USCIS refusing to send I-797 for AOS

[Sam.S 0]

I just got off a very long and very frustrating phone call with USCIS. My husband is on a K1 and we submitted his AOS packet July 19. We received the Biometrics Appointment Letter in the mail, but we never received the first I-797 Receipt Notice. I called USCIS to ask for it, and they confirmed that they NEVER sent out a receipt notice (NOA1), but also flat-out refused to send that to us. I went in circles with them on the phone and got nowhere. 

 

I am extremely worried because it's my understanding that the I-797 Receipt Notice is basically my husband's only proof of legal status in the US once his K1 visa expires. We travel regularly around the US and pass border checkpoints (such as between Phoenix and California) frequently, where they have asked after his immigration status before. He is visibly latino and is still learning English, and given recent events I am very distressed that he'll just be walking around with a K1 visa that's "expired" and have no I-797 to show he has a petition received by USCIS. 

 

Is this an issue? Should I keep trying to get a I-797 sent or is it a lost cause? 
 

Thanks so much for any advice. 

[jeanieCZ 228]

9 minutes ago, Sam.S said:

I just got off a very long and very frustrating phone call with USCIS. My husband is on a K1 and we submitted his AOS packet July 19. We received the Biometrics Appointment Letter in the mail, but we never received the first I-797 Receipt Notice. I called USCIS to ask for it, and they confirmed that they NEVER sent out a receipt notice (NOA1), but also flat-out refused to send that to us. I went in circles with them on the phone and got nowhere. 

 

I am extremely worried because it's my understanding that the I-797 Receipt Notice is basically my husband's only proof of legal status in the US once his K1 visa expires. We travel regularly around the US and pass border checkpoints (such as between Phoenix and California) frequently, where they have asked after his immigration status before. He is visibly latino and is still learning English, and given recent events I am very distressed that he'll just be walking around with a K1 visa that's "expired" and have no I-797 to show he has a petition received by USCIS. 

 

Is this an issue? Should I keep trying to get a I-797 sent or is it a lost cause? 
 

Thanks so much for any advice. 

Did they give you a reason why they refuse to send the NOA1 ?

[Moon&Stars 172]

I'm not an expert, but check the biometric notice. It may make the I-797 redundant. I don't have our letters in front of us, but I'm pretty sure the biometric letter had the same thing at the NOA1 with the addition of the appointment.

[HRQX 4,145]

3 minutes ago, Moon&Stars said:

I'm pretty sure the biometric letter had the same thing at the NOA1 with the addition of the appointment.

Certain key differences between the I-485 receipt notice and the ASC Appointment Notice.

[Sam.S 0]

2 minutes ago, jeaniecz said:

Did they give you a reason why they refuse to send the NOA1 ?

No, simply kept repeating that we "didn't qualify for a duplicate notice" since we had the Biometrics Appointment letter. I explained, it's not a "duplicate notice" if you just confirmed to me that you never sent the first one... Again, she just repeated that "That is not grounds to send the notice". 

 

2 minutes ago, Moon&Stars said:

I'm not an expert, but check the biometric notice. It may make the I-797 redundant. I don't have our letters in front of us, but I'm pretty sure the biometric letter had the same thing at the NOA1 with the addition of the appointment.

The Biometrics Appointment letter doesn't say anything about our I-485 being received.  It just says report for an appointment on XX date. It has two MSC numbers on it though. 

[K1visaHopeful 2,655]

Call again and ask to speak to a Tier 2.

Or submit an enquiry here:

 

https://egov.uscis.gov/e-request/Intro.do

 

I would do both.

[HRQX 4,145]

31 minutes ago, Sam.S said:

Should I keep trying to get a I-797 sent or is it a lost cause?

Do what @K1visaHopeful said ^^^.

32 minutes ago, Sam.S said:

We travel regularly around the US and pass border checkpoints (such as between Phoenix and California) frequently, where they have asked after his immigration status before.

Was it the BP internal checkpoint on eastbound I-8? 

 

[Moon&Stars 172]

23 minutes ago, Sam.S said:

No, simply kept repeating that we "didn't qualify for a duplicate notice" since we had the Biometrics Appointment letter. I explained, it's not a "duplicate notice" if you just confirmed to me that you never sent the first one... Again, she just repeated that "That is not grounds to send the notice". 

 

The Biometrics Appointment letter doesn't say anything about our I-485 being received.  It just says report for an appointment on XX date. It has two MSC numbers on it though. 

That is my point, it sounds like they are saying the biometric notice takes the place of the NOA1. But if the letter doesn't indicate on it that you have filed for AOS & your case number, it won't suffice. Calling back and getting someone different can always yield different results. Maybe another person can get you the letter re-sent.

[Sam.S 0]

12 minutes ago, K1visaHopeful said:

Call again and ask to speak to a Tier 2.

Or submit an enquiry here:

 

https://egov.uscis.gov/e-request/Intro.do

 

I would do both.

 

Thanks so much, I'll try this. 

4 minutes ago, HRQX said:

 

Was it the BP internal checkpoint on eastbound I-8?

 

Yes, internal checkpoints on Westbound and Eastbound I-8. The westbound checkpoint was between Yuma and San Diego, I can't remember where exactly the Eastbound checkpoint was. 

[paulsquare 76]

your case number should be in the biometrics notice at the bottom part with bar code for each i-485 and i-765.