Question about preparing for a NOIR

[*BestDayEver0425* 7]

Hi VJ friends-

We want to be prepared and I am just curious what some thoughts are in the event that we get a NOIR.  I have searched this topic and nothing really says what people have used to support the relationship in the areas that I suspect may be part of the cause for a NOIR.  I am hopeful that it will get reaffirmed without this but we just don't know. I suspect if we did get the NOIR it might be because of an age difference with me being 12 years older than my hubby and that his parents have no involvement in our marriage. What might be something that I can use in the rebuttal for the age and the parents issue? I will have to cross any other bridges as they come. I have submitted  random sampling of our on going chats, records of phone and video calls, records of multiple trips ( 5, varied lengths of stay 10 days, 10 days, 2 weeks, 1 month and 3 weeks) my family has been to India and have met my husband (they wrote a letter and I included pictures from their visit), our Pastor from India wrote a letter on our behalf, pictures from our trips, our wedding album, health insurance, bank beneficiaries, life insurance beneficiaries, joint credit card statements, our taxes married, filing joint returns from last year, the payment for the wedding planner for the destination wedding our airline boarding passes for the wedding/honeymoon trip and more. Most of these records were sent in initially, however at the interview they asked for some extra things such as a statement of the evolution of the relationship from each of us, 5 years of addresses and also work history from each of us, the wedding party guest list with addresses and phone numbers and we also submitted the receipts from the wedding party vendors. We had a destination wedding and honeymoon and had a wedding party with our friends (about 75) when I returned to India on my next visit. I have also kept copies of our ongoing communications chats/phone/video chats, this years tax return pictures, my most recent trip,  .  How do you write a rebuttal I want to make sure I articulate it correctly. I am not sure that I want to hire an attorney to do it if we get an NOIR. Also, if we were to get reaffirmed without a NOIR will they tell us why the VO sent it back to USCIS?

Thanks  for your input,  you all have been very helpful in the past.  

 

[Crazy Cat 41,894]

Age difference, in itself, will not be the reason for a NOIR.  It might be mentioned along with other factors.  Having said that, the ONLY remedy for a huge age difference is proof of time spent together...imo.

Edited June 12, 2019 by missileman

[Dashinka 24,514]

Do you think you will get a NOIR?  Based on what you mentioned as to comingling the marriage, it seems pretty good.  I believe the biggest reason that drives a NOIR for a spousal visa application is sufficient lack of evidence of a bonafide marriage, so if you want to be ready for that potential, generate even more evidence.

 

Good Luck!

Edited June 11, 2019 by Bill & Katya

[USS_Voyager 1,972]

25 minutes ago, *BestDayEver0425* said:

How do you write a rebuttal I want to make sure I articulate it correctly. I am not sure that I want to hire an attorney to do it if we get an NOIR.

You kind of don't know until you get the NOIR. The NOIR will have a list of reasons. The age difference and the no parents involvement thing won't by themselves be the sole reasons. If you do get one, you have to answer all of the items on that list. 

 

29 minutes ago, *BestDayEver0425* said:

Also, if we were to get reaffirmed without a NOIR will they tell us why the VO sent it back to USCIS?

No you won't. It will just be sent back to the Embassy. 

 

What about the visa denial letter/form? What does that say?

[*BestDayEver0425* 7]

@Bill & Katya Yes the Senator, indicated that they have doubts about our relationship.  I was at the interview and never thought that he wouldn't be approved that day. I would have never guessed that they would put us in administrative review for so long so I reached out to the Senator and that was the reply they received from the consulate.  The Senator's office was surprised as will.  There was nothing odd about the interview, he was honest about the parents and their lack of involvement in our life. The age didn't come up during this interview however it was brought up during his k1 interview in 2016.   

Edited June 11, 2019 by *BestDayEver0425*

[USS_Voyager 1,972]

2 minutes ago, *BestDayEver0425* said:

@Bill & Katya Yes the Senator, indicated that they have doubts about our relationship.  I was at the interview and never thought that he wouldn't be approved that day. I would have never guessed that they would put us in administrative review for so long so I reached out to the Senator and that was the reply they received from the consulate.  The Senator's office was surprised as will.  There was nothing odd about the interview, he was honest about the parents and their lack of involvement in our life. The age didn't come up during this interview however it was brought up during his k1 interview in 2016.   

 

I don't know what to tell ya, except to keep going. It will take a good while for USCIS to get around to returned petitions, as in a couple years or so.

[Dashinka 24,514]

Agreed, a NOIR is a long way down the road, so of course keep growing your marriage.  Just curious, how long have you been in AP?

[*BestDayEver0425* 7]

12 minutes ago, USS_Voyager said:

What about the visa denial letter/form? What does that say?

We didn't actually get a denial, we have a 221G and it has been in administrative processing and I had the Senator reach out to them and now we are waiting.....patiently I might add

 

[*BestDayEver0425* 7]

1 minute ago, Bill & Katya said:

Agreed, a NOIR is a long way down the road, so of course keep growing your marriage.  Just curious, how long have you been in AP?

Since June 2018

[USS_Voyager 1,972]

Just now, *BestDayEver0425* said:

We didn't actually get a denial, we have a 221G and it has been in administrative processing and I had the Senator reach out to them and now we are waiting.....patiently I might add

Oh, so there is still a chance it'll go through. What evidence did the ask to submit with the 221g if anything?

 

By the way, technically, 221g is a denial. 

[*BestDayEver0425* 7]

19 minutes ago, Bill & Katya said:

Do you think you will get a NOIR?  Based on what you mentioned as to comingling the marriage, it seems pretty good.  I believe the biggest reason that drives a NOIR for a spousal visa application is sufficient lack of evidence of a bonafide marriage, so if you want to be ready for that potential, generate even more evidence.

 

Good Luck!

I understand generating more evidence and have been diligent in keeping records of our relationship and spending as much time there with him as we can.  Is there a suggestion about how to reply to the NOIR if the age and the parents are brought up as part of the reason.  Other than the explanation as to why the parents aren't involved there is nothing else we can submit.  My husband was completely honest with the VO about this issue.  He keeps in contact with his parents because he loves them regardless of their views on his life but he chose to move away from them about 3-4 years ago so he can live his life freely. I know that I will have to rebut the NOIR so in addition to my response, would including a letter of explanation from my husband specifically about this issue be beneficial?

[*BestDayEver0425* 7]

57 minutes ago, *BestDayEver0425* said:

@USS_Voyager at the interview they asked for some extra things such as a statement of the evolution of the relationship from each of us, 5 years of addresses and also work history from each of us, the wedding party guest list with addresses and phone numbers and we also submitted the receipts from the wedding party vendors. (we had a destination wedding and honeymoon and had a wedding party with our friends (about 75) when I returned to India on my next visit) They also asked for ongoing communications chats/phone/video calls and more pictures

 

[Dashinka 24,514]

17 hours ago, *BestDayEver0425* said:

I understand generating more evidence and have been diligent in keeping records of our relationship and spending as much time there with him as we can.  Is there a suggestion about how to reply to the NOIR if the age and the parents are brought up as part of the reason.  Other than the explanation as to why the parents aren't involved there is nothing else we can submit.  My husband was completely honest with the VO about this issue.  He keeps in contact with his parents because he loves them regardless of their views on his life but he chose to move away from them about 3-4 years ago so he can live his life freely. I know that I will have to rebut the NOIR so in addition to my response, would including a letter of explanation from my husband specifically about this issue be beneficial?

I doubt age or family ties will be brought up in an official NOIR/NOID since there are many many examples of couples with those types of things that do get approved, more than likely it will be more generic related to the belief it is not a bonafide marriage.  This is why I would focus on strengthening that evidence going forward so you have more to offer in the event that you actually receive a NOIR/NOID.

 

Good Luck!

[Jeanne Adil 1,651]

you do have to wait for the letter telling you the issues to know how to answer them

the best thing you can do for this relationship now is to inform his parents / how did he spend his time with you after marriage if the parents didn't know about you?   that would be what i would question if i was a CO

75 friends and none of them informed his parents??

was this a religious issue?

i would say the parents already have heard and leaving them out is heartbreaking to them

Age issue?    if bought up,   message me privately and i will tell you how i answered to the court of appeals

[*BestDayEver0425* 7]

On ‎6‎/‎12‎/‎2019 at 8:43 AM, adil-rafa said:

you do have to wait for the letter telling you the issues to know how to answer them

the best thing you can do for this relationship now is to inform his parents / how did he spend his time with you after marriage if the parents didn't know about you?   that would be what i would question if i was a CO

75 friends and none of them informed his parents??

was this a religious issue?

i would say the parents already have heard and leaving them out is heartbreaking to them

Age issue?    if bought up,   message me privately and i will tell you how i answered to the court of appeals

Thanks for the information.  I was saying that they are not involved in our lives as a married couple.  He sees them from time to time but lives in another city and lives his life freely as he wishes there without their involvement. Religions of his parents and him are different, which is part of the parental issue.