Lost NOA2. Can't replace before visa expires

[Gringo-Expat 0]

My fiancee finally arrived on a K1 visa. We're getting married next week and everything is going smoothly. There's one big problem: I can't find my NOA2!!!!!

I called USCIS to request a new copy. There's a $405 fee, but I can handle that. The lady on the phone told me that there is a 3-month wait to get a duplicate copy of an NOA2. How on earhte can that be? It doesn't require any new processing; it's just a new copy of a letter.

In any event, my fiancee's visa expires in 10 weeks. What can we do? Can we send in the AOS applicaiton with everything except the NOA2, with a letter explaining that a new copy is coming?

I understand that lacking an NOA2 will cause a delay in getting residency. I can handle that. What I'm worried is her visa expiring and getting deported because we don't have an NOA2. If I file for an AOS without the NOA2, will the send me back an RFE and just slow things down? Or will they refuse to start processing and let her visa expire?

Edited October 26, 2011 by Gringo-Expat

[bt1 42]

My fiancee finally arrived on a K1 visa. We're getting married next week and everything is going smoothly. There's one big problem: I can't find my NOA2!!!!!

I called USCIS to request a new copy. There's a $405 fee, but I can handle that. The lady on the phone told me that there is a 3-month wait to get a duplicate copy of an NOA2. How on earhte can that be? It doesn't require any new processing; it's just a new copy of a letter.

In any event, my fiancee's visa expires in 10 weeks. What can we do? Can we send in the AOS applicaiton with everything except the NOA2, with a letter explaining that a new copy is coming?

I understand that lacking an NOA2 will cause a delay in getting residency. I can handle that. What I'm worried is her visa expiring and getting deported because we don't have an NOA2. If I file for an AOS without the NOA2, will the send me back an RFE and just slow things down? Or will they refuse to start processing and let her visa expire?

Are you sure you lost your NO2? Perhaps you gave it to your fiancee for the embassy interview?

[Robert&Karen 264]

For this reason I recommend you scan everything and and email it to yourself. My fiance got her SS card the other day so I scanned it to gmail.

Considering the time and money, I'd take a day and go through EVERYTHING. Start in one room, make an empty spot in the corner, and search. Every pocket, every book, you name it. DO not give up.

[Dan & Jenni 457]

What I'm worried is her visa expiring and getting deported because we don't have an NOA2. If I file for an AOS without the NOA2, will the send me back an RFE and just slow things down? Or will they refuse to start processing and let her visa expire?

she wont get deported when the visa expires will she??

[MochiKamo 93]

she wont get deported when the visa expires will she??

No one will get deported. And there is no visa to get expired, the K-1 visa is irrelevant at this time. Some people file months, even years after the I-94 expires, and they are fine as long as they don't leave the country.

[Dan & Jenni 457]

No one will get deported. And there is no visa to get expired, the K-1 visa is irrelevant at this time. Some people file months, even years after the I-94 expires, and they are fine as long as they don't leave the country.

thank you... that is what i thought

[Kim.D 3]

If your fiance came in on a K1 visa and you marry within 90 days you are fine. There isn't a time limit to apply for AOS, although from other posts on here it seems like waiting a long time like 2 years might not be the best idea, however, it sounds like you will just be waiting a few months for your replacement NOA2.

Good luck!!

[Gringo-Expat 0]

I spent the lsat few hours going over my apartment and can't find it anywhere. Thankfully, I found a scanned copy (front and back) in an old e-mail. Although the AOS application specifies the original NOA2, the concesus here is that USCIS will accept a copy.

I'm happy to know that, had I really lost the NOA2, my fiancee wouldn't be at risk of deportation. We can accept delayed processing for residency, but not being seperated again. On that note, how do we prove she's legal after the I-94 expires? Once USCIS starts the residency process, do they give us a temporary residency card she can carry with her? Say a policeman accuses her of being an illegal alien. Between the expiration of the I-94 and the granting of residency, what could we show to the angry cop?

[Robert&Karen 264]

I spent the lsat few hours going over my apartment and can't find it anywhere. Thankfully, I found a scanned copy (front and back) in an old e-mail. Although the AOS application specifies the original NOA2, the concesus here is that USCIS will accept a copy.

I'm happy to know that, had I really lost the NOA2, my fiancee wouldn't be at risk of deportation. We can accept delayed processing for residency, but not being seperated again. On that note, how do we prove she's legal after the I-94 expires? Once USCIS starts the residency process, do they give us a temporary residency card she can carry with her? Say a policeman accuses her of being an illegal alien. Between the expiration of the I-94 and the granting of residency, what could we show to the angry cop?

I don't know where you live, but in many places the police get in trouble if they try to be immigration officers. I'd not worry unless you are in Oklahoma or Arizona. In the meantime copy the marriage certificate and copy it wallet size.

[Deputy Purple 1,294]

On that note, how do we prove she's legal after the I-94 expires? Once USCIS starts the residency process, do they give us a temporary residency card she can carry with her? Say a policeman accuses her of being an illegal alien. Between the expiration of the I-94 and the granting of residency, what could we show to the angry cop?

If her legal presence is questions you can present her passport along with her NOA1 (a copy of course because you'll keep this original in a very safe place) showing that she is currently in a protected status as she has a case pending.

[VanessaTony 3,567]

I spent the lsat few hours going over my apartment and can't find it anywhere. Thankfully, I found a scanned copy (front and back) in an old e-mail. Although the AOS application specifies the original NOA2, the concesus here is that USCIS will accept a copy.

I'm happy to know that, had I really lost the NOA2, my fiancee wouldn't be at risk of deportation. We can accept delayed processing for residency, but not being seperated again. On that note, how do we prove she's legal after the I-94 expires? Once USCIS starts the residency process, do they give us a temporary residency card she can carry with her? Say a policeman accuses her of being an illegal alien. Between the expiration of the I-94 and the granting of residency, what could we show to the angry cop?

Actually the AOS application mentions a COPY, not the original. See the I-485 instructions, section "Initial Evidence" specifically 12B. "Based on Admission as the K1 fiance(e) of a U.S. citizen and subsequent marriage to that citizen... Attach a copy of the fiance(e) petition approval notice..."

If her legal presence is questions you can present her passport along with her NOA1 (a copy of course because you'll keep this original in a very safe place) showing that she is currently in a protected status as she has a case pending.

Well actually it doesn't show she has a case "pending" it shows she applied. She can still encounter issues because the NOA1 only proves you APPLIED doesn't prove you are still processing, or show that you haven't since been denied.

[Gringo-Expat 0]

Actually the AOS application mentions a COPY, not the original. See the I-485 instructions, section "Initial Evidence" specifically 12B. "Based on Admission as the K1 fiance(e) of a U.S. citizen and subsequent marriage to that citizen... Attach a copy of the fiance(e) petition approval notice..."

Well actually it doesn't show she has a case "pending" it shows she applied. She can still encounter issues because the NOA1 only proves you APPLIED doesn't prove you are still processing, or show that you haven't since been denied.

Thanks for the advice. I'm happy to hear confirmation that a copy of NOA2 will be sufficient.

I'm in Key West, where the police don't hassle immigrants. My family is from Indiana, however. Speaking from experience, Indiana is not the most tolerant place in the world. Plus they passed an Arizon-style immigration law that requires police officers to verify the status of every suspected illegal they find. It would really suck if my fiancee gets arrested the first time she visits her new in-laws. I'll make sure she keeps her passport, marriage license, NOA2 and a mini American flag in her purse.

[Girl from Celebes 588]

. I'll make sure she keeps her passport, marriage license, NOA2 and a mini American flag in her purse.

I think that sounds cute ...I'm happy you can figure out your problem...

[Dan & Jenni 457]

Well actually it doesn't show she has a case "pending" it shows she applied. She can still encounter issues because the NOA1 only proves you APPLIED doesn't prove you are still processing, or show that you haven't since been denied.

so what would you suggest the immigrant does to show legal presence in the US until the green card arrives?? if the immigrant gets stopped by the police will it mean spending time in the cells until they can prove you are there legally??

[Lainie B 465]

Dan & Jenni: The AOS NOA1 (when it arrives), marriage certificate and I-94 with alien number should do it.