Got a "notice of intent to deny" letter for I-129F, now what?

[Soupi 3]

A fiance visa, but if they let me apply for a full green card visa, I can wait the time and do it that way. 

[Rocio0010 5,585]

Just now, Soupi said:

A fiance visa, but if they let me apply for a full green card visa, I can wait the time and do it that way. 

You might be able to do it, but you lied on an immigration form and I do believe that is on your records forever. Time to lawyer up. The NOID is just telling you that they’ll deny your case, and you can appeal if it was their mistake, which doesn’t sound like it. The question was unambiguous.

[TurtleMoss 17]

29 minutes ago, Soupi said:

A fiance visa, but if they let me apply for a full green card visa, I can wait the time and do it that way. 

I don't think you understand the severance of your case. You did not just accidentally answered no to some random question, you lied on your application. This means filing the CR1-IR1 application will give you scrutiny as well because of the choice that was made when filling out the I-129F. 

Edited August 3, 2021 by TurtleMoss

[TWISTIE 30]

2 hours ago, Soupi said:

A fiance visa, but if they let me apply for a full green card visa, I can wait the time and do it that way. 

By the way, when Protection Order got expired? Before submitting I-129F or later? 

 

Lying to US govt. officials is a very serious offense which could bar for life to avail any benefit. In my personal opinion, your choices are as follow-

 

(1) Hire an attorney quickly and respond to it before the due date. Trust me, attorneys know how to get over this kinds of situation. They will easily be able to establish that it wasn’t a deliberate lie on your part, rather a mistake/misunderstanding. I know many people will debate this over here until its eternity but trust me attorneys know well how to handle this kinds of things. So long you can able to prove/establish that you didn’t lie deliberately on this, you are ok.

 

(2) You can let it deny this petition now, and then file another one with truthful information. I don’t think any immigration petition is denied with prejudice, rather they are all denied without prejudice...What it meant is- you are free to re-apply again. And yes, US govt. keep all the record of your previous filings, but each application/petition is dealt on its on merit. Govt. can not deny your next petition/application based on the information contained on previous petitions because then burden will lie solely upon them to prove that you intentionally and deliberately lied to them. Merely having something on the application/petition can’t be construed as if you lied to them deliberately. People make many mistakes all the time, knowingly or unknowingly...sometime typo and other times because of their failure in not understanding a question properly. I think you will be ok, trust me.

 

(3) You should get married and apply for CR-1 visa. You can even marry thru zoom now without leaving your living room...

 

 

[Soupi 3]

6 minutes ago, TWISTIE said:

By the way, when Protection Order got expired? Before submitting I-129F or later? 

 

Lying to US govt. officials is a very serious offense which could bar for life to avail any benefit. In my personal opinion, your choices are as follow-

 

(1) Hire an attorney quickly and respond to it before the due date. Trust me, attorneys know how to get over this kinds of situation. They will easily be able to establish that it wasn’t a deliberate lie on your part, rather a mistake/misunderstanding. I know many people will debate this over here until its eternity but trust me attorneys know well how to handle this kinds of things. So long you can able to prove/establish that you didn’t lie deliberately on this, you are ok.

 

(2) You can let it deny this petition now, and then file another one with truthful information. I don’t think any immigration petition is denied with prejudice, rather they are all denied without prejudice...What it meant is- you are free to re-apply again. And yes, US govt. keep all the record of your previous filings, but each application/petition is dealt on its on merit. Govt. can not deny your next petition/application based on the information contained on previous petitions because then burden will lie solely upon them to prove that you intentionally and deliberately lied to them. Merely having something on the application/petition can’t be construed as if you lied to them deliberately. People make many mistakes all the time, knowingly or unknowingly...sometime typo and other times because of their failure in not understanding a question properly. I think you will be ok, trust me.

 

(3) You should get married and apply for CR-1 visa. You can even marry thru zoom now without leaving your living room...

 

 

Thank you all for your help and advice.

 

Thank you T for your detailed explanation, I will reach out to lawyer tomorrow. 

[TWISTIE 30]

9 minutes ago, Soupi said:

Thank you all for your help and advice.

 

Thank you T for your detailed explanation, I will reach out to lawyer tomorrow. 

You didn’t respond as to when Order of Protection got expired? Before submitting the petition or after?

[Soupi 3]

15 minutes ago, TWISTIE said:

You didn’t respond as to when Order of Protection got expired? Before submitting the petition or after?

The order expired in October 2020. I filled for the i129f in December 2020.

Edited August 3, 2021 by Soupi

[TWISTIE 30]

37 minutes ago, Soupi said:

The order expired in October 2020. I filled for the i129f in December 2020.

Your attorney (not immigration attorney, unless immigration attorney practices criminal and civil matters as well) can also hide or expunge your Protection Order completely from its record. There are many ways to do so. This way, nobody would ever know about it...not even govt....Otherwise, any time a background checks would be done, it will pop it up, whether for immigration benefits or anything else (even for any specific job)...

[Ontarkie 14,345]

2 hours ago, TWISTIE said:

Your attorney (not immigration attorney, unless immigration attorney practices criminal and civil matters as well) can also hide or expunge your Protection Order completely from its record. There are many ways to do so. This way, nobody would ever know about it...not even govt....Otherwise, any time a background checks would be done, it will pop it up, whether for immigration benefits or anything else (even for any specific job)...

That is incorrect.  US Immigration and many other parts of the US government  always has access to  expunged, pardoned, hidden or what ever you want to call it. They still can access it and they still want everything to do with it. He still needs to declare it or he is right back to where he is now with a denied case. They don't play around. 

[TWISTIE 30]

28 minutes ago, Ontarkie said:

That is incorrect.  US Immigration and many other parts of the US government  always has access to  expunged, pardoned, hidden or what ever you want to call it. They still can access it and they still want everything to do with it. He still needs to declare it or he is right back to where he is now with a denied case. They don't play around. 

Oh really !!!!  I am incorrect and you are correct, right? Go check with any attorney...ok...Once your record is expunged or sealed then NOBODY can find out...Read my lips- NOBODY...ok...That’s the purpose of seal the record and to expunge it so that NOBODY could know. Now, listen very carefully- ANYONE can get the record or find out the record but there has to be a court order...Listen again, a court order...Ok...Without a court order, nobody could get these kinds of records nor they could ever find out. A request for a court order could only be made by someone if they would know  about the existence of this record. But once a record is sealed or expunged then how would someone ever come to know about it in order to seek out a court order??? And even if someone files a case in the court for a court order, do you think courts will hand this out to everyone on a silver platter??? Only law enforcement people are given a court order by the courts...and even when there is a reason for it...And I dont think there would be any reason for any law enforcement authority to EVER go for a court order for this kinds of record...ok...

 

Now, speaking of USCIS then USCIS always ...always...always wants to know EVERYTHING and ANYTHING....regardless of what it is....even if record is sealed/expunged or whatever...but if a person will not reveal then there is no way in this world they could find out..no way...no how...

 

Read again and again- Once a record is sealed and/or expunged, no body in US govt. or anyone else has access to that record. It would NEVER show up anywhere...no matter what. The only way anyone could have access to it is thru a court order, and obtaining a court order is none to impossible. One has to have a valid and strong reason. The only time courts give permission to have access to these kinds of records is to law enforcement when there is big big kinda investigation going on like terrorist attack, murder or big ones..., otherwise courts deny to law enforcement agencies too. Speaking of USCIS, USCIS cannot even get your tax records from IRS and you are talking about USCIS to have access to this kind of court records !!!!! Give me a break..ok...I have been living whole my life in the US to know this simple fact...ok...

[TWISTIE 30]

Giving your own opinions is one thing, but saying one is incorrect in its opinions without knowing the fact is another. Govt. is made of 3 branches of it...Each part of govt. has its own roles...USCIS cannot access anything from other parts of the govt...nor record from other govt. agencies..ok...

[arken 4,197]

3 hours ago, TWISTIE said:

Your attorney (not immigration attorney, unless immigration attorney practices criminal and civil matters as well) can also hide or expunge your Protection Order completely from its record. There are many ways to do so. This way, nobody would ever know about it...not even govt....Otherwise, any time a background checks would be done, it will pop it up, whether for immigration benefits or anything else (even for any specific job)...

He can do so but he has to declare such on i129f or other forms wherever asked even if they are sealed or expunged and then provide court or police records documenting any actions on that. So immigration wise it doesn't matter.

[Ontarkie 14,345]

2 hours ago, TWISTIE said:

Oh really !!!!  I am incorrect and you are correct, right? Go check with any attorney...ok...Once your record is expunged or sealed then NOBODY can find out...Read my lips- NOBODY...ok...That’s the purpose of seal the record and to expunge it so that NOBODY could know. Now, listen very carefully- ANYONE can get the record or find out the record but there has to be a court order...Listen again, a court order...Ok...Without a court order, nobody could get these kinds of records nor they could ever find out. A request for a court order could only be made by someone if they would know  about the existence of this record. But once a record is sealed or expunged then how would someone ever come to know about it in order to seek out a court order??? And even if someone files a case in the court for a court order, do you think courts will hand this out to everyone on a silver platter??? Only law enforcement people are given a court order by the courts...and even when there is a reason for it...And I dont think there would be any reason for any law enforcement authority to EVER go for a court order for this kinds of record...ok...

 

Now, speaking of USCIS then USCIS always ...always...always wants to know EVERYTHING and ANYTHING....regardless of what it is....even if record is sealed/expunged or whatever...but if a person will not reveal then there is no way in this world they could find out..no way...no how...

 

Read again and again- Once a record is sealed and/or expunged, no body in US govt. or anyone else has access to that record. It would NEVER show up anywhere...no matter what. The only way anyone could have access to it is thru a court order, and obtaining a court order is none to impossible. One has to have a valid and strong reason. The only time courts give permission to have access to these kinds of records is to law enforcement when there is big big kinda investigation going on like terrorist attack, murder or big ones..., otherwise courts deny to law enforcement agencies too. Speaking of USCIS, USCIS cannot even get your tax records from IRS and you are talking about USCIS to have access to this kind of court records !!!!! Give me a break..ok...I have been living whole my life in the US to know this simple fact...ok...

 

Here is a quick link but there are many out there that you can search yourself. Sealed or expunged never truly goes away. Federal Government and USCIS are listed as the very few that can see them.

 

https://www.illinoislegalaid.org/legal-information/will-clearing-my-juvenile-record-help-my-immigration-case#:~:text=Federal authorities and law enforcement,can also view sealed records.

 

Regardless, the OP needs a good lawyer as lying to USCIS never ends well. 

 

 

 

[TWISTIE 30]

1 hour ago, arken said:

He can do so but he has to declare such on i129f or other forms wherever asked even if they are sealed or expunged and then provide court or police records documenting any actions on that. So immigration wise it doesn't matter.

As I said earlier that USCIS always...always...always want to know EVERYTHING AND ANYTHING....So, its up the people what they decide to tell or hide from them. USCIS is not a God so to say that they will automatically know everything. If you tell them anything, then obviously they will come to know. Once this current petition is denied, the case will closed for good. A new petition will be decided based on its own merit than cross checking each petition to see every little little info as to what was written or said previously. 

 

And of course USCIS wants you to tell everything truthfully, but do you honestly believe that everyone tells truth??? Do you even know that USCIS even know that 77% of marriages between a foreigner and US citizen are sham marriages, yet still they say that they can not do anything because they don’t have resources to investigate marriages...A couple years ago, I think, 10 yrs ago an article was published in NY Times wherein a big report was written about these kinds of marriages...US citizens marry for money, and foreigners marry for coming to US or settle down here..and Immigration is fully aware of it but nobody can do anything...ok..Are these all people truthful? You know whats happening at borders...all these people who are seeking “political asylum” are not looking just to settle here than really afraid of their lives in their home country...So, are they truthful? 7 out of 10 people who come here on tourist visa do get tourist visa to settle down here, but do they tell to the consular officer that they are going to settle down in USA?  

 

That being said, its up to the people what to tell and what not to tell....and that’s what people do...always...I am not saying what people should do, instead all I’m saying is that USCIS always want to know everything but its up to the people to decide what to tell and what not to tell. And USCIS has no way to know about it.

 

Besides, disclosing this information by OP on the petition doesn’t and wouldn’t make his petition denied anyway, but lying any material fact would make his petition denied which is going to happen this time unless his attorney can establish that he didn’t deliberately lie which is very easy in his case...When attorney will write to USCIS, they will process his case, otherwise attorney could file a motion to reconsideration which would go to another panel of officers...and even there they wouldn’t budge then there would be appeal...so many channels to go to...Right now USCIS doesn’t know if OP deliberately lied or not, but attorney can easily overcome with this....Or he can file new petition once this is denied and tell the truth about it. Or marry and file CR-1...Having a protection order is not a ground to deny, but yes lying is. But then lying should be deliberate. A mistake or innocent lie doesn’t count in deliberate lying...

[TWISTIE 30]

3 minutes ago, Ontarkie said:

 

Here is a quick link but there are many out there that you can search yourself. Sealed or expunged never truly goes away. Federal Government and USCIS are listed as the very few that can see them.

 

https://www.illinoislegalaid.org/legal-information/will-clearing-my-juvenile-record-help-my-immigration-case#:~:text=Federal authorities and law enforcement,can also view sealed records.

 

Regardless, the OP needs a good lawyer as lying to USCIS never ends well. 

 

 

 

As I have said so many times...and I am going to say again- NOBODY can access to the record without a court order. Period. Govt can access but they need a court order...and a very good reason, otherwise no judge will allow them to access. You are saying as if govt. can access very easily as if those records are public record that anyone can access too...Again, govt. can access but they need a court order...and obtaining a court order is extremely hard...like none to impossible...no judge will allow it unless there is a big investigation going on for murder or terrorist and other these kinds of crimes...Besides, govt will not waste their time and resource as well in seeking court order to gain access to these kinds of records...And again, USCIS can not access anything like they can not access IRS records...With court order, they can access anything whether its IRS record or anything else...But by their own, they can NOT access anything.