Ok this is a somewhat complicated situation.
My girlfriend is a LPR who came to the USA last year on an F1 visa via consular processing.
On her F1 visa application her 10 year old son was also listed. However, she was unable to gain permission from her ex-husband to bring their son to the USA at the time of her interview. During her visa approval interview (at the embassy), she explained that she is still trying to secure the proper court ruling to allow her son to come to the USA as well. The person at the embassy said that was ok and that they will 'leave her sons file open' as long as she continues to notify them at least once per year that she is still trying to bring him to the USA.
Fast forward 8 months. She was recently able get a court ruling allowing her son to come to the USA without fathers permission (full custody). Where do we go from here?
Questions are mainly:
1) how do we schedule the interview (is there a form to fill out? Call the embassy? etc)
2) will the embassy still allow her son to come under her visa petition? (impression is, yes because his file is still 'open' and on file according to the embassy)
3) Does "follow-to-join" rules apply to her and her son's situation?
I appreciate any insight, thanks in advance.
FYI this is for Ukraine.