Tips on preparing rebuttal to NOIR

[Ultimecia 6]

Hello all,

Today I spoke to a representative at USCIS (she seemed new, because she asked me when I filed my petition twice during the call and also didn't seem to know my petition was sent back to USCIS). Anyways she was able to get my NOIR expedited because according to her, my petition was processed outside of the normal timeline. She stated I'll get the NOIR in 30 days.  Just seeking advice from petitioners who are in the process of responding (or have responded) to the NOIR.  What are some good tips?  Is seeking a lawyer a good idea? 

 

Appreciate it.  

[old-fella 109]

We went through NOIR during our visa phase. 

 

Do you know the reason for NOIR? Everyone almost knows why NOIR is issued? Well, NOIR letter will have exact points referring to issues raised by CO however applicant generally have a very good idea about what was the issue. Knowing the issue and working on resolving the issue with a lot of documentation is the only way. And the crucial thing is time while responding to NOIR.

 

Don't waste your time with a lawyer. prepare solid evidence for rebuttal and present it with a letter stating same.

P.S.: I am surprised how NOIR is expedited 

[Ultimecia 6]

16 minutes ago, old-fella said:

We went through NOIR during our visa phase. 

 

Do you know the reason for NOIR? Everyone almost knows why NOIR is issued? Well, NOIR letter will have exact points referring to issues raised by CO however applicant generally have a very good idea about what was the issue. Knowing the issue and working on resolving the issue with a lot of documentation is the only way. And the crucial thing is time while responding to NOIR.

 

Don't waste your time with a lawyer. prepare solid evidence for rebuttal and present it with a letter stating same.

P.S.: I am surprised how NOIR is expedited 

I don't know the reason for the NOIR, but just to give you some background on my husband and I. We come from different backgrounds,  he's Pakistani and I'm African American.  He's Muslim and I'm Christian.  So I know those are red flags for the CO's at the embassy and I bet those reasons will be outlined in the NOIR.  The only documentation we have are our chats, also we sent money to each other and receipts for gifts.  I haven't been able to visit because of work and such. 

 

As far as the NOIR being expedited, yeah I know it's surprising. I called USCIS in late May inquiring as to when I'll get it, the rep told me, it hasn't been 6 months yet and they don't bother looking into delays or getting petitions expedited until that 6 month mark has been reached. She informed to call USCIS once 6 months had passed. 

[old-fella 109]

2 minutes ago, Ultimecia said:

I don't know the reason for the NOIR, but just to give you some background on my husband and I. We come from different backgrounds,  he's Pakistani and I'm African American.  He's Muslim and I'm Christian.  So I know those are red flags for the CO's at the embassy and I bet those reasons will be outlined in the NOIR.  The only documentation we have are our chats, also we sent money to each other and receipts for gifts.  I haven't been able to visit because of work and such. 

 

As far as the NOIR being expedited, yeah I know it's surprising. I called USCIS in late May inquiring as to when I'll get it, the rep told me, it hasn't been 6 months yet and they don't bother looking into delays or getting petitions expedited until that 6 month mark has been reached. She informed to call USCIS once 6 months had passed. 

TBH the beneficiary has almost a very good clue on the reason of denial during the interview. If you will grill your husband in details and go through the fine hair and comb strategy, you will know pretty much why it was denied or refused (or whatever language you want to say it)

 

As far as i know, you have 30 days to reply with a rebuttal. 30 days from the day letter was issued. And rebuttal has to be done with the proofs. Front load all the proofs for rebuttal. 

[old-fella 109]

sending money and gifts ain't a big thing. Anyone can send it to anyone and it doesn't necessarily prove that you have a marital union.  Chats are secondary as that only proves you people speak. 

 

Mortgages (Even before our visa, i was in mortgage), joint bank accounts (we had joint accounts and we used that a lot), joint credit card statements (we had joint credit cards. even thou i never used that but i had it), Joint property (she put me in property, 401k, life insurance etc and so did i) , IRS returns, etc.

 

We got affidavits from friends and family stating they support our relationship and what we mean to them.

 

Lots of face time (meeting in person) and photos with friends and family and doing normal couple things such as cooking, doing daily chores, meeting friends, meeting family etc etc

 

[Teemo 252]

2 hours ago, Ultimecia said:

I don't know the reason for the NOIR, but just to give you some background on my husband and I. We come from different backgrounds,  he's Pakistani and I'm African American.  He's Muslim and I'm Christian.  So I know those are red flags for the CO's at the embassy and I bet those reasons will be outlined in the NOIR.  The only documentation we have are our chats, also we sent money to each other and receipts for gifts.  I haven't been able to visit because of work and such. 

 

As far as the NOIR being expedited, yeah I know it's surprising. I called USCIS in late May inquiring as to when I'll get it, the rep told me, it hasn't been 6 months yet and they don't bother looking into delays or getting petitions expedited until that 6 month mark has been reached. She informed to call USCIS once 6 months had passed. 

An NOIR is a Notice of Intent to REVOKE. So, in your case, revoke what?  Were you already approved a visa or immigration benefit that they are revoking? In that case first thing to figure out is if it is their error or yours. Or did something change between approval and now?

 

Or do you mean NOID, Notice of Intent to Deny?

[geowrian 22,338]

29 minutes ago, Teemo said:

An NOIR is a Notice of Intent to REVOKE. So, in your case, revoke what?  Were you already approved a visa or immigration benefit that they are revoking? In that case first thing to figure out is if it is their error or yours. Or did something change between approval and now?

 

Or do you mean NOID, Notice of Intent to Deny?

My understanding based on the comments and timeline is that the CR-1/IR-1 was refused, then the underlying I-130 petition was sent back to NVC and then to USCIS for review. This is where they either issue the NOIR or re-affirm the case as-is.

[Teemo 252]

4 minutes ago, geowrian said:

My understanding based on the comments and timeline is that the CR-1/IR-1 was refused, then the underlying I-130 petition was sent back to NVC and then to USCIS for review. This is where they either issue the NOIR or re-affirm the case as-is.

I (sorta) see

[old-fella 109]

9 minutes ago, geowrian said:

My understanding based on the comments and timeline is that the CR-1/IR-1 was refused, then the underlying I-130 petition was sent back to NVC and then to USCIS for review. This is where they either issue the NOIR or re-affirm the case as-is.

from my understanding Stage of NOIR or NOID happens because of above statement by @geowrian. 

[geowrian 22,338]

3 minutes ago, Teemo said:

I (sorta) see

The visa was refused on 3/21/2017, presumably due to lack of a bona fide marriage. As such, the procedure is for the embassy to send the petition back to USCIS since the consulate cannot revoke an I-130...USCIS needs to do so. USCIS reviews the petition...eventually (this can take a long time, as is the case here)...then either re-affirms the case as-is or sends a NOIR stating the reasons they believe the I-130 is invalid (i.e. reasons the marriage is not bona fide).

The petitioner then has 30 days to respond to the NOIR to rebut those reasons for intending to revoke the I-130.

USCIS then reviews the rebuttal and can re-affirm or revoke the petition. If revoked, the I-130 dies. If reaffirmed, it is sent back to NVC then the embassy for a new interview.

[old-fella 109]

4 minutes ago, geowrian said:

The visa was refused on 3/21/2017, presumably due to lack of a bona fide marriage. As such, the procedure is for the embassy to send the petition back to USCIS since the consulate cannot revoke an I-130...USCIS needs to do so. USCIS reviews the petition...eventually (this can take a long time, as is the case here)...then either re-affirms the case as-is or sends a NOIR stating the reasons they believe the I-130 is invalid (i.e. reasons the marriage is not bona fide).

The petitioner then has 30 days to respond to the NOIR to rebut those reasons for intending to revoke the I-130.

USCIS then reviews the rebuttal and can re-affirm or revoke the petition. If revoked, the I-130 dies. If reaffirmed, it is sent back to NVC then the embassy for a new interview.

I second @geowrian . I know the pain (evidence to rebuttal and time crunch .. that is a killer) when we had to go through the issue of NOIR

Edited June 25, 2018 by old-fella

[JackandRed 16]

39 minutes ago, old-fella said:

I second @geowrian . I know the pain (evidence to rebuttal and time crunch .. that is a killer) when we had to go through the issue of NOIR

Unfortunately we were revoked and had to appeal. However I agree you must address each issue on the NOIR. Then you stand a good chance in getting the petition reaffirmed. 

[Jeanne Adil 1,651]

 

5 hours ago, old-fella said:

sending money and gifts ain't a big thing. Anyone can send it to anyone and it doesn't necessarily prove that you have a marital union.  Chats are secondary as that only proves you people speak. 

 

Mortgages (Even before our visa, i was in mortgage), joint bank accounts (we had joint accounts and we used that a lot), joint credit card statements (we had joint credit cards. even thou i never used that but i had it), Joint property (she put me in property, 401k, life insurance etc and so did i) , IRS returns, etc.

 

We got affidavits from friends and family stating they support our relationship and what we mean to them.

 

Lots of face time (meeting in person) and photos with friends and family and doing normal couple things such as cooking, doing daily chores, meeting friends, meeting family etc etc

 

good advice

our case needed appeal which  i  won

looks like biggest issue will be lack of face time/ get in another visit

we were different relifions also but allowed in morocco and as to my constitutional rights that can  not be used as we all have freedom of religion

i, also, added him to tax returns and with the ITIN form form W7 i was able to add him to bank account (not allowed the debit card till he came to US)

get a POA from spouse to do banking, etc

quick claim deed to add hiim to house deed

agree totally about sending the money / not good to show USC sending money 

get your NOIR

answer each issue

send documentation to back up statements

when you return the NOIR with the bar code letter, keep copies 

put your case number and both names and both DOB's in the upper right hand corner of each and every page

no staples

no folders

no paper clips

[Boiler 46,405]

So you only met once?

 

And married.

[old-fella 109]

8 hours ago, Ultimecia said:

I don't know the reason for the NOIR, but just to give you some background on my husband and I. We come from different backgrounds,  he's Pakistani and I'm African American.  He's Muslim and I'm Christian.  So I know those are red flags for the CO's at the embassy and I bet those reasons will be outlined in the NOIR.  The only documentation we have are our chats, also we sent money to each other and receipts for gifts.  I haven't been able to visit because of work and such. 

 

As far as the NOIR being expedited, yeah I know it's surprising. I called USCIS in late May inquiring as to when I'll get it, the rep told me, it hasn't been 6 months yet and they don't bother looking into delays or getting petitions expedited until that 6 month mark has been reached. She informed to call USCIS once 6 months had passed. 

how did you meet?

did you visit pakistan ? did you visit his family? did you do a big wedding or reception with his family members and friends in pakistan?

Is there any age difference?