NOIR - notice of intent to revoke

[vnvy 3]

Hi VJ community, 

 

A friend of ours needs help but this is above my relm of understanding. I was wondering if you've ever seen this before.

 

The story: in October 2016, he did a K1 for his fiance in the Philippines. He later withdrew that petition. Last November, 2017, he did another K1 for his new fiance but forgot to disclose about his previous petition in 2016. And today, he received an rfe with "notice of intent to revoke" NOIR.

 

I searched and read this:

A Notice of Intent to Revoke (NOIR) is a communication sent by the United States Citizenship and Immigration Services to a petitioner about a previously approved petition, telling him or her that the USCIS intends to revoke the petition, along with the reasons for revocation, and giving the petitioner a fixed amount of time to respond.[1] NOIRs may be issued for immigrant visa petitions (such as Form I-130 and Form I-140)[1] and for non-immigrant visa petitions (such as Form I-129 and Form I-129F).[2]

 

Response protocolEdit
The NOIR is sent to, and the response must be sent by, the petitioner (or an attorney representing the petitioner, if the petitioner is using an attorney) rather than the beneficiary. A copy may be sent to the beneficiary for information.
If the petitioner responds within the specified time, then the petitioner's response is considered when making a final decision on whether to revoke the petition. Otherwise, the petition is revoked once the specified time is over. An extension may be granted at the discretion of USCIS if the petitioner needs additional time to obtain documentation from abroad or for other meritorious reasons; however, the petitioner must respond in a timely manner to the NOIR by the stated deadline, and provide a reason for requesting the extra time.[1]

 

I've only heard of NOID, Notice of intent to deny only. Are these two the same? What are his options? Has anyone ever heard of this before?

 

Any insight and guidance would be appreciated, as always.

 

Thank you,

[JackandRed 16]

5 minutes ago, vnvy said:

Hi VJ community, 

 

A friend of ours needs help but this is above my relm of understanding. I was wondering if you've ever seen this before.

 

The story: in October 2016, he did a K1 for his fiance in the Philippines. He later withdrew that petition. Last November, 2017, he did another K1 for his new fiance but forgot to disclose about his previous petition in 2016. And today, he received an rfe with "notice of intent to revoke" NOIR.

 

I searched and read this:

A Notice of Intent to Revoke (NOIR) is a communication sent by the United States Citizenship and Immigration Services to a petitioner about a previously approved petition, telling him or her that the USCIS intends to revoke the petition, along with the reasons for revocation, and giving the petitioner a fixed amount of time to respond.[1] NOIRs may be issued for immigrant visa petitions (such as Form I-130 and Form I-140)[1] and for non-immigrant visa petitions (such as Form I-129 and Form I-129F).[2]

 

Response protocolEdit
The NOIR is sent to, and the response must be sent by, the petitioner (or an attorney representing the petitioner, if the petitioner is using an attorney) rather than the beneficiary. A copy may be sent to the beneficiary for information.
If the petitioner responds within the specified time, then the petitioner's response is considered when making a final decision on whether to revoke the petition. Otherwise, the petition is revoked once the specified time is over. An extension may be granted at the discretion of USCIS if the petitioner needs additional time to obtain documentation from abroad or for other meritorious reasons; however, the petitioner must respond in a timely manner to the NOIR by the stated deadline, and provide a reason for requesting the extra time.[1]

 

I've only heard of NOID, Notice of intent to deny only. Are these two the same? What are his options? Has anyone ever heard of this before?

 

Any insight and guidance would be appreciated, as always.

 

Thank you,

No they are not the same. NOIR is sent to the petitioner providing an explanation of why the petition is being revoked and it gives the petitioner either 15 to 30 days (calendar days including weekends/holidays) from the date of the notice to respond. If you do not overcome the issues then the petition is revoked. I'm not sure if you can appeal k1. I was able to appeal my I130.

[Boiler 43,429]

Sounds like your friend needs a Lawyer.

[TNJ17 1,329]

You need to be more specific about what the reasons were for the NOIR. You can’t appeal a K1 once USCIS or embassy denies it. They can only file again. But honestly if you get a denial on a K1 the best thing to do is forget the K1, get married and file for CR1. Also, “forgot to disclose” doesn’t sound very true. They ask on the forms if you have ever filed a petition and the only options are yes or no so if he answered no, your friend lied to USCIS. That can cause problems. 

Edited May 24, 2018 by TNJ17

[bakphx1 785]

To tell the truth, forgetting to disclose a withdrawn petition only a year later sounds bad.  So does filing a year later for a new fiancé from the same country, particularly one with a thriving marriage broker business.  If he lives there much of the year, then he would have a reason.  But outside of that it sounds like shopping for a bride. 

[OSO 29]

14 hours ago, vnvy said:

Hi VJ community, 

 

A friend of ours needs help but this is above my relm of understanding. I was wondering if you've ever seen this before.

 

The story: in October 2016, he did a K1 for his fiance in the Philippines. He later withdrew that petition. Last November, 2017, he did another K1 for his new fiance but forgot to disclose about his previous petition in 2016. And today, he received an rfe with "notice of intent to revoke" NOIR.

 

I searched and read this:

A Notice of Intent to Revoke (NOIR) is a communication sent by the United States Citizenship and Immigration Services to a petitioner about a previously approved petition, telling him or her that the USCIS intends to revoke the petition, along with the reasons for revocation, and giving the petitioner a fixed amount of time to respond.[1] NOIRs may be issued for immigrant visa petitions (such as Form I-130 and Form I-140)[1] and for non-immigrant visa petitions (such as Form I-129 and Form I-129F).[2]

 

Response protocolEdit
The NOIR is sent to, and the response must be sent by, the petitioner (or an attorney representing the petitioner, if the petitioner is using an attorney) rather than the beneficiary. A copy may be sent to the beneficiary for information.
If the petitioner responds within the specified time, then the petitioner's response is considered when making a final decision on whether to revoke the petition. Otherwise, the petition is revoked once the specified time is over. An extension may be granted at the discretion of USCIS if the petitioner needs additional time to obtain documentation from abroad or for other meritorious reasons; however, the petitioner must respond in a timely manner to the NOIR by the stated deadline, and provide a reason for requesting the extra time.[1]

 

I've only heard of NOID, Notice of intent to deny only. Are these two the same? What are his options? Has anyone ever heard of this before?

 

Any insight and guidance would be appreciated, as always.

 

Thank you,

Is a hard to WIN, but is not over yet, hope and patience, the gap between petitions are too short, questionable 100% by USCIS, Based on my experience, I had a situation like your friend but with 3 years gap between applications, all I did was a good explanation in a separate sheet of paper and got approved with not issues.

 

At this point  have your friend to respond to the RFE (NOIR), well explained, he needs to elaborate all the details and WHY he withdrew the first petition, also since already there is a red flag on his petition, he needs to gather as much information to support the case when it moves forward, evidence etc.