NOA:2 help!

[Subee9 1]

Does Notice of approval (NOA:2) have to be included in the AOS package. I haven't received my official notice of approval yet. (although i have received email and text messages)

[Ryan H 3,790]

No

[Subee9 1]

So, I never received NOA:2 letter after my i130 was approved. I only received an email confirmation that my case was approved. So when I found out about NOA:2 ( about 5 months ago) I immediately applied for i824 form to get a copy of NOA:2. Processing time for i824 is 3 months, its been 5 months already. I talked to USCIS and they told me that there was a delay and they need 40 more days to deliver my NOA:2. I thought I had 2 months until my priority date was current. But this months bulletin moved quickly from Dec '13 to march '14. My priority date is Feb 27 2013, which means I am eligible to apply for AOS. When I spoke with USCIS about this they told me to make an info pass to see IO and see if there is any way around it. My question is does anyone have any experience with this kind of situation. Do you absolutely need NOA:2 while filing i485 or they take email confirmation (NOA:1) or something of that sort. BTW my category is F2A. Thank you guys in advance.

Edited August 14, 2015 by Subee9

[Pitaya 2,576]

~Attempted thread hijack removed~

[KayDeeCee 4,891]

From the I-485 instructions >

10. Evidence of eligibility

A. Based on an immigrant petition

Attach a copy of the approval notice for an immigrant
petition that makes a visa number immediately
available to you, or submit a complete relative,
special immigrant juvenile, or special immigrant
military petition that, if approved, will make a visa
number immediately available to you.

~ Moved from AOS from Family Based Visas to Bringing Family Members of Permanent Residents to America - F2A case~

[Subee9 1]

Thank you for your response Kaydeecee, I am aware of that part of i485 instruction. Just wanted to know if anyone without a copy of approval notice had done things differently. I am asking this because I talked to a level 2 USCIS officer and he told me that I could apply i485 without approval notice and write a letter with a i130 receipt number explaining the fact that my case has been approved. I even chatted with lawyers from AVVO website. 3 of the lawyers said the same thing. They said that I could just send i-130 receipt notice, email confirmation, online approval proof from USCIS website, and since I had applied for I-824 to get a copy of approval letter, a copy of that in place of NOA:2.

So, I was looking to see if there are people who had done this and what was their experience.

In case you wondering why don't I just wait for a copy of approval letter to arrive. Well its been 5 months (I should've gotten it in max 3 months a/c to the USCIS website) and they are telling me that it is going to take even longer and they don't know how long and my priority date is current already. Hence the urgency.

[KayDeeCee 4,891]

Then send a copy of all those things and try it. Those adjusting from a K-1 visa need the approval notice from their I-129F petitions, but those without it have used alternate documents, like you are speaking of for your I-130, and they got approved.

[Subee9 1]

Aright! Thank you very much.

[Subee9 1]

Can You please explain what I need to submit instead of NOA:2 ?

[Pitaya 2,576]

~Same/similar-themed threads merged~

~There is no need for start a new thread for same-smiliar-themed topic, continue ongoing thread~

Pitaya

VJ Moderation

[KayDeeCee 4,891]

Can You please explain what I need to submit instead of NOA:2 ?

Send the I-130 receipt notice, online approval notice from the USCIS, and a copy of the I-824 and receipt notice for it to show you have tried to get a copy. Just show them that your I-130 was in fact approved. Explain that you never received a hard copy of your I-130 approval notice to begin with.

[Subee9 1]

Thank you KDC!