Missing NOA2 for AOS

[Merrytooth 5,748]

We never got the NOA2 from USCIS, instead received a letter saying that the State Department's National Visa Center has recently received an Approval I-129F petition filed on behalf of your fiance. The letter was dated April 6, 2009. While reviewing the I-485 form, it needs submission of a copy of the fiance petition approval notice, marriage certificate and I-94.

I am already in US using the K1 visa, got married within 90 days, now trying to file the AOS paperwork. It seems that it is very troublesome to contact USCIS for the missing NOA2 Approval Notice, and expensive to pay $340 for duplicate form which could take another few months! Strangely, I checked that the USCIS case status still showing our Form I129F, PETITION FOR FIANCE(E) is under Initial Review!!! I am at lost what to do. We have already been through at lots of stress for the K1 visa reissued problems, finally got married successfully in US last week. Now the missing NOA2 is giving me headache. Please advise what is the best way for me to do for the AOS.

Thank you very much.

[Bernie C 24]

Geez, after all you've been through you can't seem to catch a break. So you never received your NOA2 when your I129F was approved?

My gosh, I cannot believe they would charge $340 just for a new copy to be issued, that seems rediculous! Is that what the USCIS told you?

I wish I could help out with this but like before, all I can do is offer some moral support. The good news is that you are here together with your honey!

How was the wedding, did you just do a civil ceremony? Thats what were doing next Wednesday to meet the requirements. Were going to plan a big party later.

I hope everything works out and someone here can provide some advice on how to help. We'll keep you in our prayers. Good Luck and Best Wishes!!!!!!!!!

[TracyTN 237]

If you never received the NOA2, then it's their error - and by rights, you shouldn't have to pay $340 to get a copy. But it probably would have been easier to make them replace it for free if you had contacted them about it before now.

I guess I would try either to speak to a supervisor when you call, or get your congressman involved and see if they can wrangle one out of them for free.

[Nik+Heather 121]

Another member had a similar issue, maybe some of you can help me remember/dig up the thread - Hannah & Vito? Hanna + Vito or something? It's in this forum.

She had the same issue and did get her green card in the end, but I don't remember the specifics.

Edit: Found it.

http://www.visajourney.com/forums/topic/191816-aos-without-noa2/page__p__2846619__fromsearch__1#entry2846619

Hopefully that thread can help you.

Edited March 26, 2010 by Nik+Heather

[Merrytooth 5,748]

Another member had a similar issue, maybe some of you can help me remember/dig up the thread - Hannah & Vito? Hanna + Vito or something? It's in this forum.

She had the same issue and did get her green card in the end, but I don't remember the specifics.

Edit: Found it.

http://www.visajourney.com/forums/topic/191816-aos-without-noa2/page__p__2846619__fromsearch__1#entry2846619

Hopefully that thread can help you.

Thanks, Nik+Heather, for your link.

I got my Husband to call up the National Customer Service 1 (800) 375-5283, because he is the Petitioner. Basically, they told him that the system showed the form I-797 Approval Notice was send in March 2009 but we never received it! We could file I-824 form Application for Action on Approved Petition or Application(costs $340 and takes a few months!) and include a letter saying we shouldn't pay because we never received the form, whether or not they will accept it is up to whoever receives the form.

So what's now? I want to file for I-485 asap before my I-94 expires!

Can I just send in the Letter from State Department's National Visa Center, dated April 6, 2009, that it has received an approved I-129F petition filed on behalf of your fiance(e), together with my K1 visa on my passport, US Consulate processing letter, to prove that the I-129F has been approved?

[Darnell 8,478]

you might also get some luck with an infopass appointment. they can't reprint it there for you, but they CAN order a reprint for you.

I suggest to try that route, once. Can't say it'll be 100 percent, though

[TracyTN 237]

I would still maybe ask my congressman's office for help. They may suggest the same course of action (file the I 824 form with a letter explaining the situation) or they may be able to make an inquiry and get you the NOA2 without messing with the form.

[katie & sifa 25]

I had the same problem - we didn't find out that we had been approved until my fiance got his Packet 3! Right around that same time I got a letter from NVC saying they had received the approved petition and sent it on to the Embassy. It took me about 5 calls to the 800 number for USCIS, but I finally got someone competent who realized the mistake, said that she had just handled a similar case from the SAME adjudicator who approved it manually but not in the computer so it never generated an NOA2 or updated the online system. Ugh. So she sent it back to him & he approved it in the computer & we got it a few days later. Most of the other people I talked to either told me I needed to pay the $340 OR that I should just wait 6 weeks and call again. What? What good will that do? Basically I got from that, "I have no idea what to do about this, so you should probably call back so someone else can deal with you." So I did!

Keep calling is my advice, ask for a supervisor & explain that there is nothing to duplicate since it appears it was never generated. That $340 is for a COPY of a form. If they never made an original NOA2 there is nothing to copy. Hope you can get someone good on the phone! I wish I could remember who I spoke to but it's been several months ago now...good luck!! I agree that if that doesn't work a call to your congressman may be a good idea.

Edited March 27, 2010 by katie & sifa

[Merrytooth 5,748]

Calling up the National Service Center many times does not help at all. They just want us to pay more money for a duplicate copy which we did not receive in the first place.

Already make an INFOPASS appointment to go down to the local USCIS to speak to real immigration officer. Will see how it goes from here.

[Merrytooth 5,748]

We went for an Infopass appointment yesterday. The local officer said that my K1 visa stamp in the passport is the best proof that the Fiancee I-129F petition has been approved. He said it is almost guaranteed that I won't have problem with AOS. He also printed out from his system to show our case status process, that the petition had been approved on March 26th, 2009 and the approval notice was sent out which we didn't receive. If only the USCIS people are so understanding like what the officer said....

Previously, the USCIS case status website still showed that our case is still under Initial Review. Yesterday, received an email from USCIS (The last processing action taken on your case) that Current Status: Approval notice sent on March 26, 2009. After so much complaints, now that the USCIS updated the case status online.

Thus I guess I have to do a write up to explain the whole situation, and in lieu of the I-797 approval notice, I will submit NVC letter, Infopass letter, US Consulate processing K1 visa letter, my K1 visa stamps. Hopefully there will be no RFE. Keeping my fingers crosssed now.

[Martyshk 137]

Maybe (I'm just speculating here) if your case was finally updated in the system, it will generate an NOA2...

[Darnell 8,478]

We went for an Infopass appointment yesterday. The local officer said that my K1 visa stamp in the passport is the best proof that the Fiancee I-129F petition has been approved. He said it is almost guaranteed that I won't have problem with AOS. He also printed out from his system to show our case status process, that the petition had been approved on March 26th, 2009 and the approval notice was sent out which we didn't receive. If only the USCIS people are so understanding like what the officer said....

Previously, the USCIS case status website still showed that our case is still under Initial Review. Yesterday, received an email from USCIS (The last processing action taken on your case) that Current Status: Approval notice sent on March 26, 2009. After so much complaints, now that the USCIS updated the case status online.

Thus I guess I have to do a write up to explain the whole situation, and in lieu of the I-797 approval notice, I will submit NVC letter, Infopass letter, US Consulate processing K1 visa letter, my K1 visa stamps. Hopefully there will be no RFE. Keeping my fingers crosssed now.

Grrrr.

Don't send the originals, btw.

Good Luck with the rest of it !