csf

Hi,

I am about to file for my AOS (based on marriage to US citizen), however, I have lost my NOA form which shows my H1-B visa was extended until 2007. I still have the bottom part of the form which has the new I-94 on it, however, the top part is missing. I am really worried now as I don't want to file if I am missing anything critical.

Please advise. Your feedback is much appreciated.

Thanks,

Chris

Rete

I don't recall that you are asked for anything but a copy of the current I-94 that shows your status, etc.

Rete

SecretGarden

Rete,
You are required to submit a copy of the I-797 Petition Approval Notice with your application for AOS, at least on the basis of marriage via K1.

Have it right here in the gigantic binder.

~SG

csf

Rete, interestingly enough you might be right. On Form I-485 under 'Evidence of Status' it states: "Submit a copy of your Form I-94, NonImmigrant Arrival/Deaparture Record, showing your admission to the U.S. and current status, or otherwise evidence of your status."

If this is the case, then great

SecretGarden, your case may be different as a K1, but can you confirm where you are instructed to provide the NOA? This will be a big help to me also.

Thanks,

Chris

SecretGarden

Hi Chris,
On the I-485 it states: I am applying for adjustment of status to permanent resident because: "I entered as a K-1 fiance(e) of a US citizen whom I married within 90 days of entry, or I am the K-2 child of such a fiance(e). Attach a copy of the fiance(e) petition approval notice and the marriage certificate."

There are obviously several other basis for application---the only other condition that mentions the approval notice being needed is this one:

"an immigrant petition giving me an immediately available immigrant visa number has been approved. Attach a copy of the approval notice---or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved."

eeeek. Now I've confused myself.

~SG

Chris: Look for posts mentioning this issue by "jeffreyhy" I know he had an issue because his approval notice never came in the mail and he found a way to ask for a new copy. I do hope this helps and hasn't made it worse!

csf

Thanks SG! I think you're ok It looks like the criteria for the K1 are slightly different. As far as I know, (Rete correct me if I'm wrong!), the "Attach a copy of the approval notice---or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application..." sentence refers to the I-130, which once approved will allocate a visa number.

Does this mean I still only need to provide the I-94? I'm 99% sure. SG, don't worry...I think for your case you have done everything correctly.

Rete

But he is talking about an I-797 for his work visa not for a K-1 or a K-3. That is something altogether different.

Rete

SG is correct you need the I-797 Notice of Approval for the K-1 when you file for AOS after marriage. But you didn't come in on a K-1 or an approved K-3 nor do you have an existing I-130 pending at the service center.

I believe in that case the instructions state to include a copy of your I-94. If you had a copy of the I-797 of course include it but since you don't I would try submitting it without the I-797 since it is for an altogether different visa than one related to marriage to a US Citizen

csf

Rete, not sure if this makes any difference, but I am also filing for AOS based on my marriage to a US citizen. I did arrive as (and am currently) an H1-B, not a K-1, so hopefully this doesn't change the situation of only needing to provide the I-94. I guess, like you said, just go ahead and file what I have and see what happens.

Rete

You can always look for old posts from Andy Platt. He filed from an H-1B. I'm going on logical here and would think they want proof that you entered the US legally and were inspected. Which, of course, you were and the I-94 proves that. If they kick it back then you have to see about getting a replacement. Here's hoping it is accepted right off.

SecretGarden

I hope so too, although since Chicago is doing AOS apps from two years ago it might be awhile till we find out!

Good luck Chris!
~SecretGarden