Any Solutions to Resolve I-130 Notice of Intent to Deny

[pushbrk 12,892]

2 minutes ago, Michellle said:

Thank you for the legal referral.

You're welcome.  It will be more efficient if you start any consultation by clearly stating your husband lied about being married, when applying for a visitor visa.  Beating around the bush will just waste time and money.  That's what happened.  You're in a Catch 22.  

[Rosemichelle 69]

7 hours ago, JeanneAdil said:

You can send response to a NOIR but for a NOID it takes an appeal (fee and long time for decision as it took me over a year)  She would have gotten the colored paper (purple i think) to appeal the NOID

 

If USCIS finds your NOID response insufficient, it will issue a denial letter and explain the reasons. You have the option of appealing a denial following a NOID. However, it is often faster to simply reapply. If you reapply, be sure to proactively address and overcome all the earlier issues.

 

# 3 since you both were able before to be in the same country when you met may be your best option. There are several countries the 2 of you could live in to be together if not the US.

 

But as said over and over ,   lawyer needed 

i did my own appeal and only had to resolve simple issues (no misrepresentation) but you need a ch

 

Edited September 27, 2020 by Rosemichelle
Changed my mind

[JeanneAdil 6,510]

2 hours ago, MaleAlpha said:

I think you missed the whole point of my post. I wasn't accusing anyone on this specific thread of being horrible or saying horrible things to the OP.

 

I was simply stating why we do not see people who ask similar questions in the threads come back and inform us of the disposition and I cited my experience where I asked a question and got judged right from the onset. As a result I didn't even bother coming back to let the group know how the issue for my acquaintance was addressed. Problem with that is, people who have similar experiences do not have examples to go off of. So yeah, I was just offering one possible reason to why we do not see people come back and let us know what eventually happened.

 

I agree with the posts here and for the most part have been very helpful regardless of the misrepresentation issue. I didn't get that same treatment when I made that post several years ago.

 

I still wish the OP all the best and agree with the rest of the group that this should involve a very experien/  i ced attorney specialized in this field. My friend spent over $10K+ to address this.

 

 

didn't miss it

and so sorry you did not get help when u asked

some (not on this post ) but at other times get feisty but most of the time , the advice is well intended/ i try these days to answer only to Morocco but i did an appeal and i know what this poster will go thru to do that 

and altogether i spent over $35000 on fees ,  one lawyer (not a good one ) and the supporting documents

it isn't easy to make an appeal for NOID 

it is costly

it is not fast (mine took over a year to be approved) 

and it definitely is not easy / facts and proofs of those facts are the only way to overcome a NOID

[JeanneAdil 6,510]

1 hour ago, Michellle said:

MaleAlpha--thank you very much for sharing a relevant example, along with the encouragement that something of this nature could possibly be overcome.  While everyone's feedback has been insightful and appreciated, yours caused me to at least lift my head because it answered my initial question of whether anyone had a similar experience that may have resulted in some kind of hope at the end of the tunnel.  Sometimes it can feel like there is no hope when it comes to immigration and having others offer understanding and support goes a long way towards helping you get back up when you feel the wind has been knocked out of you.  

I almost lost hope myself when i applied K1 and was denied (after meeting him and family and spending a month when all USCIS site says is "need to meet in  person"

and then married  repsonding to a 4 page RFE with a 25 pound package of prove, and denied a CR1 after going 3 more times spending 1, 2 and 3 months there 

that was the pits

appealed and won / court said bona fide marriage and to reapply

so, don't loose hope / just get a good lawyer who knows his/ her stuff 

[Kim and Joseph 36]

Your Husband Lied to Get a Visitor Visa application and now it coming back to haunt you guys. Only a Lawyer can help you. Good Luck. Find out what more he's lying to you about 

Edited September 27, 2020 by C and L

[Orangesapples 1,954]

3 hours ago, Cute doll face said:

@carmel34 am also now sacred and confused my boyfriend filled for me a K1 visa but on my B2 visa in January this year I selected “single “as my martial status ,Cz there was no option of being in a relationship, there was an option of fiancé ,married ,single and Divorced ....so I selected “single “ but I was in a relationship (girlfriend boyfriend thing )Does that mean I also lied?.

We started dating with my boyfriend in 2018 

@payxibka @Lucky Cat @dwheels76 @JeanneAdil 

Having a boyfriend or a girlfriend is not a legal status. Today you have a boyfriend, tomorrow you don't. Or you can have two, three, four boyfriends. When you are asked about your marital status, that's all they're asking about - your marital status, if you're not married, you're single, it doesn't matter how many boyfriends you have. 

[Boiler 45,520]

Begs the question what is meant by Girlfriend as opposed to a Girl who is a Friend?

 

Any there is no misrep issue here, as has been said if there was that would be well maybe not easily resolved but a known route exists.

 

The issue here is a missing document, he declared he was married twice and needs to provide the document terminating the first marriage. 

[JeanneAdil 6,510]

12 hours ago, Boiler said:

Begs the question what is meant by Girlfriend as opposed to a Girl who is a Friend?

 

Any there is no misrep issue here, as has been said if there was that would be well maybe not easily resolved but a known route exists.

 

The issue here is a missing document, he declared he was married twice and needs to provide the document terminating the first marriage. 

so,  what u r saying is he may have been married when applying for the 1st visa and has lied to his new wife about it.  she does not tell us what he said to CO when the subject was brought up  as lying to CO would be more damaging.

so, he either lied then and is lying now and was married then.

 

That being noted before this OP hires an expensive lawyer ,  she needs to find out the truth .  she writes in her story line (profile page) that he has been in a few countries meeting in Iraq and getting call from Turkey.  he could have visited and a woman and married in any one of the places he went to.  

 

i wish u,  the OP ,  the best of a new life whatever it brings as you write you are gun-shy because of the past marriage failure  and i know it is hard to trust now.

 

[MaleAlpha 314]

On 9/26/2020 at 5:25 AM, Michellle said:

my husband also told me that when filling out the form when they asked about his marital status, he selected the option "married" because he didn't see a box for "girlfriend".  Now mind you he and his then girlfriend began living together in 2007, so when my husband was working in Iraq with me in 2008, I knew the girlfriend was living in his home back in Uganda.  I knew about the girlfriend back in 2008 but trusted that my husband was telling me the truth about not being married to her.  He always told me that he and she were NOT married, either legally or by native custom law and that in his country in order to be married to someone you had to do so legally for it to be recognized as a marriage.  

 

@Michellle I think it would be helpful to you to also read on this section of the USCIS policy manual : https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 

USCIS does a great job of explaining what material misrepresentation means, how they adjudicate these cases, the burden of proof and ways to rebut/meet that burden of proof.

From what I gleaned in your original post (especially the section I quoted above), it's possible a case could be made that fits within the criterion of : The false misrepresentation was not willful. But that would only seem to apply if your husband truly believed that the only reason they selected "married" was because didn't see a section for girlfriend and would have selected the same option even if it wasn't intended for any benefits (in this case a non-immigrant visa). If that's the case, can your husband show proof that this is how they have always interpreted this line of questioning in the past? for say other non-immigration related applications or forms they filled out like job applications, school applications etc. That way he can show the consistency of his answer regardless of who was asking.. Because if he's truly understood that line of questioning to mean that and can show proof, it helps the USCIS know the intent behind the answer even if it is was material misrepresentation. 

 

Considering I'm not a lawyer, what I'm saying doesn't have much weight. This feedback is just based on your post. A lawyer with great experience in this specific area would be very helpful. Again, it is possible to rebut or meet the burden of proof when it comes to material misrepresentation as the policy manual will tell you as long as the applicant can meet the burden of proof via the various criteria USCIS listed.

 

I wish you all the best and hope that you and your husband find a way to get over this.

Edited September 27, 2020 by MaleAlpha

[Boiler 45,520]

36 minutes ago, JeanneAdil said:

so,  what u r saying is he may have been married when applying for the 1st visa and has lied to his new wife about it.  she does not tell us what he said to CO when the subject was brought up  as lying to CO would be more damaging.

so, he either lied then and is lying now and was married then.

 

That being noted before this OP hires an expensive lawyer ,  she needs to find out the truth .  she writes in her story line (profile page) that he has been in a few countries meeting in Iraq and getting call from Turkey.  he could have visited and a woman and married in any one of the places he went to.  

 

i wish u,  the OP ,  the best of a new life whatever it brings as you write you are gun-shy because of the past marriage failure  and i know it is hard to trust now.

 

I am not sure what a Lawyer can do, this is a simple RFE for missing document.

 

Quite what happened in the past I do not know, does not matter really, all the Consulate know is he declared himself married not to the OP so as far as they are concerned there are 2 marriages so must have been a divorce they need to see evidenced in between.

 

If the Consulate could be persuaded he lied then there is a misrep route, but how do you do that, not exactly the first case and nobody has come back with an answer.

[Boiler 45,520]

7 minutes ago, MaleAlpha said:

@Michellle I think it would be helpful to you to also read on this section of the USCIS policy manual : https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 

USCIS does a great job of explaining what material misrepresentation means, how they adjudicate these cases, the burden of proof and ways to rebut/meet that burden of proof.

From what I gleaned in your original post (especially the section I quoted above), it's possible a case could be made that fits within the criterion of : The false misrepresentation was not willful. But that would only seem to apply if your husband truly believed that the only reason they selected "married" was because didn't see a section for girlfriend and would have selected the same option even if it wasn't intended for any benefits (in this case a non-immigrant visa). If that's the case, can your husband show proof that this is how they have always interpreted this line of questioning in the past? for say other non-immigration related applications or forms they filled out like job applications, school applications etc. That way he can show the consistency of his answer regardless of who was asking.. Because if he's truly understood that line of questioning to mean that and can show proof, it helps the USCIS know the intent behind the answer even if it is was material misrepresentation. 

 

Considering I'm not a lawyer, what I'm saying doesn't have much weight. This feedback is just based on your post. A lawyer with great experience in this specific area would be very helpful. Again, it is possible to rebut or meet the burden of proof when it comes to material misrepresentation as the policy manual will tell you as long as the applicant can meet the burden of proof via the various criteria USCIS listed.

 

I wish you all the best and hope that you and your husband find a way to get over this.

The issue is a RFE not Mis Rep. Suggesting somebody was confused about being Married seems laughable.

[MaleAlpha 314]

13 minutes ago, Boiler said:

The issue is a RFE not Mis Rep. Suggesting somebody was confused about being Married seems laughable.

I think you're right. The mis-representation only kicks in if they prove the first marriage wasn't true. So perhaps they need to reply to the RFE and state, there wasn't a previous marriage (unless there truly was).

 

If there wasn't, it becomes a misrepresentation which then places the burden of proof on the OP. 

 

On your point about how someone could be confused about being married, it is very very possible. Many cultures around the world label domestic partnerships as marriages even if they do not fit within that context by US law. I know this from first hand experience as I come from a country where this is very common. Many people believing they are married because family from both sides came together and "blessed the union" even if nothing really exists on paper. In a case like that, the person genuinely believes they are married but can't show proof of it. It's different for this case but just pointing out that the definition of marriage varies very widely by culture.

[JeanneAdil 6,510]

7 minutes ago, MaleAlpha said:

I think you're right. The mis-representation only kicks in if they prove the first marriage wasn't true. So perhaps they need to reply to the RFE and state, there wasn't a previous marriage (unless there truly was).

 

If there wasn't, it becomes a misrepresentation which then places the burden of proof on the OP. 

 

On your point about how someone could be confused about being married, it is very very possible. Many cultures around the world label domestic partnerships as marriages even if they do not fit within that context by US law. I know this from first hand experience as I come from a country where this is very common. Many people believing they are married because family from both sides came together and "blessed the union" even if nothing really exists on paper. In a case like that, the person genuinely believes they are married but can't show proof of it. It's different for this case but just pointing out that the definition of marriage varies very widely by culture.

Not an RFE 

they got that earlier

now,  she got a NOID (1st sentence of her Post)NOID

 

we do not know if OP received the notice to respond to NOID (they have extended this to 60 days because of the covid virus) or if she recd the colored paper telling her she had the right to appeal as she doesn't say

[Boiler 45,520]

40 minutes ago, MaleAlpha said:

I think you're right. The mis-representation only kicks in if they prove the first marriage wasn't true. So perhaps they need to reply to the RFE and state, there wasn't a previous marriage (unless there truly was).

 

If there wasn't, it becomes a misrepresentation which then places the burden of proof on the OP. 

 

On your point about how someone could be confused about being married, it is very very possible. Many cultures around the world label domestic partnerships as marriages even if they do not fit within that context by US law. I know this from first hand experience as I come from a country where this is very common. Many people believing they are married because family from both sides came together and "blessed the union" even if nothing really exists on paper. In a case like that, the person genuinely believes they are married but can't show proof of it. It's different for this case but just pointing out that the definition of marriage varies very widely by culture.

Then just provide documentation evidencing the dissolution of the domestic partnership.

[Michellle 9]

1 hour ago, MaleAlpha said:

@Michellle I think it would be helpful to you to also read on this section of the USCIS policy manual : https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 

USCIS does a great job of explaining what material misrepresentation means, how they adjudicate these cases, the burden of proof and ways to rebut/meet that burden of proof.

From what I gleaned in your original post (especially the section I quoted above), it's possible a case could be made that fits within the criterion of : The false misrepresentation was not willful. But that would only seem to apply if your husband truly believed that the only reason they selected "married" was because didn't see a section for girlfriend and would have selected the same option even if it wasn't intended for any benefits (in this case a non-immigrant visa). If that's the case, can your husband show proof that this is how they have always interpreted this line of questioning in the past? for say other non-immigration related applications or forms they filled out like job applications, school applications etc. That way he can show the consistency of his answer regardless of who was asking.. Because if he's truly understood that line of questioning to mean that and can show proof, it helps the USCIS know the intent behind the answer even if it is was material misrepresentation. 

 

Considering I'm not a lawyer, what I'm saying doesn't have much weight. This feedback is just based on your post. A lawyer with great experience in this specific area would be very helpful. Again, it is possible to rebut or meet the burden of proof when it comes to material misrepresentation as the policy manual will tell you as long as the applicant can meet the burden of proof via the various criteria USCIS listed.

 

I wish you all the best and hope that you and your husband find a way to get over this.

@MaleAlpha....thank you again for your great insight and helpfulness.  The false misrepresentation on my husband's part was definitely not willful, and we do intend to hire an experienced lawyer in this matter.  Regardless of the various feedback posts received in response to our situation, my focus is that there is a glimmer of hope in this entire ordeal, and I appreciate the helpful resource information shared.  Although no marriage is perfect, I trust my husband.  If in all the  years I've known him, I would never have married him if I believed he was someone who would willfully lie to me.  The immigration process on top of all life's other demands is challenge enough, and marriage encounters obstacles but a husband/wife determined to build a strong foundation can overcome, and that is exactly what my husband and I intend to do, overcome. 

 

I will provide the outcome of our issue as we progress.  Thank you again for your helpfulness.