I-130 received an RFE

[gharieyooh 0]

Hi,

My step dad and my mom received an RFE asking to submit supporting documents. This documents was submitted and USCIS received it last April 29, 2011. I just wanna know if they are now processing my petition? I have posted about my case yesterday regarding this however I need to get more information about the process. Let me repost my case:

"My mother married a an american citizen. They got married 1999. I was 17 years old that time and now 27. My mom went to states with my minor sister in the year 1999. I was left here because i want to finish my studies here in the philipppines. My step dad file a I-130 petition for me 2008. On april they received a letter from the USCIS requesting an additional documents (RFE), they sent the needed documents and USCIS received it last Apr29,2011. My case status online changed into Request for Evidence Response Review.They give us 60 days waiting period for the approval.

My question is how long would it take before we received the result? does it takes 60 days or more? please help."

Can you please tell me what category this fall?

What kind of visa is available for me?

I appreciate your time reading this... God Bless

[JimVaPhuong 4,863]

Hi,

My step dad and my mom received an RFE asking to submit supporting documents. This documents was submitted and USCIS received it last April 29, 2011. I just wanna know if they are now processing my petition? I have posted about my case yesterday regarding this however I need to get more information about the process. Let me repost my case:

"My mother married a an american citizen. They got married 1999. I was 17 years old that time and now 27. My mom went to states with my minor sister in the year 1999. I was left here because i want to finish my studies here in the philipppines. My step dad file a I-130 petition for me 2008. On april they received a letter from the USCIS requesting an additional documents (RFE), they sent the needed documents and USCIS received it last Apr29,2011. My case status online changed into Request for Evidence Response Review.They give us 60 days waiting period for the approval.

My question is how long would it take before we received the result? does it takes 60 days or more? please help."

Can you please tell me what category this fall?

What kind of visa is available for me?

I appreciate your time reading this... God Bless

If the evidence submitted in response to the RFE satisfies their requirements, and presuming that there is nothing else holding up your petition, it should be approved soon.

If you're not married then you'd be eligible for an F1 visa. If you're married then you'd be eligible for an F3 visa.

Here's the bad news...

Both the F1 and F3 are "family preference" visas, which are issued in limited numbers each year as required by law. The result is that there's a waiting list for these visas. Besides the total number of visas in each category being limited, there's a per country limit of 7% of the total, so some countries have a longer waiting list than others. The longest waiting lists, by a pretty big margin, are in the Philippines.

Your position in line is determined by your priority date - the date your I-130 was received by USCIS. For the F1 visa category, they are currently processing people in the Philippines with a priority date of July 15, 1995. For the F3 visa category, they are currently processing people in the Philippines with a priority date of February 15, 1992. This means the wait for an F1 is currently about 16 years, and for an F3 it's about 19 years.

If you're not married, and your mom is an LPR rather than a US citizen, then it would have been faster if she'd sent the I-130.

[gharieyooh 0]

Thanks for responding....

I'm not married... I just wanna know why they received an RFE, this isn't mean that they are now processing my petition?

I'm not familiar with the acronyms used.. can you please tell me what LPR means?

My step dad is an american and he did the petition.

Hoping for a response again. Thanks

[belinda63 3,041]

Was your father a US citizen when the petition for you was filed? You have in various posts referred to him as both a citizen and an LPR (lawful permanent resident, AKA green card holder). His status makes a difference in which category you fall in for a visa number. Please read this (click the link for the current bulletin) and try to understand which category you fall into and what the wait time is. If your father was a US citizen you are in the F1 category, unmarried son, and they are currently processing applications with a priority date of 15 July 1995. If he was an LPR (green card holder) you are in the F2B category for which they are currently processing applications with a priority date of 01 March 2000. You will not be eligible to apply for a visa based on this petition until your priority date becomes current.

Was the RFE related to your father's passing? I am not familiar with the steps involved in keeping the petition open when the petitioner has passed on.

[gharieyooh 0]

Actually the one who's petitioning me is my step dad. My biological dad already passed away. The RFE requested the death certificate of my dad and non marriage certificate of my mom and my biological dad.

My step dad is an american so I believe he's an LPR. I'm just wondering why they received an RFE. SO does it means that they are now processing my petition?

Some says that this petition is similar with K1 since when my mom and my step dad got married I'm only 17. Is there a relevance?

Thanks for answering back,

[aleful 1,905]

Hi,

My step dad and my mom received an RFE asking to submit supporting documents. This documents was submitted and USCIS received it last April 29, 2011. I just wanna know if they are now processing my petition? I have posted about my case yesterday regarding this however I need to get more information about the process. Let me repost my case:

"My mother married a an american citizen. They got married 1999. I was 17 years old that time and now 27. My mom went to states with my minor sister in the year 1999. I was left here because i want to finish my studies here in the philipppines. My step dad file a I-130 petition for me 2008. On april they received a letter from the USCIS requesting an additional documents (RFE), they sent the needed documents and USCIS received it last Apr29,2011. My case status online changed into Request for Evidence Response Review.They give us 60 days waiting period for the approval.

My question is how long would it take before we received the result? does it takes 60 days or more? please help."

Can you please tell me what category this fall?

What kind of visa is available for me?

I appreciate your time reading this... God Bless

they haven't approved the i130 right?

if not, then they have to approve it. your stepdad will receive the NOA2 of approval. the i130 will be sent to the NVC or National Visa Center. he will receive a NOA with your case number. then your case will sit there until your priority date beomes current.

For F1, unmarried children of a USC for Filippines is more than 15 years, they are working with 1995.

LPR means he is only a Legal Permanent Resident, not an American Citizen

[belinda63 3,041]

They may be processing your petition but you still have to wait for a visa number to become available. Have they received a notice of action with your priority date? As stated previously when a visa number will become available depends on the status of your step dad (citizen or LPR) and your priority date. The only relevance to your age at the time of marriage is it allows your step-dad to file a petition for you as his child. You still have a long wait.

[gharieyooh 0]

So this only means that I still have to wait for long? What does the RFE that was sent to my mom in the US means?

Even we reach the "DECISION" stage on the USCIS online status, we still have to wait for an available visa for me? (that was so sad for me).

[belinda63 3,041]

It means they are processing the petition. After the petition is processed it will be sent to storage. When a visa number is close to becoming available it will be pulled from storage and processing will continue.

[gharieyooh 0]

Thank you so much guys for answering back my questions....

I called my mom and verified and she told me that my petition is like a fiancee visa. Do you think that petition is possible for my case?

I'm sorry I'm new with this that's why i have a lot of questions..

Thank you for your patience answering my questions,.

[belinda63 3,041]

What is your priority date or do you even have one yet? When that date becomes current then the process for you to apply for a visa will continue. This is NOT like a fiance visa, it a child over 21 of a US citizen visa. Actually if your petition has not yet been approved it would be better to cancel it and allow your LPR mother to apply for you as this would save about 5 years of waiting.

[JimVaPhuong 4,863]

Thank you so much guys for answering back my questions....

I called my mom and verified and she told me that my petition is like a fiancee visa. Do you think that petition is possible for my case?

I'm sorry I'm new with this that's why i have a lot of questions..

Thank you for your patience answering my questions,.

We can't give you any advice until you get your facts straight. Did your step-dad file the petition? If so, what petition did he file? Was it an I-130? Is your step-dad a US citizen, or does he have a green card?

Your step-dad can't file a "fiance visa" petition for you, or anything "like a fiancee visa" petition. A fiancee visa requires the visa holder and petitioner to marry within 90 days of coming to the US. Are you planning to marry your step-father? I didn't think so.

[Karenbel 1]

Wow! Why so mean JimVa? I think your response was pretty rude. I really think if people on here dont have anything nice to say that they shouldn't respond AT ALL. Her stepdad who is a U.S. Citizen filed a petition on her behalf. She was confused and thought that LPR is the same as USC. She is not saying that he filed a fiancé visa. She was trying to say, according to her mother, the process may be similar to that of a fiancé visa (I'm guessing dealing with the consulate in her country or whatever). You should try to read and get a better understanding and not be so quick to judge or respond in a rude and negative manner. Some people on here are straight ridiculous.

[JimVaPhuong 4,863]

Wow! Why so mean JimVa? I think your response was pretty rude. I really think if people on here dont have anything nice to say that they shouldn't respond AT ALL. Her stepdad who is a U.S. Citizen filed a petition on her behalf. She was confused and thought that LPR is the same as USC. She is not saying that he filed a fiancé visa. She was trying to say, according to her mother, the process may be similar to that of a fiancé visa (I'm guessing dealing with the consulate in her country or whatever). You should try to read and get a better understanding and not be so quick to judge or respond in a rude and negative manner. Some people on here are straight ridiculous.

If you'll notice, my first response in this thread was about as informative as I could be, based on the information provided in the opening post. I subsequently discovered that the OP had opened a similar thread in another subforum, only in that thread claimed their father was an LPR and not a USC. Obviously, this changes the answer completely. In this thread, the OP has vacillated back and force between USC and LPR, apparently not understanding the acronyms, and then says her mother told her that her visa is "like a fiancee visa".

It's ok not to know what something means. People here are happy to explain things. What's not ok is to ask a question using acronyms you don't understand and information which you don't know is correct. The responses you get will often be wrong, in addition to being a complete waste of time for the person responding. The OP is trying to get some information, and everything said so far may end up being completely irrelevant to them.

[gharieyooh 0]

Thanks guys for being so informative. I appreciate everything.. maybe i am just providing an incomplete information.

I'm new with this.. sorry..