I'm doing an I-824

[Ptoth42 0]

So in the middle of moving, I lost my fiance's  I-797 approval notice, I was going to do a I-824 to get a new one, I was wondering if anyone experienced doing this, I just want to know how long it takes, the website says 8 months to 12 but I've read it takes like 2 to 3 months. Time is getting closer to get my fiance here, I want to know if I have to delay her travel or if it's a quick process to get a duplicate I-797?

[Ash.1101 1,756]

Why are you looking to get another copy? 

You shouldn't need a copy of the I-797 for the I-129F unless you want it for your own records. When she goes to AOS she can provide a copy of her visa in her passport with the I-94.

Edited May 5, 2019 by Ash.

[treppenwitz 78]

39 minutes ago, Ptoth42 said:

if it's a quick process to get a duplicate I-797?

Why? See the following thread: https://www.visajourney.com/forums/topic/705773-i797-left-at-customs/?do=findComment&comment=9692825

[Ptoth42 0]

1 hour ago, Ash. said:

Why are you looking to get another copy? 

You shouldn't need a copy of the I-797 for the I-129F unless you want it for your own records. When she goes to AOS she can provide a copy of her visa in her passport with the I-94.

It says in the evidence needed for AOS, they need a copy of the I 797, and even in the I 797 approval I got, it says to send this in for AOS.

[Ash.1101 1,756]

50 minutes ago, Ptoth42 said:

It says in the evidence needed for AOS, they need a copy of the I 797, and even in the I 797 approval I got, it says to send this in for AOS.

 

i-797s are needed for someone that has an immigrant petition (I-130). 

 

In the instructions it notes that k-1 visas are different due to them being a non-immigrant visa and all that is required is a copy of the visa and the I-94, and a marriage license. But there is no underlying petition because the I-129f petition is one, not an immigrant petition and two, already approved and completed as its purpose was to allow your foreign fiancé to apply for a fiancé visa.

 

 

Instructions for form I-485:

“Unless applying under INA section 245(i), most Form I-485 applicants must submit photocopies of documentation showing they were inspected by an immigration officer and either admitted or paroled into the United States. The following types of applicants do NOT need to submit documentation of inspection and admission or parole: registry applicants, asylees, VAWA self-petitioners, special immigrant juveniles, T nonimmigrants applying under INA section 245(l), U nonimmigrants applying under INA section 245(m), and individuals born under diplomatic status in the United States.

You must establish any claim that you were admitted or paroled into the United States.
This evidence must relate to your most recent arrival into the United States. Submit copies of the following documents, if available:
A. Passport page with admission or parole stamp (issued by a U.S. immigration officer);
B. Passport page with nonimmigrant visa; and
    Form I-485 Instructions 12/13/17 N Page 9 of 42
  C. Form I-94 Arrival-Departure Record (See Form I-94 Arrival-Departure Record in the General Instructions section of these Instructions).”

 

 

“Filing Your Form I-485 Based on a Category That Does Not Require an Underlying Petition

If you are filing your Form I-485 based on a category that does not require an underlying immigrant petition, you must submit other documentation. See the Additional Instructions for more category-specific information.

 

Additional instructions

 

Nonimmigrant fiancé(e) beneficiaries of Form I-129F always have a visa available, but may file Form I-485 only after marrying the U.S. citizen (Form I-129F petitioner) within the requisite 90-day period after admission to the United States on a K-1 visa.

In addition to the evidence listed in the What Evidence Must You Submit with Form I-485 section, you must submit

a copy of the marriage certificate to show that the K-1 nonimmigrant fiancé(e) married the U.S. citizen (Form I-129F petitioner) in the 90-day period. This additional requirement applies to both K-1 principal and K-2 derivative applicants.”

Edited May 5, 2019 by Ash.

[treppenwitz 78]

1 hour ago, Ptoth42 said:

It says in the evidence needed for AOS, they need a copy of the I 797, and even in the I 797 approval I got, it says to send this in for AOS.

Also see @payxibka's post above.

[fountainhead 0]

On 5/4/2019 at 5:58 PM, Ptoth42 said:

So in the middle of moving, I lost my fiance's  I-797 approval notice, I was going to do a I-824 to get a new one, I was wondering if anyone experienced doing this, I just want to know how long it takes, the website says 8 months to 12 but I've read it takes like 2 to 3 months. Time is getting closer to get my fiance here, I want to know if I have to delay her travel or if it's a quick process to get a duplicate I-797?

So did you file I-824 for missing I-797?  I am in the same boat.

If you filed, how long it took for you to get the original I-797 (or duplicate) and which processing center it went to? It is currently showing 6.5-15months processing time at all service centers.