Confused about NOIR Decision

[kelly1290 0]

My husband was interviewed for K3 visa back in Aug of 2008. We were put in AP for background investigation. He was re-interviewed in Dec. 2008 and was told that our petition would be sent back for possible revocation. Our petition made it back in March 2009 and I was presented with a NOIR at the beginning of July. I sent back the evidence required to dispute consular findings on July 27. Received email notice that the case processing had resumed on July 30, 2009. I received a notice of decision in the mail today that really confuses me.

It says, " This notice is in reference to the Form I-239F, petition for an Alien Fiance, filed for ************ pursuant to section 101(a) (15) (K) of the Immigrationand Nationality Act, as amended. The petition was approved on January 9, 2008, and was forwarded abroad to a United States Embassy/Consulate with a validity period of four months. Subsequently, the petition has been returned to the United States Citizenship and Immigration Services with a finding that the beneficiary was not issued the requested K3 visa. Since the period of validity has now expired, the petition will not be revalidated. Therefore, in accordance with 8 CFR 214.2 (k) (5), all USCIS action on this petition is concluded as of the date of this notice. However, the petitioner may choose to file a new Form I-129F, Petition for an Alien Fiance (e) for the beneficiary."

First of all, I have an approved I-130 petition that was approved on the same day as the K3. Secondary, we have been married for over two years, so I could not reapply for a new I-129F for both reasons. Thirdly, I never received a letter stating that it was revoked or was reaffirmed, so I am not sure what to do. My question is can I now push the approved I-130 to the NVC?

Thanks so much,

Deb

[imaisha 1]

Hmm... I don't know much about what happens when petitions are sent back to USCIS. I do know though that you're right, you cannot file another I-129f.

I know that some embassies automatically extend the validity period of the NOA2 for people who have interviews further out than 4 months. Not sure why your embassy didn't do that for you but I think that now that the petition has been returned there's not much the embassy will do for you.

Your I-130 was approved over a year and a half ago and NVC says if they don't hear anything from you within a year they'll close the case. There was someone posting here a month or two ago who contacted NVC about a case that was much, much older- like 4 or 5 years- and NVC continued to work with them on it. I think your best bet would be to contact NVC and speak to an operator to find out if they've held onto your I-130 file.

Even if you do continue with the IR-1, your husband will likely run into the same problems at that interview. Have you rectified the issues the CO had at the first two interviews? If it was doubts about your relationship there's probably more evidence you can provide covering the past year but if it's something like a criminal history or something that can't be changed then I'm not sure how much help another interview will be.

Hopefully someone who has more experience with this will be able to offer some better ideas. So sorry- best of luck...

[Enlighten one :) 5]

Hello, Good to see you , but not on these turms.

I do not have any good answer for you. But like the above poster said, will you run into the same problems with the CR1 interview and AP information?

What were the exact reasons for the denail. I know because they think the marriage was fraud, but did they give reason and proof?

[kelly1290 0]

Hi Missy,

Yes, it is good to hear from you again. How are you doing?

My K3 is the one that ended up at the embassy per my request. They sent it back because they claim his mother said we were not married which was not the truth. She didn't answer any questions besides she was my husband's mother and that he lived with her. My mother-in-law asked her several times who she was and why was she asking about her son's personal business and she would never answer her. Just kept telling her to answer the questions, so she refused to answer any more. The investigator decided she would lie and say she told her we were not married. They said neighbors didn't know anything about us being married, but of course, they wouldn't, we didn't get married in Lagos, we got married in Abuja, so they wouldn't have knowledge about our marriage. They completely left out his youngest brother who also was interviewed and did tell her that he was aware of our marriage and who I was. Interestingly, that was left out completely. They said my husband told them that he paid for all my travel to Nigeria but knew little detail about my income. He was never asked any details about my income. He was only asked what I did for a living and he told them a medical transcriptionist which is correct. Lastly, they said I didn't provide an affidavit of support which I did. This is supposed to be asked for before they interview and he said they never did ask for it at any time before or after the interview. When he told me that, it gave me the impression that they had every intention of denying the visa before he was ever interviewed, so I made sure I kept a written record of what questions were asked of him and the answers he gave, and by the way he answered all questions he was asked 100% correct. I also kept record of the name of the fraud investigator who interviewed me along with all emails we wrote to each other a month after the interview. It has all come quite in handy as her own words are going to bite her in the butt as I turned in all the emails that she wrote to me lying to me about different things along with the fact that she made the statement that her job was to show me that my husband was scamming me which I thought very inappropriate.

Actually, I called USCIS this morning. What I was told was the Notice of Decision on the I-129F is them signing off of that because no more work will be done on the K3 because it is beyond its validity. The NVC returned the I-130 which has not been processed at the NVC because of the return of the K3 for possible revocation. It is now sitting on a reviewer's desk waiting to be reviewed and I am to wait until they make a decision on it. They have 60 days from the day they received my evidence which is July 30 when case processing resumed which would be September 30. Of course, I was also told that I am calling too soon. Now I have my answer and I thank the couple of people who tried to help. Your help is really appreciated!

Thanks,

Deb

Hello, Good to see you , but not on these turms.

I do not have any good answer for you. But like the above poster said, will you run into the same problems with the CR1 interview and AP information?

What were the exact reasons for the denail. I know because they think the marriage was fraud, but did they give reason and proof?

[pushbrk 12,883]

My husband was interviewed for K3 visa back in Aug of 2008. We were put in AP for background investigation. He was re-interviewed in Dec. 2008 and was told that our petition would be sent back for possible revocation. Our petition made it back in March 2009 and I was presented with a NOIR at the beginning of July. I sent back the evidence required to dispute consular findings on July 27. Received email notice that the case processing had resumed on July 30, 2009. I received a notice of decision in the mail today that really confuses me.

It says, " This notice is in reference to the Form I-239F, petition for an Alien Fiance, filed for ************ pursuant to section 101(a) (15) (K) of the Immigrationand Nationality Act, as amended. The petition was approved on January 9, 2008, and was forwarded abroad to a United States Embassy/Consulate with a validity period of four months. Subsequently, the petition has been returned to the United States Citizenship and Immigration Services with a finding that the beneficiary was not issued the requested K3 visa. Since the period of validity has now expired, the petition will not be revalidated. Therefore, in accordance with 8 CFR 214.2 (k) (5), all USCIS action on this petition is concluded as of the date of this notice. However, the petitioner may choose to file a new Form I-129F, Petition for an Alien Fiance (e) for the beneficiary."

First of all, I have an approved I-130 petition that was approved on the same day as the K3. Secondary, we have been married for over two years, so I could not reapply for a new I-129F for both reasons. Thirdly, I never received a letter stating that it was revoked or was reaffirmed, so I am not sure what to do. My question is can I now push the approved I-130 to the NVC?

Thanks so much,

Deb

It means K3 and your I-129F are dead in the water. You can contact NVC about your I-130 and press forward for the IR1 visa. USCIS has only notified you of their decision about the I-129F. Just ignore everything in the boilerplate language that appears after "will not be revalidated".

[kelly1290 0]

My husband was interviewed for K3 visa back in Aug of 2008. We were put in AP for background investigation. He was re-interviewed in Dec. 2008 and was told that our petition would be sent back for possible revocation. Our petition made it back in March 2009 and I was presented with a NOIR at the beginning of July. I sent back the evidence required to dispute consular findings on July 27. Received email notice that the case processing had resumed on July 30, 2009. I received a notice of decision in the mail today that really confuses me.

It says, " This notice is in reference to the Form I-239F, petition for an Alien Fiance, filed for ************ pursuant to section 101(a) (15) (K) of the Immigrationand Nationality Act, as amended. The petition was approved on January 9, 2008, and was forwarded abroad to a United States Embassy/Consulate with a validity period of four months. Subsequently, the petition has been returned to the United States Citizenship and Immigration Services with a finding that the beneficiary was not issued the requested K3 visa. Since the period of validity has now expired, the petition will not be revalidated. Therefore, in accordance with 8 CFR 214.2 (k) (5), all USCIS action on this petition is concluded as of the date of this notice. However, the petitioner may choose to file a new Form I-129F, Petition for an Alien Fiance (e) for the beneficiary."

First of all, I have an approved I-130 petition that was approved on the same day as the K3. Secondary, we have been married for over two years, so I could not reapply for a new I-129F for both reasons. Thirdly, I never received a letter stating that it was revoked or was reaffirmed, so I am not sure what to do. My question is can I now push the approved I-130 to the NVC?

Thanks so much,

Deb

It means K3 and your I-129F are dead in the water. You can contact NVC about your I-130 and press forward for the IR1 visa. USCIS has only notified you of their decision about the I-129F. Just ignore everything in the boilerplate language that appears after "will not be revalidated".

Thanks Pushbrk! I had figured that out already about the K3. I called USCIS this morning. What I was told was the Notice of Decision on the I-129F is them signing off of that because no more work will be done on the K3 because it is beyond its validity. The NVC returned the I-130 which has not been processed at the NVC because of the return of the K3 for possible revocation. It is now sitting on a reviewer's desk waiting to be reviewed and I am to wait until they make a decision on it. They have 60 days from the day they received my evidence which is July 30 when case processing resumed which would be September 30. Of course, I was also told that I am calling too soon. Now I have my answer. Thanks a lot for your help!

Deb

[Enlighten one :) 5]

Deb that is great news. Doesn't seem as bad as before. You will have favor.

[kelly1290 0]

Thanks Mrs. Jib! Everything the embassy said was totally wrong and I have evidence to back up everything. They were working daily since receiving my evidence on July 30 on both I-130 and K-3 until Aug. 4 and I thought I would receive the final decision since all work ceased from that day, but I only received the notice of decision about the K3. They have not worked on anything since and that kind of worries me, but I will keep the faith and see it through. I will start calling again once it gets closer to Sept. 30.

Deb that is great news. Doesn't seem as bad as before. You will have favor.

[Enlighten one :) 5]

Have you personally requested that the USCIS initiate your CR1? I know that when the k3 moves to the embassy the CR1 goes into storage until he gets here.

I am assuming that nothing happens to the cr1 until someone initiates it??????

Thanks Mrs. Jib! Everything the embassy said was totally wrong and I have evidence to back up everything. They were working daily since receiving my evidence on July 30 on both I-130 and K-3 until Aug. 4 and I thought I would receive the final decision since all work ceased from that day, but I only received the notice of decision about the K3. They have not worked on anything since and that kind of worries me, but I will keep the faith and see it through. I will start calling again once it gets closer to Sept. 30.

Deb that is great news. Doesn't seem as bad as before. You will have favor.

[imaisha 1]

Have you personally requested that the USCIS initiate your CR1? I know that when the k3 moves to the embassy the CR1 goes into storage until he gets here.

What makes you think that? I was working on both paths at the same time. My K-3 was at the embassy waiting to be scheduled for an interview while my CR-1 was processing at NVC. I'm pretty sure the two petitions are completely independent of each other.

[pushbrk 12,883]

Have you personally requested that the USCIS initiate your CR1? I know that when the k3 moves to the embassy the CR1 goes into storage until he gets here.

What makes you think that? I was working on both paths at the same time. My K-3 was at the embassy waiting to be scheduled for an interview while my CR-1 was processing at NVC. I'm pretty sure the two petitions are completely independent of each other.

Sending the I-130 to storage was a procedure used temporarily but it stopped over a year ago. You can verify the current status of an I-130 by calling NVC with the case number. If they have it, just get it going. If they don't then you use the I-824 to get it going.