Q: I have a question for F2B category applicant getting ineligible due to getting married, what's the cutoff time ?
Petition got approved back back in back in late 2020, and case for immigrant visa was documentarily completed since 01/28/2021 and then waiting for interview, applicant got married in Mid 2022 and the now at the time of visa interview his case was rejected due to being married.
I have seen some of the immigration lawyers say getting married by the time of visa becomes available, what does visa becoming available mean?
1. Petition approved and sent to NVC for further documents?
2. Immigration case documentarily complete?
3. when you appear for visa interview
When is the ineligibility happens due to marriage in F2B immigrant case processing?
Thank you for your kind response
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A:
In the context of U.S. immigration, the F2B category applies to unmarried sons and daughters of permanent residents. If an applicant marries before becoming a lawful permanent resident, they generally become ineligible under this category. The crucial moment determining eligibility is not when the petition is approved or when the documents are submitted, but rather when the visa becomes available.
The term "visa becoming available" refers to the date when the applicant’s priority date becomes current in the Visa Bulletin, meaning an immigrant visa is available to them. This can be different from the time of document completion or petition approval. In the F2B category, if the applicant marries after their priority date becomes current but before they are granted permanent resident status, they would typically become ineligible under this category.
Therefore, in your described situation, the ineligibility likely occurred because the applicant got married after their priority date became current but before the final approval of their immigrant visa. This timing is essential in determining eligibility for the F2B category. It is advisable to consult with an immigration attorney for personal guidance and to explore any possible remedies or alternative pathways.
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