Need advice for NOID respond ( I-130 )

[RueBlueBird 0]

Apply on                    August 2017

1st Interview on       December 2017

NOID received on     January 2018

 

My wife and I are applying I-130 with her being a US citizen and me as an international student. Due to various reasons, I won't be living with her until I finish my degree which is in May 2018. We married back in 2016  and apply for a green card on 2017. 

 

NOID issued a month after our first interview, there're a few hiccups during the interview which raise some eyebrows such as the obvious lack of strong evidence due to us living separated and a joint bank account without many activities.

I knew the big contrast between our mutual address is the biggest question mark but I have my own reason for that. My wife is very confident that we can successfully appeal the NOID, so all that's left for me is to prepare an appropriate response. Which I have little experience on. I need advice on what I should say in the letter.  

[Hypnos 6,577]

What letter?

 

Your response to their NOID needs to rebut all of the allegations made against you. And on top of that, you should submit every piece of evidence you have that attests to a good faith marriage.

[Tenreyro 174]

7 hours ago, RueBlueBird said:

I need advice on what I should say in the letter.  

First of all, hi.

 

Please let us know what they requested on the NOID, so we can better help you with more accurate suggestions. Second, depending on what they told you, you might need more than a letter, if you still have time don't just send a letter to answer fast to them, but wait until you can build something stronger.

[RueBlueBird 0]

2 hours ago, Tenreyro said:

Please let us know what they requested on the NOID, so we can better help you with more accurate suggestions. Second, depending on what they told you, you might need more than a letter, if you still have time don't just send a letter to answer fast to them, but wait until you can build something stronger.

They provide us 30 days to rebut the NOID and to submit any additional evidence in support of the visa petition. They don't specifically request anything, just point out the lack of mutual address on our driver's license and a joint bank account without many activities which - raise the question of a bona fide marriage. 

Edited January 24, 2018 by RueBlueBird

[RueBlueBird 0]

9 hours ago, Hypnos said:

What letter?

 

Your response to their NOID needs to rebut all of the allegations made against you. And on top of that, you should submit every piece of evidence you have that attests to a good faith marriage.

I did a little digging around the forum and found a similar case to mine: 

 

LandX had responded to the NOID with which I assume is an argument letter stapped with evidence to rebut. So what I have in mind is preparing an essay and then gather evidence to support my claim and submit to them before the deadline. Which raise a problem that I have no experience in drafting an appropriate argument letter to respond to a NOID.

[Tenreyro 174]

7 minutes ago, RueBlueBird said:

They provide us 30 days to rebut the NOID and to submit any additional evidence in support of the visa petition. They don't specifically request anything, just point out the lack of mutual address on our driver's license and a joint bank account without many activities which - raise the question of a bona fide marriage. 

In my opinion, you should try to create a strong case for your marriage. You are saying your marriage is bona fide, meaning, real.

 

The forum discussion that you quoted is appropiate, and that was the point I was going to tell you, more than a letter or an essay, USCIS works with evidence. There they mention about USCIS mentioning cases related to your. Does your NOID have this?

[RueBlueBird 0]

2 minutes ago, Tenreyro said:

In my opinion, you should try to create a strong case for your marriage. You are saying your marriage is bona fide, meaning, real.

 

The forum discussion that you quoted is appropiate, and that was the point I was going to tell you, more than a letter or an essay, USCIS works with evidence. There they mention about USCIS mentioning cases related to your. Does your NOID have this?

Yes, although we lacking a lot of evidence since we didn't live together, that will be different after May 2018 when I'll graduate and we will share a joint residence. About "Should try to create a strong case for your marriage" are you perhaps suggesting that we should cancel the current petition and wait after a year to build up more after we've moved in together? 

[Tenreyro 174]

I like the idea of an essay together with the supporting evidence, neatfully delivered.

 

Maybe it is a problem of jurisdiction for USCIS to deal with that as two separate addresses, because it could be another field office involved, who knows.

 

But, two things I think you should take into consideration from LandX's experience. First, if you feel like you need to, look for legal advice and support, you indeed have 30 days to answer from the date they inform you there, but that's not a lot of time. And, if already some days have passed, then it's even less. And if you have to file everything again, you will spend more money again.

 

Just now, RueBlueBird said:

Yes, although we lacking a lot of evidence since we didn't live together, that will be different after May 2018 when I'll graduate and we will share a joint residence. About "Should try to create a strong case for your marriage" are you perhaps suggesting that we should cancel the current petition and wait after a year to build up more after we've moved in together? 

 

 

You know here we are as people in similar situation, and not as legal counsel, and without knowing to the fullest your personal situation.

 

However, I would like to think that you can respond to this NOID and come out successfully on the other side, because if you have a strong relationship, it is bound to be shown somewhere. Remember we don't know everything from your personal situation, so I will explain as if it were my situation, and I had to respond to a NOID

 

I would do it in three parts: 1. Why are we apart, 2. what kind of bond you have beyond the distance, and 3. what are the future plans to be together again.

 

1. Explanation on how my wife and I met, and got married, support with old photos, before marriage, and after. And why we are apart right now, showing the registration to college, and a copy of an official document from her work, such as W2, or pay stub, that shows the address.

2. Then I'll show the evidence on how we keep our bond strong beyond the distance, telephone records, if she had sent me any money, I would show the transaction statement, if she had to take a plane to visit me, or I had to take a train to visit her, I would attach a copy of the ticket, any trip we did together, and how I am on her car insurance policy, even when we still don't live together, as well as the joint bank account we have, explaining the intention we had when we opened that bank account (savings, retirement, investments, health fund, college fund, a budget for traveling abroad), and why it has been forgotten.

3.Our plan together, a quote from a car insurance company (if not already on the insurance), and an explanation that we chose that living with her there after your study is what you two have planned because *insert reason here* (closer to her family, job market, area to raise a family, etc). And what steps have been taken to make that a reality later.

 

[Tenreyro 174]

Oh, and also, maybe if you have already received mail where she lives, even when you two are not physically together. I think that would help, I guess.

 

[RueBlueBird 0]

4 minutes ago, Tenreyro said:

I like the idea of an essay together with the supporting evidence, neatfully delivered.

 

Maybe it is a problem of jurisdiction for USCIS to deal with that as two separate addresses, because it could be another field office involved, who knows.

 

But, two things I think you should take into consideration from LandX's experience. First, if you feel like you need to, look for legal advice and support, you indeed have 30 days to answer from the date they inform you there, but that's not a lot of time. And, if already some days have passed, then it's even less. And if you have to file everything again, you will spend more money again.

 

 

 

You know here we are as people in similar situation, and not as legal counsel, and without knowing to the fullest your personal situation.

 

However, I would like to think that you can respond to this NOID and come out successfully on the other side, because if you have a strong relationship, it is bound to be shown somewhere. Remember we don't know everything from your personal situation, so I will explain as if it were my situation, and I had to respond to a NOID

 

I would do it in three parts: 1. Why are we apart, 2. what kind of bond you have beyond the distance, and 3. what are the future plans to be together again.

 

1. Explanation on how my wife and I met, and got married, support with old photos, before marriage, and after. And why we are apart right now, showing the registration to college, and a copy of an official document from her work, such as W2, or pay stub, that shows the address.

2. Then I'll show the evidence on how we keep our bond strong beyond the distance, telephone records, if she had sent me any money, I would show the transaction statement, if she had to take a plane to visit me, or I had to take a train to visit her, I would attach a copy of the ticket, any trip we did together, and how I am on her car insurance policy, even when we still don't live together, as well as the joint bank account we have, explaining the intention we had when we opened that bank account (savings, retirement, investments, health fund, college fund, a budget for traveling abroad), and why it has been forgotten.

3.Our plan together, a quote from a car insurance company (if not already on the insurance), and an explanation that we chose that living with her there after your study is what you two have planned because *insert reason here* (closer to her family, job market, area to raise a family, etc). And what steps have been taken to make that a reality later.

 

Wow thank you so much, you just fortified my doubt on if sending out a measly essay would really help. Thankfully I still keep all my train tickets in a box, I will give that a try.

[Tenreyro 174]

You're welcome, remember that is just the way I personally would do it. Please keep us updated on how everything goes if you decide to submit it. And send copies, keep the originals.

 

However, I would like to know what Hypnos thinks about it, since he made a really good point before

 

12 hours ago, Hypnos said:

Your response to their NOID needs to rebut all of the allegations made against you. And on top of that, you should submit every piece of evidence you have that attests to a good faith marriage.

Edited January 24, 2018 by Tenreyro

[Hypnos 6,577]

A NOID is really kitchen sink time. Send everything that directly rebuts whatever allegations they make in their NOID, and also whatever you have that evidences a bona fide marriage.