Dropped out of case-but still on the list!?

[xxchuleriiaxx 0]

Hey guys, looking for some advice for someone. This person (from the Dom. Rep.) was petitioned along with other family members by his brother who is in USA. He recently got married (to a dominican woman) and to his understanding means that he was going to be dropped out of the family petition. However, Interview Letter has arrived and he appears on the list of people to attend the interview. He is wondering whether he should go ahead spend the $ and get his medicals done and go to the interview, or... what other options there are for him. Any advice will help, thanks guys.

[MarielManuel 0]

is his wife petitioning for him????

[aaron2020 11,651]

Did he inform the US Embassy or the National Visa Center that he got married? There's no way they would know unless he tells them by updating the case.

I bet he never informed the US Embassy that he got married. The US Embassy still thinks he's single according to their paperwork.

He is not getting a visa. Filing would be a waste of money. He needs to inform the US Embassy that he is now married.

[JimVaPhuong 4,863]

Hey guys, looking for some advice for someone. This person (from the Dom. Rep.) was petitioned along with other family members by his brother who is in USA. He recently got married (to a dominican woman) and to his understanding means that he was going to be dropped out of the family petition. However, Interview Letter has arrived and he appears on the list of people to attend the interview. He is wondering whether he should go ahead spend the $ and get his medicals done and go to the interview, or... what other options there are for him. Any advice will help, thanks guys.

There is no such thing as a family petition. Who, exactly, was petitioned; i.e., who is the beneficiary? Was it your friend, or one of your friend's family members? What is the family relationship between the petitioner and the beneficiary?

[xxchuleriiaxx 0]

Sorry if that was confusing but as I mentioned his brother petitioned them and them as in his other syblings as well. I don't personally know this person I was just asked to find out some advice for him but yes I'm assuming he did not let the embassy or nvc know he got married. I guess his question was more like should I still go and say nothing or is it a waste of $. MY own opinion is that going as if nothing happen will just result in more problems in the future for ex. He's not going to leave his wife in DR so they'll see that he was married at the time he was granted visa , anyways like I said I'm just passing on the Q to get the answers here, thansk for your responses!

[JimVaPhuong 4,863]

Answering the question requires that we have very specific information.

A petition is always for one person. However, some visa categories allow for eligible derivatives (spouse and minor unmarried children) to hitch a ride and get a visa based on the same petition. That doesn't make it a "family petition". The petition is still for one primary beneficiary, and whether someone qualifies as a derivative depends on their family relationship to that primary beneficiary.

Now, you said your friend "was petitioned along with other family members by his brother". That's not specific enough. If your friend's brother is an LPR then there's no sort of petition he could have filed that would make your friend eligible for a visa. If his brother is a US citizen then he might have petitioned for his parents. Those would be immediate relative petitions, which do not allow for any derivative beneficiaries. Your friend wouldn't be able to hitch a ride on those petitions, much less his wife. If his brother petitioned for one of his siblings - a sister, for example - then that sibling's spouse and minor unmarried children would be eligible derivatives, but your friend would not. Now, if your friend's brother petitioned specifically for your friend then your friend is eligible for a visa, as well as your friend's eligible derivatives, which means his wife and minor unmarried children.