Q: What to do if no visas are available for greencard based marriage after interview? Petitioner is a green card holder.
My husband (GC holder) and I (Visa) has our interview yesterday. It went well but officer told us that no visas were available for my country (Venezuela) we are wondering what to do now. Do we just wait?
He is about to become a citizen is a week and officer said we can update application. How do I go about updating his status once he gets naturalize.
A: If he remains a green card holder, then you have to monitor the Visa Bulletin (Final Action Chart) to see when your priority date becomes current, and the visa has become available. As long as the priority date was current at the time of the filing of the adjustment, USCIS will keep the case on hold until such time as the priority date becomes current again. If your husband naturalizes then you can provide a copy of his naturalization certificate for your case and ask that the I-130 petition be upgraded to an immediate relative petition, for which a visa is always available.
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