NOID HOW LONG IT TAKES AFTER SUBMMITING EVIDENCE

[kwadwo 7]

can someone please help me with explanation my wife filed the i 130 forms and was called for interview she went and after waiting for about 5 months we got the letter intent to deny and we have to submit more evidence i am in africa we have a documents for our car we bought, our land and our house we are building before she left for the states we have a tenancy agreement with both of our names on it we have a son but my name wasn't written on his birth certificate so we want to do DNA to prove he is my son can someone help me to know if what we are doing is right thank u

[Penguin_ie 5,993]

Why exactly were you denied?

What questions did they concentrate on in the interview?

Any red flags such as large age gap, religious or educational differences, recent divorce

[kwadwo 7]

first and foremost if you get intent to deny does it mean u have been denied already

secondly, nothing like what you are asking flagged up but i think my wife didn't answer some questions right at the interview because when we got our son she was on a 5 yrs visa so after giving birth she when came to Ghana she won the diversity lottery so on my son's birth certificate the address there was where she was staying when she had my son and its her uncle place and after the winning the lottery and going back she went to stay there again for 6 months before having her own place till now so when she was filing she didn't state the date that she was there to have my son she just stated that she stayed on that same address for the 6 months she was there when she won the diversity lottery so i think they dont understand why your son was born 2010 and you said you stayed on the address of your son birth certificate you leaved for 6 months which is 2011 and also my name wasnt on the birth certificate because that she was there to give birth and didnt know the right things to do at that time so if we decided to do DNA to prove its my son and also send some documents to show our bona fide relationship. they said we havent provided no convincing proof of an ongoing marital relationship to support our claim otherwise our marriage is not valid . what must we do

Edited November 14, 2015 by kwadwo

[Ebunoluwa 6,136]

first and foremost if you get intent to deny does it mean u have been denied already

secondly, nothing like what you are asking flagged up but i think my wife didn't answer some questions right at the interview because when we got our son she was on a 5 yrs visa so after giving birth she when came to Ghana she won the diversity lottery so on my son's birth certificate the address there was where she was staying when she had my son and its her uncle place and after the winning the lottery and going back she went to stay there again for 6 months before having her own place till now so when she was filing she didn't state the date that she was there to have my son she just stated that she stayed on that same address for the 6 months she was there when she won the diversity lottery so i think they dont understand why your son was born 2010 and you said you stayed on the address of your son birth certificate you leaved for 6 months which is 2011 and also my name wasnt on the birth certificate because that she was there to give birth and didnt know the right things to do at that time so if we decided to do DNA to prove its my son and also send some documents to show our bona fide relationship. they said we havent provided no convincing proof of an ongoing marital relationship to support our claim otherwise our marriage is not valid . what must we do

Sorry, I don't understand the address thing above or why you aren't on the birth certificate but the process of a returned CR/IR case is

that once USCIS receives the petition back, they will send the petitioner a NOID/NOIR letter to which the petitioner has 30 days to respond to

as a rebuttal. If the response is not received or unsatisfactory the case will be denied. If USCIS is satisfied with the rebuttal, they will

return it to the embassy for a second interview at which time you have to overcome the issues or they can return it again.

This process can take 6-12+ months.

As far as DNA, you have to use a doctor and lab that is approved by the embassy for the results to be recognized.

Perhaps if you could shorten the post and clearly try to state what happened with the DV, addresses, moving, and the birth certificate

as it reads right now it is utter confusion.

[Ebunoluwa 6,136]

I read your first post again, are you saying you already received the NOID/NOIR letter from USCIS ?

Did you already submit all evidence or are you asking what you should include in the evidence ?
In that case disregard my previous statement that it has to be an embassy approved doctor/lab.

[kwadwo 7]

yes we have recieved a NOID letter already they said we havent provided no convincing proof of an ongoing marital relationship to support our claim otherwise our marriage is not valid . we must provide documents to proof our bona fide relationship , and we are planing in submitting a our car title in Ghana,our land and on going building documents, our tenancy agreement we had with our landlady when my wife was in Ghana even before our marriage in 2009 and also the DNA will they be enough evidence to prove our marriage or there should be something more. please help me

[Ebunoluwa 6,136]

That sounds like decent evidence to me, add boarding passes, receipts from all her visits to you, photos, communication evidence,

wedding photos etc....evidence that spans your whole relationship. Have her write a relationship timeline that is clearly understandable

about the moving/address/birth certificate issue to overcome what the CO did not like. Treat it seriously as your one and only chance

to have a positive result.

[kwadwo 7]

she send a boarding pass and our marriage certificate and some couple of pics of our marriage and a picture with me and my son and herself when we were having the naming ceremony of my son in Ghana but they said in the NOID she didnt explain where and when the picture was taken so for us to add these documents as i said before will be ok please kindly let me know if its ok with what we have to do

[Ebunoluwa 6,136]

she send a boarding pass and our marriage certificate and some couple of pics of our marriage and a picture with me and my son and herself when we were having the naming ceremony of my son in Ghana but they said in the NOID she didnt explain where and when the picture was taken so for us to add these documents as i said before will be ok please kindly let me know if its ok with what we have to do

What you listed in this post, a (one) boarding pass, a couple pics, one pic of you and your son, is NOT ENOUGH !

Include ALL boarding passes, all receipts, communication, skype, phone logs, lots of photos and a letter narrating your relationship

and addressing the things the CO did not like.

You have only one chance to get this right and the petitioner (your wife) is handling this in a careless manner.

You need a LOT of quality evidence and including what you already mentioned before, add LOTS of pics of you all together as a family.

If you keep playing with this you will be denied and have to start all over.

Of course she must explain what and where and who is on all the photos, how are they supposed to know, they can't read minds.

For goodness sake, this is not a good thing to take it so lightly. Get with it !

[kwadwo 7]

thank you very much i just spoke to my wife about this she was explaining things to me that when she was first filing she added some documents which with a help of a lawyer she had there and after getting the NOID the lawyer said the most important thing is for us to have a DNA of my son and me then we put on the documents so the lawyer has made her take my son for the DNA test which i should wait for the embassy in Ghana to call me also for my DNA test and i asked her we were given 30 days and which its even less now and she said the lawyer said we will have a DNA letter that there is a DNA on going and it remains the dads side so that the 30 days will be ok what is your view on this please, about what my wife is saying

[Ebunoluwa 6,136]

If USCIS has confirmed to the lawyer that you are given an extension past the 30 days then that would be ok but he should not assume

that all is well after 30 days even though the DNA is pending. It can take 6-8 weeks for DNA to be completed, you will go to a designated

doctor to get the swab done and then the specimen will go back to the US to be processed for the result.

What exactly does the NOID letter say and what is requested ?

Your child proved you were intimate 5 years ago with the mother but it does not prove a bona fide genuine relationship currently.

If the CO didn't think your relationship is real then DNA is fine but not in and of itself the main thing and there are many things to submit

to prove a bona fide marriage.

I hope the has asked for an extension to get the DNA included otherwise I would just send everything else and tell them DNA is processing.

[kwadwo 7]

yes she the lawyer said he was going to write to them for extension because the dna is in process then we send the rest

[Ebunoluwa 6,136]

yes she the lawyer said he was going to write to them for extension because the dna is in process then we send the rest

Make sure he does not proceed without the extension, get a copy in writing.

[kwadwo 7]

i told my wife about all these and she said when she told the lawyer the lawyer said we shouldnt worry he knows what he is doing its cases they have been handling so we shouldnt worry

[Ebunoluwa 6,136]

i told my wife about all these and she said when she told the lawyer the lawyer said we shouldnt worry he knows what he is doing its cases they have been handling so we shouldnt worry

Famous last words. Ultimately it's in the petitioner's hands to check and re check what advise the lawyer gives.

Many have trusted lawyers and failed. I hope you have a good one who has done this same circumstance with the NOID

and DNA before and who understands the Accra embassy and USCIS's strict policies in regards to NOID responses.

Best wishes for an approval.