Is I-797 necessary to apply for residence after marriage?

[kcal 0]

I never received Form I-797, only a letter stating that the State Dept. Visa Center had received an approved I-129F and the petition would be forwarded to the foreign embassy. Everything went smoothly, my fiance was approved, and our marriage was last week. Now I am attempting to file Form I-485 which will allow her to remain in the country. The instructions state that I must "attach a copy of the fiance petition approval notice." All of my research, including much on this site, says that I absolutely must keep and attach a copy of Form I-797 (which is apparently also called NOA2). Sample photos show a document that is printed on formal watermarked paper, much like a Treasury Bill. After I first submitted my I-129F, I did receive a form I-797C on this type of paper, but that "C" form merely stated that my initial petition and payment had been received. The only other mailing that I received was the letter which contained no form number at all, although it did have a bar code in the upper right hand corner.

I called the USCIS and was eventually told that I only needed to attach a copy of that letter to Form I-485. She said that sometimes they use different ways to notify me of the approval and forwarding to the embassy. She said that the letter was the same as Form I-797. I hope that is true, but she sounded somewhat less than certain. Has anyone else encountered this issue?

[khwaidee1 196]

It is the same form, the I-797C, Notice of Action (NOA1)is basically your receipt saying they got your petition and application fee. The I-797 Notice of Action (NOA2) is on the same form and both have bar codes. the "Notice Type" should read "Approval Notice" in the upper right portion. You should have received this before your petition was sent to the NVC. I have read that it costs like $500.00 for them to issue a duplicate NOA2. Good luck.

[C-ma'am 684]

It is the same form, the I-797C, Notice of Action (NOA1)is basically your receipt saying they got your petition and application fee. The I-797 Notice of Action (NOA2) is on the same form and both have bar codes. the "Notice Type" should read "Approval Notice" in the upper right portion. You should have received this before your petition was sent to the NVC. I have read that it costs like $500.00 for them to issue a duplicate NOA2. Good luck.

Yes! They charge you about $500 and take about 3 months to send it to you. So, keep it safe!

[kcal 0]

Yes! They charge you about $500 and take about 3 months to send it to you. So, keep it safe!

I appreciate the response, but obviously neither of you read my original post. It is rather difficult to "keep it safe" if it is never sent to me! My question is whether the letter that was sent to me is, in fact, the same as a I-797 printed on the nicer paper. That was what I was told when I called the USCIS, but I am hoping that someone else has received a letter with a barcode instead of a Form I-797 printed on the fancy paper. Or have others received both a formal Form I-797 AND the letter? Has anyone submitted a similar letter with their I-485 instead of attaching a document that explicitly states it is a Form I-797?

[dukeandduchess 141]

"only a letter stating that the State Dept. Visa Center had received an approved I-129F"

So this letter you received is just on plain paper?

[kcal 0]

"only a letter stating that the State Dept. Visa Center had received an approved I-129F"

So this letter you received is just on plain paper?

Yes, it is just on plain paper. It is written exactly like a business letter except for the barcode in the upper right hand corner and a smaller (different) barcode between the Receipt Number and the Case Number. I have attached a photocopy of that letter.

[C-ma'am 684]

Guilty as charged! I hadn't read your post, I merely reinforced the information about losing your copy. I assumed the previous poster that replied... my apologies.

Yes, it is necessary but you may get away with it, by sending what you've got.

We received the letter you got + the i-797 in the same envelope.

I would include a copy of the letter you've got. Have you tried contacting USCIS?

Edited August 15, 2012 by Celeste & C

[Kathryn41 3,205]

Topic has been moved from the K-1 forum to the AOS forum as the question relates to an AOS question, not a K-1 question, and is more appropriately addressed in this forum