CR-1 NOIR...ADVICE PLEASE!!!

[TracyHamza 1]

we just recieved a NOIR for our Cr-1...i've been living in morocco with my husband since Dec. 30th (a month before his interview)...when our petition was sent back i sent in more evidence (early & without them asking for it) including my proof of residency here...in the letter they sent they said i didn't send "travel plans and proof of stay with him" here in morocco and also that we didn't show courtship/ marriage ceremony...WTH?...also, some of the statements from the CO were completely untrue such as him saying that my husband said we met in july 2008 and then jan. 2008...my husband NEVER told this man july 2008 and the CO also omitted answers to questions like how do we overcome our cultural differences..there are a few other things that are ridiculious but i won't go into detail and make this long...

my questions are

1)should i resend all the evidence that we sent them as well as a copy of our tax return and any more statements from family/friends?

not sure what else we can send as we do not own property here in morocco, etc...we did send wedding pics but we had a small wedding and as i was the sponsor i had to return a wk after the wedding

and

2) can we start a direct consular filing while fighting this intent to revoke?

i figure if they are not bothering to look at the evidence we have already supplied then DCF might get someone to actually look at the evidence this time...

also...i have seen conflicting answers about revoke...some say a revoke means a ban from ever coming to the usa and others say that the beneficiary will just get a marker in their file....it seems to me that our NOIR came from merely "suggestions" and no basis of facts

3)will a revoke mean a ban or a marker in the file and would it be worth it to file direct consular?

can anyone answer this question too please?

any advice would help so much....thanks in advance

[Darnell 8,478]

1. yes - but do note there is some 'established process' to 'submit evidence' when a NOIR letter is in your hands.

2. yes .

Edited October 5, 2010 by Darnell

[TracyHamza 1]

1. yes - but do note there is some 'established process' to 'submit evidence' when a NOIR letter is in your hands.

2. yes .

Ohh...thank you thank you so much...I was not sure if we could start consular filing with this one in NOIR status...i assume i will have to re-submit all documents such as divorce/death cert. as well?...uscis still has all of our documents from this CR-1 as i never filed the form to get them returned...

uscis sent a blue cover letter for the rebuttal and I know i need to send that with the evidence but i am not sure if that is what you mean by established process

also, do you happen to know anything about this revoke question?...is it possible he could be banned or just the marker in his file?

[Darnell 8,478]

'established process' = 'follow instructions on the blue cover letter' for the rebuttal.

My apologies, you not mention that you were offerred a chance to rebut.

Some people get a NOIR and it contains rebuttal instructions, some ppl don't get it.

Since you got it -

anything and everything that you submitted to Casa in 'that attempt' to get the casefile held in Casa -

you must submit , plus more stuff, for the rebuttal 'evidence pile'

So - there's a seperate 'pile o stuff' for a 'seperate evidence' path.

----

On the I-130, filed via DCF to Casa, ya, sorry, assume yer starting from scratch, and include as comprehensive a package of 'evidence coverage' as you can - feel free to lift 'my list' that I generated for our petition (Guangzhou can be just as hard as Casa, alas) - see http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240

I hope that you made copies of stuff, just remember - anything you submit with the I-130 will be a PHOTOCOPY, and anything for the DS-230 civil documents needs to be an original or a certified copy.

Good Luck (and really, congrats on getting an opportunity to rebut ).

[TracyHamza 1]

'established process' = 'follow instructions on the blue cover letter' for the rebuttal.

My apologies, you not mention that you were offerred a chance to rebut.

Some people get a NOIR and it contains rebuttal instructions, some ppl don't get it.

Since you got it -

anything and everything that you submitted to Casa in 'that attempt' to get the casefile held in Casa -

you must submit , plus more stuff, for the rebuttal 'evidence pile'

So - there's a seperate 'pile o stuff' for a 'seperate evidence' path.

----

On the I-130, filed via DCF to Casa, ya, sorry, assume yer starting from scratch, and include as comprehensive a package of 'evidence coverage' as you can - feel free to lift 'my list' that I generated for our petition (Guangzhou can be just as hard as Casa, alas) - see http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240

I hope that you made copies of stuff, just remember - anything you submit with the I-130 will be a PHOTOCOPY, and anything for the DS-230 civil documents needs to be an original or a certified copy.

Good Luck (and really, congrats on getting an opportunity to rebut ).

thank you..i am so glad to have the opportunity to rebut their suppositions. I have prepared a numbered rebuttal statement and have seperate evidence folders corresponding to each numbered rebuttal answer to make it easy for them. Also I'm preparing a written statement from the beginning of our relationship to the present. Unfortunately, we are not rolling in money and don't own any property nor joint credit cards etc. so this part will be the hardest...it's funny to me that they would think just because someone owns stuff like this together is proof to them of a valid marriage because I'm sure there are many people who would do this just to make it look like a real marriage....

again thanks so much for the help and thanks for the luck...after everything we've been thru we're gonna need it...lol