I130 big mess (merged)

[poorman 0]

I am posting this for both me and my husband. He is from Morocco and I am USA citizen. Even I am confused today here is timeline

Dec of 2011 USCIS Approves I130

Interview date was July 7th 2012

Husband denied visa on Aug 17th 2012 Reason for denial was "other" he has passed all background checks. (Important to know that even thou I had spoken to the Interviewer she still took over 30 days to process that denial). Also important to know that after I found out bout the denial I spoke with the "chief" council in Casablana and he stated that "that interviewer has been fired and no longer works here and after looking at my file he did not know why the case was denied and went further to say not to worry this sometimes happens and file is sent back to USCIS to get RE_Affirmed"

File reaches USCIS California service on Nov 2012 and says will take 120 days to look over file again

Today May 30th I see this on the USCIS site

Post Decision Activity

On May 30, 2013, we mailed you a notice indicating we intend to revoke the decision made on your case. That notice will explain in detail what action we intend to take. Please read it carefully when you receive it. If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

MY CONFISUION is what are they revoking??? Are the revoking that I797 that the interviewer sent back as a communication to DENY or are they revoking my 1st Approval.

Last question is if they are revoking my 1st approved application then why say ......That notice will explain in detail what action we intend to take.

I mean what action would "WE" need to take ?? I know there are many types of I797 forms and they use them to communicate between offices for denials. So we are both lost...............and of course I am in Morocco with him and will be at least a few weeks before we actually see what is in the letter.

[poorman 0]

I am posting this for both me and my husband. He is from Morocco and I am USA citizen. Even I am confused today here is timeline

Dec of 2011 USCIS Approves I130

Interview date was July 7th 2012

Husband denied visa on Aug 17th 2012 Reason for denial was "other" he has passed all background checks. (Important to know that even thou I had spoken to the Interviewer she still took over 30 days to process that denial). Also important to know that after I found out bout the denial I spoke with the "chief" council in Casablana and he stated that "that interviewer has been fired and no longer works here and after looking at my file he did not know why the case was denied and went further to say not to worry this sometimes happens and file is sent back to USCIS to get RE_Affirmed"

File reaches USCIS California service on Nov 2012 and says will take 120 days to look over file again

Today May 30th I see this on the USCIS site

Post Decision Activity

On May 30, 2013, we mailed you a notice indicating we intend to revoke the decision made on your case. That notice will explain in detail what action we intend to take. Please read it carefully when you receive it. If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

MY CONFISUION is what are they revoking??? Are the revoking that I797 that the interviewer sent back as a communication to DENY or are they revoking my 1st Approval.

Last question is if they are revoking my 1st approved application then why say ......That notice will explain in detail what action we intend to take.

I mean what action would "WE" need to take ?? I know there are many types of I797 forms and they use them to communicate between offices for denials. So we are both lost...............and of course I am in Morocco with him and will be at least a few weeks before we actually see what is in the letter.

JUST an FYI for the group we have been legally married for 2 years now and living together in morocco

[Darnell 8,479]

they will be revoking the I-130.

or rather, issuing you a notice of intent to revoke.

oh wait - i see the confusion now, as I am confused also.

I say wait for the postal letter.

In the end, usually, a NOIR still gives you a window of time, in which to submit more evidence of a bonafide marriage.

For now, you might want to get an advisory letter issued by the Vice-Consul that you spoke with, in Casablanca, circa Monday.

[CarlaDave 27]

As an outsider, I read it as they are revoking the denial decision.

[MedRoni 161]

They are intending to revoke your I-130 petition, meaning they agree with the consular officers notes from the embassy. The action you will need to take is to fix whatever issue they tell you about when the letter arrives. If it is for what they believe is a non bonafide relationship then you would have to send additional proof to support your case... just as an example. You will need to wait for the letter and go from there.

Also - it is extremely important you respond to this letter in the time allowed. If you are in Morroco you may want someone to check your mail and tell you when you have to respond by. If they only give you a month to respond and you are out of the country you may miss the date. No response by the due date would be grounds for automatic denial.

Edited June 1, 2013 by MedRoni

[The Mean Lady 604]

Idk what reason they would have to revoke the approval on your I-130.

Don't speculate. Wait until you get the letter.

Breathe deep and rest. Try not to worry until you get the letter.

[Ryan H 3,834]

MY CONFISUION is what are they revoking??? Are the revoking that I797 that the interviewer sent back as a communication to DENY or are they revoking my 1st Approval.

What you are being sent is a Notice of Intent to Revoke (NOIR) and they are intedning to revoke the initial approval of the petition you filed.

They are intending to revoke your I-130 petition, meaning they agree with the consular officers notes from the embassy. The action you will need to take is to fix whatever issue they tell you about when the letter arrives. If it is for what they believe is a non bonafide relationship then you would have to send additional proof to support your case... just as an example. You will need to wait for the letter and go from there.

Also - it is extremely important you respond to this letter in the time allowed. If you are in Morroco you may want someone to check your mail and tell you when you have to respond by. If they only give you a month to respond and you are out of the country you may miss the date. No response by the due date would be grounds for automatic denial.

Everything above is correct. However, I just want to expand on the statement in bold; an NOIR will state specific reasons why it was sent and it is those specific reasons that must be addressed in a rebuttal. It's not only extremely important to respond to an NOIR by the stated deadline but it is also important to respond to it properly. It's important to note that a proper response to an NOIR does not guarantee a reaffirmation of the original approval and a reaffirmation of the original approval does not guarantee a visa will be issued at a second interview.

Don't speculate. Wait until you get the letter.

Edited June 1, 2013 by Ryan H

[Harpa Timsah 13,258]

regarding the story that the person was "fired," all of the files are approved by higher-ups. So you weren't denied on a whim. It was reviewed by many people before that decision was made.

[poorman 0]

To the group there is nothing mentioned about a NOIO being sent ............all it says on the uscis website is "we intend to revoke the decision made on your case". I had called to late on Friday and was on hold for over 45 mins with calls left in Q the call disconnected. I guess because I called at like 5pm and they all leave at 6pm...........they just left the people on hold in Q then disconnected us. So I will not know more till Monday. Just do not understand what else these people want I mean my husbands denial letter was marked "OTHER"......meaning he did not fail medical.....she did not ask for more info or supporting documents....he passed his criminal background check. I just do not see what else there is to give. I am not a lawyer but I am a student of law and just seems to me because some interviewer who maybe had a "feeling" is allowed to go upon "feeling". Where I come from you need proof of any type of guilt. My guess is she new she was being fired and prob denied a whole bunch of people that month. I do promise to keep u all posted after I make that call to uscis Monday. : )