NOIR

[tataswifey 0]

hi vj,sorry for posting late buh just learnt about vj from a friend.I wish anybody can help me out.

Am a usc citizen met my husband here in korea and we got married,gave birth here and has bn living 2gether close to 3 years now.received an email from d consulate today informing me that my i~30 application has bn sent back to uscis office within the consulate with the reason*Difficulty in obtaining correct information and true identity on the beneficiarry.

does anybody knows wat this means and any possible solution.

sry,4 u notice hubby applied for a tourist visa like 7 yrs b4 at his home country and he mentioned it during the interview.tourist visa was denied anyway .suggestions pls

[Penguin_ie 5,994]

So your petition never got approved? What did you send in your original petition other than the I-130? Did you ever get an RFE (Request for Evidence) to send in more proof?

Please fill in your timeline so we have a better understanding where you are in the process.

[tataswifey 0]

happy new year everybody.pls u advise is needed.

I am d petitioner.I filled I-30 application for my husband.we attended the second interview on 20th of april 2012,after then we didn't hear anything from the embassy until 26th dec.2012 when I went to the embassy to enquire,I was sent a refusal worksheet by email informing me that my application has been returned back to uscis since september advising them to revoke.reason *difficulty in obtaining information and lack of real identity. does any one know wat to do from here.

Briefly:my husband applied for tourist visa 7 years ago before we met with an old version of his country`s international passport where his year of birth was mistaken.d visa was denied .in 2009 the country phased out the old passport and introduced the current e passport and his age was corrected.during the interview he told them he applied before, no emphasis was laid on the passports to enable him explain properly rather they focussed on our marriage and the ages of his siblings which he told them he didnt know apart from that of his younger sis who is also a us citizen.we neva wanted to follow up after d 2nd interview bcos we felt d embassy would call us if they need anything.we hv bn married for almost 3yrs,living together and we have an infant child together.pls,where do I go from here?

[tataswifey 0]

can any body help pls

[tataswifey 0]

sry,I think I was using the wrong term.the petition was approved and forwarded to the embassy to interview my husband and grant him his immigrant visa.

timeline in brief:

filled for i-30,april 2011 and was approved august 2011

first interview at the embassy was 13th feb.2012;was in ap 2 months

was called by the embassy for second interview on 20th april 2012,visa not granted placed in ap again.didn't hear from the embassy till 26th december 2012 ,notice of intent to revoke worksheet.

sry,I think I was using the wrong term.the petition was approved and forwarded to the embassy to interview my husband and grant him his immigrant visa.

timeline in brief:

filled for i-30,april 2011 and was approved august 2011

first interview at the embassy was 13th feb.2012;was in ap 2 months

was called by the embassy for second interview on 20th april 2012,visa not granted placed in ap again.didn't hear from the embassy till 26th december 2012 ,notice of intent to revoke worksheet.

[carolynhotstuff 252]

You will receive a NOIR in the mail listing and explaining the reasons why the visa was denied. If you used a lawyer to file your I-130 petition the letter will go to the lawyer. You will have 30 days to answer the NOIR and explain your situation. If your case is reaffirmed it will go back to the embassy for another interview.

Many people use an immigration attorney to help with the NOIR and many don't. The decision is up to you. In the mean time gather proof of relationship for the 3 year period you lived together. Be ready to explain why he didn't know the ages of his siblings and the passport situation. Does he still have his old passport?

[N-o-l-a 7,168]

Can you do us a favor and fill in your timeline?

Also, maybe come back on a computer - I'm not exactly old at 25, but I'm having real trouble following all the abbreviations and lack of full words.

[Penguin_ie 5,994]

*** two topics on the same issue merged. Please do not post more than once on an issue, instead provide updates and ask follow-on questions as replies in the same thread ****

You need to fight the denial (rather than just re-apply), otherwise he may get hit with miss-representation, which is a lifetime ban. If the date of birth is truly the only thing, then get a letter from the government stating they changed the date, and why, and why he had the wrong date at first.

Edited January 14, 2013 by Penguin_ie

[tataswifey 0]

thanks.no,he can't figure out where the old passport is presently,its like 7 yrs now and the age of his siblings;truelly he didn't know.he tried guessing but somwhere along the line told them frankly he didn't know apart from the age of his immediate younger sis who is a closest person to him and also a u.s citizen.as of getting a letter explaing the mistake on the old passport, we tried calling today and the immigration man told us its difficult.he said we should explain to them that the old passport has been phased out ,they can do there investigations.that passport was phased out in 2009.

sry for the abbreviations,I will type better

[Cathi 5,771]

I am having trouble following this entire post, especially the last one. What does the age of his siblings have to do with the fact that he misplaced his passport? What did he guess at? Your English is and sentences are very difficult to understand. He needs to get a birth certificate and somehow get a corrected passport. You must fight the NOIR or NOID within the time specified once you receive the letter from USCIS, you cannot reapply for a new petition.

[tataswifey 0]

@mimolicious,tnx.u advise is clearer and more specific.

[tataswifey 0]

finally received NOIR from uscis.The embassy wrongly accused my hubby of being married before because in the tourist visa application he lied that he was married and had a daughter.The truth remains that he was never married to anybody except me and had no daughter either.He told them during the interview that the marital status was made up based on the advise he received from the travelling agency who handled the application on line.He confidently signed a form that he wasn't married to anybody,yet it was returned.returning files based on assumptions?highly inconsiderate.

finally received NOIR from uscis.The embassy wrongly accused my hubby of being married before because in the tourist visa application he lied that he was married and had a daughter.The truth remains that he was never married to anybody except me and had no daughter either.He told them during the interview that the marital status was made up based on the advise he received from the travelling agency who handled the application on line.He confidently signed a form that he wasn't married to anybody,yet it was returned.returning files based on assumptions?highly inconsiderate.

[together4evr 360]

What is inconsiderate. He lied in a government form. He committed fraud. He misrepresented himself to government. I think he is screwed and he screwed himself by lying to usa.

[dwheels76 5,468]

finally received NOIR from uscis.The embassy wrongly accused my hubby of being married before because in the tourist visa application he lied that he was married and had a daughter.The truth remains that he was never married to anybody except me and had no daughter either.He told them during the interview that the marital status was made up based on the advise he received from the travelling agency who handled the application on line.He confidently signed a form that he wasn't married to anybody,yet it was returned.returning files based on assumptions?highly inconsiderate.

finally received NOIR from uscis.The embassy wrongly accused my hubby of being married before because in the tourist visa application he lied that he was married and had a daughter.The truth remains that he was never married to anybody except me and had no daughter either.He told them during the interview that the marital status was made up based on the advise he received from the travelling agency who handled the application on line.He confidently signed a form that he wasn't married to anybody,yet it was returned.returning files based on assumptions?highly inconsiderate.

This is very serious. You don't seem to understand that he lied and a big one at that about being married and having a child to get a Visa benefit. That's a real BIG misrepresentation.

They did not wrongly accused him just because he said at interview "Oh I wasn't really married".

1. Did he fill out a form to Visit the US and falsely claim he had a wife and child (I assume to show ties to his country?
2. Did he knowingly sign said form?
3. What assumption did the embassy or USCIS make? Your husband said he was married with a child than. It's up to him to prove otherwise.

Also it seems a shame that almost a year later you are just finding out the facts why he was denied. It wasn't a passport, or siblings age. This is very major dear.

You need to see an attorney quickly.

[NigeriaorBust 4,087]

What does your NOIR say. If they have accused him of a material misrepresentation you may be in for a long and expensive and maybe impossible journey. He is the one that earlier swore to immigration he had a wife and child in an attempt to get a visa. It doesn't really matter who suggested it, the lie was from him. Now they also have a signed confession that he lied in an attempt to gain a visa. This is beyond a do it yourself issue. You need to talk to a very good immigration lawyer and hope there is some possible solution. Otherwise your only path to reunion will NOT be inside the USA.