noir

[carolynhotstuff 252]

I received a NOIR saying we didn't have a bona fide marital relationship and given the reasons why the embassy felt that way. We were only given 30 days to respond to the NOIR. I hired a lawyer and gathered 3 years worth of proof relationship. I recieved am email from USCIS letting us know they got out package and that it would take 30 to 60 days to get a response. We got a responce in less that 30 days that said out case had been reaffirmed.

We were lucky in that our NOIR came very quickly within a moth of being denied at the embassy. Our caes is now on it's way back to the embassy and they shoud have it in a few days.

[together4evr 360]

Wowthat is incredible news! Please yell us what the noir said exactly. And please tell us how it was.sent back so quick and reviewed so quick? Congrats

[carolynhotstuff 252]

We had been in AP for 15 months and I filed a Writ of Mandamus. A few weeks after filing that our case came out of AP and was sent back to USCIS. Things continued to move quickly with USCIS. I think it was due to the Writ of Mandamus.

During my husband's first interview the consular officer developed reasonable suspicion that the relationship between the beneficiary and petitioner was not bona fide; therefore, the case was referred to the Fraud Prevention Unit. It doesn't give the reason for her suspicions.

In a nut shell they felt our marriage was not bona fide because we married after knowing each other 3 months and had a small wedding. Also they sent a Fraud Analyst out to do a field investigation and 2 neighbors didn't know we were married. The Fraud Analyst also talked to my husband's cousin who lied and said my husband had paid someone in the past to get him a visa to the US.

To fight the NOIR we sent 3 years worth of Western Union reciepts, emails, chat longs, phone bills, letters from family and friends that knew of our marriage and we got a letter from the counsin stating that he lied to the Fraud Analyst. We also explained that not many people outside the family know we are married. I am a Christain and my husband is Muslim. He would face hardships from people if they knew he was married to a Christian.

30 days is not a lot of time to gather so much evidence. My husband had a bad motorcycle accident during the 30 days and it was very hard for him to get the letters we needed from his family and friends. It all came together and we got all the papers into USCIS and we won our appeal.

[EAbbas 213]

Really happy for you CArolyn!!!! This is indeed really good news!!!!!!!!! :dance:

[together4evr 360]

Hi Carolyn,

Congrats!! Wow it is really amazing to have it sent that quick. It must have been the Writ.

I am curious to know if you feel you did the right thing by filing the Writ? Because I know alot of Pakistan people are afraid to file and afraid of denial if they file a writ or get their congressmen involved.

If it was me, I would rather file the Writ and have it sent back and feel like I have some control then to just wait until FOREVER for them to decide to approve the petition.

I think your story will help many people. After he gets the visa please write a LONG post about "Writ of Mandus" so others can look up the post in years to come to see how you succeeded in getting his visa after a writ was filed.

I admire you and your strength through this process.

God Bless you and I hope he comes to you soon.

Keep us updated please

Micki

[carolynhotstuff 252]

I am happy that I filed the Writ of Mandamus. The embassy kepy us sitting in AP when they never had any intention of giving us the visa. Instead of rejecting us at the first interview they sent our case to the Fraud Prevention unit where it took months for them to call my husband in for a 2nd interview. 7 more months went by then they did the field investigation. If I hadn't filed the Writ of Mandamus we could still be in AP. I have a friend that has been in AP in Pakistan for 3 years. I wasn't going to let them do that to me and my husband.

It takes courage to file a Writ of Mandamus. It's not easy to take on the government but in our case they decided it was in their best interest to finish our case then to fight it out in court.

[Morenita08 0]

Hey Carolyn I am in a similar situation, im still waiting on a noir since uscis receiverd my case back in May i have a few questions for you.

1. Did you translate every single email?

2. How many emails, phone bilss etc did you send in or should i send in all?

3. If the noir doesnt state exactly what to send in, how would you know what to put in the package?

This is the worst situation anyone can be in, i really think where my case went wrong was by me not frontloading the i130 i thought that i was suppose to take the proof to the consulate which i found out at the interview they dont check anything at that time.

We had been in AP for 15 months and I filed a Writ of Mandamus. A few weeks after filing that our case came out of AP and was sent back to USCIS. Things continued to move quickly with USCIS. I think it was due to the Writ of Mandamus.

During my husband's first interview the consular officer developed reasonable suspicion that the relationship between the beneficiary and petitioner was not bona fide; therefore, the case was referred to the Fraud Prevention Unit. It doesn't give the reason for her suspicions.

In a nut shell they felt our marriage was not bona fide because we married after knowing each other 3 months and had a small wedding. Also they sent a Fraud Analyst out to do a field investigation and 2 neighbors didn't know we were married. The Fraud Analyst also talked to my husband's cousin who lied and said my husband had paid someone in the past to get him a visa to the US.

To fight the NOIR we sent 3 years worth of Western Union reciepts, emails, chat longs, phone bills, letters from family and friends that knew of our marriage and we got a letter from the counsin stating that he lied to the Fraud Analyst. We also explained that not many people outside the family know we are married. I am a Christain and my husband is Muslim. He would face hardships from people if they knew he was married to a Christian.

30 days is not a lot of time to gather so much evidence. My husband had a bad motorcycle accident during the 30 days and it was very hard for him to get the letters we needed from his family and friends. It all came together and we got all the papers into USCIS and we won our appeal.

[carolynhotstuff 252]

Hi Morenita08,

I think in order to fight the NOIR a lawyer is a must. I used a lawyer through the Immigration Services of Catholic Charities. They base their fees on income. Check to see if there is a Catholic Charities in your city.

The NOIR will not tell you what exactly to send. My lawyer told me what to gather. My husband and I have been together for 3 years so I had to send 3 years worth of proof of bona fide relationship. Do translate all emails. Send emails, phone records, proof that he is listed as a beneficiary on any of your accounts, proof that you have sent him money, copies of letters/items you have sent to each other. Have family members and friends write personal affidavits about your wedding and relationship(will need original signature of each person with name, address, phone number).

Begin drafting a personal affidavit regarding how you met, how your relationship developed, why you decided to travel to meet him. Be as specific as possible. Have your husband draft a similar statement. In your affidavit address each statement in the NOIR. Send pictures of you together and also proof of trips you have taken to see him. Mention how much time you have spent together in your affidavit.

Do you file income tax returns as married? If you do send copies of those.

You should see the stack of paperwork we sent to USCIS but in 3 weeks they reaffirmed our case. They sent me an email first then the actual letter went to my lawyer.

The NOIR can show up at any time and you only get 30 days to respond so I would start gathering stuff and translating emails now. I hope I was able to answer your questions and may God bless you.

[Morenita08 0]

How were you ab;e to translate all those emails??? That is something I really need help because everything is in spanish and i have so many i been working on several for weeks and dont seem to get done, i am also in mi if she cant tell me were i can go to translate everything?

Hi Morenita08,

I think in order to fight the NOIR a lawyer is a must. I used a lawyer through the Immigration Services of Catholic Charities. They base their fees on income. Check to see if there is a Catholic Charities in your city.

The NOIR will not tell you what exactly to send. My lawyer told me what to gather. My husband and I have been together for 3 years so I had to send 3 years worth of proof of bona fide relationship. Do translate all emails. Send emails, phone records, proof that he is listed as a beneficiary on any of your accounts, proof that you have sent him money, copies of letters/items you have sent to each other. Have family members and friends write personal affidavits about your wedding and relationship(will need original signature of each person with name, address, phone number).

Begin drafting a personal affidavit regarding how you met, how your relationship developed, why you decided to travel to meet him. Be as specific as possible. Have your husband draft a similar statement. In your affidavit address each statement in the NOIR. Send pictures of you together and also proof of trips you have taken to see him. Mention how much time you have spent together in your affidavit.

Do you file income tax returns as married? If you do send copies of those.

You should see the stack of paperwork we sent to USCIS but in 3 weeks they reaffirmed our case. They sent me an email first then the actual letter went to my lawyer.

The NOIR can show up at any time and you only get 30 days to respond so I would start gathering stuff and translating emails now. I hope I was able to answer your questions and may God bless you.

[carolynhotstuff 252]

Where you would go for help with the translations depends on the city you live in. It might cost you to have your papers translated. Maybe to save money you could just translate 1 email per week to send to USCIS. What they want to see is proof of communication over time.

My husband and I send emails in English so I didn't have to have those translated. If the letters from his family and friends are in Spanish those will also have to be translated and have the original signature of the writer. My husband had his family and friends write letters then he did the translations, sent them to me on the computer so I could fine tune the letters then I sent them back by computer and then he printed the letters and took them to be signed and noterized.

My poor husband should have been in the hospital from his motorcycle injuries but instead he was out getting letters to send to USCIS because as I said they only gave us 30 days or they would revoke our petition. We were not expecting to get our NOIR so soon and we were not prepared. It looks like you have time to get your paperwork together and you can be thankful for that.

[Angel cosmos 0]

I went for 221g appointment on jan 23,uscis received back my petition on april 9,they sent my attorney noir on july 28.I've forwarded my reply and supportig document to my attorney for him to forward to uscis,I pray they won't waste time to reaffirm my petition.

[carolynhotstuff 252]

USCIS sent me an email stating they had got my package and I would get a response within 30 to 60 days. They will not waste time and will reaffirm you petition very soon.

[Kehinde 45]

Hi Morenita08,

I think in order to fight the NOIR a lawyer is a must. I used a lawyer through the Immigration Services of Catholic Charities. They base their fees on income. Check to see if there is a Catholic Charities in your city.

The NOIR will not tell you what exactly to send. My lawyer told me what to gather. My husband and I have been together for 3 years so I had to send 3 years worth of proof of bona fide relationship. Do translate all emails. Send emails, phone records, proof that he is listed as a beneficiary on any of your accounts, proof that you have sent him money, copies of letters/items you have sent to each other. Have family members and friends write personal affidavits about your wedding and relationship(will need original signature of each person with name, address, phone number).

Begin drafting a personal affidavit regarding how you met, how your relationship developed, why you decided to travel to meet him. Be as specific as possible. Have your husband draft a similar statement. In your affidavit address each statement in the NOIR. Send pictures of you together and also proof of trips you have taken to see him. Mention how much time you have spent together in your affidavit.

Do you file income tax returns as married? If you do send copies of those.

You should see the stack of paperwork we sent to USCIS but in 3 weeks they reaffirmed our case. They sent me an email first then the actual letter went to my lawyer.

The NOIR can show up at any time and you only get 30 days to respond so I would start gathering stuff and translating emails now. I hope I was able to answer your questions and may God bless you.

When your petition is sent back...getting a lawyer is not a must. I did it without a lawyer just last month. I went to Nigeria so that i could be there when my husband went back for another interview ( after being reaffirmed). Read my review.

[carolynhotstuff 252]

You are right getting a lawyer should be decided on a case by case basis. In my case I didn't have a clue how to respond to the NOIR and getting a lawyer was a must.