AOS for my K1 Visa wife; Do I really have to include my NOA2 approval for the I-129F?

[spatial 0]

Ok, another question for the forum. As I mentioned in my last thread, my wife and I are about ready to submit her AOS. We picked up an AOS packet from our local USCIS office, which includes a check list of documents to include. The checklist is nearly identical to the Step-by-Step Guide on How to File for Adjustment of Status for K1 and K3 Visa Holders. One major difference is the inclusion of a copy of my NOA2 approval letter for her I-129F. The VJ guide includes this, my USCIS check list doesn't.

Wouldn't the I-797 Notice of Action form I received, stating that the I-129F was approved, be good enough? Why would the USCIS need the I-129F?

Keep in mind that the instructions for the I-485 make no mention of including a copy of the NOA2 approval.

I searched all over this board for a definitive answer to this question, but the reactions seem mixed. Can anyone with prior AOS approval please chime in? Thanks again.

[YuAndDan 153]

It is required per form I-485 directions, it is proof that you are basing the AOS on a K-Visa process.

I have read of a few that lost the I-129F NOA2 letter and filed an I-824 to get another copy and attached I-864 NOA1 letter to the petition as proof that a replacement was ordered.

Page 5 under Evidence or Eligibility, See B.

"Attach a copy of Fiancee petition approval notice"

http://www.uscis.gov/files/form/i-485instr.pdf

A photo copy of the I-797 Notice of Action form, is what they need.

Edited May 5, 2009 by YuAndDan

[baron555 934]

I can't imagine there would be any harm to include a copy of the NOA2; it's only one page.

[Bobby+Umit 161]

Ok, another question for the forum. As I mentioned in my last thread, my wife and I are about ready to submit her AOS. We picked up an AOS packet from our local USCIS office, which includes a check list of documents to include. The checklist is nearly identical to the Step-by-Step Guide on How to File for Adjustment of Status for K1 and K3 Visa Holders. One major difference is the inclusion of a copy of my NOA2 approval letter for her I-129F. The VJ guide includes this, my USCIS check list doesn't.

Wouldn't the I-797 Notice of Action form I received, stating that the I-129F was approved, be good enough?

Yes, this is the NOA 2.

Why would the USCIS need the I-129F?

They don't.

Keep in mind that the instructions for the I-485 make no mention of including a copy of the NOA2 approval.

As pointed out by Yu and Dan - it does.

I searched all over this board for a definitive answer to this question, but the reactions seem mixed. Can anyone with prior AOS approval please chime in? Thanks again.

[spatial 0]

^^^So does this mean that the I-797 Notice of Action and the I-129F/NOA2 are one and the same? Because I've been pulling my hair out trying to remember if I ever received an additional letter. I've been under the impression that they were two separate forms/notices.

Edited May 5, 2009 by spatial

[emi82 0]

You should have received 2 NOA's. The one what USCIS asks about is the second one. My husband said that he's never get it so i didnt attached anything.The proof that you are basing the AOS on a K-Visa process its copy of your K-Visa (u have to attach it anyway) My lawer said that its not a big deal b/c i have K-Visa in my passport so thats the best proof!

Ofcourse you can fill out an I-824 but if i m not wrong it's gonna cost you over $300

[Bobby+Umit 161]

^^^So does this mean that the I-797 Notice of Action and the I-129F/NOA2 are one and the same? Because I've been pulling my hair out trying to remember if I ever received an additional letter. I've been under the impression that they were two separate forms/notices.

Yes - the I-797C is considered the NOA 1 (which means they acknowledge receipt of your petition)

The I-797 is considered the NOA 2 (where they acknowledge approval of the petition)

Here is a link from this forum with pictures!

I-797

[angie007 0]

yap ..you gotta include it..like barron said,it's just a piece of paper and it wouldn't hurt to include it...it's better to have more than they ask for than not having enough..you will get an RFE and it's going to delay your processing time

[Nich-Nick 3,353]

^^^So does this mean that the I-797 Notice of Action and the I-129F/NOA2 are one and the same? Because I've been pulling my hair out trying to remember if I ever received an additional letter. I've been under the impression that they were two separate forms/notices.

Yes, they are the same...the form/notice/paper that says your were approved aka NOA2. Send a photocopy of it with AOS.

[pwayne 0]

Ok, another question for the forum. As I mentioned in my last thread, my wife and I are about ready to submit her AOS. We picked up an AOS packet from our local USCIS office, which includes a check list of documents to include. The checklist is nearly identical to the Step-by-Step Guide on How to File for Adjustment of Status for K1 and K3 Visa Holders. One major difference is the inclusion of a copy of my NOA2 approval letter for her I-129F. The VJ guide includes this, my USCIS check list doesn't.

Wouldn't the I-797 Notice of Action form I received, stating that the I-129F was approved, be good enough? Why would the USCIS need the I-129F?

Keep in mind that the instructions for the I-485 make no mention of including a copy of the NOA2 approval.

I searched all over this board for a definitive answer to this question, but the reactions seem mixed. Can anyone with prior AOS approval please chime in? Thanks again.

That is fine! That is what they are looking for. They want to see your k1 was approved, I lost my notice of approval and went to the website for uscis and typed in my receipt number, and it said they mailed me a approval notice for a I129f visa , I just copied this and sent it in with a letter saying I had lost my notice, and everything went through for me no problem. My wife went back before her interview and now I am starting all over with K3 visa. her interview would have been 04/29/08. Now we are apart another 6-8 months until new visa goes through

[Bobby+Umit 161]

Ok, another question for the forum. As I mentioned in my last thread, my wife and I are about ready to submit her AOS. We picked up an AOS packet from our local USCIS office, which includes a check list of documents to include. The checklist is nearly identical to the Step-by-Step Guide on How to File for Adjustment of Status for K1 and K3 Visa Holders. One major difference is the inclusion of a copy of my NOA2 approval letter for her I-129F. The VJ guide includes this, my USCIS check list doesn't.

Wouldn't the I-797 Notice of Action form I received, stating that the I-129F was approved, be good enough? Why would the USCIS need the I-129F?

Keep in mind that the instructions for the I-485 make no mention of including a copy of the NOA2 approval.

I searched all over this board for a definitive answer to this question, but the reactions seem mixed. Can anyone with prior AOS approval please chime in? Thanks again.

That is fine! That is what they are looking for. They want to see your k1 was approved, I lost my notice of approval and went to the website for uscis and typed in my receipt number, and it said they mailed me a approval notice for a I129f visa , I just copied this and sent it in with a letter saying I had lost my notice, and everything went through for me no problem. My wife went back before her interview and now I am starting all over with K3 visa. her interview would have been 04/29/08. Now we are apart another 6-8 months until new visa goes through

Wow - they usually make you buy a new one if you can't provide it.

[pwayne 0]

Ok, another question for the forum. As I mentioned in my last thread, my wife and I are about ready to submit her AOS. We picked up an AOS packet from our local USCIS office, which includes a check list of documents to include. The checklist is nearly identical to the Step-by-Step Guide on How to File for Adjustment of Status for K1 and K3 Visa Holders. One major difference is the inclusion of a copy of my NOA2 approval letter for her I-129F. The VJ guide includes this, my USCIS check list doesn't.

Wouldn't the I-797 Notice of Action form I received, stating that the I-129F was approved, be good enough? Why would the USCIS need the I-129F?

Keep in mind that the instructions for the I-485 make no mention of including a copy of the NOA2 approval.

I searched all over this board for a definitive answer to this question, but the reactions seem mixed. Can anyone with prior AOS approval please chime in? Thanks again.

That is fine! That is what they are looking for. They want to see your k1 was approved, I lost my notice of approval and went to the website for uscis and typed in my receipt number, and it said they mailed me a approval notice for a I129f visa , I just copied this and sent it in with a letter saying I had lost my notice, and everything went through for me no problem. My wife went back before her interview and now I am starting all over with K3 visa. her interview would have been 04/29/08. Now we are apart another 6-8 months until new visa goes through

Wow - they usually make you buy a new one if you can't provide it.

I called uscis and the officer I talked with said it should not be a problem just tell them you lost it and give them your receipt number and they can pull it from your files, but I copied the notice from the uscis saying they sent me a approval notice and it went through! Maybe I was lucky LOL I do not know!

[emi82 0]

Honestly that is so stupid, they ask for your K1 visas NOA and in the same time thay want copy of your K1 visa. So its obvious that if you have K1 visa you have been approved.Too much bureaucracy!!!

[Krikit 1,163]

That is fine! That is what they are looking for. They want to see your k1 was approved, I lost my notice of approval and went to the website for uscis and typed in my receipt number, and it said they mailed me a approval notice for a I129f visa , I just copied this and sent it in with a letter saying I had lost my notice, and everything went through for me no problem. My wife went back before her interview and now I am starting all over with K3 visa. her interview would have been 04/29/08. Now we are apart another 6-8 months until new visa goes through

Wow - they usually make you buy a new one if you can't provide it.

I haven't seen where anyone was made to buy a new one. (But that doesn't mean your statement is false.... just saying I haven't seen an example of this.) I am one of many many people who did not receive or lost their NOA2 and we all AOS'd without one.

[Bobby+Umit 161]

That is fine! That is what they are looking for. They want to see your k1 was approved, I lost my notice of approval and went to the website for uscis and typed in my receipt number, and it said they mailed me a approval notice for a I129f visa , I just copied this and sent it in with a letter saying I had lost my notice, and everything went through for me no problem. My wife went back before her interview and now I am starting all over with K3 visa. her interview would have been 04/29/08. Now we are apart another 6-8 months until new visa goes through

Wow - they usually make you buy a new one if you can't provide it.

I haven't seen where anyone was made to buy a new one. (But that doesn't mean your statement is false.... just saying I haven't seen an example of this.) I am one of many many people who did not receive or lost their NOA2 and we all AOS'd without one.

There are a couple of posts on this forum and others where the people call USCIS about it, and they are told to buy a new one...

Maybe that is the difference, they didn't call USCIS and just went commando? Or USCIS cannot prove it was sent to your address?

Josunbaba had to pay 824

From the USCIS:

You may wish to ask for a duplicate notice of approval if you have found out that your application or petition has been approved and:

•You need a new copy to replace a lost copy, or

•You never received the original notice of approval.

If USCIS records show that a notice of approval was sent to your address, you must file a Form I-824 (Application for Action on an Approved Application or Petition) with the appropriate fee to get a duplicate approval notice

USCIS replacement