NOA I 130 never received

[Trefletatoo 4]

Hello everybody,

This site has been so helpful to me thank you for all your great advises.

I just got my all package I485 and the rest back because I don't have the NOA from my I 130 that is pending.

Before sending my all package I called and they told me to send a print out of my pending I 130, a letter explaining that I never received it, a copy of the delivery confirmation from the post office and a copy of form I 797 C notice of action cause I send an extra file which I did.

Now today I called and they told me to filled I 824 for a duplicate of NOA I 130 and a fee of 405 $.

Is there any other way, this is crazy I never got that NOA.....

Please help me I can't pay another 405$ because I am not working of course.......

[grrrrreat 109]

Hello everybody,

This site has been so helpful to me thank you for all your great advises.

I just got my all package I485 and the rest back because I don't have the NOA from my I 130 that is pending.

Before sending my all package I called and they told me to send a print out of my pending I 130, a letter explaining that I never received it, a copy of the delivery confirmation from the post office and a copy of form I 797 C notice of action cause I send an extra file which I did.

Now today I called and they told me to filled I 824 for a duplicate of NOA I 130 and a fee of 405 $.

Is there any other way, this is crazy I never got that NOA.....

Please help me I can't pay another 405$ because I am not working of course.......

The information you got is incorrect because I-824 cannot be used to request a NOA1 for a pending I-130, as the instructions on that form state. Something isn't adding up with the instructions you're getting. Are you talking to a tier 2 operator? Are you sure that they understand that your I-130 is pending, not approved?

What are you adjusting from? When did you file I-130? Any particular reason you didn't do it concurrently? Can you wait until the I-130 is approved, so you can send the NOA2 instead?

Edited June 5, 2012 by grrrrreat

[Trefletatoo 4]

The information you got is incorrect because I-824 cannot be used to request a NOA1 for a pending I-130, as the instructions on that form state. Something isn't adding up with the instructions you're getting. Are you talking to a tier 2 operator? Are you sure that they understand that your I-130 is pending, not approved?

What are you adjusting from? When did you file I-130? Any particular reason you didn't do it concurrently? Can you wait until the I-130 is approved, so you can send the NOA2 instead?

I am filling as a spouse of an American citizen and when I started I difn't know that I could filed everything together....didn't know that website by then!

Waiting for me has been hard cause my husband is the only one working and we have 2 kids.

It is so hard for us financially right now, we live in one bedroom apartment the 4 of us can't afford a car and school for my kids. This is crazy!

Yesterday someone told me to filled I 824 and yes I told him that I 130 was pending, I tried to call today but regarding I 130 they need to speak to my husband. I will call with him tomorrow and I will go to an info pass appointment cause I don't know anymore....

[grrrrreat 109]

I am filling as a spouse of an American citizen and when I started I difn't know that I could filed everything together....didn't know that website by then!

Waiting for me has been hard cause my husband is the only one working and we have 2 kids.

It is so hard for us financially right now, we live in one bedroom apartment the 4 of us can't afford a car and school for my kids. This is crazy!

Yesterday someone told me to filled I 824 and yes I told him that I 130 was pending, I tried to call today but regarding I 130 they need to speak to my husband. I will call with him tomorrow and I will go to an info pass appointment cause I don't know anymore....

Yes, I wouldn't file I-824 since the instructions specifically say it can't be using with pending I-130s. It is for if someone's I-130 is approved and they need a new NO2.

It was frustrating that they rejected your I-485. Hopefully if your husband attends an infopass appointment they will help him straighten it out. I would try to make sure you're talking to a "Tier 2" person as they have more power to straighten things out.

Worst case scenario is you wait for I-130 to be approved and then submit I-485 with your NOA2, or withdraw the pending I-130 and submit a new, concurrent I-130 and I-485.

Edited June 5, 2012 by grrrrreat

[Trefletatoo 4]

Can I submit a new I 130 if I have already a pending one? What about the fee I have to pay again.

I would call again tomorrow with my husband and also go to info pass, cause it is very confusing.

What is a tier 2 person?

[grrrrreat 109]

Can I submit a new I 130 if I have already a pending one? What about the fee I have to pay again.

I would call again tomorrow with my husband and also go to info pass, cause it is very confusing.

What is a tier 2 person?

First try to resolve it again with USCIS. Someone gave you bad instructions because they suggested I-824, but that form is only for people who have an I-130 that is already approved. So let them know that and see if they will let you submit the I-485 another way.

A Tier 2 operator, if you call USCIS on the phone, is someone with more power than the operators that you ordinarily reach. The ordinary operators can look up information, but they cannot usually take any action on your petition or application. So if the first operator cannot solve your problem, ask to speak with their supervisor.

If working with USCIS fails, consider asking them whether you can withdraw your pending I-130 and resubmit the I-130 and I-485 at the same time. If they will let you, you will have to pay another I-130 fee likely, but you have a better shot at getting an employment authorization document and ultimately LPR status faster. Alternatively, I would wait until the I-130 is approved and then you can submit your I-485 with a copy of the NOA2. This will take longer but you won't have to pay the I-130 fee again. It just depends on how long you want to wait and how much money you can afford to spend.

[Trefletatoo 4]

Yes, I wouldn't file I-824 since the instructions specifically say it can't be using with pending I-130s. It is for if someone's I-130 is approved and they need a new NO2.

It was frustrating that they rejected your I-485. Hopefully if your husband attends an infopass appointment they will help him straighten it out. I would try to make sure you're talking to a "Tier 2" person as they have more power to straighten things out.

Worst case scenario is you wait for I-130 to be approved and then submit I-485 with your NOA2, or withdraw the pending I-130 and submit a new, concurrent I-130 and I-485.

So finally I resubmitted the all case with a big letter explaining that I have a pending I 130, copy of my case status on line and copy of my all I 130 package,I hope this time they will take it.

They advise me to do like that at the info pass and when I called USCIS this morning.

Now the wait is back on.

Thanks for all your help.

[grrrrreat 109]

So finally I resubmitted the all case with a big letter explaining that I have a pending I 130, copy of my case status on line and copy of my all I 130 package,I hope this time they will take it.

They advise me to do like that at the info pass and when I called USCIS this morning.

Now the wait is back on.

Thanks for all your help.

Hope it works out this time.

[Trefletatoo 4]

Hope it works out this time.

Thank you, me too!