revoked After noir

[Ahmed amin 0]

hey i have sad story  after my interview my case send back to uscis fir review and they send me noir after i aswered the noir my status change to revocation notice was sent  and they give me 30 day to appeal  i dont khow i should appeal or file new case  i went to lawyer and he said we cand appeal and file new case in the same time   this is the letter the uscis send it to me   what shoud i do give up and ask my wife live  to come to me or appeal or file new case please help 

Edited September 1, 2019 by Ahmed amin

[geowrian 22,335]

I think a lot more information on the timeline of the relationship, how often and how long you saw each other in person (both before filing the I-130 and afterwards), etc. would be helpful here.

There does appear to be a couple red flags, which would increase scrutiny of the relationship. Besides the age and religion gap, are there any otgher red flags (short time together before getting married, or doing so on the first visit?) No way to avoid those, but it can be overcome with enough relationship evidence. Time spent in person is the best evidence.

 

A lot of the reasons provided in the denial refer to providing documentation for the sake of having documentation, not of showing an actual bona fide relationship.

Can you provide a full list of:

1) What was provided with the I-130?

2) What was provided at NVC and/or the consulate interview?

3) What was provided in the response to the NOIR?

 

According to the denial, it sounds like the majority of the evidence provided was from friends and family, unverifiable sources, which held no weight.

Can you explain the wedding situation a little more? It states that the wedding was an event for the family, but there were no photos with them provided and the beneficiary did not explain why they were not in attendance. Is that accurate - were they not there?

 

Moving forward, it doesn't sound like an appeal makes much sense unless you can show they made a mistake or have other evidence - from prior to filing - that was not previously submitted. It appears that the best thing is to get more time together in person, gather plenty of evidence, and then file again with a well prepared packet.

Option 2 is to migrate in the other direction. Even if it's just temporary. Although I do understand the challenges in doing so when she has 2 children...it just might not be feasible but it is worth mentioning.

[Ahmed amin 0]

but the lawyer said he can make appeal and fil new case in the same time is it true

[user555 195]

13 minutes ago, Ahmed amin said:

but the lawyer said he can make appeal and fil new case in the same time is it true

The lawyer can do both, but the real question is "Will USCIS accept his documents?". It sounds like your first attempt didn't have enough evidence that USCIS was looking for. You can appeal in 30 days and file a new case, because the new case isn't going to be looked at for at least 6 months. If the appeal is denied, the other case will be looked at. If the appeal is accepted, you can cancel the other case. It sounds like there was a lot of missing information with your original application and USCIS was suspicious of it. 

[JulianaSteve 25]

Can you tell us more about your relationship and the evidences you presented? 

 

Maybe knowing more we can help you to find if they are not enough to prove the relationship. Because doesn't matter if you appeal or file for a new one, if the evidences are weak you will lose your time and money.

 

 

[Crazy Cat 39,220]

Thanks for posting the actual notice.  I have copied this NOIR for future reference.  

[Just Paul 4,591]

5 hours ago, Ahmed amin said:

but the lawyer said he can make appeal and fil new case in the same time is it true

He will do whatever you pay him too.    You have a few red flags to overcome.   She needs to come spend more time with you.  You need some photos of the two of you with your family.   She needs to show more things, that a married couple would have, like commingling of finances, insurance, wills and taxes.

 

ou need to take the time a re file with a stronger front loaded petition .

[Teemo 252]

To put it bluntly, your marriage seems like(removed) and the USCIS called you out on it. It's applications like yours that slow down the system for everyone else. Deserved denial, an appeal won't help unless and until you have a bona fide marriage, where you know, family actually attends your wedding and you have real conversations not made up ones. 

Edited September 2, 2019 by Ontarkie
edited for language

[JFH 12,189]

As you can see, affidavits, letters, cards, messenger screen shots are very low value evidence, almost worthless. To strengthen your case you need to spend lots and lots of time together. It may mean you have to wait s few years before you can file again while you spend time and money on plane tickets and hotels to see each other several times. Don’t waste money on a new application yet unless you have a stack of good quality evidence that was missed in the original filing or has been gathered since the interview. Use the money for visits to each other. 

[SalishSea 16,770]

9 hours ago, Ahmed amin said:

what shoud i do give up and ask my wife live  to come to me

Is she prepared to do this?  May be the best way to create evidence that it is not just a greencard marriage, which is what they suspect and why they denied it.

[JeanneAdil 6,194]

8 hours ago, geowrian said:

I think a lot more information on the timeline of the relationship, how often and how long you saw each other in person (both before filing the I-130 and afterwards), etc. would be helpful here.

There does appear to be a couple red flags, which would increase scrutiny of the relationship. Besides the age and religion gap, are there any otgher red flags (short time together before getting married, or doing so on the first visit?) No way to avoid those, but it can be overcome with enough relationship evidence. Time spent in person is the best evidence.

 

A lot of the reasons provided in the denial refer to providing documentation for the sake of having documentation, not of showing an actual bona fide relationship.

Can you provide a full list of:

1) What was provided with the I-130?

2) What was provided at NVC and/or the consulate interview?

3) What was provided in the response to the NOIR?

 

According to the denial, it sounds like the majority of the evidence provided was from friends and family, unverifiable sources, which held no weight.

Can you explain the wedding situation a little more? It states that the wedding was an event for the family, but there were no photos with them provided and the beneficiary did not explain why they were not in attendance. Is that accurate - were they not there?

 

Moving forward, it doesn't sound like an appeal makes much sense unless you can show they made a mistake or have other evidence - from prior to filing - that was not previously submitted. It appears that the best thing is to get more time together in person, gather plenty of evidence, and then file again with a well prepared packet.

Option 2 is to migrate in the other direction. Even if it's just temporary. Although I do understand the challenges in doing so when she has 2 children...it just might not be feasible but it is worth mentioning.

Listen to the above poster

I had a lot more evidence than you did with visits of a month to 3 months and my denial only said "he did not know what books i read"  but we knew it was our age difference that made the CO say no.

I did an appeal which took over a year

i did win it and the appeal said marriage is bona fida (means real) but it said to reapply

You want to go thru all that as i read the reasons for your notice and there is no way to overcome your issues /  you can't prove someone knows about your marriage when they were not at the celebration or for signing  the contract/ you can not prove your family was there when they were not/ facebook does not prove a bona fida marriage (it takes a marriage certification)

 

the best thing to do (if you and spouse want to continue ) is to spend more time together (face time),  get the supporting documents of a bona fida marriage, show photos of her and your family to show they approve and know of the marriage (especially your mother), and get to know the USC and everything about her.   then reapply.

 

need:

face time

marriage certificate

proof of her visits like the boarding passes and stamp in passport and photos together with Tunisian family

age can be overcome only by spending LOTS OF TIME together and staying in this marriage

for the religious differences ,  you  2 need to show that you talk about both religions and understand and respect them

 

this will not be easy

nor fast

nor cheap

so, the USC needs to decide if she will follow  thru 

 

and now the embassies are looking closely at the education and work experience (or possibility of potential job in the USA) so be prepared for this if you go thru a new interview

 

and yes,  your lawyer can file an appeal but there is no way he can overcome the issues above 

[JeanneAdil 6,194]

I forgot to say many things like the USC needs to add u to her tax returns and then with a ITIN , she can add you to bank account

AS said above by VJ member paul and Mary ,  you will need to show commingling of finances to aid your new application as you are in a high fraud country (like we were)

[Eric-Pris 1,602]

You should FIRE that lawyer who didn't object to the original petition to go through without any REAL evidence.  I understand a lawyer wants to make money but he should have some ethics knowing that the petition would most likely be denied without evidence of bona fide marriage.  

 

I think your wife needs to do some more research if she believes that it is "culturally normal for a Muslim man to marry a Christian woman 21 years with 2 children old than him."

[Duke & Marie 1,389]

9 hours ago, Teemo said:

To put it bluntly, your marriage seems like (removed) and the USCIS called you out on it. It's applications like yours that slow down the system for everyone else. Deserved denial, an appeal won't help unless and until you have a bona fide marriage, where you know, family actually attends your wedding and you have real conversations not made up ones. 

Ouch... just a little judgemental don’t you think?

 

there are plenty of bona fide relationships that are light on evidence... making your response totally uncalled for and extremely cold..

 

All of the points mentioned in the letter from USCIS apply to my case also, does that make my marriage BS too?

 

Family must actually attend the wedding???? Seriously? My husbands family lives in the US... mine lives in the UK and I live in Australia where we got married does that mean our marriage is BS? 

 

 

Edited September 2, 2019 by Ontarkie
edited quoted part for language

[geowrian 22,335]

12 minutes ago, Duke & Marie said:

All of the points mentioned in the letter from USCIS apply to my case also, does that make my marriage BS too?

You presented a lease that wasn't signed by either of you and don't live together?

You have a 21 year age gap and difference in religions - with the female being older - in a region where that combination is highly unusual?

You provided affidavits from people who have never seen you together with your SO?

 

The point is that no single item is an issue, but the combination of items listed resulted in the CO - and subsequently USCIS - determining that the marriage's purpose was to bypass immigration law.

That said, I wouldn't call it BS either as I don't know all the circumstances. Nobody here does. Hopefully the OP comes back and fills in some details to get closer to figuring out why precisely they are in this situation now.

 

12 minutes ago, Duke & Marie said:

Family must actually attend the wedding???? Seriously? My husbands family lives in the US... mine lives in the UK and I live in Australia where we got married does that mean our marriage is BS?

Certainly not. But according to the letter, it appears that they had a wedding celebration for the family, yet no family appear to have been there and an explanation as to why was unable to be obtained. That kind of discrepancy stands out, not just the lack of family being there.

"You stated that the celebration was for the family..."

"...the beneficiary could not explain why his family was not at the wedding"