Filing for AOS with lost NOA2

[kiwi25 3]

Hi there,

There is a lot of contention over whether or not a NOA2 is required for an adjustment of status. We lost ours and have spent the past 2 weeks getting to the bottom of this. Here is the answer YOU DON'T NEED IT.

I called the USCIS and was told that an NOA2 IS ABSOLUTELY required to file. I was told on the phone that I needed to file an I-824 for a replacement at a cost of $405 dollars, and a processing time of 3-6 months. This was devastating news to us, and cast a shadow over our wedding day as we prepared to live the next 9 months on one income. I called back and was told the same thing by an immigration officer after demanding to be transferred. So I wrote a check and paid the $405 and filed. I figured if it take 6 months I better do it asap. I made an infopass appointment and scheduled a meeting with our congressman's secretary to discuss our case. The congressman's secretary told us that is was required but that she would chase it up and try and see if she could get our I-824 expedited but offered no promises. Then we went to our infopass appointment..

Surprise surprise, she told us exactly what I expected to hear: Of course you don't need your NOA2 to file because you have a K1 visa in your passport. More importantly that K1 visa has your receipt number, and your A number recorded in it. She showed us that our receipt number could be used to instantly pull up our file on their system which showed our I-129F status as approved. She printed out a copy of this for us to use in our AOS application. She told us she was sorry that we had been misinformed but could not stop the I-824 from going through; We would just have to eat the $405 fee.

For any of you out there that have lost your NOA2 (aka I-797): RELAX and DO NOT FILE AN I-824!! If you want reassurance make an infopass appointment and ask for a printed copy of your approval on their system. If you don't have a receipt number on your K1 visa they will give it to you if you provide your A number (on your K1 and I-94).

It happens to people all the time, it is not a big deal, and it should not hold up your application.

Hope this makes someone feel better.

-Matt

[VanessaTony 3,567]

I'm happy you finally found out that what I told you (at least twice) was right, but its a shame you wasted the $405... UNLESS you check hasn't been cashed and then you can still cancel it. The only reason I even knew it because, as you said here (and I said in my posts to you) it happens all the time (several posts on VJ) and isn't that huge a deal.

Edited August 7, 2011 by Vanessa&Tony

[Austramerican 83]

I found this rather old topic while searching for what to do if you lose your NOA2 (Ben and I just spent the past 6 hours tearing our house apart, it got misplaced in the move back in June x.x). This topic is a miracle, it should be stickied for everyone's sanity hehe

Ben says that Matt is the new Messiah (jokingly of course!) basically we are thanking this guy for this good news Hopefully he is still around and will get this!

[rzay 1]

I tried to do what this poster recommened, and made an infopass appointment to get a confirmation printout. I was told (very rudely I might add) by two different people that they would NOT be able to print anything at all from their system. Of course they gave me some BS reason as to why this was the case (supposedly they have to log in with their social security numbers, and whatever they print has their SS number on it, which just sounds wrong).

However, they did tell me that the approval notice was not necessary given that the Visa itself is evidence that it was approved. I am taking this with a grain of salt, however. Of course the Visa is evidence that it was approved, but then why do the instructions specifically ask for this notice of approval? There are no K1 visa holders applying for adjustment of status without approved Visas.

I am sending my packet today and will let you know if it works or if I get an RFE. This country should be ashamed that they ask us to pay $400 dollars to replace a single piece of paper.

[Merrytooth 5,748]

You will be fine.

I submitted my AOS package without NOA2 too.

http://www.visajourney.com/forums/topic/353607-no-noa2-to-send-with-aos/

[Laura and Ferlay 1]

Thank you Thank you Thank you for this...I so appreciate it!!! Thank you!!!!

[AliaAlia 9]

IF this still valid, meaning we don't need to pay $400+ for a COPY of NOA2, then I believe this info should be stickied!

We never received our NOA2 but my K-1 visa was approved, and it just doesn't make sense that we still need NOA2 in order to prove that our I-129F was approved.

Anyone else had this issue and dealt with it?

[DMS 0]

I am dealing with it as well. I saved a copy of the notification of the approval from the USCIS website. I plan on using that along with a letter explaining that I never received it.

[allajustin 18]

This was our case as well, we never received their NOA2. I insisted though that my fiancé call USCIS to send us a duplicate as the original one never came. With lots and lots of hassle, and insisting from their side to fill out the I824 and 405$, we could manage that they send us the duplicate without this fee as we never received it in the mail. I knew we would need it for AOS, as the instructions for I-485 clearly call for it. There were guys over here with green card in hand without sending NOA2 for AOS, but I would rather not risk. We filed for AOS today P.S. there were a group of people here who were approved from Texas service center on the same day as we were and never received their NOA2, so this phenomenon was kind of systematic at some point.

[Merrytooth 5,748]

I have not seen people posting here about getting AOS RFE for the missing I-129F NOA2 yet.

So if you don't have NOA2, send in other documents like USCIS approval emails, NVC letter, US Consulate processing K1 visa letter ...etc

It is ridiculous to pay $400 + for a copy of NOA2.

[canusa920 11]

wish I saw this prior... I filled for i 824 and almost waited till we received it to file for the green card... What a waste of $405! I swear they do it as a scam.

Hi there,

There is a lot of contention over whether or not a NOA2 is required for an adjustment of status. We lost ours and have spent the past 2 weeks getting to the bottom of this. Here is the answer YOU DON'T NEED IT.

I called the USCIS and was told that an NOA2 IS ABSOLUTELY required to file. I was told on the phone that I needed to file an I-824 for a replacement at a cost of $405 dollars, and a processing time of 3-6 months. This was devastating news to us, and cast a shadow over our wedding day as we prepared to live the next 9 months on one income. I called back and was told the same thing by an immigration officer after demanding to be transferred. So I wrote a check and paid the $405 and filed. I figured if it take 6 months I better do it asap. I made an infopass appointment and scheduled a meeting with our congressman's secretary to discuss our case. The congressman's secretary told us that is was required but that she would chase it up and try and see if she could get our I-824 expedited but offered no promises. Then we went to our infopass appointment..

Surprise surprise, she told us exactly what I expected to hear: Of course you don't need your NOA2 to file because you have a K1 visa in your passport. More importantly that K1 visa has your receipt number, and your A number recorded in it. She showed us that our receipt number could be used to instantly pull up our file on their system which showed our I-129F status as approved. She printed out a copy of this for us to use in our AOS application. She told us she was sorry that we had been misinformed but could not stop the I-824 from going through; We would just have to eat the $405 fee.

For any of you out there that have lost your NOA2 (aka I-797): RELAX and DO NOT FILE AN I-824!! If you want reassurance make an infopass appointment and ask for a printed copy of your approval on their system. If you don't have a receipt number on your K1 visa they will give it to you if you provide your A number (on your K1 and I-94).

It happens to people all the time, it is not a big deal, and it should not hold up your application.

Hope this makes someone feel better.

-Matt

[LynLyn120 3]

I lost my original NOA2 also, but I still have a copy with me but only front page. Is it ok to submit only the front page of NOA2 for AOS?

[Merrytooth 5,748]

I lost my original NOA2 also, but I still have a copy with me but only front page. Is it ok to submit only the front page of NOA2 for AOS?

Yes

[augusta23 8]

what kind of print out they give at the local office?.we lost our noa2 and do i need to state that on the aos package?

[Merrytooth 5,748]

what kind of print out they give at the local office?.we lost our noa2 and do i need to state that on the aos package?

The USCIS officer at the local office print out a copy of our I-129F Case History.

e.g.

ACTION CODE ACTION DATE USER ID

AA RECEVIED 01262009 WACXXXX

IBS1 NO SYSTEM IDENTIFIED DEROGATORY INFO 01272009 WACXXXX

IAA RECEIPT NOTICE SENT 01272009 WACXXXX

KE DATA CHANGE 01282009 WACXXXX

DA APPROVED 03262009 WACXXXX

IEA APPROVAL NOTICE SENT 03262009 WACXXXX

The print out shown my I-129F was approved and USCIS sent out the NOA2 approval notice but we never received it.

So in your AOS package cover letter, state that you lost your NOA2 and you are submitting the following:

example:

- 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