I-130 sent back for Revocation and revoked no NOIR

[africa321 1]

My I-130 was sent back for revocation for lack of evidence of a legitimate marriage. I just received a letter today from USCIS and they made a Decision and they revoked my case. They did not send me an NOIR to provide more evidence they automatically revoked it. They didn't even give me a reason just saying the beneficiary was unable to present evidence of a legitimate relationship with the petitioner. At the bottom it said I can file Form I-290B, Notice of Appeal or Motion within 30days. I don't know what to do now.

Should I file the I-290B?

File new I-130?

Get a Lawyer?

[dwheels76 5,463]

My I-130 was sent back for revocation for lack of evidence of a legitimate marriage. I just received a letter today from USCIS and they made a Decision and they revoked my case. They did not send me an NOIR to provide more evidence they automatically revoked it. They didn't even give me a reason just saying the beneficiary was unable to present evidence of a legitimate relationship with the petitioner. At the bottom it said I can file Form I-290B, Notice of Appeal or Motion within 30days. I don't know what to do now.

Should I file the I-290B?

File new I-130?

Get a Lawyer?

filing a New I-130 will get you nothing if you don't know why?

You need a lawyer do a consult so you can weigh your options. Appeal on what grounds? It can't be because you disagree.

Seek a lawyer first. Really sorry for what happened.

USCIS revoking with no NOIR is a BIG deal because they are basically saying we approved you but we now do not back that up.

Can i ask what questions were asked at interview?

Were there red flags in your relationship?

What kind of evidence did you present with your I-130 petition?

Did you present more at interview?

Was there AP after interview?

[belinda63 2,981]

You need to do a Freedom of Information Act request on your file to find out exactly why you were denied. Unless there were indications at the interview as to what the problem was we would just be shooting in the dark trying to advice you. Filing a motion to reopen would be useless without knowing why it was denied. How would you argue there was a mistake made if you don't know what they based the decision on?

Re-filing the I-130 won't do any good until you know why it was denied or at least until you gather a LOT more evidence of your relationship. If nothing has changed why should the consular officer change his decision?

I would suggest a consult with an immigration attorney to get some direction on what to do.

[africa321 1]

filing a New I-130 will get you nothing if you don't know why?

You need a lawyer do a consult so you can weigh your options. Appeal on what grounds? It can't be because you disagree.

Seek a lawyer first. Really sorry for what happened.

USCIS revoking with no NOIR is a BIG deal because they are basically saying we approved you but we now do not back that up.

Can i ask what questions were asked at interview?

Were there red flags in your relationship?

What kind of evidence did you present with your I-130 petition?

Did you present more at interview?

Was there AP after interview?

Can i ask what questions were asked at interview?

How and when did you meet?

When was the last time and how many times did he visit Ethiopia?

Do you have a bank account together?

What is his demeanor like?

When did he get his citizenship?

Were there red flags in your relationship?

First time we met we got married 12 days latter and I was there for a month.

I haven't been back since the marriage which was 9 months to the interview.

He asked how long were our conversations on average and my wife said an hour to 45 min, when they were actually 5 to 20 mins.

What kind of evidence did you present with your I-130 petition?

Photos of wedding, random pics during my stay with her.

money transfer receipts

Marriage certificate.

Did you present more at interview?

No.

Was there AP after interview?

No.

[africa321 1]

You need to do a Freedom of Information Act request on your file to find out exactly why you were denied. Unless there were indications at the interview as to what the problem was we would just be shooting in the dark trying to advice you. Filing a motion to reopen would be useless without knowing why it was denied. How would you argue there was a mistake made if you don't know what they based the decision on?

Re-filing the I-130 won't do any good until you know why it was denied or at least until you gather a LOT more evidence of your relationship. If nothing has changed why should the consular officer change his decision?

I would suggest a consult with an immigration attorney to get some direction on what to do.

How do I go about doing a Freedom of Information Act request on my file and how long does it usually take? Can I do it on my own or would I need a lawyer to do it?

[dwheels76 5,463]

How do I go about doing a Freedom of Information Act request on my file and how long does it usually take? Can I do it on my own or would I need a lawyer to do it?

Here you go.

http://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/uscis-freedom-information-act-and-privacy-act

[belinda63 2,981]

I can see why they don't believe it's a real relationship. You met, got married, that's it. You need to make another trip or two at least and stay for a few weeks each time. Get lots of evidence, pictures together, with the family, with the neighbors, receipts of things you did together,

[africa321 1]

I can see why they don't believe it's a real relationship. You met, got married, that's it. You need to make another trip or two at least and stay for a few weeks each time. Get lots of evidence, pictures together, with the family, with the neighbors, receipts of things you did together,

I made another trip after the visa was denied at the interview and stayed for two months and opened a joint bank account an traveled through the country taking pics. I was hoping they would send a NOIR so I could submit more evidence but instead USCIS agreed with the CO and automatically revoked our petition.

[dwheels76 5,463]

I made another trip after the visa was denied at the interview and stayed for two months and opened a joint bank account an traveled through the country taking pics. I was hoping they would send a NOIR so I could submit more evidence but instead USCIS agreed with the CO and automatically revoked our petition.

Something is missing here.She was asked about your citizenship.

how did you get to the US?

How long ago?

To be revoked right off the bat they see fraud.

You need a lawyer immediately to try and even get through this. Sorry.

[africa321 1]

Something is missing here.She was asked about your citizenship.

how did you get to the US?

How long ago?

To be revoked right off the bat they see fraud.

You need a lawyer immediately to try and even get through this. Sorry.

I have been a Green card holder for more than 20yrs and received my citizenship by derived citizenship through my parents. My citizenship certificate says I am a citizen since 2001 but did not request a certificate till 2011.

[Hypnos 6,576]

It's unusual for them to go right to a revoke without issuing a NOIR.

[africa321 1]

It's unusual for them to go right to a revoke without issuing a NOIR.

I know, I made a trip a to visit my wife and spent two months with her and was hoping I could submit that as evidence when a NOIR came but unfortunately that didn't happen. You said its "unusual" does that mean it goes on my record as a fraud? at the end of the letter they said I can still petition? Any clue?

[Hypnos 6,576]

It depends on whether there is what is known as a P6C notation in the file. As I understand it, such a notation is essentially them accusing your spouse of fraud, and if you do not contest their assumption then it becomes a finding of fact.

I'm not sure how not receiving a NOIR plays into the P6C marker in this instance.

I would urge you to immediately consult with an immigration attorney experienced in these kinds of difficult cases, as well as filing a FOIA request with USCIS to see exactly what they have decided, and why. It will likely take several weeks, and perhaps even a few months for them to respond to this request, so the sooner the better.

[Hypnos 6,576]

I'd also recommend you have a read of this: http://www.ilw.com/articles/2006,0323-ellis.shtm

It's perhaps the seminal work when it comes to potential P6C fraud cases. It's heavy reading in places, but you should get a lot out of it.

Edited June 15, 2014 by Hypnos

[Ryan H 3,791]

He asked how long were our conversations on average and my wife said an hour to 45 min, when they were actually 5 to 20 mins.

The section I put in red is problematic; your wife did not tell the truth about the length of your conversations. You indicated that you did not include these records with your petition but that does not make it ok. At some point, it may be necessary to produce those records and they will not match what she said.