AOS on Hold, any advise?

[dpolarblastr 0]

Greetings all,

I completed the K-1 process without a hitch and my wife come to the US in early August (I am the citizen, she is from S Korea). We got married later on that month and I realized that, during the AOS preparation, my wife had lost the NOA2 for the I-129F somewhere. So, I sent a I-824 for the NOA2 on the I-129F. The notice of receipt was sent on 9/23/08.

Now, USCIS tells me that it might take upwards of 5 months (so until 2/23/09) for me to receive my approval notice. In the meantime, all my preparations for the AOS are on hold as that is the only thing I am currently missing and the expiration of her I-94 approaches (11/11/08). Effectively I have no choice but to wait for this.

After 11/11, my understanding is that my wife would lose her status until the I-485 is sent. I don't necessarily have a problem with that, but during that no-status time frame, I guess she would effectively be unable to attend school, get a driver's license, etc?

I know it was a bad move to losing the NOA2 on the I-129F but is this the only out that I have? To wait for the I-824 and have my wife without any status?

Any advise would be appreciated. Thanks.

[dpolarblastr 0]

Additionally, would it be worth it to just forget about this entire process and apply for a I-130 instead? I've read many posts that discourage this but 5 months just to get a copy of the I-129F NOA2 approval seems like a push.

[kgas 0]

Do you have a copy of the NOA2 receipt notice? That will work too...

Again, not legal advice, but if it were me, I would file the AOS with all the paperwork you have currently (including the stamped I-94 and copy of your wife's visa) and wait for the Rejection Notice or RFE for the NOA2 for your I-129F. The visa and I-94 together are strong evidence that an approval was granted.

At worst, you get a rejection notice and are forced to wait to file again when you receive the NOA2, but you show that in good faith you tried to adjust status before the visa expiration. When the NOA2 arrives, you have all the paperwork together and can file again.

At best, you get an RFE down the line. By that time, you may have already received the copy of the NOA2 and you can merely send it back with the RFE. Usually that will only add a couple of weeks to your timeline as opposed to waiting months to have all the evidence together to file. From my experience, I have seen RFEs issued for failure to submit approval notices, so it might work that way as well for you.

Good luck!

Edited to add: DO NOT FILE A I-130. If you skip the K-1 process, it'll add needless months and aggravation to your case over a simple lost document. This will definitely delay your filing and might put your wife's status in jeopardy.

Edited October 8, 2008 by karvy02

[Krikit 1,164]

I just sent them a copy of the online approval notice. We never actually received the NOA2, despite our attempts to obtain one. (Sent copies of all our documented attempts, also.) The NOA2 would have been sent to the petitioner.... not the beneficiary..... so you may just have it in your original records. I would go ahead and file without it, if that were me. Include a copy of your receipt for the I-824.

[tanyaru 3]

I just sent them a copy of the online approval notice. We never actually received the NOA2, despite our attempts to obtain one. (Sent copies of all our documented attempts, also.) The NOA2 would have been sent to the petitioner.... not the beneficiary..... so you may just have it in your original records. I would go ahead and file without it, if that were me. Include a copy of your receipt for the I-824.

I wish it would be that easy. I am somewhat in the same boat. I have sent copy of case status online, copy of NOA for address change, copies of processed checks and nothing helped me to get AOS started (see my signature).

Try to file AOS with a copy of NOA1 of I-824, visa and I-94. This is the best you can do.

DO NOT FILE I-130! This is not your way to go! Don`t listen to someone who says you should because your application will be denied, not rejected, and that is BAD, also in case of deniel USCIS keeps your money.

Best of luck.