(F2B) where to get an update? (merged)

[Mai Bau 0]

Hello! I’m from PH. My grandfather filed a F2B visa to my mother and her priority date was March 19, 2015. I just recently checked her case status and it says “At NVC”. My aunt who was filed a petition by my grandfather too has just received her Welcome Letter from NVC last month and if I am not mistaken, her priority date is around October 2013. Does somebody have any idea on how long my mom is gonna have to wait until she receives NVC’s Welcome Letter?

 

Also, I’m 19 years old and my sister’s 18, and my mom said there’s a possibility that she can take us with her since we’re still both minors but that is only if her letter arrived earlier than expected. My grandfather said my sister has a bigger chance than me though and I’m kind of losing hope... any clarifications on this? Thanks.

[Mai Bau 0]

Edit: Just a correction, though. My mom’s priority date was February 24, 2014, not March 19, 2015.

[SusieQQQ 11,586]

40 minutes ago, Mai Bau said:

 

 

Also, I’m 19 years old and my sister’s 18, and my mom said there’s a possibility that she can take us with her since we’re still both minors but that is only if her letter arrived earlier than expected. My grandfather said my sister has a bigger chance than me though and I’m kind of losing hope... any clarifications on this? Thanks.

You and your sister will get some cspa protection, which may or may not prevent you aging out.  Do you know the date when the petition was approved? (Your grandfather would have received an i797 approval notice with this date some years after the petition was filed originally.) It actually has nothing to do with the date of the welcome letter. The important dates are your birth dates, the priority date, the approval date, and the date that a visa eventually becomes available.

[Mai Bau 0]

On 10/4/2020 at 12:17 PM, SusieQQQ said:

You and your sister will get some cspa protection, which may or may not prevent you aging out.  Do you know the date when the petition was approved? (Your grandfather would have received an i797 approval notice with this date some years after the petition was filed originally.) It actually has nothing to do with the date of the welcome letter. The important dates are your birth dates, the priority date, the approval date, and the date that a visa eventually becomes available.

Hello! Does that mean I still have a chance to come with them, then, if ever? My father was expecting that my mom’s letter will arrive any months from now so she can submit her documents and pay fees since my mom’s priority date was just about 4 months away from my aunt (her priority date was October 2013 while mom’s was Feb 24, 2015) has just received hers last month (mailman said her letter arrived last August but was delayed because he couldn’t find our house) and now my aunt is processing her documents and stuff. I’m gonna have to ask my grandfather about that and I’ll let you know. The only paper that my mom has was this paper from NVC, not sure about what my grandfather has, though..

 

also, is there anything that we should do?

[aaron2020 11,651]

Hi,

 

Your mother becomes eligible for an immigration visa when her Priority Date becomes current in Table A Final Action Date of the Visa Bulletin.  https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

If you look at the latest VB for October 2020, the Final Action Date for the Philippines is August 1, 2011.

 

It seems that it took USCIS about a year to approve the I-130 and forward it to the NVC.  This means under the Child Status Protection Act (CSPA), you and your sister have about an extra year after turning 21 before you age out and are no longer eligible derivative beneficiaries.  After age 22, you will not be able to immigrate with your mom.

 

It seems that it may be another 2.5 to 3 years before your mom's PD becomes current.  So, it's extremely close for you.  You may age out.  Your sister may age out too.  There is no way to know if either of you will age out or not.  You have to just be patience and wait.  

 

Your aunt got her letter for further processing based on Table B of the Visa Bulletin.  EVEN IF you and your sister are eligible under Table B to apply for visas, it does not mean that you are actually eligible for the visas.  Ultimately, eligibility for visas depends on Table A.  

I am surprised that your aunt's case is being processed by the NVC since a PD in 2013 in the F2b category for the Philippines is not eligible for further processing according to the current Visa Bulletin. 

Best of luck.  

 

Edited October 5, 2020 by aaron2020

[Mai Bau 0]

15 minutes ago, aaron2020 said:

Hi,

 

Your mother becomes eligible for an immigration visa when her Priority Date becomes current in Table A Final Action Date of the Visa Bulletin.  https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

If you look at the latest VB for October 2020, the Final Action Date for the Philippines is August 1, 2011.

 

It seems that it took USCIS about a year to approve the I-130 and forward it to the NVC.  This means under the Child Status Protection Act (CSPA), you and your sister have about an extra year after turning 21 before you age out and are no longer eligible derivative beneficiaries.  After age 22, you will not be able to immigrate with your mom.

 

It seems that it may be another 2.5 to 3 years before your mom's PD becomes current.  So, it's extremely close for you.  You may age out.  Your sister may age out too.  There is no way to know if either of you will age out or not.  You have to just be patience and wait.  

 

Your aunt got her letter for further processing based on Table B of the Visa Bulletin.  EVEN IF you and your sister are eligible under Table B to apply for visas, it does not mean that you are actually eligible for the visas.  Ultimately, eligibility for visas depends on Table A.  

I am surprised that your aunt's case is being processed by the NVC since a PD in 2013 in the F2b category for the Philippines is not eligible for further processing according to the current Visa Bulletin. 

Best of luck.  

 

I see. Thank you for the clarification! That is the part where I am confused, where my aunt’s paper is being processed by the NVC when that is the situation, that is why I went here to ask and gather information because her PD is somewhat near to my mom’s (4 months). Still confused, though, but we’ll see how it goes. Won’t keep my hopes too high then. Thanks!

Edited October 5, 2020 by Mai Bau

[payxibka 10,045]

6 minutes ago, Mai Bau said:

I see. Thank you for the clarification! That is the part where I am confused, where my aunt’s paper is being processed by the NVC when that is the situation, that is why I went here to ask and gather information because her PD is somewhat near to my mom’s (4 months). Still confused, though, but we’ll see how it goes. Won’t keep my hopes too high then. Thanks!

There is a difference between when paperwork begins to be processed and when a visa number is available.   A case file is opened many months ahead of an anticipated available date.  Once completed,  the case file sits at NVC until an interview can be scheduled 

[Mai Bau 0]

1 minute ago, payxibka said:

There is a difference between when paperwork begins to be processed and when a visa number is available.   A case file is opened many months ahead of an anticipated available date.  Once completed,  the case file sits at NVC until an interview can be scheduled 

Oh, alright. I understand it better now. Thank you very much!!

[ultrasoul 51]

On 10/3/2020 at 11:30 PM, Mai Bau said:

Hello! I’m from PH. My grandfather filed a F2B visa to my mother and her priority date was March 19, 2015. I just recently checked her case status and it says “At NVC”. My aunt who was filed a petition by my grandfather too has just received her Welcome Letter from NVC last month and if I am not mistaken, her priority date is around October 2013. Does somebody have any idea on how long my mom is gonna have to wait until she receives NVC’s Welcome Letter?

 

Also, I’m 19 years old and my sister’s 18, and my mom said there’s a possibility that she can take us with her since we’re still both minors but that is only if her letter arrived earlier than expected. My grandfather said my sister has a bigger chance than me though and I’m kind of losing hope... any clarifications on this? Thanks.

@Mai Bau I'm assuming your mother was divorced or single at the time of the F2B petition filing in 2014 and has continued to remain single to this day is this correct? F2B category is only for unmarried child of an LPR.

 

Given that you and your sister were 13 and 12 at the time of F2B petition filing in 2014, I'm assuming your grandfather had listed both you and your sister as children of your mother when he filed the I-130 petition correct?

Edited October 7, 2020 by ultrasoul

[ultrasoul 51]

@aaron2020 I agree with your comment about being surprised that a PHL F2B priority date 2014 petition receiving the NVC welcome letter this early. Given current visa bulletin dates, it seems like the NVC letter was sent 3 years too early (current date is for F2B Philippines is Aug 2011 priority date).

 

@Mai Bau I'm assuming your grandfather is still an LPR green card holder and has not naturalized yet correct? If either your aunt or mother got married anytime after F2B petition was filed in Oct 2013/ Feb 2014, their F2B petition would then become null and void (because there is no preference/ petition category for a married child of a LPR green card holder). That is unless either one got married after the date your grandfather naturalized as a USC (in which case, their F2B petition would have converted to an F3 petition, adding at least another 10 more years to visa availability given the current Feb 2002 priority date for F3 Philiippines)

Edited October 7, 2020 by ultrasoul

[Mai Bau 0]

6 hours ago, ultrasoul said:

@Mai Bau I'm assuming your mother was divorced or single at the time of the F2B petition filing in 2014 and has continued to remain single to this day is this correct? F2B category is only for unmarried child of an LPR.

 

Given that you and your sister were 13 and 12 at the time of F2B petition filing in 2014, I'm assuming your grandfather had listed both you and your sister as children of your mother when he filed the I-130 petition correct?

Ah, my parents are not married and no,  my grandfather didn’t list us in the petition, sadly. They were thinking that if we’re still minors by the time my mother’s petition gets approved, that’s when they will inform NVC (?) about us so she can bring us along with her.

[Mai Bau 0]

6 hours ago, ultrasoul said:

6 hours ago, ultrasoul said:

@aaron2020 I agree with your comment about being surprised that a PHL F2B priority date 2014 petition receiving the NVC welcome letter this early. Given current visa bulletin dates, it seems like the NVC letter was sent 3 years too early (current date is for F2B Philippines is Aug 2011 priority date).

 

@Mai Bau I'm assuming your grandfather is still an LPR green card holder and has not naturalized yet correct? If either your aunt or mother got married anytime after F2B petition was filed in Oct 2013/ Feb 2014, their F2B petition would then become null and void (because there is no preference/ petition category for a married child of a LPR green card holder). That is unless either one got married after the date your grandfather naturalized as a USC (in which case, their F2B petition would have converted to an F3 petition, adding at least another 10 more years to visa availability given the current Feb 2002 priority date for F3 Philiippines)

Yes, my grandfather’s an LPR green card holder. None of them got married though because they were aware of the petition, so...but thank you for asking though!

[ultrasoul 51]

@Mai Bau 

 

For children born after an I-130 is filed, they can be added add the NVC stage no problem. However, I do not know if NVC will allow the addition of children who were already born at time of I-130 petition filing and should have been listed regardless of whether they were going to immigrate or not but were omitted from the I-130.  I have to defer to someone more knowledge on this forum.

 

To SusieQQQ's and aaron2020's previous points, you need to know the exact date of when your mother's I-130 petition was approved regarding whether CSPA protection can be applied to you and your sister. If your grandfather does not know, you will want to get your mother's USCIS I-130 case number and find it out on htps://egov.uscis.gov/casestatus

 

Regardless given the current F2B Philippines priority date is Aug 2011, your mother's is still a good 2 years from being processed based on her Feb 2014 if there is no retrogression.

 

[Mai Bau 0]

Hi! It’s me again. I posted here about a few weeks ago regarding my mother’s case. Her PD is Feb 25, 2014. I just wanna ask if there’s any way we can do to speed up her case? Me and my family are looking forward to see if me (19) and my sister (18) can go with our mother once she gets her visa. I just want to know if there are things we can do for now to know about the updates and if her papers are being processed or if she’s gonna be receiving her case number and invoice ID soon because my aunt whose PD is October 2013 just received hers last month (which was even supposed to be received last August, not September).

 

also, my grandfather just went back to California yesterday and he said he’s gonna pay for my aunt’s fees and now my aunt is wondering if he’s allowed to pay for my mother’s fees in advance too and get an update with my mother’s case since we don’t know if NVC has already sent her welcome letter along with her case number and invoice ID or not. Somebody clarify please, and advice on what to do.

 

Thanks!

Edited October 19, 2020 by Mai Bau

[aaron2020 11,651]

Hi,

 

You're going to have to be patience.  

There is no way to speed up your mother's case.  There is nothing you can do now.  You will have to wait several more years for the NVC to contact your grandfather to pay the fees once your mother's PD is about to become current in Table B of the Visa Bulletin.  You grandfather can not pay your mother's fees in advance.  He has to wait for the NVC to send him a fee letter.  It's highly unlikely that the NVC has sent a welcome letter for your mother's case since it will be several years before her PD becomes current in Table B of the VB.

 

Sorry.