Appeal

[Shoot Em Straight 385]

Today i get message that they revoke my application

he did not know what books i read and he joked in interview about Thanksgiving calling it BIG CHICKEN DAY as my favorite holiday

they said he did not know what religion i was before i married and became musleum

I converted to Islam before i met him/

now i have to January 26th to do say i will appeal. Should i appeal or reapply?

That BIG CHICKEN DAY comment was endearing it shows he has a sense of humor

I am sorry to hear the news

Stay strong and Fight!!!

You have a chance still with the Visa...Appeal!!!! With everything you can.

Good thoughts to you!!!

[Adil & Jeanne 296]

chokran

We laughed at that when he said it

That BIG CHICKEN DAY comment was endearing it shows he has a sense of humor

I am sorry to hear the news

Stay strong and Fight!!!

You have a chance still with the Visa...Appeal!!!! With everything you can.

Good thoughts to you!!!

[together4evr 360]

I found this link. I hope it helps. Also, You have 15 days to respond to appeal. I checked uscis website and searched revoke appeal.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-14756/0-0-0-14832.html

(d) Appeals . The petitioner or self-petitioner may appeal the decision to revoke the approval within 15 days after the service of notice of the revocation. The appeal must be filed as provided in part 3 of this chapter, unless the Associate Commissioner for Examinations exercises appellate jurisdiction over the revocation under part 103 of this chapter. Appeals filed with the Associate Commissioner for Examinations must meet the requirements of part 103 of this chapter. (Added 3/26/96; 61 FR 13061 )

http://www.visajourney.com/forums/topic/206014-notice-of-intent-to-revoke-got-2-of-them/page__st__15

Group:Members

Joined:09-June 09

Location:Southern Cal

Filed for: K-1 Visa

Filing Location: California Service Center

Local USCIS Office: Los Angeles

Country: Vietnam

Timeline Photos

Posted 05 July 2009 - 02:26 AM

QUOTE (Usman's Fairy @ Jul 4 2009, 08:37 PM) <{POST_SNAPBACK}>

Hey all,

My question is, how much worse is it that I got an intent to revoke rather than intent to deny and does anyone have any suggestions or advice? This whole thing has been so stressful and I really do not want to screw up. Usman is finding it hard to be positive and thinks that this is a final decision. My family takes this as a personal affront and have written personal letters they want me to submit with my response. I am trying to be positive and thinking if I am convincing that we still have a chance.

I would greatly appreciate any and all input on this. My mind is a jumble and it would help me so much.

I've gotta get back in here and figure out how to navigate this site again. lol. Wishing everyone the best.

Saba

Saba Im going to try and give you a positive response. Although I am not a lawyer, and this is only my opioion, see if this help you in deciding if you need professional advice. First of all, members here who are in your position would walk thru fire, just to get 1 NOIR, your very lucky to get 2. NOIR AND NOID are 2 different things, NOIR is only appicable if your petition was intially apporved by USCIS and returned by consulate. NOID (deny) is only issued if your petition you filled was denied, before NOA2 by USCIS. NOIR and NOIDs are issued before an absolute descision is reached in your case by USCIS. This gives the petition a chance to depute finds by COs, or IOs, without having to file I-290B official appeal form. IF you are not able to overcome the CO finding in your rebutal or fail to respond to NOIR in time, then USCIS will delcare your petition as revoked. Then you may file an official appeal of the final decision.Same procedure with NOID. You must clear up any missunderstanding with consulate finding in your rebutal breif,along with any supporting proof of your claim. Once you have satified the IO concerns they will reaffirm your case. In your situation you should also be entitled to request an expedit on your reaffirmed petition as well , due to the fact that you stated their were some errors on USCIS part. I understand that both of you are very worried about this issue, due to the fact that you havent received any information on how to proceed with this matter. Actually you should be happy and take advantage of this situation. You are know being given a chance to tell your side of your LOVE STORY to USCIS. It is not over, infact it is the restart of your personal goal again. About the concern you have with revoke or deny issue (if one is worst than the other). In my opioin revoke is better than deny, because USCIS beleived you already, you just have to prove that the consulate finding were only a missunderstanding. If you were denied, you would have been stuck at square 1 with USCIS and fight them, which would have been very diffucult and expensive. Fianlly i have given you 2 links (copy and paste) to USCIS regarding revocation procedure, I am assuming that you havent read them yet. After reading it, I hope it will answer all of your questions and concerns. Good Luck & God Speed

[together4evr 360]

I hope someone who has been through this will respond to you and help you through it.

I did more research and I think you have to file a I-290B and pay 690 dollars.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=343df95c93228210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[nurse1967 287]

Really I don't think most of these people have a sense of humor so they probably didn't like the fact that your husband or fiance was making light of the situation. Also, it sounds like he didn't know some basic information about you as well. This always spells trouble in the eyes of the person doing the interview.

Edited December 31, 2011 by Betsy El Sum

[together4evr 360]

Jeanne,

I just read your last post. You have been through so much in your life. How is your son? I am sorry for all your loses. It is time for you to be happy. I am glad you have been able to spend over 6 months in Morocco with your husband and I truly hope you can bring him here soon.

After reading all that I have read about appeals process, I am more confused then ever. I do not know what I would do. You were first denied as fiance and then revoked this time.... I think I might refile and start from a clean slate. I am not sure. I am a fighter by nature but I have not been through what you have. So, I wish you the best of luck in whatever you decide to pursue.

God Bless

[myloveadil 4]

Today i get message that they revoke my application

he did not know what books i read and he joked in interview about Thanksgiving calling it BIG CHICKEN DAY as my favorite holiday

they said he did not know what religion i was before i married and became musleum

I converted to Islam before i met him/

now i have to January 26th to do say i will appeal. Should i appeal or reapply?

First I want to say I am very sorry for what u are going through I know how you feel!

My husband and I had our interview sept-27-2010 and were denied, we waited one year before we heard anything and then we were revoked also, made an appeal and revoked again why we still don't know but then we went full force and now have a visa approved as of december 13!! please feel free to message me I would be happy to help and give any advice I can!

[Josie-Be-Happy 11]

Unfortunately, Morocco is a very tough embassy. I can't believe with all of the proof that was provided ended up as a revocation. I'm very saddened to hear about your story. I don't know much about the appeal process but I would recommend that you file an appeal rather than starting the petition all over again. From many postings I read, the embassy in Morocco is very tough especially towards men. They try to find any reason to deny the visa by asking really tough questions. I know that you stated that your fiance knows more about you than your late husband, however, there may have been some questions that were asked and he simply did not know the answer. Try to get all of the facts of the interview from your fiance and the questions that he was asked as well as his responses.

Wishing you the best of luck on your appeal or whatever course of action you choose.

[bigdog 376]

You can always get the assistance of an attorney, hate to say it, but it might help. Research research research. Good Luck.

[Adil & Jeanne 296]

he knows i have a sports car and race

he knows my mother is in a senior citizen apartment. He has talked to her on cam when i got a chance to visit

he knows the iomportant things in my life. not what USCIS thinks is important but my life.

not the books i read as that is not part of my life.

they did not even know the answers to these questions as no one asked me

how can they say what he said it not the truth?

they don't know my favorite color and the color of my house.

Adil does.

Really I don't think most of these people have a sense of humor so they probably didn't like the fact that your husband or fiance was making light of the situation. Also, it sounds like he didn't know some basic information about you as well. This always spells trouble in the eyes of the person doing the interview.

[Mark + Melissa 49]

Umm.. When it was denied in July, why didn't you start the appeal process then? I would go ahead and start NOW, but be prepared to answer that question, or start the process over if they won't reaffirm the application since it has already been revoked. You may also want to consider contacting an attorney to assist you. Good luck!

[Adil & Jeanne 296]

I had an attorney for this process.

He was no help.

HIs hand was out for money only

He said get me the RFE and i did all the work,

for $3000 he mailed it to USCIS

You can always get the assistance of an attorney, hate to say it, but it might help. Research research research. Good Luck.

[Mark + Melissa 49]

Umm.. When it was denied in July, why didn't you start the appeal process then? I would go ahead and start NOW, but be prepared to answer that question, or start the process over if they won't reaffirm the application since it has already been revoked. You may also want to consider contacting an attorney to assist you. Good luck!

As for what he knows about you, I agree with Betsy that it sounds like he doesn't know enough. My love can tell you the last 5 books I read, what I'm reading now, what movies I enjoy, the last movie I watched, and even what TV series I'm watching now on Netflix (Heroes.. lol). I know that James Clavell and CJ Cherryh are his favorite authors and that he just started reading Clavell's TAIPAN and just finished Shogun. (and the Gates Trilogy by CJ Cherryh befor that lol!) He can tell you I love country music which he hates, and that I hate 70's rock which he loves, but that we both enjoy blues music. He can tell you the history of my cat, and I can tell you his deceased mom's favorite dish. We've talked about family history, geneology, UFO's, ghosts, bigfoot, death, afterlife, various religions, Napolean, JFK Kennedy assassination, Roman and Greek History. He has read me gaelic poems and translated for him, and I've learned to make white pudding and that I love the sweet taste of fried haggis. And that IrnBru is NASTY!

Please don't take this the wrong way but this kind of knowledge is important in a partner. It's this kind of knowledge that builds relationships.

[4ever mine 9]

he knows i have a sports car and race

he knows my mother is in a senior citizen apartment. He has talked to her on cam when i got a chance to visit

he knows the iomportant things in my life. not what USCIS thinks is important but my life.

not the books i read as that is not part of my life.

they did not even know the answers to these questions as no one asked me

how can they say what he said it not the truth?

they don't know my favorite color and the color of my house.

Adil does.

I am trying to understand that it was truly revoked or that you received a Notice of Intent to Revoke. Did you respond to the NOIR? I would do two things, refile the I-130 and respond to the revocation. It takes a lot to overturn a revocation which you may note able to at this point. The process to appeal the revocation is so hard and you wll need to go before a judge. It takes a long time for the appeal process of a revication which is why I say to refile the I-130. There is no law that states you cannot refile the I130 while appealing the revocation. I would respond to everything let nothing expire. Letting it expire is worse and will hurt you in long run.

[Adil & Jeanne 296]

In July i was at the embassy. They would not let me in to talk. I finally got someone to come and speak to me at the window who told me it would be reviewed and be back in 2 months for the visa. The letter i got in October told me to wait for review. What is NOIR? if that is the paper given him that day there was no information on it. the 2nd page with comments was totally blank. I had an attorney, i relied on him to do what was needed. He said to wait for review and new interview.