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LPR wanting to bring child after entering usa (via consular processing)

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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.

Edited by walfredo

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I have seen this question come up a few times but never from someone who has gone through the process.

My view is that there is a valid petition and as long as it is kept alive all is good.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thank you for the reply. I am wondering how to schedule the interview. We need to know a date because we need to get her son in for the medical exam, and she is returning to Ukraine for only a limited period of time. We would like to get an interview scheduled so we can schedule a medical for the day (or two) before.

Is the best route to call them? Also do we need to fill any forms to 'reactivate' her sons petition, or will they just conduct the interview as if the petition was still active?


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Contact the embassy via email - Kyiviv@state.gov

In Subject line provide case number of child (or mother's case number) plus follow to join processing request

In body of email provide mother's bio details, child's details and detail what you want done - schedule an immigrant visa appointment.

Edited by milimelo

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