Dave Church

I'm a little at a loss. We filed for AOS and got back a request for
additional evidence saying the following.

"You appear to be filing as the beneficiary of an immigrant visa
petition. Please submit evidence that an immigrant visa pettioin has
been filed on your behalf. Such evidence includeds a copy of the
I-797 Notice of Action on Form I-129F, Form I-130, Form I-360, or Form
I-171."

The closest match would be I-171. But neither my wife (who got the
K-1 in Seoul last July) or I recieved an I-171.

Should we fill out an I-824 and pay the $140 fee because INS didn't
send us the form they were supposed to send? Or is there some other
way to do this?

Just to make it interesting, INS says that if they don't get this form
in 87 days since they sent it, the I-485 will be denied.

I would appreciate any help.

Thanks.

Dave

ian-mstm

If she got a K-1, don't you have a copy of the I-129F?

Ian

Rete

Don't have a clue what an I-171 is but if you wife received an K-1 then YOU as the USC got the I-797 approval notice in the mail when the I-129F was approved before it was sent to the US Consulate. That is the form you need to include with your AOS package. The I-824 for a placement I-797 could take up to a year to get. Search your files you must have a copy of it or at least a copy of the computer printout if you checked the CIS website on your I-129F.

If you don't have either of them (the computer printout might not work btw) you might want to file an I-130 for her to get the ball rolling or wait until you get a copy of the I-797 in response to your filed I-824.

The next best thing to try to do is call the 1-800 misinformation number and ask to speak with a supervisor. You do NOT want to speak with the dimwits that answer the phone. Ask them if they can contact the service center for you and have them send you a duplicate I-797 because you never received the original.

Rete

Folinskyinla

Hi:

Your wife is NOT the beneficiary of an immigrant visa petition. What box did you check on the I-485, part 2 -- you may have checked "a" rather than "c" -- which is an easy thing to do.

Just respond with a letter signed by your wife "I entered as the beneficiary of a K-1 NON-immigrant petition. I married the petitioner within 90 days. No immigrant visa petition is needed and was not filed."

Why file an I-824 -- its not needed. If necessary, enclose a photocopy of her K-1 visa.

Rete

The I-485 clearly states to include a copy of the I-797 and the original was asked of us at the AOS interview. You are also to include a copy of the K-1 visa from the passport at the time of filing. Just curious why you state it is not necessary.

Rete

Folinskyinla

Hi:

They didn't expressly ask for it for one. Also, the visa is proof of a K-1 approval else the damn thing wouldn't be issued. If he still have the filing number, print out the on-line inquiry sheet.

On further thought, a better response might be:

"I am responding to your RFE dated ------. I request that you adjudicate my application based upon government records and the information submitted herewith. I am not in possession of the I-797 showing approval of the I-129F application. However, enclosed please find [if applicable] the I-797 filing reciept and the "on-line" confirmation of approval. Also enclosed please find copies of my "Packet 3" cover letter from the Department of State. Also enclosed please find a copy of my K-1 visa issued by the US Embassy in Seoul. Also enclosed please find a copy of the front and back of my form I-94."

When an RFE is issued -- you have three options on your reply -- give them everything they request, give them part of what they ask for, or give them nothing. In all three, you can add comments and other evidence. The ONLY thing that results in bad events if failure to respond.

Rete

Thanks for the follow up post, Mr. Folinskyinla ;-) You confirmed what I had thought and responded that perhaps a printout of the online approval might suffice. The letter you outlined seems to be the ticket ;-)

Thanks again

Rete