F2A I-130 approved; Can I-485 be filed without Approval Notice?


kohokoho

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Posted

Hi All,

We have an I-130 for F2A approved, but seem to have misplaced the approval notice letter. We do have the original I-797C receipt notice showing the Priority Date and Receipt Number.

It appears our priority date will become current soon. Can we file I-485 using a copy of the I-797C receipt we have (since it shows the PD and receipt number, and USCIS would have in their records that this I-130 was approved), or must it be filed with a duplicate approval notice?

It seems to obtain a duplicate approval notice it costs $405 (!!), and no idea how long it would take to get it.

Thanks.

  • 3 weeks later...
Posted

Actually, I am going to change my answer - yes you can. To file I-485 you don't really need I-140 approval. As long as I-140 is filed and your PD is current, one can file. So, the USCIS has a way of checking for your approval within the system, and that's really all you need.

Posted

Thanks - good to finally see a response.

Ours is a I-130, but that probably makes no difference.

Perhaps we should also include a cover letter/sticky note explaining the issue.

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