AOS Without NOA2?

[Hannah+Vito 0]

thanks krikit

jpiz sorry to hear they rejected your aos package.. you mentioned i-130 is this because you are in the process of adjusting from another visa? or spousal visa? I know k3 or rather i thought k3 had to adjust in the same manor as k1 (what i had) o are you doing another spousal visa and therefore a different process? Also what evidences did you submit in lieu of the noa2? the answers to these questions might raise some insight into possible reasons why they sent your package back but let others continue?

I personally sent the copy of the nvc letter, a copy of the noa1 for k1 petition, and a copy of the service request letter for missing noa2. i wrote a lengthy letter separate to the cover package letter. detailing what we had done to get hold of the noa2 and explained why we were submitting the following evidence in lieu of the noa2. at the time we still had received and pending on line with no other touch date since the 17th November 08. or an email. this seemed to work sufficiently enough to get as far as approved ead and ap and interview date.

when we followed up on the service request we already had the interview letter and it was visable on the computer for the officer on the phone. i think this helped in proving to the officer that we were not lying about the approval and that there was a need to act on the case of the missing noa2. i really think based on the differing reactions of the call staff and officers on the phone every time we called, the issuance of the interview date and its appearance on line definitely swayed their opinion on whether to act on hte noa2 complaint.

I am considering on what to take to my interview, evidence wise and its occured to me that perhaps i should share in this thread what i plan on taking for those who are following in the same position in case it helps raises issues not previously thought of.

when i have worked out some stuff i will post it.

[jpiz 0]

To All:

We finished our InfoPass appointment, and it did not go well.

Which is what I expected. The USCIS officer was very nice,

and tried to be helpful. The officer did look through our

paperwork and found a mistake. We signed in the wrong

place, but it was not the reason why USCIS denied our case.

The officer said the operators on the 1-800 lines don't know

what they are doing.

The officer said that USCIS wants us to pay 340$ and replace

our NOA2 using the I-824. The officer agreed with me that this

is crazy, because he could see on his computer that our I-130

had already been approved. He recommended that we fix our

mistake, sign in the correct place, and resend our AOS.

He said that we have three options at this point:

1) Send in the forms with another cover letter showing our

proof of the I-130 being accepted. We already did this. He

recommended that we arrange order the documents to have the

uscis.gov internet approval form on top, followed by proof that

our case number was connected to my wife, followed by investigations

and the InfoPass appointment.

2) pay 340$ and have our NOA2 replaced.

3) or just skip the AOS. Since all my wife wants to do is work, and

we are now seriously considering going back to Germany before

her K3 has expired, she doesn't need the AOS to work. This is what

the USCIS office explained to us.

In the end we've decided to reapply for the AOS one more time.

If that doesn't work, we'll just file for the work permit.

To answer Hannah+Vito,

My wife entered the US on a K3 issued by the embassy in Frankfurt, Germany.

We filed the I-129F, requesting a K3. We were married in Germany.

We also filed the I-130, which was approved within days of the I-129F being

approved. If my wife wants to stay past 2 years, which is when her

visa expires, then we'll have to adjust status. To adjust status, we need to

show that our I-130 has been approved. We can't do that without the NOA2.

When I send in our next AOS application, we will include our K3 acceptance

letter, approved by the Frankfurt embassy after submitting the I-129F. Maybe

it will help to show that an official US government institute has offered my

wife a K3. Following your advice, I will also submit a lengthy cover letter

detailing all of our efforts.

Hannah+Vito, best of luck with your interview.

[Hannah+Vito 0]

It's crazy you would think a copy of the visa out of the passport would superceed the proof of petition. So why they insist on both or not at all. I hope your second attempt goes better for you.

[afisher 0]

I also never received a NOA 2 and was wondering what to do about this as I really don't want to pay 340$ on top of the 1000+ for AOS.

[jpiz 0]

I also never received a NOA 2 and was wondering what to do about this as I really don't want to pay 340$ on top of the 1000+ for AOS.

afisher, has your petition been approved online? You can check at www.uscis.gov.

If your case hasn't been approved and it is outside the processing times (60 days?),

then you can start an investigation by calling the USCIS 1-800 number.

That is exactly what we did. AFTER the investigation, the petition had been

approved online, and was approved months after they said they approved it.

I'll let you know what happens when we send our request in a second time.

[afisher 0]

I also never received a NOA 2 and was wondering what to do about this as I really don't want to pay 340$ on top of the 1000+ for AOS.

afisher, has your petition been approved online? You can check at www.uscis.gov.

If your case hasn't been approved and it is outside the processing times (60 days?),

then you can start an investigation by calling the USCIS 1-800 number.

That is exactly what we did. AFTER the investigation, the petition had been

approved online, and was approved months after they said they approved it.

I'll let you know what happens when we send our request in a second time.

Sorry, I should have clarified this. Our petition was approved and she is here in the states with me now. Her I-94 expires on Nov.4th so we'll get married next month. I did call USCIS 2 weeks after I got the e-mail stating that the NOA2 was sent out. The lady said to wait 30 days and if it isn't there by then to call back. So I did. Then she said to pay 340 dollars. Doh! What if I pay the cash and this one never comes? has that happened? I figure I'll print the e-mail out and write a letter explaining that it never came. Worst case is I'll get an RFE and have to pay, best case is it'll pass. Obviously the Noa2 was issued because she got the visa. Thoughts?

[Hannah+Vito 0]

I also never received a NOA 2 and was wondering what to do about this as I really don't want to pay 340$ on top of the 1000+ for AOS.

afisher, has your petition been approved online? You can check at www.uscis.gov.

If your case hasn't been approved and it is outside the processing times (60 days?),

then you can start an investigation by calling the USCIS 1-800 number.

That is exactly what we did. AFTER the investigation, the petition had been

approved online, and was approved months after they said they approved it.

I'll let you know what happens when we send our request in a second time.

Sorry, I should have clarified this. Our petition was approved and she is here in the states with me now. Her I-94 expires on Nov.4th so we'll get married next month. I did call USCIS 2 weeks after I got the e-mail stating that the NOA2 was sent out. The lady said to wait 30 days and if it isn't there by then to call back. So I did. Then she said to pay 340 dollars. Doh! What if I pay the cash and this one never comes? has that happened? I figure I'll print the e-mail out and write a letter explaining that it never came. Worst case is I'll get an RFE and have to pay, best case is it'll pass. Obviously the Noa2 was issued because she got the visa. Thoughts?

yes read post # 15 I think it was of this thread. Krikit had I beleive almost identical problem to you, and they got their green card successfully.

[Hannah+Vito 0]

I got so caught up with everything this week as its been so busy I forgot to update this thread. appologies. I had my Aos Interview on the 09-09-09 (Wednesday) But I also have been doing a bit of networking for work and have been busy socially I haven't had much chance to let my feet touch the ground since Tuesday Yet still so much to do

Anyhow, just a short note to let you all know that on the 09-09-09 we went down town LA, to our interview, we didn't arrive more than 45 mins early as it said on the letter. and there was already a big line. I dont think they started letting people in before 7 am or perhaps it just looked that way but our interview was at 7:15. We didnt get through security and up to the room till 7:20 so we dropped our letter off in the box at window 1, at about 7:40 we were called in for an interview i think we may have been the first ones.

The lady asked the usual questions, asked how we met blah blah and asked for proof of cohabiting i brought out joint bank account statement copies of checked written out to both of us at the wedding that we had cashed already copy of cell, phone statement, car insurance ect she was interest in our annual Disney passes and asked f Vito had one too. But she didn't yes that's right didn't ask to see the copy of the noa2 that we had finally got hold of after so much hassle. we had to go out and come back for a few minutes only cos we didn't have photo copies of what she wanted to keep to give her so had to pop down stairs to copy them ourselves so she could keep a copy. When we came back and gave them to her she approved us. :dance: :dance: I even got the stamp so we could still go on holday as they obviously kept the ap and ead. Card production email came the same day, and I just opened the Welcome to the united states letter that arrived today. :dance: :dance:

So there you go.....APPROVED!!!! :joy: and without having to submit the NOA2. (disclaimer, I did submit the nvc letter and service request for missing noa2 plus a lengthy letter explaining the problem plus it probably shows approved on line now)

Edited September 12, 2009 by Hannah+Vito

[MRStee 19]

Thanks krikit we finally got a copy of noa2 in the mail yesterday! The nice lady last Friday came through for us! Now we can proove we have an approved petition.

THANK GOD! WHEW THIS WAS ALOT TO GO THROUGH!

[SpelaD 4]

my hubby isnt sure if eh even got NOA2...we were approved on April 9h 2010. We were going to send our AOS in like a week but without noa2...we'd send a copy of email I got saying we got approved, also a letter from NVC, copy of my visa, i 94 form... and a letter explaining we didnt get noa2...do u think we could get approved without rfe?