NoA2 for AOS

[trevorp 0]

I could've swore that when I checked a month ago, when I was going through the checklist of everything needed to file for the AOS, the NOA2 was on the checklist. I've went back through the checklist again for the I-485 and the I-130 and I can't see anywhere where they require the NOA2 anymore as part of the evidence that you must send with it. Just on the I-485 package checklist, though it is still on there. I've read over the instructions for the I-485 for the gov website and under the list of evidence for that they no longer list needing the NOA2 that I can see.

Basically what I am asking is if I'm filling out the I-485 and the I-130 together, do I need a copy of the NOA2? This link doesnt show me needing the NOA2: http://www.visajourney.com/content/i130guide2

Brief background of why I'm filing them together:

Came in on K-1 visa 8 years ago. Due to financial reasons, we were're not able to file these until now. Was advised that due to the length of time that I've been here to file the I-485 and I-130 together.

[Marco&Bettina 502]

I could've swore that when I checked a month ago, when I was going through the checklist of everything needed to file for the AOS, the NOA2 was on the checklist. I've went back through the checklist again for the I-485 and the I-130 and I can't see anywhere where they require the NOA2 anymore as part of the evidence that you must send with it. Just on the I-485 package checklist, though it is still on there. I've read over the instructions for the I-485 for the gov website and under the list of evidence for that they no longer list needing the NOA2 that I can see.

Basically what I am asking is if I'm filling out the I-485 and the I-130 together, do I need a copy of the NOA2? This link doesnt show me needing the NOA2: http://www.visajourney.com/content/i130guide2

Brief background of why I'm filing them together:

Came in on K-1 visa 8 years ago. Due to financial reasons, we were're not able to file these until now. Was advised that due to the length of time that I've been here to file the I-485 and I-130 together.

OK so I'm not an expert in this, so I'll let one of them respond appropriately. But if you're having to file I-485 & I-130, I would think the I-129F NOA2 is irrelevant.

Edit: Who told you you had to file both of them?

Edited February 3, 2015 by Marco&Bettina

[KayDeeCee 4,896]

There is no deadline to file for AOS. As long as you married within 90 days of entry with the K-1, you are eligible to file for AOS. No I-130 needed.

http://www.uscis.gov/files/form/i-485instr.pdf

Who May File Form I-485?

3. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry.

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission

8 CFR Sec. 214.2(k)(6)(ii)

(k) Spouses, Fiancées, and Fiancés of United States Citizens—

(6) Adjustment of status from nonimmigrant to immigrant.

(ii) Nonimmigrant visa issued on or after November 10, 1986. Upon contracting a valid marriage to the petitioner within 90 days of his or her admission as a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10, 1986, the K-1 beneficiary and his or her minor children may apply for adjustment of status to lawful permanent resident under section 245 of the Act. Upon approval of the application the director shall record their lawful admission for permanent residence in accordance with that section and subject to the conditions prescribed in section 216 of the Act.

If you still want to go ahead and include the I-130, then your AOS will be based off of the I-130 petition instead and there will be no need to include the I-129F approval notice.

[trevorp 0]

This is why I was going to file the I-130: http://www.visajourney.com/forums/topic/406212-aos-after-56-years/, as everyone here told me to. Basically I've lost my NOA2 and it's $405 to get a new one sent to me. So if it's better to file the I-130 now anyway and I don't have to pay the additional $405 on top of that, that seems to be the way to go.

[KayDeeCee 4,896]

Right. A K-1 used to be subject to receiving a 2 year conditional card, even if married over 2 years. That is why the I-130 would have been filed along with the AOS forms, so that you base the AOS off of the I-130 approval instead of the I-129F approval. HOWEVER, there was a BIA ruling that states a K-1 is not subject to get a conditional card if they have been married over 2 years.

Matter of Sesay.>

(2) A fiancé(e) visa holder whose bona fide marriage to the fiancé(e) visa petitioner is more than 2 years old at the time the adjustment application is adjudicated is not subject to the provisions for conditional resident status under section 216 of the Act, 8 U.S.C. § 1186a (2006).

http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

In your case I agree with you though, instead of waiting to receive a new copy of your NOA2 from the I-129F, you should just go ahead and file with the I-130.