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laurarajesh

2nd time Letter of intend to revok, need help

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Filed: Citizen (pnd) Country: India
Timeline

Dear friends

i wan ask question

i filed I-129f (K3) and I-130 visa petition

approved both petition by uscis

I-129 f sent to the nvc, uscis hold i-130

nvc sent embassy i-129

visa denied after interview because bonafide relationship, I-129f

I-129f case sent back to the uscis

uscis sent letter for i-129f to us that petition expired after four month and embassey not revelited petittion.

but uscis sent i-130 back to BIA after they revoked my i-130.

BIA remand my case and sent back to USCIS to consider my case back.

but today embassy told me that uscis going to sent another NOIR letter insted of they send case to embassy

Department of state excepted that they (embassy ) did mistic on our case.and embassy try to bring my case back

my know about 2nd NOIR (leter of intend to revok ) is this ever happend with anyone

need help


laurarajesh

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Filed: Timeline

"Department of State to Close K-3 Visas if I-129F and I-130 Petitions Approved and Received Together"

Effective from February 7th, 2010

Effective February 1st, 2010 (policy already in place), when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

– The nonimmigrant K visa will be administratively closed.

– The NVC will contact the petitioner and beneficiary with instructions for processing a IR-1 (or CR-1) immigrant visa.

If the NVC does not receive an approved I-130 petition and I-129F at the same time, the NVC will process the I-129F petition. The NVC will then send the petition to the embassy or consulate in the country where the marriage took place. If the marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in the beneficiary’s country of nationality. If the marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send the petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an embassy the petition would be sent to Turkey.

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Filed: Citizen (pnd) Country: Morocco
Timeline

Dear friends

i wan ask question

i filed I-129f (K3) and I-130 visa petition

approved both petition by uscis

I-129 f sent to the nvc, uscis hold i-130

nvc sent embassy i-129

visa denied after interview because bonafide relationship, I-129f

I-129f case sent back to the uscis

uscis sent letter for i-129f to us that petition expired after four month and embassey not revelited petittion.

but uscis sent i-130 back to BIA after they revoked my i-130.

BIA remand my case and sent back to USCIS to consider my case back.

but today embassy told me that uscis going to sent another NOIR letter insted of they send case to embassy

Department of state excepted that they (embassy ) did mistic on our case.and embassy try to bring my case back

my know about 2nd NOIR (leter of intend to revok ) is this ever happend with anyone

need help

I'm sorry I'm not going to be of much help with this one.

I'm not very familiar with the Board of Immigration Appeals processes, this isn't something I have followed very much. I know of a couple of cases that have gone through the BIA, but their USCIS revocations weren't because of the inability to rebut the general "non bonafide relationship" reason, there were very specific ineligibilities under the INA which applied to those cases such as fraud and/or misrepresention.

The BIA 'may' have the authority to not agree with the revocation of the I-130 and have sent it back to the USCIS for re-adjudication, not sure about that. Did you respond to the original NOIR/NOID for the I-130 within the timeframe the USCIS asked for it? If so, in your mind did your rebuttal address the "non bonafide relationship" the NOIOR/NOID specified was the reson for the return? Did the USCIS provide a specific reason for the final decision to revoke the I-130?

I know one thing, If I received a 2nd NOIR/NOID that is another opportunity to address this petition return, I would take it. If "bonafide relationship" is the only reason given to you for all of this, then tell the story of your relationship from the beginning up to current date with proof of spending time together, plane ticket receipts, copies of passports, letters, photos, emails, phone records, affidavits from family and friends, co-mingled finances, etc.

rose.gif~kiyah~rose.gif


~ Returns & Refusals...What They Don't Tell You ~

DISCLAIMER: I am not an attorney, all information provided is from years of research and personal experiences of those affected by returned visa petitions/applications. If this is happening to you, my personal advice is to research the facts, hire a good immigration lawyer who can demonstrate they specialize in returned/denied visa petitions and applications.

~ Faith, Patience, Perseverance ~

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