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vnvy

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Posts posted by vnvy

  1. 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,

  2. 7 hours ago, Grant PDX said:

    Our visa process was more complex than most, so I thought I'd share my experience.  Feel free to ask questions, I'll give any advice I can if you happen to have a complex process as well.  Even with the complexity our it was pretty much straightforward and most delays were caused by us, not the process.

     

    This was my 4th K-1 petition.  The 1st and 3rd are now in America following divorces.  The 2nd never completed the process, but the petition was approved.  This one and the last required waivers.  The 3rd happened prior to the application change so it required a separate written petition.  This one didn't but I updated my previous and sent it with my petition anyway to give an expanded explanation of my situation.

     

    My fiance was previously married to a Mexican citizen with a Green Card living in the USA (we think, I've spoken with him and his story is always changing, so we don't really know the situation).  They were married in the Philippines a few years ago.  He came back to the US an essentially deserted her (why someone makes the effort to go to the Philippines and marry, then returns home and deserts their wife, I have no idea, but there it is).  At some point their relationship was "officially" over as he no longer responded to her except for messages to leave him and his girlfriend alone and stop bothering them.... When we began our relationship they'd been over for quite awhile but still married.  I helped him file for divorce.  Once they were divorced, 2 days after receiving the official documents, we applied for a K-1 visa.

     

    So we had me with multiple petitions, her with a Philippines marriage and no recognition filed yet in the Philippines (still haven't, may or may not eventually).  Also, having been through this before, I believe I tend to submit a pretty "thin" petition.  I didn't submit an extra paper telling how we met, I just used the space provided to describe the in-person meeting.  I submitted no chats.  I submitted 3 or 4 pictures all on 1 sheet of regular office paper.  I didn't photocopy my entire passport.  Rather, I submitted main page and pages with entry/exit stamps.  I submitted a copy of BC for citizenship proof.  I did submit boarding passes and hotel receipts showing both names.  I'd only visited once prior to the petition (although I was there again while waiting NOA2.  So a relatively light petition.  No front-loading.  Know your embassy, YMMV.

     

    With all of those complexities, our petition was approved in normal times compared to others on VJ, maybe a little faster than average.  No issues with medical, although she went prior to having received anything from the embassy, so she had to push to get it done.  The only issues we had were two: she didn't realize she needed to order her NBI with AKA her married name, so it had to be reordered and likely delayed us 2 weeks; the CFO wouldn't issue her certificate until they saw her visa.  The CFO said this was due to our case being complex and since she was still married in Phils they wanted confirmation she'd get the visa before giving her the certificate.  Also they wanted more detailed copies of my divorce papers.  In previous processes and the petition side they were good with the "Divorce Certificates" but this time the CFO wanted full decrees (5-10 pages).  I didn't have those so I had to order them and email her copies.  I was able to get them to her within 10 days, so by the time she had her interview she had them in hand.  She even went back to the CFO to show those, hoping she'd at least get the certificate prior to the visa arrival.  The same CFO agent demanded the visa before issuing the certificate.  She received the visa yesterday, made one more trip to Manila today to go to the CFO, and got the certificate and stamp (a 13 hour round trip ordeal).

     

    Long story short, she has the visa, the stamp, and a plane ticket to fly here next Tuesday.

     

    If anyone has questions about a filipina fiance situation where the fiance is still married in the Philippines I can answer.  Also, if someone is concerned about multiple filings I can shed some light maybe.  If anyone prefers to troll or criticize my past without knowing the situation, I'm good with that too.

     

    Have a wonderful journey, and best of luck to everyone!5afc6081457d6_GraceBirthdaynew(002).thumb.jpg.08bbeb4d6187b2bf730dcc16db4bff36.jpg

    Congratulations!!!

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