RFE-I130 form

[uzanur 0]

Hi everyone

Me and my husband applied for F1 visa because his H1B visa was going to expire in December, 2013. So we both applied for different F1 visas in the early December. Now his F1 application got denied because of a wrong date on the I20. I checked mine today and they are asking RFE Form I130, Immigrant Petition for relative, fiancee, or orphan. I have no idea what this is so I don't know what to do now. I did not enlist him as a F2 because he was applying for F1 however I sent them all of the past immigration documents of my husband such as H1B petitions, passport copies etc. Do you have any idea why they are asking about it? What this for is for? And I am also wondering if it is a bad sign for my visa?

My second question is the waiting time after the RFE. Do you know how long does it take a response from USCIS after we filed the RFE?

[NancyNguyen 1,657]

You are confusing everyone with your questions. First of all, you are spouse of a H-1B visa holder or you are a GC holder/USC? I guess you are spouse of H-1B visa holder. Then you need to tell them that you are not GC holder/ USC. I-130 is for sponsoring a relative of GC holder/ USC. Your spous's H-1B is expired and now his F1 visa is denied, I guess he has to leave the States before his barred time kicks in (180 days after his application was denied.)

You have nothing to do with I-130 form, the USCIS doesn't even know your status for some reasons. Write a head letter staying you are not PR/ USC and you are changing your status to F1.