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Coly

My friend got this 'Noir' letter please what she can do now

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Well, it is pretty clear from the letter what they think. 

 

Also, you should not have posted that with your friend's name on it. I don't get why people do that.

 

Because they are married, the petition will go back to USCIS, they will probably reaffirm the petition and send it back to the consulate. In the meantime, they need to collect as much evidence as they can of a bona fide relationship. They do not believe their marriage/relationship is real. It says very clearly why. They basically presented no evidence of the relationship beyond the marriage certificate, they do not know each other's language, there is a big age gap, and the spouse in Morocco had already targeted other Americans on social media to get married, etc.

 

Are you friend's with the American party? From the letter, it seems the consulate is making her a favor. Consulates are known to get it wrong, but if what it says there has some level of truth, then it is a red flag and they may never approve the petition.

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Filed: IR-1/CR-1 Visa Country: Morocco
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If your friend wants to reaffirm the relationship and request another interview, they need to fix these things. Obviously some of them, a 10 year age gap, not having had a traditional ceremony, can't be re-done. 

However - the claim that the petitioner and the beneficiary do not share a common language - how do they communicate? It also states that they could not provide evidence of written communication - so they don't communicate? Because those are easy things to prove. 

 

So they can file an appeal, I believe @Adil & Jeanne knows more about that process, but I would think that they would need to seriously change some of these items before trying for a reaffirmation of the interview. 

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Filed: Citizen (apr) Country: Taiwan
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7 minutes ago, geowrian said:

She has a short period of time (30 days?) to respond to all points and show that the marriage is bona fide. I would suggest seeking professional legal help from a good immigration attorney to help with drafting the response. If the response is sufficient enough for USCIS, they will reaffirm the petition and send it back to the embassy. If not (or no response is received), the I-130 will be revoked and they will need to start over from scratch (and overcome the reasons for denial still).

  • The age aspect can be overcome with just more relationship evidence.
  • It sounds like the beneficiary has no ties to Morocco. This alone is not a reason for denial, but it sounds like it jumped out the the CO as unusual. Again, more evidence of a bona fide marriage is needed.
  • What plans do you have together in the US? It sounds like no evidence was presented of what will happen after they enter the US.
  • It sounds like the CO believes the beneficiary is targeting US women, presumably to find a means to come to America. The response to this should probably indicate why/what they were doing on social media targeting US women (or that they were not doing this).
  • They don't share a common language? This is a big red flag...how do they communicate?
    • This leads into the next point...it sounds like there was no evidence presented that they regularly communicated with each other (chats, text messages, etc.). It's possible they always communicated via other means (voice call / video call), but if that's the case then the the CO needs to see something to corroborate that, such as phone bills or other logs.
  • The CO found it odd that the beneficiary didn't want a traditional wedding. Explaining why one was not desired (or possible) should be provided.
  • Explaining why they don't share any joint accounts or ownership of assets together should be provided (i.e. they cannot do so while abroad). But things like life insurance, living wills, etc. can also be evidence here...so if you have it, send that as well.

Honestly, things look pretty bleak IMHO. There's a lot of points here, and I think at least a couple of them are pretty strong and will be hard to overcome. But not impossible...I wish them good luck!

 

I think this is the letter form USCIS...the embassy cannot issue a NOIR for a petition, only USCIS. The OP needs to respond to this ASAP.

I agree.....Might be time to lawyer up!!!!  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
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15 minutes ago, Lemonslice said:

I don't see what a lawyer could do. Language teacher might be money better spent.

You might be right.  This one seems particularly bleak........

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: AOS (apr) Country: Cyprus
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Your friend should create an account here and ask the questions herself and do some research on the forum.
She has 30 days to submit evidence to overcome the reasons mentioned in the NOIR.
Before I ramble on about a long list of what they should submit my question is :


1. What was submitted with the petition and at the interview ?

2. How many visits were made to the beneficiary ?

3. Were no chats to each other submitted ?

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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19 minutes ago, Ebunoluwa said:

Your friend should create an account here and ask the questions herself and do some research on the forum.
She has 30 days to submit evidence to overcome the reasons mentioned in the NOIR.
Before I ramble on about a long list of what they should submit my question is :


1. What was submitted with the petition and at the interview ?

2. How many visits were made to the beneficiary ?

3. Were no chats to each other submitted ?

They did - in this thread:

 

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
48 minutes ago, Ebunoluwa said:

Your friend should create an account here and ask the questions herself and do some research on the forum.
She has 30 days to submit evidence to overcome the reasons mentioned in the NOIR.
Before I ramble on about a long list of what they should submit my question is :


1. What was submitted with the petition and at the interview ?

2. How many visits were made to the beneficiary ?

3. Were no chats to each other submitted ?

They took much evidence but the co  didn't look at them

She visited him one time

His wife tall English and but he doesn't speak it much he just learning. 

 

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Filed: AOS (apr) Country: Canada
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i think the usc friend she consider herself lucky.. looks like she dodged a bullet!!! a person on mulitple social media sites who does not speak the same language.. hmmmmm.. im guessing it is a younger male and an older white female.  

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Filed: AOS (apr) Country: Cyprus
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15 minutes ago, Coly said:

They took much evidence but the co  didn't look at them

She visited him one time

His wife tall English and but he doesn't speak it much he just learning. 

 

I read the thread your friend created.
He is not able to communicate well in English and you are the go between which creates confusion.
The USC, his wife needs to be on here and ask the questions because she is the one who has to answer the NOIR.
If she creates an account I will be glad to help further. Otherwise I am out.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: Wales
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All very suspicious.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: Morocco
Timeline

Sounds like your friend was about to be fleeced along for a GC, they should consider themselves lucky in this case that it wasn't approved. And how does one communicate as a married couple with no common language, this boggles my mind.

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
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