Missing NOA 2

[cschwa 0]

Hello,

I need some serious advice about how to go about the adjustment of status process. I never recieved the NOA 2 for the IR1/CR1 visa. They have sent an RFE requesting this information. I personally think this is funny since you can go online to USCIS.gov and see that it is approved. Anyway, I requested a copy of the NOA 2 from the California service center about 1 1/2 months ago. A few weeks ago I looked at the processing time for this type of application and it said they are processing them from May 15th. So I have quite a long time to wait, since I sent the application sometime in October. I'm wondering what I should do? I could print a copy of the screen that states I was approved for the CR1/IR1 but I feel that if I do that they will just deny my petition. I'm not sure if this will cause problems with future applications if the petition is denied like this. My only other plan is to hire a lawyer.

Can anyone give me their advice on this issue? Time is running out and I only have about 30 days left until I need to respond to the RFE.

Thanks,

Chris

[YuAndDan 153]

You need to file an I-824 Application for Action on an Approved Application or Petition, Fee $200 ouch!

I-824

[cschwa 0]

Hello,

Thanks for the response. I actually already filed that and the $200. The problem is you only have 87 days from the RFE to respond. I sent the I-824 in October and they are currently processing I-824's sent in May. So the 87 days I have to respond to the RFE, is most likely, going to end before I get the NOA 2 for I-130 that I requested. So again my options are; let the application expire, send in the approval notice from the screen on USCIS.gov, or hire a lawyer. Any other suggestions?

Thanks,

Chris

[YuAndDan 153]

Hello,

Thanks for the response. I actually already filed that and the $200. The problem is you only have 87 days from the RFE to respond. I sent the I-824 in October and they are currently processing I-824's sent in May. So the 87 days I have to respond to the RFE, is most likely, going to end before I get the NOA 2 for I-130 that I requested. So again my options are; let the application expire, send in the approval notice from the screen on USCIS.gov, or hire a lawyer. Any other suggestions?

Thanks,

Chris

Did you get any notice that they received your $200 for the I-824, if you did send a copy of that along with a note that you never got the NOA2 from the I-130, and that you paid for and are waiting for USCIS to send a replacement form and you should be able to bring it to the AOS interview. They can always send you another RFE or accept your explanation.

[Darkchild80 0]

I am in a similar situation. I moved and never received the NOA 2. I read in another forum that people have submitted a copy of the online approval along with the letter from NVC(receipt of case). Two people said that they did not receive a RFE but I plan on calling USCIS again to request the NOA 2 and ask about the AOS filing with online approval.

[cschwa 0]

All very good information. Thanks. I think I will print the online approval, send the receipt for the I-824, and explain the situation. Hopefully that works. Thanks for the advice. I will also call this Monday to see if I can get something done over the phone but I have not had much luck over the phone in the past.

Thanks,

Chris

[kim&james 0]

If all of the above still gives you some doubts make an infopass appointment and have a chat to an officer.

[koolkat66 0]

Hi

Im in a similar circumstance, except my 87 days expired. I was informed (too late may i add) that i could have written a letter with a reciept of the I-824 and an explanation that im waiting for that to then send in the RFE. Since you still have time, that is your best bet and they can extend the time frame for you beyond the 87 days. Also, you can go to your district office (your congressman/woman) in your area to help you with your case, as i have done this now with mine.

Good Luck.

[cschwa 0]

Hello,

Just in case anyone experiences this in the future, I did exactly what I said I was going to do in the previous post. About one month later we recieved the interview date. So it seems like it worked. Again, I included the printed approval notice from the USCIS website, the I-130 receipt notice, the I-824 receipt notice, and a letter explaining exactly what happend.

Thanks,

Chris