How long does it take the USCIS to send NOIR?

[mandyt 0]

Hey guys,

Just about how long does it take the USCIS to send the Petitioner the NOIR (Notice of Intent to Revoke) letter? Also is it customary for the Petitioner to get the NOIR before the NOID (Notice of intent to deny)? What is the difference and on what basis is one or the other sent to the Petitioner?

Thanks.

Edited February 8, 2011 by mandyt

[YuAndDan 153]

NOID is a paper handed out to the beneficiary at the end of a failed interview.

NOIR is a letter sent out to petitioner after they receive back the denied case file from the consulate.

NOIR can take months after a denied visa interview.

NOID first, and then NOIR months later.

Moving to "Waivers (I-601 and I-212) and Administrative Processes (221g)" forum...

[mandyt 0]

NOID is a paper handed out to the beneficiary at the end of a failed interview.

NOIR is a letter sent out to petitioner after they receive back the denied case file from the consulate.

NOIR can take months after a denied visa interview.

NOID first, and then NOIR months later.

Moving to "Waivers (I-601 and I-212) and Administrative Processes (221g)" forum...

Thank you very much for that clarification.

Next question, if it takes months for the Petitioner to get the NOIR, would it be best to refile or wait? Also is there a fee for responding with a Rebuttal Letter with regards to the NOIR, is there also a time limit to respond?

Thank you!!!!

Edited February 8, 2011 by mandyt

[RICARDO4EVA2 194]

You've been dealing with this for a while now.. must be frustrating . I asked you a question on your last 2 post but got no replies so I'll ask it on this current post. Last week there was a Radio program that read an email to a case as yours and had about 6 questions. Was it related to this case..?

[mandyt 0]

You've been dealing with this for a while now.. must be frustrating . I asked you a question on your last 2 post but got no replies so I'll ask it on this current post. Last week there was a Radio program that read an email to a case as yours and had about 6 questions. Was it related to this case..?

You are such a keen listener and what a memory Mr. Ricardo? Yes, sir! Now you know the full details, what are your suggestions?

[RICARDO4EVA2 194]

You are such a keen listener and what a memory Mr. Ricardo? Yes, sir! Now you know the full details, what are your suggestions?

I don't remember all or maybe any of the questions but know it was towards the end of the program but i can definitely answer your question - I think.

Well the beneficiary is now 33 years old. The step-father married the mother when she was 9 years old. They divorced when she was 19 years old. He filed for her when she turned 26 years of age. They never stopped having a relationship because they thought that they were biologically related

Thanks.

.

Quote by Mandt source - http://www.visajourn...ost__p__4390567

Well as you know generally, when two people get married, if either the husband or wife has children prior to the new marriage, those children become the step-children of the new spouse - that's clear kool I KNOW you know that. Under the Immigration and Nationality Act (INA), the stepchild will be considered a `child' for immigration purposes only r if the marriage occurs before the child turns 18. In this case as as referenced above the marriage did take place prior to the 18th birthday. Just my thoughts here for this to have worked the United States citizen step-father should have filed the I-130 visa petition on the stepchild's behalf before the child turned 21 years of age to accord the stepchild the benefits of a child under the INA but since this was not the case then I believe this outcome was ruled.

What do you all think..? Also I'm sorry for the delay Mandty I was at work when you messaged me.

[mandyt 0]

I don't remember all or maybe any of the questions but know it was towards the end of the program but i can definitely answer your question - I think.

.

Quote by Mandt source - http://www.visajourn...ost__p__4390567

Well as you know generally, when two people get married, if either the husband or wife has children prior to the new marriage, those children become the step-children of the new spouse - that's clear kool I KNOW you know that. Under the Immigration and Nationality Act (INA), the stepchild will be considered a `child' for immigration purposes only r if the marriage occurs before the child turns 18. In this case as as referenced above the marriage did take place prior to the 18th birthday. Just my thoughts here for this to have worked the United States citizen step-father should have filed the I-130 visa petition on the stepchild's behalf before the child turned 21 years of age to accord the stepchild the benefits of a child under the INA but since this was not the case then I believe this outcome was ruled.

What do you all think..? Also I'm sorry for the delay Mandty I was at work when you messaged me.

Happy to see your response. The problem is though that the Lawyer, as you know has disregarded the age factor. The marriage did take place as you mentioned before age 18 years. Remember that this Petition did not start out as a Step-father/Step-daughter relationship, it started as a father/daughter relationship. You know what happened there. Also the case had to have been denied at the Embassy because of the Status it was filed under. Hence it must be returned to the NVC to be returned to the USCIS then to the Petitioner for Rebuttal.

I understand the part about being under 21 for INA but Ricardo is the Lawyer an idiot? What do you think? I think she is a qualified lawyer. I have spoken to her on several occasions and she has told us the same thing. Also another Attorney was spoken to and gave the same response. Ricardo the whole point is if this is a dead end then we have given up. This is draining all our energies and I really do not think that it is worth it sometimes that is why we have spoken to Lawyers that we think know what they are doing. Let me know what you think. Thanks.

[RICARDO4EVA2 194]

Happy to see your response. The problem is though that the Lawyer, as you know has disregarded the age factor. The marriage did take place as you mentioned before age 18 years. Remember that this Petition did not start out as a Step-father/Step-daughter relationship, it started as a father/daughter relationship. You know what happened there. Also the case had to have been denied at the Embassy because of the Status it was filed under. Hence it must be returned to the NVC to be returned to the USCIS then to the Petitioner for Rebuttal.

I understand the part about being under 21 for INA but Ricardo is the Lawyer an idiot? What do you think? I think she is a qualified lawyer. I have spoken to her on several occasions and she has told us the same thing. Also another Attorney was spoken to and gave the same response. Ricardo the whole point is if this is a dead end then we have given up. This is draining all our energies and I really do not think that it is worth it sometimes that is why we have spoken to Lawyers that we think know what they are doing. Let me know what you think. Thanks.

Lol lawyer an idiot... I wish I could answer but I hope not since she might have gotten $$ from you or your friend. What is the consistent information that was provided to you all by the lawyers? Honestly don't see this with an outcome even though he was under the impression that he was the father. The dna test was ruled and wiped out anything that was. She the next step was the Step/child/parent issue and i have to reference this but because the petition would have been billed after the step child's 21 birthday then no benefit can be gained. She's not to be blamed The Two parties involved is responsible since they know what happened back then. I certainly hope someone else who has more to say would come along to guide you.

[mandyt 0]

Lol lawyer an idiot... I wish I could answer but I hope not since she might have gotten $$ from you or your friend. What is the consistent information that was provided to you all by the lawyers? Honestly don't see this with an outcome even though he was under the impression that he was the father. The dna test was ruled and wiped out anything that was. She the next step was the Step/child/parent issue and i have to reference this but because the petition would have been billed after the step child's 21 birthday then no benefit can be gained. She's not to be blamed The Two parties involved is responsible since they know what happened back then. I certainly hope someone else who has more to say would come along to guide you.

Well you can LOL because we never retained any of them. I understand your point and I take all that you have to say into consideration. My question to you is if I cannot trust a Lawyer then who can I get clarification from in this matter?

[RICARDO4EVA2 194]

Well you can LOL because we never retained any of them. I understand your point and I take all that you have to say into consideration. My question to you is if I cannot trust a Lawyer then who can I get clarification from in this matter?

Well honestly if I lost trust In lawyers I would read upon the laws... Yes it is complex but then you have more power.

[mandyt 0]

Well honestly if I lost trust In lawyers I would read upon the laws... Yes it is complex but then you have more power.

Thanks Ricardo for your responses. Much appreciated.