Never received NOA1 or NOA2 in the mail

[customx 0]

I just got married yesterday and am now applying for the AOS, but I need a copy of the approved NOA2. I lived in South Korea at the time I applied for the I-129F, but some documents were mailed to my father in America. We never received anything in the mail, but I did get an email from USCIS that said the I-129F was approved. My father received a letter as well, but it was from the Bureau of Consular Affairs. This letter stated that the I-129F was approved and that my petition will be forwarded to the consulate in Seoul. There is no indication anywhere that it's an NOA1 or NOA2.

I called the USCIS and they informed me that I need ti file an I-824 so I can receive an I-797. However, they want to charge me $340 for a new I-797! Obviously I was pretty outraged and feel that I shouldn't have to pay such an exorbitant fee for something that I or my father never received. My fiance never got anything either. Does anyone have any suggestions on what I can do at this point? Obviously I can't file the AOS without the NOA2, but I don't want to pay $340 either. I'm just really frustrated at this point

[customx 0]

Is it possible that the letter I attached is the NOA2?

[Hell0W0rld 10]

you can make an info pass to see if you can speak to a supervisor, calling USCIS doesn't really do much... if they can't do anything for you then you have to pay the fee to get the NOA 2 as this is a needed document to adjust status.

[Hell0W0rld 10]

Is it possible that the letter I attached is the NOA2?

The letter you attached is a letter from the National Visa Center, this is not the NOA 2

Attached is an Example of NOA 1 and or NOA 2, disregard the wording in the picture, it's just an Example...

[Merrytooth 5,748]

Hello, I am in the same situation like you, my husband never received the NOA2 at all. And I have filed for AOS in April 2010 without the NO2.

Here are what we have done:

Calling up the National Service Center many times does not help at all.

They just want us to pay more money for a duplicate copy which we did not receive in the first place.

We went for an Infopass appointment at our local USCIS. The local officer said that my K1 visa stamp in the passport is the best proof that the Fiancee I-129F petition has been approved. He said it is almost guaranteed that I won't have problem with AOS. He also printed out from his system to show our case status process, that the petition had been approved on March 26th, 2009 and the approval notice was sent out which we didn't receive. If only the USCIS people are so understanding like what the officer said....

The local officer also mentioned we could try to send out the I-824, explaining that we didn't receive NOA2 at all, hence the $340 fees not included.

We tried that, sent out the I-824 forms without the fees, letter to explain the situation and evidences of K1 petition.

Unfortunately, the I-824 form was returned to us one and half month later for "I-824 fees not included".

Ha ha ha.. So USCIS just wants more money to process the duplicate NOA2!!

Previously, the USCIS case status website still showed that our I-129F case is under Initial Review. After so much complaints, the USCIS finally updated the case status online that Current Status: Approval notice sent on March 26, 2009.

For the AOS,

I did a write up to explain the whole situation, and in lieu of the I-797 approval notice (NOA2), I submit

- National Visa Center letter,stated that the I-129F was approved and that the petition will be forwarded to the consulate.

- Infopass letter & the USCIS computer print out(by the local USCIS officer) shown the I-129F petition was approved.

- US Consulate processing K1 visa letter

- my K1 visa stamp & I-94 entry stamp

- USCIS website case status online print out, showing the I-129F was approved.

- NOA1, receipt to show that we did file for the I-129F petition

- USCIS case status update emails

Obviously, the I-129F must have been approved, or else the K1 visa would not be issued at the US Consulate!

It is unreasonable that extra money ($340) on top of the AOS fees($1010), to be paid for a duplicate copy of NOA2.

USCIS certainly has the records/database to check that the I-129F was approved in the first place.

My AOS I-485 is accepted and now transferred to CSC for processing. Hopefully there will be no RFE. Keeping my fingers crosssed now.

Otherwise, contacting the Congressman will be my last resort should there be RFE for the missing NOA2.

There are cases like that about missing NOA2 in the past:

http://www.visajourney.com/forums/topic/191816-aos-without-noa2/page__p__2846619__fromsearch__1#entry2846619

I hope you will find the above information helpful.

[katie & sifa 25]

This happened to me too...I think the problem you'll have is that their system shows that it was approved and the NOA was mailed to you. Their policy is that if it was lost in the mail that's not their fault, so they charge you an obscene amount to get a duplicate. Ridiculous. When it happened to me the adjudicator just "forgot" to update it in the computer, so an NOA2 was never generated. I called USCIS several times and finally spoke to someone competent who got it updated in the computer and mailed to me on the same day.

I've heard some people have been successful just calling and catching someone nice on the phone...otherwise I'd do what the previous poster said - write a letter, include the letter from NVC saying it was approved and mailed to the consulate, etc. I have no idea WHY they need the NOA2 for AOS - obviously it was approved, otherwise your fiance(e) wouldn't BE HERE. But it's USCIS...I'm finding that little about them makes sense.

[customx 0]

Merrytooth thank you so much for all the info! It sounds like our situation is identical. I called USCIS 3x yesterday and it seems like none of the people I spoke with care at all about my situation. They probably think I'm lying about not receiving my NOA2 and to charge $340 for a single piece of paper is insane when we are already paying $1000+ for the AOS.

I'll try what you did and hopefully come back here with some good news. Thanks again everyone!

[jerbbiandsteve31 0]

i am on the same situation. my bf got a letter from national visa center saying that they recieved an approved I-129f and will be forwarded it to the us consulate here in Manila. we didnt recieved any online update and they didnt sent any hard copy of noa2. any advice? before the us consulate received the packet, what should i need to do? thanks for the reply. -jerbbi

[Gary and Alla 3,694]

Hello, I am in the same situation like you, my husband never received the NOA2 at all. And I have filed for AOS in April 2010 without the NO2.

Here are what we have done:

Calling up the National Service Center many times does not help at all.

They just want us to pay more money for a duplicate copy which we did not receive in the first place.

We went for an Infopass appointment at our local USCIS. The local officer said that my K1 visa stamp in the passport is the best proof that the Fiancee I-129F petition has been approved. He said it is almost guaranteed that I won't have problem with AOS. He also printed out from his system to show our case status process, that the petition had been approved on March 26th, 2009 and the approval notice was sent out which we didn't receive. If only the USCIS people are so understanding like what the officer said....

The local officer also mentioned we could try to send out the I-824, explaining that we didn't receive NOA2 at all, hence the $340 fees not included.

We tried that, sent out the I-824 forms without the fees, letter to explain the situation and evidences of K1 petition.

Unfortunately, the I-824 form was returned to us one and half month later for "I-824 fees not included".

Ha ha ha.. So USCIS just wants more money to process the duplicate NOA2!!

Previously, the USCIS case status website still showed that our I-129F case is under Initial Review. After so much complaints, the USCIS finally updated the case status online that Current Status: Approval notice sent on March 26, 2009.

For the AOS,

I did a write up to explain the whole situation, and in lieu of the I-797 approval notice (NOA2), I submit

- National Visa Center letter,stated that the I-129F was approved and that the petition will be forwarded to the consulate.

- Infopass letter & the USCIS computer print out(by the local USCIS officer) shown the I-129F petition was approved.

- US Consulate processing K1 visa letter

- my K1 visa stamp & I-94 entry stamp

- USCIS website case status online print out, showing the I-129F was approved.

- NOA1, receipt to show that we did file for the I-129F petition

- USCIS case status update emails

Obviously, the I-129F must have been approved, or else the K1 visa would not be issued at the US Consulate!

It is unreasonable that extra money ($340) on top of the AOS fees($1010), to be paid for a duplicate copy of NOA2.

USCIS certainly has the records/database to check that the I-129F was approved in the first place.

My AOS I-485 is accepted and now transferred to CSC for processing. Hopefully there will be no RFE. Keeping my fingers crosssed now.

Otherwise, contacting the Congressman will be my last resort should there be RFE for the missing NOA2.

There are cases like that about missing NOA2 in the past:

http://www.visajourney.com/forums/topic/191816-aos-without-noa2/page__p__2846619__fromsearch__1#entry2846619

I hope you will find the above information helpful.

You have two options.

File the I-824 WITH a fee waiver (letter explaining why you did not include the fee and requesting they waive the fee) They will not waive the fee unless you ASK them to waive the fee and explain why.

OR

Contact your US Senators office and have them get ahold of the congressional liason at whichever Service Center handled your case

Your AOS will NOT be approved based on a copy of the K-1 visa. The local officer is wrong. You will get an RFE is you send it without the copy of the NOA2

[Merrytooth 5,748]

You have two options.

File the I-824 WITH a fee waiver (letter explaining why you did not include the fee and requesting they waive the fee) They will not waive the fee unless you ASK them to waive the fee and explain why.

OR

Contact your US Senators office and have them get ahold of the congressional liason at whichever Service Center handled your case

Your AOS will NOT be approved based on a copy of the K-1 visa. The local officer is wrong. You will get an RFE is you send it without the copy of the NOA2

I already mentioned that "We tried that, sent out the I-824 forms without the fees, letter to explain the situation and evidences of K1 petition.

Unfortunately, the I-824 form was returned to us one and half month later for "I-824 fees not included". USCIS just wants more money, totally unacceptable.

So far I have no RFE yet and case is transferred to CSC (same service center as my I-129F petition).

If there is RFE for the missing NOA2, I will contact Congressman/Senator for assistance.

I have read that there are cases of AOS being approved without NOA2. So just wait and see.

Paying $340 for the duplicate copy is ridiculous, and it is no fault of ours that NOA2 is not received!

Maybe you can reflect that to your USCIS friend, director at the VSC.