K1 visa approved at interview but ****** off and don’t know what to do next, missing NOA2

[cbro20 53]

So the good news is that my fiancée was approved at her K1 interview last week and is set to arrive in the US in a few weeks. 
 

We are setting our sights on the upcoming wedding and AOS, now. I am worried and confused because we never received our NOA2 in the mail, which I’m sure is a result of the incompetence of USCIS. They’ve not yet even updated our online status tracker to “Approved” despite having the visa in hand. 
 

Thus is infuriating me because multiple sources have said that you need NOA2 to file for AOS. As soon as the NVC emailed us a letter, (saying that our approved I-129 had been mailed to the embassy in Brazil), I called USCIS to ask about the missing NOA2. The NVC letter was the first indication we had that our I-129 had been approved, which put us on short notice to gather documents and prepare for the interview.

 

USCIS said they would “open an inquiry,” which I thought would result in them mailing a new NOA2 to my address, but I guess the “inquiry” just means they check the status and do nothing?

 

Overall, I guess I’m looking to find out whether NOA2 is truly needed for successful AOS. Would simply submitting the NVC letter (which contains the language “APPROVED I-129”) as well as the “inquiry receipt” from USCIS (which states that they approved the petition on Sep. 23) be enough, along with submitting the K1 visa stamps etc.? 
 

I feel like it’s moronic to require NOA2, given that, uh, obviously someone with a K1 would have had their petition approved. And I really don’t want to spend the outrageous $465 for a simple duplicate document. 
 

My next question is, if NOA2 is indeed needed, what’s the best and quickest way to track it down? 
 

Thanks for any and all advice.

Edited January 23, 2020 by cbro20

[Ontarkie 14,227]

~~Moved to AOS Family K1/K3 P&P, from K1 P&P - as this is now an AOS question.~~

[payxibka 10,045]

2 hours ago, cbro20 said:

So the good news is that my fiancée was approved at her K1 interview last week and is set to arrive in the US in a few weeks. 
 

We are setting our sights on the upcoming wedding and AOS, now. I am worried and confused because we never received our NOA2 in the mail, which I’m sure is a result of the incompetence of USCIS. They’ve not yet even updated our online status tracker to “Approved” despite having the visa in hand. 
 

Thus is infuriating me because multiple sources have said that you need NOA2 to file for AOS. As soon as the NVC emailed us a letter, (saying that our approved I-129 had been mailed to the embassy in Brazil), I called USCIS to ask about the missing NOA2. The NVC letter was the first indication we had that our I-129 had been approved, which put us on short notice to gather documents and prepare for the interview.

 

USCIS said they would “open an inquiry,” which I thought would result in them mailing a new NOA2 to my address, but I guess the “inquiry” just means they check the status and do nothing?

 

Overall, I guess I’m looking to find out whether NOA2 is truly needed for successful AOS. Would simply submitting the NVC letter (which contains the language “APPROVED I-129”) as well as the “inquiry receipt” from USCIS (which states that they approved the petition on Sep. 23) be enough, along with submitting the K1 visa stamps etc.? 
 

I feel like it’s moronic to require NOA2, given that, uh, obviously someone with a K1 would have had their petition approved. And I really don’t want to spend the outrageous $465 for a simple duplicate document. 
 

My next question is, if NOA2 is indeed needed, what’s the best and quickest way to track it down? 
 

Thanks for any and all advice.

Do you have the NOA1?

[cbro20 53]

1 minute ago, payxibka said:

Do you have the NOA1?

Yes...since NOA1 arrived properly I assumed NOA2 would as well.

[payxibka 10,045]

Just now, cbro20 said:

Yes...since NOA1 arrived properly I assumed NOA2 would as well.

Then I would highly recommend verifying for yourself the actual requirements on this subject as it relates to the i485.  Some people have a tendency to give incomplete answers 

[cbro20 53]

15 minutes ago, payxibka said:

Then I would highly recommend verifying for yourself the actual requirements on this subject as it relates to the i485.  Some people have a tendency to give incomplete answers 

Huh?

 

What do you mean by “verifying for yourself?” I’m lost, don’t understand what to do or what that means, and would “verify for myself” if I knew how. And I think that’s what I’m trying to do. 

 

So sick of condescending, unhelpful answers on this forum. I’ll refer you to the recently stickied topic about that.  
 

 

Edited January 23, 2020 by cbro20

[payxibka 10,045]

11 minutes ago, cbro20 said:

Huh?

 

What do you mean by “verifying for yourself?” I’m lost, don’t understand what to do or what that means, and would “verify for myself” if I knew how. And I think that’s what I’m trying to do. 

 

So sick of condescending, unhelpful answers on this forum. I’ll refer you to the recently stickied topic about that.  
 

 

Read the instructions so you know exactly what is needed. you will discover that you have a document that allows you to meet the criteria 

[flfreddy 92]

I think you can go to USCIS and request missing docs.  They are quick to resend.

[NicoleS 189]

I did include a copy of the i129f NOA2 notice in our AOS packet. I also had it at our K1 interview so that's interesting they didn't need it there

[qrk 104]

Here is a part of the instructions for the AOS I-485 as it relates to the NOA2:

 

5. Documentation of Your Immigrant Category (see Part 2., Item Numbers 1.a. - 1.g. of Form I-485) All Form I-485 applicants must submit evidence showing that they are eligible for adjustment of status in a particular immigrant category. Filing as a Beneficiary of an Immigrant Petition If you are filing as a beneficiary of an immigrant petition, you generally must submit a photocopy of Form I-797, Approval Notice, for your petition (or the principal applicant’s petition, if you are a derivative applicant), as appropriate. 

 

You can find it at: https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

 

So it appears that the NOA2 is required. I submitted copy of mine when I filed.

 

As to where you can get a replacement of a lost one, other members may have to chime in.

 

Hopes this help and good luck with your immigration journey.

Edited January 24, 2020 by qrk

[payxibka 10,045]

10 minutes ago, qrk said:

Here is a part of the instructions for the AOS I-485 as it relates to the NOA2:

 

5. Documentation of Your Immigrant Category (see Part 2., Item Numbers 1.a. - 1.g. of Form I-485) All Form I-485 applicants must submit evidence showing that they are eligible for adjustment of status in a particular immigrant category. Filing as a Beneficiary of an Immigrant Petition If you are filing as a beneficiary of an immigrant petition, you generally must submit a photocopy of Form I-797, Approval Notice, for your petition (or the principal applicant’s petition, if you are a derivative applicant), as appropriate. 

 

You can find it at: https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

 

So it appears that the NOA2 is required. I submitted copy of mine when I filed.

 

As to where you can get a replacement of a lost one, other members may have to chime in.

 

Hopes this help and good luck with your immigration journey.

If you look at the i485 form itself under the  NOTE on the top left of page 3 it says I797 approval or application notice 

[qrk 104]

52 minutes ago, payxibka said:

If you look at the i485 form itself under the  NOTE on the top left of page 3 it says I797 approval or application notice 

Great. Even Better. Thanks for the clarification.

Edited January 24, 2020 by qrk