Tips on preparing rebuttal to NOIR

[Ahmed&Freda 628]

9 hours ago, Ultimecia said:

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.  

We just sent in our rebuttal so fingers crossed it is successful!  

 

As others have stated you will be familiar in what is in the NOIR even though it may not be 100% correct and contain words that will make it seem more intense than it is you should be able to recall each situation and be able to respond to it.  My husband and I were both at the interview but have relived it several times since and have documented all the details.  

 

I wrote my rebuttal on my own.  I did however have two attorneys look over it.  One I sent just my letter to and the other I sat with along with all my evidence.  They were not much help just a few minor changes.  The first attorney who just looked at my letter only recommend me moving my under penalty and perjury statement to the beginning of the letter instead of the end and advised me to tone it down a bit (but I had a visa journey friend recommend the same thing).  So instead of using words like "lies" I changed the term to "misunderstandings".   Second attorney had advised me to have a statement from my husband in addition to my own since the NOIR had statements that he supposedly said that it would be beneficial to have a signed statement from him stating what he did say.  

 

Other than that I already had most of the evidence before I left Pakistan after our interview in December.  I also added more evidence of bonafide relationship.  (i.e. updated chat, phone and video (which I included the detail to show how many hours each day), Tax return filed joint, information from our jobs HR department showing each other listed as beneficiaries).  

 

I was also advised if denied to not appeal it is more expensive and will take longer just reapply with all the evidence I already have.  Which is silly that they would approve it with the same material but the attorney says it happens all the time.  Both attorneys did say my case was strong and I had a good chance for another interview but of course there is no guarantee...

 

Good luck with everything!!

 

~Freda

 

 

[Diane and Chris 651]

7 hours 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

How did you overcome your NOIR?  Were you successful?  What country?  Can you please fill out your timeline, old-fella?  

[Ultimecia 6]

4 hours ago, old-fella said:

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?

 

 

Yes I visited Pakistan, only stayed for a few months. We met on FB through a mutual friend. It wasn't a big wedding, but I did meet family members and friends in Pakistan as well as family members here in the US.  Age difference isn't so huge, I'm 4 years older than him. 

 

5 hours ago, Boiler said:

So you only met once?

 

And married.

Yup. I know that's a red flag, but before meeting in person, he had known each other for 4 years. 

[Ultimecia 6]

10 hours 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?

Per my understanding of the process, if the petition (I-130) was approved by USCIS and the embassy decides for some reason or another the petition should not have been approved, the embassy kicks it back to NVC who then passes it back to USCIS, who then reviews the reason why the visa was denied.  Once USCIS is done with their review, they then send the NOIR or they re affirm the case, then apparently the beneficiary will have to attend another interview. 

 

This link kind of explains a NOID.

https://en.wikipedia.org/wiki/Notice_of_Intent_to_Deny#Differences_with_Notice_of_Intent_to_Revoke

 

In my situation, USCIS had originally approved our I-130, my husband attended his interview at the embassy, but the embassy denied the visa, and sent it back to NVC, now it's at USCIS who are reviewing our case and they will be sending the NOIR. Right now, I'm in the process of preparing my rebuttal and getting my documents together. 

[Ahmed&Freda 628]

I wanted to add that I stapled, clipped, highlighted and put tabs throughout my rebuttal packet.   I don't know if helped make things move smoother but it definitely did not hurt anything.  

 

For example in my rebuttal I would respond to a point from the embassy than say see exhibit 1, 2, 3 etc.   I would have a tab on each exhibit to make it easier to find.  I stapled documents that were more than one page but pertaining to the same thing and paper clipped an entire exhibit together.  I also rubber banned all evidence pertaining to the point in the NOIR.  I highlighted the most important points in the evidence I provided for example information I printed on what was an FRC from the website I highlighted the part that states it is used for visa issuance but holds no legal stance.  In addition I highlighted how an FRC is updated (taking the Union Council certificate in which we already provided USCIS, NVC and embassy and update in person Not automatically when a divorce is given) I also printed a news article form UNICEF stating Boluchistan is notorious for not registering births marriage etc.  In addition requirements from USCIS and the Embassy's website for documents needed for divorced applicants.

 

The best advice is what others have stated.  You must know everything that happened during the interview.  Besides understanding how to fight back knowing all the details gives you confidence as you are compiling things together.  That confidence is huge without it I don't know that I could have responded so well considering how my NOIR was worded.

 

~Freda