I-129f TERMINATION LETTER ??

[JimVaPhuong 4,863]

We called USCIS and a representative said NOTICE TO DENY letter.

What does that letter means? What should we expect from it?

Thank you

Notice Of Intent To Deny, or NOID. It's bad news.

The consulate officer didn't believe your relationship was real. They believed it was an attempt to circumvent immigration law. The consular officer sent the petition back to the USCIS with the recommendation that the approval of the petition be revoked. In the consular officer's mind, it should never have been approved.

The reason this letter is bad news is because USCIS apparently agrees with the consular officer, and now they're intending to revoke the approval of your petition. What's worse is that it was the California Service Center. They usually don't readjudicate returned petitions. They just let them expire and let the petitioner file another one. The fact that they're sending a NOID without you having first tried to submit another petition means the consular officer's evidence must have been very convincing.

Here's the rough part...

By returning the petition, the consular officer has made an accusation against your fiancee. The accusation is that she made a material misrepresentation by applying for a visa based on an invalid relationship. That resulted in your petition being flagged. Marc Ellis, an attorney who sometimes posts on this board, calls this a "P6C marker", where "P6C" refers to section 212(a), paragraph 6C, of the Immigration and Nationality Act. That particular paragraph deals with immigration fraud.

In a nutshell, the consular officer has accused your fiancee of fraud. If USCIS concurs by revoking the approval of the petition then that accusation becomes a finding of fact. In the eyes of the US government your fiancee will be guilty of immigration fraud. No future visa application will ever be approved for her unless she can get an I-601 waiver for the fraud charge. Those waivers are difficult to get, and usually require an experienced (and expensive) attorney.

What I suggest you do is contact a good immigration attorney now. When you get the NOID letter you will have a limited amount of time to respond to it, usually about 30 days. If you don't respond forcefully and with tons of evidence then they'll revoke the approval of the petition, your fiancee will be guilty of fraud, and it will be much more difficult to get a visa in the future. Your main objective now is to stop USCIS from revoking the approval of that petition.

[bigdog 376]

Notice Of Intent To Deny, or NOID. It's bad news.

The consulate officer didn't believe your relationship was real. They believed it was an attempt to circumvent immigration law. The consular officer sent the petition back to the USCIS with the recommendation that the approval of the petition be revoked. In the consular officer's mind, it should never have been approved.

The reason this letter is bad news is because USCIS apparently agrees with the consular officer, and now they're intending to revoke the approval of your petition. What's worse is that it was the California Service Center. They usually don't readjudicate returned petitions. They just let them expire and let the petitioner file another one. The fact that they're sending a NOID without you having first tried to submit another petition means the consular officer's evidence must have been very convincing.

Here's the rough part...

By returning the petition, the consular officer has made an accusation against your fiancee. The accusation is that she made a material misrepresentation by applying for a visa based on an invalid relationship. That resulted in your petition being flagged. Marc Ellis, an attorney who sometimes posts on this board, calls this a "P6C marker", where "P6C" refers to section 212(a), paragraph 6C, of the Immigration and Nationality Act. That particular paragraph deals with immigration fraud.

In a nutshell, the consular officer has accused your fiancee of fraud. If USCIS concurs by revoking the approval of the petition then that accusation becomes a finding of fact. In the eyes of the US government your fiancee will be guilty of immigration fraud. No future visa application will ever be approved for her unless she can get an I-601 waiver for the fraud charge. Those waivers are difficult to get, and usually require an experienced (and expensive) attorney.

What I suggest you do is contact a good immigration attorney now. When you get the NOID letter you will have a limited amount of time to respond to it, usually about 30 days. If you don't respond forcefully and with tons of evidence then they'll revoke the approval of the petition, your fiancee will be guilty of fraud, and it will be much more difficult to get a visa in the future. Your main objective now is to stop USCIS from revoking the approval of that petition.

[dwheels76 5,468]

Notice Of Intent To Deny, or NOID. It's bad news.

The consulate officer didn't believe your relationship was real. They believed it was an attempt to circumvent immigration law. The consular officer sent the petition back to the USCIS with the recommendation that the approval of the petition be revoked. In the consular officer's mind, it should never have been approved.

The reason this letter is bad news is because USCIS apparently agrees with the consular officer, and now they're intending to revoke the approval of your petition. What's worse is that it was the California Service Center. They usually don't readjudicate returned petitions. They just let them expire and let the petitioner file another one. The fact that they're sending a NOID without you having first tried to submit another petition means the consular officer's evidence must have been very convincing.

Here's the rough part...

By returning the petition, the consular officer has made an accusation against your fiancee. The accusation is that she made a material misrepresentation by applying for a visa based on an invalid relationship. That resulted in your petition being flagged. Marc Ellis, an attorney who sometimes posts on this board, calls this a "P6C marker", where "P6C" refers to section 212(a), paragraph 6C, of the Immigration and Nationality Act. That particular paragraph deals with immigration fraud.

In a nutshell, the consular officer has accused your fiancee of fraud. If USCIS concurs by revoking the approval of the petition then that accusation becomes a finding of fact. In the eyes of the US government your fiancee will be guilty of immigration fraud. No future visa application will ever be approved for her unless she can get an I-601 waiver for the fraud charge. Those waivers are difficult to get, and usually require an experienced (and expensive) attorney.

What I suggest you do is contact a good immigration attorney now. When you get the NOID letter you will have a limited amount of time to respond to it, usually about 30 days. If you don't respond forcefully and with tons of evidence then they'll revoke the approval of the petition, your fiancee will be guilty of fraud, and it will be much more difficult to get a visa in the future. Your main objective now is to stop USCIS from revoking the approval of that petition.

WOW this is something that should be pinned. Excellent explanation and breakdown no grey area at all. Thank you for this.

[MIBEN 83]

Difference between NOID and NOIR, NOID you can reapply but NOIR you can no longer apply for a visa as stated above because of fraud. In the case of NOIR you are suppose to get an opportunity to provide further evidence to overcome the CO findings. I have seen both NOID and NOIR be overcome and case forwarded to NVC for a second interview. Get some legal counseling...

Good Luck,