No NO

[violetandrichard 1]

So,

We were gathering our documentation together, and realised that we never recieved NOA2. We thought we did, but it turns out the letter we recieved (and saved) was the NVC letter, that we mistook for NOA2. Does this mean we have to pay the replacement fee, for a letter we never got?

[astar317 0]

We never received NOA2 either, didn't request it to be replaced and so it wasnt part of the paperwork we brought to the interview. No one asked for it and we were approved nonetheless. So you're probably fine wihtout having a copy of it.

[Harpa Timsah 13,258]

We never received NOA2 either, didn't request it to be replaced and so it wasnt part of the paperwork we brought to the interview. No one asked for it and we were approved nonetheless. So you're probably fine wihtout having a copy of it.

You have IR/CR-1 visa in your profile, and the OP is asking about AOS from a K-1. Did you do AOS from a K-1?

[KayDeeCee 4,893]

We never received NOA2 either, didn't request it to be replaced and so it wasnt part of the paperwork we brought to the interview. No one asked for it and we were approved nonetheless. So you're probably fine wihtout having a copy of it.

NOA2 I-129F approval notice is required for a K-1 filing for adjustment of status. You are talking about having a spousal visa interview and not needing the NOA2 from your I-130 at the interview. You are comparing apples and oranges. The NOA2 from the I-129F petition is not needed for the K-1 interview either. It is needed for AOS though.

OP> Some have been approved with an explanation of never receiving the hard copy NOA2 and using a print out of the online/text approval notice and a copy of the letter from the NVC. I believe some even made an infopass and asked for a copy of the NOA2. No guarantee you will not get an RFE for it though. Try contacting a tier 2 IO when calling the USCIS and letting them know the NOA2 was never received. See if they will mail it to you. If not, ask them what you should do about it being needed for AOS.

[violetandrichard 1]

Thanks everyone for your help.

We ended up calling USCIS, who told us to file for a replacement and pay the $405, with a request to expediate because I need to file AOS. If we haven't recieved it by the end of the month, we plan to send in my AOS documents anyway, knowing we are likely to get a RFE, and book an infopass appointment, as we don't want to become out of status (which we would be late November). We would send it with a copy of our letter and a printout, plus copies of our documentation showing we did apply for a new one. We were married 3 weeks after my arrival, so well within the 90 days.

It is frustrating - I have tried to keep so on top of things, but, because we didn't recieve any other paperwork, we honestly thought the NVC letter was the NOA2.

(Oh, and please forgive my terrible title - stupid tablet typing)

Edited October 2, 2013 by violetandrichard

[KayDeeCee 4,893]

Once you file for AOS, you are in a new period of authorized stay. An RFE will not make you out of status.