Lost NOA2 dilemma

[Zlau 0]

We've looked all over for our I-130 Approval Notice (it was approved 7/31), but we either lost it or never received... and neither of us remembers ever seeing it.

It's very frustrating, but also confusing... could someone help us answer these questions please?

1. Is it possible at all that it was never sent to us? Should we even attempt to contact them to see if this is the case?

2. From what I understand we'll have to file form I-824 and request a duplicate, pay $340 and wait 4-6 months?

3. Will I have to pay the $340 for the I-765 since I want to file for it right now (and for AOS later on, once I get the NOA2) ?

4. Could I just send in the whole AOS package right now, and include another I-130 form (and pay the extra fee for it), instead of waiting on the NOA2 for my approved I-130?

(I'm using a NOLO book for help and I read that if you are ready to file for AOS, but your I-130 hasn't been approved, you can just send another I-130 in along with your AOS package. I'm wondering if that's only for people who haven't had their I-130 approved.)

And if that's possible, would it take just as long as for a normal I-130 to be approved?

5. If I have to wait on the duplicate NOA2 to file for AOS and I'm not adjusted before the two years are over, will I have to file for extension of status using form I-539?

6. Could I just send in the whole AOS package and instead of the NOA2 include a print-out of the email that tells me that the notice was sent? And if I get an RFE for that, how long would I have to send them the NOA2?

Okay, that's all I can think of for now.. we'd appreciate any help SO much!

[reeses16 8]

It is possible that they never sent it to you. We didn't get ours until 2 months after it was approved. I had to call (many times) and argue. They were insistent at first that they sent it. I was even instructed to complete the I-824 (I didn't). Eventually I spoke to someone, Immigration officer (my call was transfered after the first rep wasn't helpful) ahd she said they would send me another for free. And then 2 weeks later they finally officially announced on the website that they were behind. In the end, I got 2 NOA2s...both were late. Infact, we were married by the time we got them.

I'm not sure, but I think they will not process your AOS without the NOA2. If ours had not arrived I planned on printing out the notification e-mail from the USCIS website for my husbands case with a brief letter explaining the sitution and why there isn't an original. Just a thought.

[Zlau 0]

Thank you for your reply reeses! I'll try doing what you did and see if they'll send me one for free... that would be fantastic.

I too doubt that I'll have any luck without a NOA2, and I'm not sure it's a good idea filing for AOS without it since I wouldn't have anything to send them back if I did get an RFE. Argh.

[Zlau 0]

Does anyone else have any answers, maybe?

[Karly-n-Bruce 0]

We misplaced our NOA2 for the I-129F and filed form I-824 and paid the fee (we filed before the fee increase so it cost $200 for us). It took almost three months to receive the duplicate.

ETA: You could file form I-824 (if you're not able to have USCIS send you a copy) and send in the NOA1 for the I-824 with your AOS to avoid getting an RFE for the NOA2. Hopefully the NOA1 for the I-824 will make it clear to them that you have one on order, but to expect too much as this is USCIS we're dealing with afterall.

Edited November 15, 2007 by Karly-n-Bruce