2nd letter for intend to revok (NOID), urgent help

[laurarajesh 0]

Dear friends

i wan ask question

i filed I-129f (K3) and I-130 visa petition

approved both petition by uscis

I-129 f sent to the nvc, uscis hold i-130

nvc sent embassy i-129

visa denied after interview because bonafide relationship, I-129f

I-129f case sent back to the uscis

uscis sent letter for i-129f to us that petition expired after four month and embassey not revelited petittion.

but uscis sent i-130 back to BIA after they revoked my i-130.

BIA remand my case and sent back to USCIS to consider my case back.

but today embassy told me that uscis going to sent another NOIR letter insted of they send case to embassy

Department of state excepted that they (embassy ) did mistic on our case.and embassy try to bring my case back

my know about 2nd NOIR (leter of intend to revok ) is this ever happend with anyone

need help

Edited May 21, 2010 by laurarajesh

[Nagishkaw 510]

Topic moved from MENA to Asia South.

[~kiyah~ 14]

Dear friends

i wan ask question

i filed I-129f (K3) and I-130 visa petition

approved both petition by uscis

I-129 f sent to the nvc, uscis hold i-130

nvc sent embassy i-129

visa denied after interview because bonafide relationship, I-129f

I-129f case sent back to the uscis

uscis sent letter for i-129f to us that petition expired after four month and embassey not revelited petittion.

but uscis sent i-130 back to BIA after they revoked my i-130.

BIA remand my case and sent back to USCIS to consider my case back.

but today embassy told me that uscis going to sent another NOIR letter insted of they send case to embassy

Department of state excepted that they (embassy ) did mistic on our case.and embassy try to bring my case back

my know about 2nd NOIR (leter of intend to revok ) is this ever happend with anyone

need help

I'm sorry I'm not going to be of much help with this one.

I'm not very familiar with the Board of Immigration Appeals processes, this isn't something I have followed very much. I know of a couple of cases that have gone through the BIA, but their USCIS revocations weren't because of the inability to rebut the general "non bonafide relationship" reason, there were very specific ineligibilities under the INA which applied to those cases such as fraud and/or misrepresention.

The BIA 'may' have the authority to not agree with the revocation of the I-130 and have sent it back to the USCIS for re-adjudication, not sure about that. Did you respond to the original NOIR/NOID for the I-130 within the timeframe the USCIS asked for it? If so, in your mind did your rebuttal address the "non bonafide relationship" the NOIOR/NOID specified was the reson for the return? Did the USCIS provide a specific reason for the final decision to revoke the I-130?

I know one thing, If I received a 2nd NOIR/NOID that is another opportunity to address this petition return, I would take it. If "bonafide relationship" is the only reason given to you for all of this, then tell the story of your relationship from the beginning up to current date with proof of spending time together, plane ticket receipts, copies of passports, letters, photos, emails, phone records, affidavits from family and friends, co-mingled finances, etc.

I do think that you should seek legal advice on this one from an attorney experienced in this specific area of family immigration, as it does involve the Board of Immigration Appeals and a previously revoked petition. Once a petition is officially revoked there is a marker placed in the beneficiary immigration record, this may need to be addressed by legal counsel. Legal counsel can also assist you with the 2nd NOIR/NOID.

~kiyah~

[laurarajesh 0]

I'm sorry I'm not going to be of much help with this one.

I'm not very familiar with the Board of Immigration Appeals processes, this isn't something I have followed very much. I know of a couple of cases that have gone through the BIA, but their USCIS revocations weren't because of the inability to rebut the general "non bonafide relationship" reason, there were very specific ineligibilities under the INA which applied to those cases such as fraud and/or misrepresention.

The BIA 'may' have the authority to not agree with the revocation of the I-130 and have sent it back to the USCIS for re-adjudication, not sure about that. Did you respond to the original NOIR/NOID for the I-130 within the timeframe the USCIS asked for it? If so, in your mind did your rebuttal address the "non bonafide relationship" the NOIOR/NOID specified was the reson for the return? Did the USCIS provide a specific reason for the final decision to revoke the I-130?

I know one thing, If I received a 2nd NOIR/NOID that is another opportunity to address this petition return, I would take it. If "bonafide relationship" is the only reason given to you for all of this, then tell the story of your relationship from the beginning up to current date with proof of spending time together, plane ticket receipts, copies of passports, letters, photos, emails, phone records, affidavits from family and friends, co-mingled finances, etc.

I do think that you should seek legal advice on this one from an attorney experienced in this specific area of family immigration, as it does involve the Board of Immigration Appeals and a previously revoked petition. Once a petition is officially revoked there is a marker placed in the beneficiary immigration record, this may need to be addressed by legal counsel. Legal counsel can also assist you with the 2nd NOIR/NOID.

~kiyah~

Dear friend

you right

we are geeting ready for new noir, but we not recived noir letter yet we can get any time

me and my wife liveing toghter in india from last six month, we vist embassy toghter talked to head of embassy.and they agree with our true relationship.and embassy helping also

actuly when embassy asked my case from uscis. they sent letter to embassy that they going to send us noir letter. after that uscis will take desicion on my case.

i dont know wt they going to ask in 2nd noir. after bia returned case

i think we not abel to reply properly to uscis first time that is why they revoked . but when we reply bia all information they send case back to uscis.i just wan ask that is that any one ever gone thrugh this so he or she can help me

thanks

[Darnell 8,478]

you've been in India these last 6 months? File a new I-130 via Direct Consular Filing, forget about the prior denials.

Seriously !

File I-130 via DCF on Monday. You have 24 hours to prep all.

(No No, don't ask me any questions - review http://www.visajourney.com/content/dcf and go forth. )

Good Luck!

Edited May 22, 2010 by Darnell

[Darnell 8,478]

Did you file a new I-130 via DCF, or no ?