Need advice for NOID I-130 response

[LandX 0]

I-130 & I-485: 2011/03/14

1st interview: 2011/06/10

2nd stoke interview: 2011/08/09

On-site visit: 2011/08/10

3rd stoke interview: same day, afternoon.

Moved to my wife's family house on August 21, 2011 (end of rental contract on the mutual address) and lived there until now. Marriage condition is strong.

Case was pending, no more on-site visit although we welcomed them to come anytime.

Case sent to extra investigation, then came back to the field office on March 8, 2013.

NOID issued on June 24, 2013 based only on the on-site visit in which the evidence was misinterpreted to draw the big contrast between our mutual address and my wife's family address where my stepdaughter and in-law lives.

I knew their suspect come from my out-of-status of international student and I don't blame them on that. I only want to defend our case and our family status. I could defend all the points showed on NOID and wrote it down, but NOID itself is the pressure on me (the beneficiary). My wife is still very confident, so the only thing I need to do now is response the NOID in the appropriate way.

I need the advice about what do I need to do in the response?

Edited June 30, 2013 by LandX

[Hypnos 6,576]

To overcome a NOID you need to throw the kitchen sink at USCIS in response. Respond directly to any points they make in the notice itself, and also resubmit absolutely everything you have ever submitted to prove a bona fide marital relationship. This is not the time to hold back.

You may also want to consider speaking to an experienced immigration attorney.

[chungthuy 0]

Once you receive NOID, you have 30 days to appeal. Hiring lawyer is best. You could do it your but could be risky.

The field investigator suspected the conflicting address and wife still have contact with her-ex. Assuming your wife divorced once.

I had NOID, hired lawyer and reaffirmed.

Good luck to you.

[LandX 0]

I'm in San Jose, could you recommend any experienced lawyer with NOID? How much does it cost to get the lawyer response for you?
And what did you submit in the response?

[Pitaya 2,577]

Agreed, time for you to retain the services of an experienced immigration attorney, and the clock is counting down.

Good luck.

[NigeriaorBust 4,087]

I agree with hiring a pro Marc Ellis comes to mind. If you decide to try to do it yourself remember this is NOT an emotional plea but a legal argument. Everything needs to be laid out and documented. Joint whatever , statements from people that are attesting to your relationship. Every statement they made needs to be shown to be wrong it a non emotional legal manner.

[LandX 0]

Thank you chungtuy for mention about her ex, the father of my step-daughter. But he lived in different house and there are nothing of him in my wife's family house, so no worry about that, and I think they verified it in the extra investigation.

And what did you submit in the response? What I only don't have now is our own children. But we couldn't do that until my step-daughter go to college or we may hurt her feeling and we couldn't afford a place for us, my step-daughter and one more child while our case is pending, my status is still in danger. My step-daughter will go to college in the next 2 years, we need to save money for college, too.

Finally, I think we was given a chance to submit all documents I have to the USCIS through the NOID.

We are dealing with just the civil USCIS officer, not a lawyer until we go with them to the court. NOID is not a legal argument, also. Our case is strong, so I need to learn from this special moment and share with people who did experience NOID, will experience NOID.

I have attorney since submitting application. But when case goes deeper, their opinions and information is even less than what I found from the internet and USCIS website. The attorney will help us in the legal procedure, but don't expect them to solve our problem. We are people who have to defend ourself.

What I need to consider is the appropriate way to response the NOID. I wish I have a sample details of an approved NOID for the reference.

Edited June 30, 2013 by LandX

[chungthuy 0]

LandX

It costed $2,500 and it depends where you live also. Once you hired a lawyer, he will go into details with you regarding the case. The clock is ticking, if you do not appeal within the time period, the case will be terminated. Good luck.

Thank you chungtuy for mention about her ex, the father of my step-daughter. But he lived in different house and there are nothing of him in my wife's family house, so no worry about that, and I think they verified it in the extra investigation.

And what did you submit in the response? What I only don't have now is our own children. But we couldn't do that until my step-daughter go to college or we may hurt her feeling and we couldn't afford a place for us, my step-daughter and one more child while our case is pending, my status is still in danger. My step-daughter will go to college in the next 2 years, we need to save money for college, too.

Finally, I think we was given a chance to submit all documents I have to the USCIS through the NOID.

We are dealing with just the civil USCIS officer, not a lawyer until we go with them to the court. NOID is not a legal argument, also. Our case is strong, so I need to learn from this special moment and share with people who did experience NOID, will experience NOID.

I have attorney since submitting application. But when case goes deeper, their opinions and information is even less than what I found from the internet and USCIS website. The attorney will help us in the legal procedure, but don't expect them to solve our problem. We are people who have to defend ourself.

What I need to consider is the appropriate way to response the NOID. I wish I have a sample details of an approved NOID for the reference.

[KayDeeCee 4,893]

~ Moved from AOS Family Based to AOS Work, Student & Tourist ~

Edited July 1, 2013 by Jay-Kay

[LandX 0]

We got I-130 approved today (Nov 27, 2013): about 4 months after the deadline of the NOID.

We will share our experience with you:

We response to the NOID ourselves without the support of lawyer. That does not mean I recommend everybody to response themselves. But if you have a strong case and with the following conditions, you could response the letter by yourself:

- Your English is fluent. Or you could draft your ideas first and then let somebody help you to turn it into the clear, precise language. We had our relatives and an English teacher to help me. Even when you need lawyer, draft your idea first. The lawyer knows the law, but not your case. The response letter is just a formal letter. Our letter is not a legal argument letter at all.

- Analyse the NOID and identify all what USCIS want to clarify. You need to answer ALL what they want to clarify and point out ALL that were not correct. Be polite and respectful! We have the feeling that the Officers who had interviewed us before were the Officers who read and decided the NOID also.

- Evidence. Everyday of your life together could be a strong evidence to USCIS Officers. If you could look at a couple on the street and tell that couple are happy or not; the Officers could do the same to you. Lawyer could not help you to create evidence; living separately could not help you to create evidence. If you live together, I believe you could create many natural evidence without intention. Answering the NOID is also a chance to look back at your sweet love. It's worth, right?!

- Know the law. In your NOID, there are some cases related to your case pointed out by USCIS. Research those cases to understand your right and what mistake you made could cause your case to be denied. Don't need to argue about the law, but you need strong argument to defend you and prove that their claims are incorrect.

- Finally, if you make mistake or lie about something, try to explain that is was not your intention to lie. It is difficult, We didn't get this problem. But in this case, you may need lawyer or you have to research the law carefully.

... and don't forget to make Infopass appointment every month. In case USCIS sent you the denied letter and the letter is lost, you are in real trouble.

Edited November 28, 2013 by LandX