Intent to Deny I-485

[Knope2012 10]

Hello all,

Back in February, my husband and I filed for his Green Card. He received his work permit a few months ago, and we got a letter in July that there would be a delay up to 6 months on processing our green card application. Today, we got a letter in the mail from our local Charlotte, NC office that read "Notice of Intent to Deny." It says we have 33 days to submit a properly completed I-693 form and to provide evidence of a shared life. As I included our lease and shared bank records in my original packet, that part really scares me. My husband also just started working last week, and we're worried that he might now be working without authorization. Obviously I will be getting all of the necessary documents together immediately, but does anyone have any advice or know why we received an NOID instead of an RFE? We never had an interview.

[Harpa Timsah 13,258]

It's really just an RFE, don't worry. I have noticed that local offices are sending this "NOID" letter instead of a more easily digestible "RFE" but it is really the same thing. Don't worry about the name of it.

[Knope2012 10]

It's really just an RFE, don't worry. I have noticed that local offices are sending this "NOID" letter instead of a more easily digestible "RFE" but it is really the same thing. Don't worry about the name of it.

Thank you! It's scary to get a letter in the mail after all this time with "Deny" in bold letters.

[Hypnos 6,576]

This seems to be happening quite a lot recently. It's a fairly ####### move by the local offices actually doing it, because of course "Notice of Intent to Deny" at the top is going to make people panic.

[Hypnos 6,576]

I would also add that he is not working illegally at the moment, his EAD is valid until the I-485 is actually denied (and "intent to deny" doesn't count).

Hopefully you can get this sorted quite quickly.

[Harpa Timsah 13,258]

This seems to be happening quite a lot recently. It's a fairly ####### move by the local offices actually doing it, because of course "Notice of Intent to Deny" at the top is going to make people panic.

Yeah, it makes me think that local offices are working on older protocol, since they aren't typically the ones to do initial review on cases. I wonder if all RFEs from the service centers used to say NOID.

[rascalflatt 6]

I've heard of this happening a lot recently, it's really an RFE as others have stated.

The bit I don't get is the request for evidence of a shared life. Firstly, it doesn't say anywhere that you should submit this sort of evidence (beyond marriage certificate) with the AOS package....that's what the interview is for, right? What made you submit this sort of thing with the AOS package? We didn't...

Let me know, I'm curious...

Thanks

[Harpa Timsah 13,258]

AOS from K-1 is not required to include evidence of a bona fide marriage. But, local offices usually don't handle interview-waived AOS cases. It could be that the officer wants to see something before approving with no interview.

[rascalflatt 6]

AOS from K-1 is not required to include evidence of a bona fide marriage. But, local offices usually don't handle interview-waived AOS cases. It could be that the officer wants to see something before approving with no interview.

Yep you're absolutely right Harpa, I agree. Could mean no interview...

[KayDeeCee 4,893]

AOS from K-1 is not required to include evidence of a bona fide marriage. But, local offices usually don't handle interview-waived AOS cases. It could be that the officer wants to see something before approving with no interview.

Yes, I think they are easing up the caseload at the NBC by sending out cases to local offices to approve without interview. The local offices do not seem to know the process for adjudicating cases without interview from a K-1. Sending the NOID letters to panic people is one of the worst moves to make. They are also asking for things that are not actually required when adjusting from a K-1. This NC office has been mentioned before for this very same thing. They insist the I-693 is needed, even when it is not. Now they are adding in a request for co-mingling/relationship evidence which is also not required to be sent with the I-485.

[Hypnos 6,576]

If I were in receipt of one of these NOIDs I would probably be contacting the DHS Ombudsman complaining about proper procedures not being followed by some local offices (like San Diego and AoS' from the VWP a couple of years ago).

[Knope2012 10]

I've heard of this happening a lot recently, it's really an RFE as others have stated.

The bit I don't get is the request for evidence of a shared life. Firstly, it doesn't say anywhere that you should submit this sort of evidence (beyond marriage certificate) with the AOS package....that's what the interview is for, right? What made you submit this sort of thing with the AOS package? We didn't...

Let me know, I'm curious...

Thanks

My guess is the same as listed below, that they want to get the evidence out of the way so they can skip interviewing us. In the letter we received in July saying it could be another 6 months, they mentioned that we might not have to do an interview. I didn't include relationship evidence in my packet because, as you said, it wasn't required, and I assumed we'd be having an interview where we had to bring those things. Of course, since he just started working, I don't have his name on the utility bills yet, and only on our joint bank account. I may have to actually get affidavits now to use as supporting evidence.

[Knope2012 10]

I would also add that he is not working illegally at the moment, his EAD is valid until the I-485 is actually denied (and "intent to deny" doesn't count).

Hopefully you can get this sorted quite quickly.

Thank you! We're working on getting it sorted as quickly as possible. We just have to find a civil surgeon who won't charge us a fortune and gather all the documents ASAP

[Knope2012 10]

If I were in receipt of one of these NOIDs I would probably be contacting the DHS Ombudsman complaining about proper procedures not being followed by some local offices (like San Diego and AoS' from the VWP a couple of years ago).

I'm considering it. This kind of thing rightly sends people into a panic, and it's not fair for a state to make up its own rules and not follow protocol.

Yes, I think they are easing up the caseload at the NBC by sending out cases to local offices to approve without interview. The local offices do not seem to know the process for adjudicating cases without interview from a K-1. Sending the NOID letters to panic people is one of the worst moves to make. They are also asking for things that are not actually required when adjusting from a K-1. This NC office has been mentioned before for this very same thing. They insist the I-693 is needed, even when it is not. Now they are adding in a request for co-mingling/relationship evidence which is also not required to be sent with the I-485.

I saw the post from last month where the couple got nearly the same letter that we did. It just seems that the office is being lazy and trying to get all of the documentation without bringing anyone in for an interview. I hope they're enjoying the phone calls they get when they send letters like these.

[Operator 1,927]

I'm considering it. This kind of thing rightly sends people into a panic, and it's not fair for a state to make up its own rules and not follow protocol.

As bad as NC is for making up bad laws you can't blame them for this. This is just a local office of the Federal government following it's own procedure (as wrong as it may be).