his dad can sponsor me as he is a U.S citizen now. 

She gave him 2 forms, the refusal worksheet which had the ds5535 form (we filled it out submitted it) and another form which was titled “completing immigrant visa application”

 

Our category on the ceac portal has changed to F31(after the interview), our priority date is still our old priority date, which is current. 
Now I don’t understand what exactly is happening because I still cannot add another applicant on his ds260 application.

I also thought the priority date will change as the old petition died. I’m very confused to why they even asked to fill out the DS5535 form. I just don’t know what exactly is going on and what do I need to do next? 
 
Any insight regarding this situation is appreciated. 
Thank you

 

[Ontarkie 14,217]

~~Post split and moved to Bringing Family of USC - as the OP's father in law is now a USC~~

[Boiler 45,445]

Has his Father filed a new I 130? That will determine his Priority Date.

[SalishSea 17,801]

2 hours ago, bobo123 said:

Any input or advice is appreciated.

 

 

Hello, 

My husband’s father (green card holder at the time) sponsored him when he was unmarried under F24. 
 

We got married while the F24 petition was under process without knowing that technically he can’t get married. 
 

In 2020 his father became a U.S citizen but this was after we got married.
When we filled out his ds260 form we declared he his married and submitted all our documents together (birth certificate/ marriage certificate/ police clearance etc) 

Furthermore this year in Jan he got documentarily qualified and got scheduled for his interview last week. Naturally when this happened we thought everything is going smoothly. 
 

Things changed after noticing that my name is nowhere for the interview or medical and his category is still unmarried child, which made us realize that something is off. 
We consulted a lawyer then who told us that basically the day we got married the petition died as green card holders can’t sponsor a married child. 
Anyways, we were very disappointed but mentally prepared ourselves that our visa will be refused. 
 

Fast forward to the interview day, 

My husband went in for his immigrant visa interview, he said the officer was nice and pleasant. She asked if he was married and he said yes, asked if he is planning to immigrate his wife to the USA. Some more questions about his job and who the petitioner is and their job.
The interview was under 7 mins. 
She said she will have to refuse the visa as he is married now ( which ofcourse we knew and had prepared ourselves) 

but his dad can sponsor me as he is a U.S citizen now. 

She gave him 2 forms, the refusal worksheet which had the ds5535 form (we filled it out submitted it) and another form which was titled “completing immigrant visa application”

 

Our category on the ceac portal has changed to F31(after the interview), our priority date is still our old priority date, which is current. 
Now I don’t understand what exactly is happening because I still cannot add another applicant on his ds260 application.

I also thought the priority date will change as the old petition died. I’m very confused to why they even asked to fill out the DS5535 form. I just don’t know what exactly is going on and what do I need to do next? 
 
Any insight regarding this situation is appreciated. 
Thank you

 

To start the process, the father needs to submit a new petition with all of the updated info.

[bobo123 3]

10 hours ago, Boiler said:

Has his Father filed a new I 130? That will determine his Priority Date.

No he hasn’t yet, the lawyer told us to just notify the NVC through the public inquiry form that he is married now. 
 

And the interviewer gave him these forms 

[bobo123 3]

I don’t really know what to do now. Unfortunately we don’t know much about the whole process, should we do a lawyer?

[milimelo 4,475]

Nothing a lawyer can fix. His father needs to start a new I-130 and you're looking at minimum 14-15 years to immigrate. F3 (married child of USC) category. 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html

[Crazy Cat 41,812]

44 minutes ago, bobo123 said:

I don’t really know what to do now. Unfortunately we don’t know much about the whole process, should we do a lawyer?

 

Marriage took place before Father naturalized.  This article seems to address the subject well:

Effect of Marriage on F2B Petition File | Lee & Garasia, LLC (njimmigrationattorney.com)

Edited September 6, 2023 by Crazy Cat

[Boiler 45,445]

2 hours ago, milimelo said:

Nothing a lawyer can fix. His father needs to start a new I-130 and you're looking at minimum 14-15 years to immigrate. F3 (married child of USC) category. 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html

It is 14-15 years if the cases had been filed 14-15 years ago. The line is a lot longer now.

 

 

[Timona 4,207]

Well, the lawyer told you the truth but I guess you're banking on IO at consulate overlooking this. Hence, you still went ahead with the interview though you guys knew you don't qualify. 

 

Your FIL can't sponsor you. 

He will have to file a new I-130 for your husband and you'll be included..15 years wait. A new start. It doesn't piggy ride on the other application.

 

[Sparkle Sparkle 914]

8 hours ago, bobo123 said:

I don’t really know what to do now. Unfortunately we don’t know much about the whole process, should we do a lawyer?

They are two separate immigration routes. He no longer qualifies under his fathers green card because he got married. Now getting married opens up another route ‘if’ the father files I-130. It’s a lifetime wait I must tell you. 

[Boiler 45,445]

Actually I participated in a previous thread where this was covered, I think there are 2 people using this account?

 

 

[bobo123 3]

9 hours ago, Timona said:

Well, the lawyer told you the truth but I guess you're banking on IO at consulate overlooking this. Hence, you still went ahead with the interview though you guys knew you don't qualify. 

 

Your FIL can't sponsor you. 

He will have to file a new I-130 for your husband and you'll be included..15 years wait. A new start. It doesn't piggy ride on the other application.

 

we are not banking on the consulate to overlook this, fyi. We went for the interview because they already scheduled the interview. NVC should have not accepted any documents from us in the first place instead of DQing us once we submitted marriage certificate. 
 

we also emailed them a few times regarding this but they never replied. 
 

the lawyer told us that to close the case we need to go through the interview. 
 

Stop making your assumptions please. 
 

Im just confused to what to do next  because the immigration officer asked to fill out the ds5535 form and said we will ask you the submit your passport after. 
 

In our head we already know that it’s gonna take another 15 years or so for f3. We plan to immigrate through other category anyways. 

[Crazy Cat 41,812]

4 hours ago, bobo123 said:

We plan to immigrate through other category anyways. 

What does that mean?

[Boiler 45,445]

Presumably you both had medicals?