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