Waiver and revoke

[Don Benny gold 3]

Its been answered through the waiver 

[Boiler 45,525]

Usually in this sort of case they issue a RFE and that is it. Been given the opportunity to file a I 601 is unusual, perhaps they realised their mistake?

 

Sounds like you need a new Lawyer.

[Crazy Cat 41,886]

5 minutes ago, Don Benny gold said:

Its been answered through the waiver 

I thought the waiver was sent prior to getting the NOIR,   Even so, it should have been answered. 

Edited April 22, 2022 by Crazy Cat

[Crazy Cat 41,886]

3 minutes ago, Don Benny gold said:

Its been answered through the waiver 

The I-130 is dead.  Does your relative/spouse. etc plan to submit another I-130?

[Rocio0010 5,579]

2 minutes ago, Don Benny gold said:

Its been answered through the waiver 

Do you mean the NOIR has been answered through the waiver? No, unfortunately not. They are two different steps of the process. The two might not necessarily connect. First is the NOIR, based on your response they deny or grant it, and then if denied you'd work on a waiver. somebody please correct me if I am wrong

5 minutes ago, Boiler said:

Usually in this sort of case they issue a RFE

But if misrepresentation is involved, would not it be a NOIR or a NOID? I'm learning.

[Crazy Cat 41,886]

1 minute ago, Rocio0010 said:

But if misrepresentation is involved, would not it be a NOIR or a NOID? I'm learning.

A NOIR is a type of RFE, imo.  You have a chance to rebut. 

[Boiler 45,525]

With a waiver case it would sit at the Consulate waiting for the waiver to be processed.

 

This case has been returned and a NOIR issued.

[Don Benny gold 3]

After the interview I was issued a waiver and few months later I filed the waiver a month after I got a NIOR asking me to submit the proper divorce after I have submitted a waiver and I was given 30days  to respond ,I showed my lawyer the paper work and she said I should ignore it that we should focus on a waiver and its like a trap they setting for me to implicate my self more and since I have filed the waiver and I have aoooligize for my mistake I should ignore it

What bothers me is that I checked the i130 reciept and I saw revoked . am worried will that affect my waiver 

[Crazy Cat 41,886]

3 minutes ago, Don Benny gold said:

After the interview I was issued a waiver and few months later I filed the waiver a month after I got a NIOR asking me to submit the proper divorce after I have submitted a waiver and I was given 30days  to respond ,I showed my lawyer the paper work and she said I should ignore it that we should focus on a waiver and its like a trap they setting for me to implicate my self more and since I have filed the waiver and I have aoooligize for my mistake I should ignore it

Sounds like a lazy lawyer.  An aggressive lawyer would have attacked the NOIR, imho.   Is the relation between you and the petitioner still intact?  

Edited April 22, 2022 by Crazy Cat

[Don Benny gold 3]

Yes very and we are face time as I am texting

[Family 3,988]

7 minutes ago, Don Benny gold said:

Its been answered through the waiver 

Unfortunately your attorney just killed your I-130 and I-601. If he actually told “ NOIR” Notice of Intent to Revoke is something to ignore or “ has nothing to do with you” or told you that issues raised on the NOIR were “ answered” through the waiver…then he gave you incompetent legal advice/service.

 

If he had a G-28 ( representing you ) on the I-130 he also got copies of the NOIR, but I am guessing he only submitted G-28 for the Waiver and will deny giving you any legal advice on I-130. Hopefully you can recall how /when you talked or emailed the attorney. 
 

You ( or your Petitioner spouse) can file  a complaint with the State Bar ( where your spouse lives) example link for CA https://www.calbar.ca.gov/public/complaints-claims/how-to-file-a-complaint

 

It may help you get some of your fees back…because your case done/ dead. 

 

 

 

[Crazy Cat 41,886]

6 minutes ago, Family said:

It may help you get some of your fees back…because your case done/ dead. 

Agree.  I'm not sure what the best path forward is.....refile another I-130?  

[Don Benny gold 3]

10 minutes ago, Family said:

Unfortunately your attorney just killed your I-130 and I-601. If he actually told “ NOIR” Notice of Intent to Revoke is something to ignore or “ has nothing to do with you” or told you that issues raised on the NOIR were “ answered” through the waiver…then he gave you incompetent legal advice/service.

 

If he had a G-28 ( representing you ) on the I-130 he also got copies of the NOIR, but I am guessing he only submitted G-28 for the Waiver and will deny giving you any legal advice on I-130. Hopefully you can recall how /when you talked or emailed the attorney. 
 

You ( or your Petitioner spouse) can file  a complaint with the State Bar ( where your spouse lives) example link for CA https://www.calbar.ca.gov/public/complaints-claims/how-to-file-a-complaint

 

It may help you get some of your fees back…because your case done/ dead. 

 

 

 

Yes you are right you are very intelligent .they kinda ignoring the i130 because they didn't represent me on there

[nastra30 2,287]

6 minutes ago, Don Benny gold said:

I got a NIOR asking me to submit the proper divorce - Obviously this won't be possible because there was no marriage and subsequently no divorce. So you can't supply a genuine divorce decree here.

Nonetheless, we've seen similar cases to yours on here occasionally and nobody ever comes back to update us on progress. I think yours has gone a little further in terms of progress to those similar cases so thanks for being receptive to our questions. I think your current I-130 petition is dead at this point though.

[davidvs 337]

How would someone reply to this NOIR? 

 

If they are asking for a non-existent divorce decree, are you supposed to reply that there is none, and that you previously committed visa fraud, but have requested a waiver?

 

Seems to me that a reply like that would have the same result as not bothering to reply. 

 

I'm not sure there was anything for the lawyer to do. These situations never end well.