Case approved, but NOA2 was lost. Welcome suggestions!

[JKB 0]

Summation of facts:

-Applied for I-129f

-Received NOA1 on in late February 2010

-Moved on June 25th, 2010 and called USCIS on June 22 to change address. Was told they no longer have my case it has been forwarded to NVC

-Received email and TM on June 23 stating my case had been approved on June 11th.

-Having not received the NOA2 after several weeks called USCIS and was told NOA2 is not really needed it is just informational, did not follow up on NOA2.

-July 9th started looking into process once my fiance arrives (ie getting her a SSN, marriage, etc). Noticed information on AOS and them needing the NOA2.

-Called later in the day and was told USCIS will send another NOA2 at no charge if it is returned to them by the post office as undelivered. If I move (which I did) they may send another NOA2 at no charge at their discretion.

-Received email from USCIS saying they have concluded the NOA2 must have been lost and that I can use a copy of the notice on their webiste for my own purposes or apply for a new NOA2 for legal purposes using Form I-824.

So now I want to get the NOA2, I have requested to speak to a supervisor 3 times but each time they are busy. I plan to call back tonight to speak to a supervisor. I am very upset that I have to pay $340 for a piece of paper which was never delivered to me in the first place. I am also upset that it may take up to 6 months to receive it. This level of inefficiences make me very upset. I plan to state my case to the supervisor, record their name and number, and if I am not satisfied ask if they can give me their supervisor's number as well and tell them I am documenting this information and will be in touch with my Congressman.

-I have contacted my Congressman who's representative is on holiday for the week. I expect to talk to them early next week if this matter is not resolved to my liking.

Does anyone have any further suggestions? Should I just pay the fee? It makes me so upset to pay that much money and wait that long for a piece of paper, when they KNOW the case has been approved. But, the most important thing is getting the documentation required so my fiance and I can start our new life together.

Any suggestions or comments are greatly appreciated!

[Darnell 8,478]

You can also just submit the form without (repeat) WITHOUT PAYMENT -

and on the form, write in red sharpie, at the top and bottom -

'form mis-mailed by USCIS'

then include a cover letter stating that you never received it, and that you DID change your address in a timely fashion.

IMO, the thing that is broken, is that the change of address UPDATE is never in real time, is NEVER PUSHED into the data system that generates the letters, either.

Good Luck !

[Nik+Heather 121]

There have been others who have successfully AOSed with this same issue.

Here is just one thread documenting one couple's saga. I don't remember what all went on, but I'm sure it's in there. They got approved in the end.

http://www.visajourn...os-without-noa2

Here is another: I'm not sure if they ever updated the end of the story in there, but if you check the OP's timeline, they say their AOS was approved there.

http://www.visajourn...g-noa2-for-aos/

Edited August 11, 2010 by Nik+Heather

[JKB 0]

Thanks you all for your help and insight, it is greatly appreciated.

[Merrytooth 5,748]

Hello,

I previously replied to another post about the missing NOA2 for AOS:

http://www.visajourney.com/forums/topic/256531-never-received-noa1-or-noa2-in-the-mail/

In short,

We sent out the I-824 forms without the fees, letter to explain the situation and evidences of K1 petition.

Unfortunately, the I-824 form was returned to us one and half month later for "I-824 fees not included".

For the AOS,

I did a write up to explain the whole situation, and in lieu of the I-797 approval notice (NOA2), I submit

- National Visa Center letter,stated that the I-129F was approved and that the petition will be forwarded to the consulate.

- Infopass letter & the USCIS computer print out(by the local USCIS officer) shown the I-129F petition was approved.

- US Consulate processing K1 visa letter

- my K1 visa stamp & I-94 entry stamp

- USCIS website case status online print out, showing the I-129F was approved.

- NOA1, receipt to show that we did file for the I-129F petition

- USCIS case status update emails

My AOS I-485 was accepted and transferred to CSC for processing, no AOS interview. There was no RFE for the missing NOA2.

My AOS I-485 was approved within 3 months.

I would suggest you included in your AOS package the email from USCIS saying they have concluded the NOA2 must have been lost

and that you can use a copy of the notice on their website. I thought contacting the Congressman will be the last resort should there be RFE for the missing NOA2.

Good Luck!