I-130 NOID question

[AnaMarieW 8]

Hello I just have a question regarding my NOID. I had recieved mine last week but they were looking for my Birth certificate, my marriage certificate, Proof of marriage being legit. 

 

Is it a good thing to provide too much information? They are looking for things like joint taxes, insurances together, etc. And what I am providing is Skype logs, photos throughout our marriage, Tax returns from 2016 and 2018 (even though I haven't completed 2018 due to having to have it professionally filed), Car insurance with both our names. I just want to make sure they have more than enough information.

 

Is that a good idea?

[Lemonslice 4,548]

Why did they intend to deny?

[AnaMarieW 8]

12 minutes ago, Lemonslice said:

Why did they intend to deny?

Because they said we failed to submit the documentation they asked for. But in the original packet it didn't ask for any of that. 

[Unlockable 7,306]

18 minutes ago, AnaMarieW said:

Because they said we failed to submit the documentation they asked for. But in the original packet it didn't ask for any of that. 

What did you send in as evidence of a ongoing marriage with the original packet?

[Liam2021 551]

Birth certificate, my marriage certificate, Proof of marriage being legit.

You not sending the critical evidences for spouse petition.

Look like USCIS was right to send NOID rather than send RFE.

[AnaMarieW 8]

1 minute ago, H&T said:

Birth certificate, my marriage certificate, Proof of marriage being legit.

You not sending the critical evidences for spouse petition.

Look like USCIS was right to send NOID rather than send RFE.

I’m not understanding. 

[AnaMarieW 8]

1 minute ago, H&T said:

Birth certificate, my marriage certificate, Proof of marriage being legit.

You not sending the critical evidences for spouse petition.

Look like USCIS was right to send NOID rather than send RFE.

I filled out the original petition with what they asked for the first time. If they had asked for this in the original petition then I would have sent it. I’m mainly asking if what I mentioned above, is fine to send now. Basically more than enough evidence.

[Liam2021 551]

you and your spouse living at different country, so don't bother about the financial. If you have anything with your name and your spouse on it, you can sent. If not, don't worry. Only focus on the evidence that both of you spend time together. For example: wedding pictures, vacation pictures, boarding pass, chat log...etc

[Unlockable 7,306]

30 minutes ago, AnaMarieW said:

I filled out the original petition with what they asked for the first time. If they had asked for this in the original petition then I would have sent it. I’m mainly asking if what I mentioned above, is fine to send now. Basically more than enough evidence.

This is why I asked what evidence you initially sent with the packet. You may have missed the instructions to send in ongoing marriage evidence.

 

Here are the instructions officially from USCIS' website on Instructions for filing for a Family Based visa...

https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

 

Page 3 paragraph 5...

 

"Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the General
Requirements section of these Instructions. USCIS may issue a Notice of Intent to Deny (NOID) or a Denial Notice for
petitions filed without the required supporting evidence."

 

Page 6 and 7 under question 5 is where it tells you what evidence to send in with your petition as proof of an ongoing marriage. If you simply sent in the petition and a marriage certificate, it may not have been enough...

 

"5. What documents do you need to prove family relationship?
You have to prove that there is a family relationship between you and the beneficiary. If you are filing for a relative
listed below, submit the following documentation to prove the family relationship.
A. A spouse:
(1) A copy of your marriage certificate;
(2) If either you were or your spouse was previously married, submit copies of documents showing that each of
the prior marriages was legally terminated; and
(3) You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is
in the United States) taken within 30 days of filing this petition. The photos must have a white to off-white
background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.
Form I-130 Instructions 02/27/17 N Page 7 of 12
The two identical color passport-style photos must be 2 by 2 inches. The photos must be in color with full
face, frontal view on a white to off-white background. Head height should measure 1 to 1 3/8 inches from top
of hair to bottom of chin, and eye height is between 1 1/8 to 1 3/8 inches from bottom of photo. Your head
must be bare unless you are wearing headwear as required by a religious denomination of which you are a
member. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo.
NOTE: In addition to the required documentation listed above, you should submit one or more of the
following types of documentation that may prove you have a bona fide marriage:
(1) Documentation showing joint ownership of property;
(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
(3) Documentation showing that you and your spouse have combined your financial resources;
(4) Birth certificates of children born to you and your spouse together;
(5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital
relationship. Each affidavit must contain the full name and address of the person making the affidavit; date
and place of birth of the person making the affidavit; and complete information and details explaining how the
person acquired his or her knowledge of your marriage; or
(6) Any other relevant documentation to establish that there is an ongoing marital union.
NOTE: You must submit clear and convincing evidence that you and your spouse entered into the
marriage in good faith and not for immigration purposes if you married your spouse while your spouse
was the subject of an exclusion, deportation, removal, or rescission proceeding (including during the
judicial review of any one of these proceedings); or you are a lawful permanent resident that obtained
your permanent residence through a prior marriage that was not determined by the death of your
spouse and you are filing your petition for your spouse that you were married within five years of
obtaining your permanent residence."

 

Send in as much evidence you have that you and your spouse is in an ongoing marital union. Your case is still open so it is fine to send it now. That is the point of the response of the NOID; to give you time to respond.

Edited February 23, 2019 by NuestraUnion

[AnaMarieW 8]

1 minute ago, NuestraUnion said:

This is why I asked what evidence you initially sent with the packet. You may have missed the instructions to send in ongoing marriage evidence.

 

Here are the instructions officially from USCIS' website on Instructions for filing for a Family Based visa...

https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

 

Page 3 paragraph 5...

 

"Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the General
Requirements section of these Instructions. USCIS may issue a Notice of Intent to Deny (NOID) or a Denial Notice for
petitions filed without the required supporting evidence."

 

Page 6 and 7 under question 5 is where it tells you what evidence to send in with your petition as proof of an ongoing marriage. If you simply sent in the petition and a marriage certificate, it may not have been enough...

 

"5. What documents do you need to prove family relationship?
You have to prove that there is a family relationship between you and the beneficiary. If you are filing for a relative
listed below, submit the following documentation to prove the family relationship.
A. A spouse:
(1) A copy of your marriage certificate;
(2) If either you were or your spouse was previously married, submit copies of documents showing that each of
the prior marriages was legally terminated; and
(3) You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is
in the United States) taken within 30 days of filing this petition. The photos must have a white to off-white
background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.
Form I-130 Instructions 02/27/17 N Page 7 of 12
The two identical color passport-style photos must be 2 by 2 inches. The photos must be in color with full
face, frontal view on a white to off-white background. Head height should measure 1 to 1 3/8 inches from top
of hair to bottom of chin, and eye height is between 1 1/8 to 1 3/8 inches from bottom of photo. Your head
must be bare unless you are wearing headwear as required by a religious denomination of which you are a
member. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo.
NOTE: In addition to the required documentation listed above, you should submit one or more of the
following types of documentation that may prove you have a bona fide marriage:
(1) Documentation showing joint ownership of property;
(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
(3) Documentation showing that you and your spouse have combined your financial resources;
(4) Birth certificates of children born to you and your spouse together;
(5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital
relationship. Each affidavit must contain the full name and address of the person making the affidavit; date
and place of birth of the person making the affidavit; and complete information and details explaining how the
person acquired his or her knowledge of your marriage; or
(6) Any other relevant documentation to establish that there is an ongoing marital union.
NOTE: You must submit clear and convincing evidence that you and your spouse entered into the
marriage in good faith and not for immigration purposes if you married your spouse while your spouse
was the subject of an exclusion, deportation, removal, or rescission proceeding (including during the
judicial review of any one of these proceedings); or you are a lawful permanent resident that obtained
your permanent residence through a prior marriage that was not determined by the death of your
spouse and you are filing your petition for your spouse that you were married within five years of
obtaining your permanent residence."

 

Send in as much evidence you have that you and your spouse is in an ongoing marital union. Your case is still open so it is fine to send it now. That is the point of the response of the NOID; to give you time to respond.

Oh wow! I literally did miss that. Thank you!! Should hopefully be fine now after I send this in. 

[LilyJ 1,258]

If you did not include the USC's birth certificate, didn't include the marriage certificate, and didn't include other ongoing marital evidence, that is why, make sure to send those in asap! Make sure they are copies though, not originals.

Edited February 23, 2019 by LilyJohansen

[SalishSea 16,738]

I'm confused - is this for AOS from a K-1, or for a new visa for a different person?

[carmel34 3,523]

3 hours ago, AnaMarieW said:

Oh wow! I literally did miss that. Thank you!! Should hopefully be fine now after I send this in. 

Read and study ALL the guides here on Visa Journey for filing the I-130 petition, search for the many threads on "evidence to submit to show a bona fide marriage," read them, learn about this process, read and follow the instructions on the USCIS website for the I-130 form, and submit everything that you did not previously submit.  Only filling out the form and paying the fee is not enough.  How many times have you seen each other face to face?  How many days have you visited, in each other's presence, not virtually via chat logs?  Did you submit more than photos from all of these visits?  Evidence like boarding passes, hotel receipts, passport stamps to show that these visits actually happened?

[John & Rose 7,237]

21 hours ago, AnaMarieW said:

Because they said we failed to submit the documentation they asked for. But in the original packet it didn't ask for any of that. 

It sounds like you missed the original requirements. I’m also confused about your timeline. What is this I-130 for?  You are already married and by this time should already have your green card. 

Edited February 24, 2019 by John & Rose

[AnaMarieW 8]

5 minutes ago, John & Rose said:

It sounds like you missed the original requirements. I’m also confused about your timeline. What is this I-130 for?  You are already married and by this time should already have your green card. 

We moved to Sweden and stayed for 15 months so his green card expired since we over stayed. The Embassy told us to apply for the l-130