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ADandSL

GOT NOIR. PREPARING TO APPEAL. ADVICE??

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Hey guys!! 

My friend's (yes it's my acutal friend...not me lol. I have a pending K1 visa application) husband was denied 3 years ago and she just got the NOIR, which allows us to appeal within 30 days of the notice date. According to the NOIR, he was denied for reasons such as not having sufficient knowledge of my friend's life in the U.S. and for not bringing any proof of calling history, mail, email or social media communications. For the appeal, she plans on sending in her kids birth certificates again, baptism certificates, passport stamps from her and her two kids showing they have travelled to Ethiopia twice. BUTTT we have a problem! My friend's phone with all viber history of her communication is LOST. What can we do to supplement the appeal without proof of communication???

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21 minutes ago, SL and ES said:

Hey guys!! 

My friend's (yes it's my acutal friend...not me lol. I have a pending K1 visa application) husband was denied 3 years ago and she just got the NOIR, which allows us to appeal within 30 days of the notice date. According to the NOIR, he was denied for reasons such as not having sufficient knowledge of my friend's life in the U.S. and for not bringing any proof of calling history, mail, email or social media communications. For the appeal, she plans on sending in her kids birth certificates again, baptism certificates, passport stamps from her and her two kids showing they have travelled to Ethiopia twice. BUTTT we have a problem! My friend's phone with all viber history of her communication is LOST. What can we do to supplement the appeal without proof of communication???

You don't "appeal" because no final decision has been made.  She will "respond" with anything she thinks will change USCIS's intention to revoke the approval of the original petition.  "REALLY", only 30 days?  Are you sure?  We cannot possibly tell you what can be done to supplement what you have without just making random suggestions.  She's going to have to give them something they don't already have along with a letter addressing the specific concerns in the NOIR.


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38 minutes ago, SL and ES said:

Hey guys!! 

My friend's (yes it's my acutal friend...not me lol. I have a pending K1 visa application) husband was denied 3 years ago and she just got the NOIR, which allows us to appeal within 30 days of the notice date. According to the NOIR, he was denied for reasons such as not having sufficient knowledge of my friend's life in the U.S. and for not bringing any proof of calling history, mail, email or social media communications. For the appeal, she plans on sending in her kids birth certificates again, baptism certificates, passport stamps from her and her two kids showing they have travelled to Ethiopia twice. BUTTT we have a problem! My friend's phone with all viber history of her communication is LOST. What can we do to supplement the appeal without proof of communication???

The letter will have specific points your friend needs to respond to each point and attach evidence accordingly.  Nothing in additional and  items already sent previously should not be included (unless you feel they were overlooked and are specifically asked for).  If they are specifically asking for the proof mentioned above then what she plans on sending would not suffice.  

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So we were able to recover VIP (international calling service) calling history and they only recovered the history form 2013 to 2014. She filed in 2015. The officer stated that her husband didn't bring in proof of ongoing communication, which is why he denied it. I also helped her organize all the photos of my friends and her two children visiting along with accompanying passport stamps and visas to validate they were there. Also, my friend wrote a letter about how the met, engagement, got married, children and how hard it is on the kids. We also included a birth certificate, because her husband did not bring those to the interview which the officer noted in the NOIR. Is there anything you all would recommend my friend do to buttress her case?    

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Do they also have proof of current communication? I'm sure they will want to see that and not just 4-6 year old call logs


Our CR1 Journey So Far:
 

USCIS Stage:

  • Feb 8 2019: Sent package
  • Feb 14 2019: Delivered
  • Feb 21 2019: NOA1 (PD Feb 14, 2019)
  • Assigned to Nebraska Service Center (yay... 🙄)
  • Waiting for: NOA2

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26 minutes ago, ADandSL said:

No she doesn't :(. She mostly uses phone cards now. In her letter to USCIS, she states that she uses phone cards. 

No texts, facebook messages, wattsapp, anything? If she sends calls from 4-6 years ago, with nothing current, it's likely they'll just send another NOIR/NOID or an RFE, or a straight denial, because it doesn't show them that they have communicated since 2014. They're probably going to want to see that it's current and not from 5 years ago.


Our CR1 Journey So Far:
 

USCIS Stage:

  • Feb 8 2019: Sent package
  • Feb 14 2019: Delivered
  • Feb 21 2019: NOA1 (PD Feb 14, 2019)
  • Assigned to Nebraska Service Center (yay... 🙄)
  • Waiting for: NOA2

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What about on his phone? No current call logs or texts on his that he can print?


Our CR1 Journey So Far:
 

USCIS Stage:

  • Feb 8 2019: Sent package
  • Feb 14 2019: Delivered
  • Feb 21 2019: NOA1 (PD Feb 14, 2019)
  • Assigned to Nebraska Service Center (yay... 🙄)
  • Waiting for: NOA2

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