Filed I130 online and no receipt notice (no mail, no PDF copy online). Need to file I-485 (AOS). What to do?

[veryniceguy 2]

HI. My Husband filed my petition online (I-130) in hopes of getting the Receipt notice immediately, and save papers when mailing the I-485 (AOS) concurrently. However, it has been 40 days and no mail of the receipt notice received, and no PDF file of the receipt notice available for printing on his online USCIS account. We only have the receipt number as provided on the online status ("Case Received and notice of receipt has been sent"). My husband is a US. I am from Brazil. This is my second time to visit US and decided to stay for good. my I-94 recent travel has stay validity until July 2025 though. We are very anxious on how long can be a concurrent filing be accepted since we cant mail the I-485 without the actual copy of the receipt notice. We now regret this move and should've just filed I-130 by paper together with I-485 as concurrent. 

We are wondering if a receipt number is enough, and writing a statement to explain why there's no notice of receipt received to be attached on the concurrent filing, and provide the payment receipt of the online I130 and the page copy of the online USCIS account of my husband that details the status, history, and receipt number of the online I130 filed. Reddit and Youtube are not helpful either. 

If someone had a similar situation, I would greatly appreciate if you share your experience, and provide the steps you took with this situation. 

[Dashinka 25,602]

To the best of my knowledge, you need a copy of the I130 NOA to submit with the I485 package.  I would keep checking the online account and documents section, or hopefully it will show up in the mail soon.  Has there been any recent address changes?

 

Good Luck!

[Edward and Jaycel 1,657]

What you should do depends on your risk tolerance... If you feel adamant about getting the I-485 filed before your I-94 expires (this would be me because I do not tolerate much risk in this process) and you do not receive the receipt in the mail in the next few days, then I would do the following:
1. Have your husband write a letter to USCIS referencing the receipt number for the I-130 and telling them that he wishes to withdraw the petition and asking them to stop processing it.

2. Upload that letter to the Unsolicited Evidence section of the petition on his my.uscis.gov portal under the category "Withdrawal Request Letter". 

3. Also send the letter to the Service Center that is currently processing the request - My assumption would be it's the NBC. He can find out for sure by going to the "Ask Emma" chat on USCIS.gov and selecting the option to chat with a live agent.

4. File a new package with both applications in the same envelope concurrently

The downside to this is that you lose the filing fee paid on the original I-130 

 

The Second option is to file an E-Request for Non-Delivery of Notice with USCIS and ask for the receipt notice that was not delivered at https://egov.uscis.gov/e-request/ndn

Once that is received, then file the I-485 with the replacement letter.

Unlawful presence is forgiven from a spouse of a US Citizen when Adjusting Status however....

Downside here is that you are deportable in between the time your I-94 expires and you file the I-485  AND  they may or may not get the replacement I-130 Receipt Notice to you expeditiously or even at all and you've wasted time waiting.

 

Those are the two options for you as I see it...

[Crazy Cat 43,929]

3 minutes ago, Edward and Jaycel said:

Downside here is that you are deportable in between the time your I-94 expires

I just watched an interview where the acting director of ICE said they are going after anyone who has overstayed. 

[Edward and Jaycel 1,657]

13 minutes ago, Crazy Cat said:

I just watched an interview where the acting director of ICE said they are going after anyone who has overstayed. 

 

Yeah they are not playing... which is why my risk tolerance is pretty much zero 

[veryniceguy 2]

Quote

Has there been any recent address changes?

no changes. thanks for the reply!

[veryniceguy 2]

Quote

What you should do depends on your risk tolerance... If you feel adamant about getting the I-485 filed before your I-94 expires (this would be me because I do not tolerate much risk in this process) and you do not receive the receipt in the mail in the next few days, then I would do the following:
1. Have your husband write a letter to USCIS referencing the receipt number for the I-130 and telling them that he wishes to withdraw the petition and asking them to stop processing it.

2. Upload that letter to the Unsolicited Evidence section of the petition on his my.uscis.gov portal under the category "Withdrawal Request Letter". 

3. Also send the letter to the Service Center that is currently processing the request - My assumption would be it's the NBC. He can find out for sure by going to the "Ask Emma" chat on USCIS.gov and selecting the option to chat with a live agent.

4. File a new package with both applications in the same envelope concurrently

The downside to this is that you lose the filing fee paid on the original I-130 

 

The Second option is to file an E-Request for Non-Delivery of Notice with USCIS and ask for the receipt notice that was not delivered at https://egov.uscis.gov/e-request/ndn

Once that is received, then file the I-485 with the replacement letter.

Unlawful presence is forgiven from a spouse of a US Citizen when Adjusting Status however....

Downside here is that you are deportable in between the time your I-94 expires and you file the I-485  AND  they may or may not get the replacement I-130 Receipt Notice to you expeditiously or even at all and you've wasted time waiting.

 

Those are the two options for you as I see it...

these two option are really great. but I think option one is the best (for now) that i can think of. We are now thinking of consulting an immigration lawyer (just to consult on what to do), or just hire them and do the processing. 

[veryniceguy 2]

Quote

What you should do depends on your risk tolerance... If you feel adamant about getting the I-485 filed before your I-94 expires (this would be me because I do not tolerate much risk in this process) and you do not receive the receipt in the mail in the next few days, then I would do the following:
1. Have your husband write a letter to USCIS referencing the receipt number for the I-130 and telling them that he wishes to withdraw the petition and asking them to stop processing it.

2. Upload that letter to the Unsolicited Evidence section of the petition on his my.uscis.gov portal under the category "Withdrawal Request Letter". 

3. Also send the letter to the Service Center that is currently processing the request - My assumption would be it's the NBC. He can find out for sure by going to the "Ask Emma" chat on USCIS.gov and selecting the option to chat with a live agent.

4. File a new package with both applications in the same envelope concurrently

The downside to this is that you lose the filing fee paid on the original I-130 

so if this option will be taken, do we need to wait for the USCIS formal notice about the withdrawal? or just attach the letter with the filing of the I485? thanks so much!

Edited Monday at 06:06 PM by veryniceguy

[Edward and Jaycel 1,657]

I am not a lawyer so my answer will be based on my own opinion which is rooted in my extensive research of the immigration process since starting this journey with Jaycel  I would file immediately after submitting the withdrawal and include a short letter with the new filing explaining the situation and that you have requested withdrawal of the original I-130 and are now re-filing because you did not want to fall out of status before filing the I-485. I have found at every stage of this process where we have had a doubt or a questionable situation, we were completely honest with either USCIS or the consular officer and it has worked in our favor. 

Edited Monday at 06:33 PM by Edward and Jaycel

[veryniceguy 2]

On 6/2/2025 at 11:32 AM, Edward and Jaycel said:

I am not a lawyer so my answer will be based on my own opinion which is rooted in my extensive research of the immigration process since starting this journey with Jaycel  I would file immediately after submitting the withdrawal and include a short letter with the new filing explaining the situation and that you have requested withdrawal of the original I-130 and are now re-filing because you did not want to fall out of status before filing the I-485. I have found at every stage of this process where we have had a doubt or a questionable situation, we were completely honest with either USCIS or the consular officer and it has worked in our favor. 

Thanks for the info. I agree. It's better just to withdraw and re-file by mail. im giving this until the end of this week.