kiwi25

Thanks, fortunately we have both been living in Texas since we married in 2011. Considering there are no children or assets this should be fairly straightforward. Am filling out paperwork online as we speak.

Thank you for clearing this up, I really appreciate your help!

It makes sense to me now. Time to file for divorce.

Thanks for the reply Jinxxabelle.

From the instructions link you provided, under WHEN SHOULD I FILE FORM I-751 it states that if "filing with a request that the joint filing requirement be waived; You may file this petition at any time after you are granted conditional resident status" so it appears (to me at least) as if I can file the I-751 earlier than is usual for happy successfully married folk.

I'm being careful to not ask legal advice here, rather I'm looking for someone who has filed in a position similar to mine and can offer some advice. I wish I could afford an immigration lawyer, but I feel that with the help of this community I can make enough sense of this to file on my own. That's what I'm hoping anyway..

Hey guys,

I've posted about it before in these forums but I married in July 2011 and found out in March 2012 (after my AOS was approved) that my (American citizen) wife was having an affair. It was very sad but I tried to do what was best and transferred jobs to a new city and tried to start a new life.

Although my GC does not expire until November 2013, I am looking at filing for removal of conditions now. Can anyone give me some advice as to which steps to take first?

-Do I still need to wait until 90 days before my GC expires to file the I-751? Or can I file earlier?

-Should I move to file for divorce before dealing with the I-751?

-What is my biggest obstacle to remaining in the USA?

This website is incredible for information but I am just looking to take the correct first step as I know this will be a long and difficult process.

Thank you to anyone kind enough to offer advice, you guys are awesome.

-Matt

Thanks for the kind words, I really love everybody in these forums!

I am going to get through this. It seems like I have some options, which is great news. Her family have said they will do anything to help as well, so I suppose their testimony would come in handy in proving the marriage was genuine and I acted in good faith. Would it be wise to schedule an infopass appointment? Or would it cost me to disclose all this information to the USCIS so soon? I don't want to compromise my status unintentionally..

Hey guys - hope this is the right thread for this..

My wife and I were married almost a year ago, and my AOS was approved in November 2011. Things were going amazing until last month when I found out my wife was having an affair. It has been crushing to say the least but I am trying to keep my head up, and to move on with my life. I still love her with all my heart but I can't repair the damage that has been done. Before I do anything drastic I wanted to check if I will still have the option to stay in the USA if I file for divorce. Obviously we're not going to try and fake a happy marriage for the sake of a green card, but I love my job (who were kind enough to transfer me to a different location a few hours away for the sake of my mental health) and have made some great friends that are really helping me from losing my mind right now. I would really like to stay and live in the USA. Is that an option?

These forums are constantly saving me from the worst situations, and you guys are amazing! Sorry to make such a downer thread but that's life I guess.

Any help would be greatly appreciated,

Matt

Wow, you're right!

I just assumed the NOA was one email sent three times but the case numbers are different on each one..

Boy do I feel stupid. So apparently my I-485 was approved and card production ordered ..in Novermber of last year. I certainly never received it - I guess I will call tomorrow and see if they can issue me a new one.

I guess this mean no interview? Should I be excited or nervous?

Thank you for your help!

Hi guys,

So my wife and I were married in July of 2011 on a K1, sent off the AOS paperwork with EAD and AP in August 2011 and received my EAD (valid for 12 months) on November 7th 2011.

Since then I have not heard a single peep out of immigration. Shouldn't I have had a request for an interview for my AOS by now? I've just heard these things take time and no two cases are the same ..but it's been almost 8 months now since we filed our I-485 and besides the EAD have had no communication.

I'll call the hotline in the morning, but I just wondered if anyone is in the same boat? using the receipt number provided (MSCXXXXXXXXXX)seems to just give me info on my EAD application approval.

Thanks for your help,

-Matt

Hi there,

There is a lot of contention over whether or not a NOA2 is required for an adjustment of status. We lost ours and have spent the past 2 weeks getting to the bottom of this. Here is the answer YOU DON'T NEED IT.

I called the USCIS and was told that an NOA2 IS ABSOLUTELY required to file. I was told on the phone that I needed to file an I-824 for a replacement at a cost of $405 dollars, and a processing time of 3-6 months. This was devastating news to us, and cast a shadow over our wedding day as we prepared to live the next 9 months on one income. I called back and was told the same thing by an immigration officer after demanding to be transferred. So I wrote a check and paid the $405 and filed. I figured if it take 6 months I better do it asap. I made an infopass appointment and scheduled a meeting with our congressman's secretary to discuss our case. The congressman's secretary told us that is was required but that she would chase it up and try and see if she could get our I-824 expedited but offered no promises. Then we went to our infopass appointment..

Surprise surprise, she told us exactly what I expected to hear: Of course you don't need your NOA2 to file because you have a K1 visa in your passport. More importantly that K1 visa has your receipt number, and your A number recorded in it. She showed us that our receipt number could be used to instantly pull up our file on their system which showed our I-129F status as approved. She printed out a copy of this for us to use in our AOS application. She told us she was sorry that we had been misinformed but could not stop the I-824 from going through; We would just have to eat the $405 fee.

For any of you out there that have lost your NOA2 (aka I-797): RELAX and DO NOT FILE AN I-824!! If you want reassurance make an infopass appointment and ask for a printed copy of your approval on their system. If you don't have a receipt number on your K1 visa they will give it to you if you provide your A number (on your K1 and I-94).

It happens to people all the time, it is not a big deal, and it should not hold up your application.

Hope this makes someone feel better.

-Matt

That's the California Service Center.

Thanks for that mate, god these forums are a lifesaver.

WAC

Hi,

how can I find out which service center our I-129F was processed/approved at?

We have lost the NOA2 but do have receipt number, control number, and my A number.

We sent the petition to the Dallas Lockbox facility but do not know which service center it was sent to next.

Need this info to file I-824 for a replacement NOA2

Any ideas appreciated.

Matt

But to reiterate my questions (I need to file tomorrow..)

Under IRS tax # - we can leave this blank? She doesn't know what this is and i assume it is for businesses? she WILL fill in her social security number instead..

Under "type of application/petition (Form number)" we put I-129F. Is this right? Will they know it is an NOA2 that we need replaced?

Should we include a cover letter explaining that we need a NOA2 specifically?

unfortunaately no photocopies either. we had no idea how important it was :[

yeah but if I get an RFE i'll only have 30 days to come up with the goods and an I-824 could take up to 6 months..

I was told that they would wait 30 days, then cash the check and throw the application out - so really it doesn't help to wait before filing cause either way if I gen an RFE i'm screwed.

No, my fiancee - bless her - didn't keep any of it when she moved. I only have letters from the American Consulate in New Zealand (requesting pkt 3, and an interview)

Hi there,

Long long story short, I entered and will marry on a K1 visa (thanks to a successful I-129F petition). Filing for AOS on Monday, but have lost NOA2. After many shed tears and the acceptance that this could add up to 6 months to my inability to work in the USA. My fiancee today is filling out an I-824 for a replacement copy.

We called the USCIS and they eventually found our Receipt number, and gave us the date of approval (Feb 15th)

Questions:

Under IRS tax # - we can leave this blank? She doesn't know what this is and i assume it is for businesses? she WILL fill in her social security number instead..

Under "type of application/petition (Form number)" we put I-129F. Is this right? Will they know it is an NOA2 that we need replaced?

Should we include a cover letter explaining that we need a NOA2 specifically?

Thanks for any replies. We are considering sending off this form and then continuing with our AOS without a NOA2 in the meantime, with a tear jerking cover letter explaining our circumstances. It might result in an RFE, and the loss of our $1070 fee if we don't get the replacement NOA2 in time, but we're prepared to take the risk. The idea of not being able to work till next April (6months for NOA2 + 3months for EAD) makes me feel sick to my stomach.

Thanks for any help!!

Hi, just filling out the affidavit of support (well, my finacee is) and we were just wonder what the best way to fill in the I-134 Question 7:

"I am engaged in the business of _______ with __________ at ________________ and derrive an annual income of _________"

The issue we're having is that my finacee works two jobs, and only with the combined income does she meet the threshold. Just wondering what the best way is to answer this question. This form is the scariest of all of them for us, because we know how carefully it is scrutinized. We will be submitting the previous few months pay stubs and 3 years worth of tax returns along with signed letters from both of her employers confirming her sources of income.

Any help greatly appreciated!

Hey guys, just received NOA2 today! Just wondering - my fiancee (US citizen) has recently moved states. What is the fastest way to file a change of address? we don't want to miss any updates/affidavit forms etc.

If there is a way to do this online it would be a huge relief..

Thanks for any help,

-Matt

(ps: anyone waiting for NOA2 hang in there! good news will arrive eventually

Hi guys, sadly 30 days have passed and I we have heard nothing back.

There has been no text, no email, and nothing in the post since we sent in our application by courier to the dallas lockbox facility a month ago.

Before We start again and forfeit the $455 fee (money order with no receipt), can you tell me if there is any way we can contact USCIS and ask them to check..?

I just can't believe after all of that they've lost our application. Unbelievable.

Okay.. still nothing but I'm just going to keep waiting and hopefully we hear something soon.

Has anyone else sent their package by courier and had to wait 30 days before hearing anything?

I wish I hadn't used a money order now I can't find the receipt so I can't even get in touch with the money order people and find out if it's been used.

Just to check tho .. the G-1145 form clipped to the file doesn't mean they text/email you as soon as they receive it? Is it that they text/email you when they begin reviewing it, or whats the deal?

Finally, if I have not heard from them after 30 days what should i do? Is there any way to contact them?

Thanks in advance for your help, sorry for being so crazy but this process is stressful at the best of times..

I don't have any way to check if the money order has been cashed, and to follow the case online it says I must enter an "application receipt number" which I don't have..

any other ideas?

Finally finished and sent our I-129F application thank you to everyone who has posted in this forum we couldn't have done it without you!!!

Just wondering though.. We sent it on September 23rd via Fedex to the courier address suggested for courier deliveries:

USCIS Attn: I-129F 2501 South State Highway 121 Business Suite 400 Lewisville, TX 75067

but we haven't heard anything yet. I have checked that it was delivered and signed for ..but should we have received confirmation from USCIS by now? We did include a G-1145 clipped to the inside cover.

If this normal, no problem, but if not who do we contact to follow up? Just want to be sure because that this took months to prepare and I would hate to lose the 455 money order that was included just because of a delivery mistake or something like that.

Thanks in advance for any help,

-Matt

Just wondering, if you leave your job how will you get around the I-134 requirements at his interview?

i take it you will quit your job to go live with him? How will you show proof of your employment and ability to sponsor him?

..I only say this because I wanted my USC fiancee to come live with me for the waiting period but looking ahead to the interview and I-134 form it looks like without her proof of regular and steady employment in the US the K1 would be declined..

anyone know if this is true?

My fiancee (the petitioner) is a tattoo artist too.. so I think I see your problem which is probably this:

You make money in cash, some in tips, and generally you don't pay tax on it.

Is that right? We're in this position now, I think the consular interview and I-134 will be okay with a letter from employer, but not sure what will happen at the I-864 as they specifically request tax returns. This seems to be a nasty potential situation because if you show what you make and your tax records show no evidence of income tax you are basically sending evidence of tax evasion (which is fraud in the US I believe) to the department of homeland security.

I would love to hear from anyone who has been in this situation before..