NOA2 letter for K3 ... is it needed? Help please ...

[SteveColo 0]

A few of you know my story ... but to refresh, our K3 was approved and sent to the NVC. The NVC received it February 17th and promptly placed us in the wonderful world of administrative processing

We never received an actual approval letter (I-797C I believe) from the USCIS. We have 2 approved I-130's as well at the NVC and never received NOA2 letters for them either

For immediate economic reasons, we are pursuing the K3. (please do not post "you should pursue the CR1 instead, it's a better visa". I've already posted in the threads why we are going K3)

We do not need this letter for the interview in Kiev ... whenever that may be ...

I contacted the USCIS and was politely told to file a I-824 (at a cost of $340 EACH) for duplicate copies of the NOA2's. I don't want any damn duplicates I want the originals that the USCIS owes me. They have no proof they were ever mailed to me and we are fighting about that.

I guess my MAIN question here is: At what point during this whole process will I actually NEED this letter? I mean, isn't it kind of redundant? When we go to Adjust Status, or whatever else down the road, doesn't the fact that my wife has her K3 and is in this country with a K3 visa in her passport prove the fact we were approved? DUH!

Before I really stir up a hornet's nest about this, is this this something I actually have to worry about?

Thanks for your replies

[Gary and Alla 3,694]

A few of you know my story ... but to refresh, our K3 was approved and sent to the NVC. The NVC received it February 17th and promptly placed us in the wonderful world of administrative processing

We never received an actual approval letter (I-797C I believe) from the USCIS. We have 2 approved I-130's as well at the NVC and never received NOA2 letters for them either

For immediate economic reasons, we are pursuing the K3. (please do not post "you should pursue the CR1 instead, it's a better visa". I've already posted in the threads why we are going K3)

We do not need this letter for the interview in Kiev ... whenever that may be ...

I contacted the USCIS and was politely told to file a I-824 (at a cost of $340 EACH) for duplicate copies of the NOA2's. I don't want any damn duplicates I want the originals that the USCIS owes me. They have no proof they were ever mailed to me and we are fighting about that.

I guess my MAIN question here is: At what point during this whole process will I actually NEED this letter? I mean, isn't it kind of redundant? When we go to Adjust Status, or whatever else down the road, doesn't the fact that my wife has her K3 and is in this country with a K3 visa in her passport prove the fact we were approved? DUH!

Before I really stir up a hornet's nest about this, is this this something I actually have to worry about?

Thanks for your replies

When you will need it would be the AOS.

This problem could resolve itself Steve. The recalcitrant NOA2s may show up at some time. My advice is PROCEED! When your family arrives, file the AOS, without the NOA2 if you must. Maybe they will magically appear by that time. You may, or may not, get an RFE and I think you could handle it easier at that time. They will NOT deport your family because of this and it could be worked out then. Certainly you should not have to pay a fee for a document you never received, and they have no proof of sending. I would say fight that battle when it is needed, I think you have plenty to do for now. We were never asked for the NOA2 at the interview, if it wasn't approved it wouldn't be in Kiev, likewise your reasoning above. I would think by the time you reach the AOS stage USCIS will realize this also.

And let me say, I am really sorry you have had such a "snake-bit" experience Steve. I hope for the speedy conclusion of this so you and Ksenia can be joined again soon.