RFE question

[MonicaMexico 0]

When I petitioned for my fiance, I was living in his home country. I never received NOA1 or NOA2 from the I-129f for the K1 visa. (I have heard that NOAs are not sent out if petitioner lives out of the country.) When we sent in AOS, I stated this in my cover letter, and also included the email notification from CRIS that my I-129f had been approved.

Sooo....at this point, I have two options: 1. download and send in form I-824 "Application for Action on an Approved Application or Petition" (which will re-send us our NOA1 letter) BUT THIS FORM COSTS $340. (aack!)

Option number two may or may not work. See, once I realized I wasn't going to get my NOAs via mail, I called the "help line" and changed my mailing address to my mother's US address. The Vermont service center sent me a letter to follow up with that phone call, and this letter basically states everything. "On Feb/xx, you called about case number EACXXXXXXX, your petition for I-129f was approved on Jan/xx, etc..."

My question is: This letter is certainly proof, but it is not the official I-797 letter (NOA1). Do you think they will accept a copy of this letter as proof? Or do you think they want my $340??"

[desert_fox 32]

You had to have put some US address on your original I-129F application, as that is a requirement.

The NOA's were sent there. If you dont have them then you will to file for duplicate copies....do you know the case number??

[Caladan 19]

What, specifically, did your RFE request?

[MonicaMexico 0]

What, specifically, did your RFE request?

This is exactly what it says:

"Submit evidence that an immigrant visa petition has been filed on your behalf. Such evidence includes a copy of the I-797 Notice of Action on Form I-129f (Petition for Alien Fiance), form I-130 (Petition for Alien Relative), or Form (i-360) (Petition for Amerasian, Window9er), or Special Immigrant), and/or a copy of Form I-171 (Notice of Approval from the Consular Office). If you are not filing as the beneficiary of an immigrant visa petition, submit documentation in suppor of your eligibility to become a Lawful Permanent Resident of the United States."

And you're wrong, desert Fox, I did not use a US address on my I-129f application, nor is it a requirement.

Thanks.

[Nanusia & Lukaszek 0]

Option number two may or may not work. See, once I realized I wasn't going to get my NOAs via mail, I called the "help line" and changed my mailing address to my mother's US address. The Vermont service center sent me a letter to follow up with that phone call, and this letter basically states everything. "On Feb/xx, you called about case number EACXXXXXXX, your petition for I-129f was approved on Jan/xx, etc..."

My question is: This letter is certainly proof, but it is not the official I-797 letter (NOA1). Do you think they will accept a copy of this letter as proof? Or do you think they want my $340??"

That is quite odd for them to send you proof of a conversation. Most can't even get them to tell them what is going on with the case, and you got them to print a letter & mail it to you? I guess you can try sending this in. Although it looks like they are looking specifically for the NOA2, maybe this would be ok. And if its not, then you are just holding up your AOS processing. Depends what is more important, time or $340?

I know other VJ members mailed in their AOS with just the email with approval of 129F and they were ok, no RFE for it.

[Caladan 19]

I know on the instructions for I-485 it asks specifically for the I-797C (the NOA2--I don't think you need the NOA1 at all), but the RFE isn't worded clearly. I am uncertain whether they meant 'comprises' by 'includes', or if your note from Vermont would be acceptable.

I'm right in thinking that you didn't send in the letter from Vermont the first time?

I guess how I would proceed would depend in part on how long it would take to get a copy of the NOA2 sent to us. If it were quick, I'd pony up the fee and send it in. But if it was going to be a six-week wait, I'd pony up the fee and send in the note from Vermont in the meantime so the case stays active, and with luck it would be approved with just the note.

You'd think this is the sort of thing they would have on file. I can pull up past purchases from Amazon. I can look at my K-1 petition approval notice on their website! They should not be asking me for a paper copy of something in their computer! (rant done.)

Can you make an Infopass appointment and ask whether your note would be acceptable and how long it takes for an approval notice to be generated?

[Nanusia & Lukaszek 0]

Can you make an Infopass appointment and ask whether your note would be acceptable and how long it takes for an approval notice to be generated?

I think the whole purpose for the $340 is that the emails & letters are not valid, and they want a NOA2 to be official. They wouldn't have a special form to fill out in case your NOA was missing, if they decided they'd accept emails, or would be willing to look it up themselves in their system. I also very much doubt anything takes 6 weeks. Due to the backlog with AOS applications, everything is taking longer than normal in processing.

The question is, if you want to delay AOS and hold it up and see if they'll accept & keep processing based on the email/letter, you can do so. They are asking for NOA2, so sending in anything other than it, is risky.

[MonicaMexico 0]

I'm right in thinking that you didn't send in the letter from Vermont the first time?

I guess how I would proceed would depend in part on how long it would take to get a copy of the NOA2 sent to us. If it were quick, I'd pony up the fee and send it in. But if it was going to be a six-week wait, I'd pony up the fee and send in the note from Vermont in the meantime so the case stays active, and with luck it would be approved with just the note.

You'd think this is the sort of thing they would have on file. I can pull up past purchases from Amazon. I can look at my K-1 petition approval notice on their website! They should not be asking me for a paper copy of something in their computer! (rant done.)

Can you make an Infopass appointment and ask whether your note would be acceptable and how long it takes for an approval notice to be generated?

I didn't even know about this letter until I called my mom in a panic. She was like, "well, there is this one letter..." But she never recieved the NOA1, that we are 100% sure of.

I don't know how or why the Vermont Service Center sent me this letter about me changing the address, but they did, and i hope like hell they will accept it as evidence. (I am afraid, though, what they really want is my money.)

Honestly, lengthing processing time is less important than $340. Does anyone know if EVERYTHING is on hold - including EAD and AP? Or just AOS?

Edited October 3, 2007 by MonicaMexico

[Jasman0717 9]

Aren't they asking for the approval NOA and not the receipt NOA?

[Caladan 19]

Can you make an Infopass appointment and ask whether your note would be acceptable and how long it takes for an approval notice to be generated?

I think the whole purpose for the $340 is that the emails & letters are not valid, and they want a NOA2 to be official. They wouldn't have a special form to fill out in case your NOA was missing, if they decided they'd accept emails, or would be willing to look it up themselves in their system. I also very much doubt anything takes 6 weeks. Due to the backlog with AOS applications, everything is taking longer than normal in processing.

The question is, if you want to delay AOS and hold it up and see if they'll accept & keep processing based on the email/letter, you can do so. They are asking for NOA2, so sending in anything other than it, is risky.

I can see why they wouldn't accept the e-mails and letters as per the current policy. I think it is beyond dumb that it is policy that someone needs to bring in a paper copy of redundant information.

And you'll note that I advised her to pay the fee and get the form. I'm just not sure how long it will take her to get the form, and don't you only have a specific amount of time to respond to an RFE?

The missing piece is the turn-around time for the request. And I have NO idea how long that takes. It gets sent to Vermont or wherever she filed, and from there... looking at the instructions for the form, it too seems to require some supporting evidence (the NOA1 and a copy of the original petition), so it needs to have someone look at it (as opposed to just printing it out.)

[MonicaMexico 0]

I just tried to do an infopass apt. The earliest we could get in was Wed Oct 17th, which is exactly two weeks from today. By then, I could send in the letter and hear back from them, I suppose. Think it's worth it to go to infopass apt. anyway?

[Caladan 19]

I'm right in thinking that you didn't send in the letter from Vermont the first time?

I guess how I would proceed would depend in part on how long it would take to get a copy of the NOA2 sent to us. If it were quick, I'd pony up the fee and send it in. But if it was going to be a six-week wait, I'd pony up the fee and send in the note from Vermont in the meantime so the case stays active, and with luck it would be approved with just the note.

You'd think this is the sort of thing they would have on file. I can pull up past purchases from Amazon. I can look at my K-1 petition approval notice on their website! They should not be asking me for a paper copy of something in their computer! (rant done.)

Can you make an Infopass appointment and ask whether your note would be acceptable and how long it takes for an approval notice to be generated?

I didn't even know about this letter until I called my mom in a panic. She was like, "well, there is this one letter..." But she never recieved the NOA1, that we are 100% sure of.

I don't know how or why the Vermont Service Center sent me this letter about me changing the address, but they did, and i hope like hell they will accept it as evidence. (I am afraid, though, what they really want is my money.)

Honestly, lengthing processing time is less important than $340. Does anyone know if EVERYTHING is on hold - including EAD and AP? Or just AOS?

They don't need the NOA1 for the I-485, just the approval notice.

[ChristinaM 0]

If you get an RFE, it puts everything on hold. The reason for this is that the interim benefits (EAD and AP) are based on your eligibility for the core application; in this case, the AOS.

Sorry - I'm sure that's not what you wanted to hear

[MonicaMexico 0]

Do I provide a copy of the RFE or the orignial (and keep a copy for myself)?

[Mags 112]

Do I provide a copy of the RFE or the orignial (and keep a copy for myself)?

I sent in the original and made a copy for my records.