Green card application without NOA 2?

[joray]

Hi, I entered the US on K1 fiance visa and got married within three months. Now, I'm trying to apply for the green card, but, we don't have NOA 2 letter, or I-797, What is the chance for us to get approved? Is it mission impossible? We will include the NOA 2 email though, and a printout from USCIS case status search, saying the case is approved, but it doesn't have my name printed on those papers. Does anyone know if there's a rule inside the USCIS that without NOA2 letter, no AOS application can be approved?

 

If we are not approved, do we forfeit the 395-dollar filling fee? We are also filing for advance parole and employment authorization. What would happen to those applications and fees if the AOS application is rejected?

 

Thank you!

Edited February 14, 2006 by joray (see edit history)

[frank1538]

The AOS application is rather specific in requining the Approval Notice. You can always apply for another one by using the I-824 - http://uscis.gov/graphics/formsfee/forms/files/I-824.pdf

 

My sense is that the AOS won't get denied outright without the Approval Notice, but there's no guarantee. Rather, I'd bet you'd get an RFE (Request for Evidence) asking for it.

 

One possibility that I do not recommend is to file an I-130 along with the I-485. The instructions allow for this, but I don't think it's indended for K-1 visa holders seeking to adjust status. Besides, the fee for the I-130 is higher than the fee for the I-824.

 

One thing I might do is to check the processing times for the I-824 for your area. If the I-824 is being processed within 6 months, you might consider filing the I-824 and waiting on filing the I-485 until the Approval Notice is received. Be careful about timing though. Some things like medical exams expire after a year if you haven't filed the I-485.

 

The other alternative would be to file the I-824 now but also file the I-485. If you get an RFE on the Approval Notice, you'll still have a little time left to get the Approval Notice. Be careful here too. If you cannot supply the information requested in the RFE within the time limits, chances are good that the AOS application would be denied.

 

Filing fees are rearely if ever refunded. So, if the AOS application is denied (rather than suspended waiting on additional eveidence), you'll likely lose the fee. However, if your I-485 is denied, the loss of the fee would be the least of your problems.

[pkfops]

Just to add:

 

I got a RFE for our AOS and they gave us 87 days to respond.