During the application process of getting a CR1 visa, one of the most stressful periods is the waiting time to determine if the spouse visa is approved since it affects the future of both U.S. citizens and a foreign spouse. The chance for success increases if the spouses have submitted the correct documents.
However, sometimes immigration or consular officers can decide that there is a lack of information or evidence, or some other ineligibility of the applicant, which will, unfortunately, lead to a visa denial.
Main Reasons For Getting Visa Denied are:
- Lack of required documents
- Submitting documents that are not translated into English
- Lack of evidence or fraudulent evidence
- Forms that are not signed
- Legal obstacles such as the divorce process of the previous marriage
- U.S. citizen income does not meet the criteria
- Big age differences, cultural differences, inability to communicate in English, etc.
It is possible to receive a NOIR (Notice of intent to revoke) or NOID (notice of intent to deny) from USCIS, which implies that there is a possibility of visa denial and that it is necessary to provide additional information or documents.
The applicant will have 30-60 days to add missing documents and submit evidence, although it is recommended to respond as soon as possible, in order to accelerate the case proceedings. However, sometimes this will not be enough to avoid a CR1 visa to be denied.
What Can be Done if the Application is Denied?
The denial can be declared right after finishing the interview, as a consequence of failing to provide the required documents. The applicant can also be informed by getting the notice of denial, which will contain the reason for denial.
There are two options to go forward. They are formed based on the reason for visa denial in the specific case, so knowing the reason will help the applicant decide what to do next. After evaluating the problem, it is possible to:
1. Appeal the denial decision through Form EOIR-29 within 30 days of getting the decision. The appeal fee is 110$. When the appeal gets filed, it will be reviewed again by the same officer that has brought the denial decision, and then by a different immigration authority. This process can last long, and more, these outcomes can often be unsatisfactory.
2. Reapply for the I-130 visa, or file the visa request based on another alien category class. It is necessary to take action and respond within the same 30 days deadline. This procedure seems easier than the first one, and spouses usually opt for it.
If the applicant fails to respond within the deadline, it will lead to the case closure. The cancellation consequences are long-lasting since that will represent a warning sign for the immigration officer whenever this foreign spouse submits a new petition.
When the petition gets filed, the recommendation is to invest equal attention in preparing the I-130 form and all additional documents and evidence of bona fide marriage. The petitioner should make sure that all the requirements are met.
When the U.S. Citizenship and Immigration Services (USCIS) lack some information, it can require a notice called a Request for Evidence (RFE). RFE can address easily accessed documents, such as copies of birth certificates or diplomas, but sometimes these documents can be more complicated to acquire.
It can also state which document is explicitly missing or notice that some submitted papers do not meet the criteria. However, sometimes it will be necessary to provide evidence for specific immigration law provisions.
After getting the RFE notice, the deadline for responding is usually from 30 to 90 days. It is possible to respond in three ways:
1. The most important and it implies presenting all the evidence simultaneously in the same mailing.
2. Make a partial response if some of the required documents are not available, explaining why they could not be submitted and where those documents are.
3. You can withdraw the application.
Preparing the response consists of copying the RFE since the RFE original copy should be submitted in the response on top of the requested documents and a cover letter with the documents’ list. All of these documents should be copied and saved.
The RFE is becoming more common and represents the opportunity for the applicant to complement the information. However, the consequence of failing to respond to this request within the deadline can be a rejection of the petition.
Besides, it is possible to get one more notice from the USCIS local office – it is the Notice of Intent to Deny (NOID). This notice signifies that an immigration officer considers denying the application for the reasons of the lack of visa eligibility.
NOID differentiates from the RFE due to a shorter deadline of 30 days and the fact that it will contain a list of reasons for denying the application instead of a list of requested evidence. It is crucial to provide evidence for every noted reason. However, the NOID is also not an official denial, so there is a chance to provide strong evidence in the response.
When the USCIS officer gets the response, it will take 60 days or more to take further action on processing the case.
It is possible to confront the rejection or the denial of the application, even if the response was submitted on time. There are several options to choose how to act:
- Address the Appeal with the Administrative Appeals Office
- Provide new evidence that the case should be reconsidered or reopened
- The petition can be refiled after removing the mistakes
- Check on the eligibility and apply for some other type of visa
It can be intimidating to receive the RFE or NOID; nevertheless, it should keep in mind that it is possible to overcome these obstacles to lawful permanent residence with a well-prepared response and substantial evidence.
To avoid potential difficulties in the green card process, it is recommended to have an immigration attorney at all stages of the case, and it is especially important to include one if RFE or NOID are received.
Receiving a NOID and RFE may confuse you or intimidate you that it will step on your way to getting a lawful permanent residence. However, if you prepare a concise response with firm evidence, you can influence the USCIS officer’s decision. Keep reading to learn what you need to do in order to overcome RFE or NOID that you have received.
After you receive one of those two notices, it’s time to prepare your response that will convince the USCIS officer that you are eligible to be given the lawful permanent residence.
There are Four Crucial Steps to Undertake in Preparing your RFE Response Carefully:
1. Firstly, you need to make a copy of the RFE. This copy needs to stay with you since the original RFE will be sent back along with your request.
2. The original copy of the RFE needs to be placed on the top of your response documentation, and all others such as marriage certificate, bank statements, or similar, go beyond the RFE.
3. Along with the RFE and evidence you submit, you need to attach a cover letter. Within this cover letter, you should list what documents you included in your response.
4. Before sending out your response, you have to make a copy of all documentation and keep it with you in case you need it in the other process.
Bear in mind that if you miss the first step, your application can be delayed. So check one more time if you put the original RFE, not the copy, and place it on the top of all documents you are submitting. This is because the RFE needs to be the first thing the receiving officer scans to move the process along.
The USCIS will not process a response received with a copy of the RFE. They will typically attempt to make it easy for you to keep the original separate from any documents you’ve made by printing it on colored paper.
If you submit the NOID response, the rules are more-less the same, but let’s highlight the slight differences. In your NOID, you will find a list of reasons you’ve been issued this notice. Depending on those reasons, you’ll probably conclude that you need to submit a variety of evidence to USCIS in order to overcome it.
What you need to do is to review the NOID thoroughly and address every single point the officer listed, making sure that you haven’t skipped any of the noted reasons. Otherwise, you risk your case to be denied based on that single point missed.
If you believe that you have already answered one of the points, you should still address it. For example, suppose you’ve already submitted proof that you and your spouse live together because the USCIS questions the marriage’s legitimacy because of a lack of bona fides.
In that case, you may include a lease agreement and copies of your joint bank statements and tax returns, and, sometimes, the USCIS will be satisfied. Still, you will undoubtedly increase your chances if you attach copies of shared insurance policies, photographs, text messages, and emails throughout your relationship.
Affidavits can also help demonstrate your marriage’s legitimacy, such as from employers, religious leaders, or figures of authority in your community.
If the NOID you received includes information that you deem incorrect, you should prepare a written rebuttal. This may be in the event if you think that the reason USCIS perceived your answers to the interview questions as inconsistent due to language barriers, a partially correct interpretation, or similar, be free to explain and refute the officer’s argument.
USCIS will assess your situation by visiting your home or checking out your online visibility. This aspect of your appearance has to be free from negative information, as well. Therefore, make sure to address those concerns so USCIS officers cannot encounter any adverse or opposing information about you outside of your application packet that can influence the outcome.
If you have received an RFE, it means that the USCIS officer found evidence you have submitted insufficient to be granted with lawful permanent residence. In case you are unsure what to do next or how to handle the further process, then the first thing would be to contact an immigration attorney.
You expected to provide the requested documents or evidence to respond to the RFE. You can undertake it in three ways:
1. Full response: Here, you will go through the list of evidence stated in your RFE and provide affidavits for each requested information.
2. Partial response – Although you have a list of needed proofs, you choose to provide some of the requested evidence. A partial response will not necessarily mean that your petition will be automatically rejected, as a full response is not a guarantee that your petition will be approved.
3. Withdraw the petition: This is the least favorable option which you should avoid. It’s always better to provide some evidence that you can gather than submitting nothing or withdrawing the petition.
Bearing in mind that you will have a narrow window of time to respond to the RFE, means that you and your attorney should act quickly and avoid missing the date to submit a response.
When you receive NOID, it’s important not to panic because it doesn’t mean that your application will automatically be denied. The USCIS officer will issue this notice to give you a chance to salvage the point.
In the NOIDU, you will find the deadline given by the USCIS, which is usually 30 days to respond. Although you have a certain period of time, we strongly advise you to take immediate steps to respond to the NOID. The best recommendation is to take the NOID to your immigration attorney.
An experienced lawyer will advise you on what evidence to gather and ensure that every aspect of the notice is addressed. Unlike RFE, where you have a list of missing evidence, in NOID, you will have a list of reasons, so together with your attorney, you will determine what evidence would support your application.
While RFE can be approved with partial responses, unfortunately, it is not the case with the NOID. If you provide a partial response, it will likely result in denial.
Once the USCIS receives your response to NOID, it will review the provided information and approve the case if you submitted sufficient evidence to change the adjudicator’s mind. You have to be patient since this process sometimes may take several months, and long delays are usual. You can use the USCIS Contact Center to check the status of your application.
Upon reviewing your response, the USCIS may find the information you provided insufficiently. In this case, it will issue a denial letter where it will explain the reasons for such a decision. Then, your option is to appeal a denial following a NOID or to reapply simply, which is very often much faster. Ищешь на час интим в городе? У нас есть элитные проститутки, трансы, мужчины.
If you decide that you would instead reapply, then make sure that you address and overcome all the earlier issues proactively this time. When it comes to filing a feer, you must pay all of it again.
Bear in mind that receiving a NOID on your marriage application is an urgent matter. Accordingly, you have to promptly address it to avoid application denial, which is a good reason why you should seek legal help and consult a qualified immigration attorney.
Contents
- Introduction
- What are RFE and NOID?
- Why Do Marriage-Based Applicants Get NOID or RFE?
- How to Respond to RFE or NOID?
- What is the Deadline for Responding to an RFE/NOID?
Introduction
Sometimes, immigration law can be a rugged territory to cruise on. All those filing forms, fees you need to pay, evidence you have to submit, interviews to undertake can make you feel trapped in your immigration case. Therefore, it is advisable to hire a lawyer from the first beginning to lead you through the whole process.
But what if you have already undertaken some steps without seeking legal help and received an RFE or a NOID after your I-130 or I-751 petition? Although it might seem that the situation is not bright, do you need to panic, or is there still something to do about it?
First of all, we will remind you to relax and take a deep breath. The good thing is there is a solution, and no need to be worried. This article will provide you with answers to the most common concerns when it comes to those two USCIS actions and equip you with information on how to handle it.
What are RFE and NOID?
When the petition lacks evidence, USCIS will dispatch a Request for Evidence (RFE). This creates an additional opportunity for petitioners to provide proofs that are important for their cases.
Immigration officers at the USCIS will usually issue an RFE when an initial assessment on your application has determined that they need more information to make an informed decision.
Once an RFE has been sent out, you’ll be allowed to make corrections to any information you’ve already disclosed, if necessary. You’ll also provide documents that can further support your case or persuade the reviewing officers to approve your application.
Usually, such requests concern a copy of a birth certificate, degree, passport, marriage license, or any other relevant document which is not complicated to obtain. Still, sometimes it can request some more difficult copies, such as a request to employers for bank statements demonstrating an ability to pay the prevailing wage.
In order to avoid rejection of your petition, you will have to respond to the RFE appropriately. These Requests for Evidence are prevalent lately, and those are becoming even more frequent since the USCIS scrutinizes cases in more detail such as those for H-1B visas.
To conclude and put it in other words, if you receive an RFE from the USCIS, it only means that they need additional information before reaching a decision.
The other USCIS document you can receive after you file the I-130 petition is a Notice of Intent to Deny (NOID). As its name says, when USCIS intends to deny your application, it will send you out a NOID, and not an RFE we talked about earlier.
If you receive a NOID, this will mean the USCIS has already decided that you are not eligible.
Now, wait: it doesn’t mean either the USCIS has already officially denied your application when it delivers NOID. But, it does mean that your path to winning the case is more challenging and that you’ll probably need to seek help from an immigration lawyer to win your case.
However, there are several noticeable differences between RFE and NOID to bear in mind when it comes to these two notices:
- RFEs are usually sent out because the USCIS is unsure whether your petition should be approved, so it needs more evidence to determine the outcome. On the other side, you may receive NOID when the officer deems that the petition shouldn’t be approved, but believes that additional evidence you may provide could affect the final decision.
- RFEs will include a list of the evidence needed to avoid a denial or rejection, but NOID will consist of a list of reasons why your petition is likely to be denied. Based on the listed reasons, you will need to determine what evidence you could provide and convince the offices to sway the decision.
- Deadlines also differ: you will likely be given a shorter time to respond to a NOID than you would for an RFE.
Why Do Marriage-Based Applicants Get NOID or RFE?
Firstly, let’s clarify why and in what circumstances marriage-based applicants receive RFE or NOID. In the United States, being married is not an instant ticket to obtaining a U.S. green card.
This might disappoint many couples since the burden to convince USCIS that the immigrant deserves a U.S. green card is on the applicants. If you intend to do so, you must be ready to demonstrate your eligibility by ensuring firm evidence.
On the way to getting a permanent residence, there are two steps to undertake in process. The first step is to file an I-130 immigrant relative petition. If it gets the approval, it enables petitioners to advance to the next step and apply for permanent resident status.
Many immigrants who want to obtain a marriage-based green card fail in the first step of the process, but you can guess your mistake since you are reading this article. Often, petitioners perceive filing the spousal I-130 petition as a trivial requirement due to its limited set of questions.
USCIS holds the power to ask for as much evidence as it deems necessary before it is convinced that your application is eligible for approval.
It might issue a NOID or RFE for multiple reasons, mainly including insufficient evidence of a bona fide relationship, discrepancies or inconsistencies in each spouse’s testimony, discovery of negative information, and 204(c) fraud finding.
Sometimes, you will find very detailed information in the USCIS issued document regarding allegations. Still, those may seem vague more than often, so make sure to hire an immigration expert in order to respond adequately.
How to Respond to RFE or NOID?
Depending on what phase the case is at, there is a difference in who is responsible for responding to the issued document: the petitioner or the couple jointly.
If USCIS issued the NOID following the I-130 petition submission, then the petitioner who is a U.S. citizen or lawful permanent resident prepared and filed the I-130 should be the one who will respond to it. The immigrating beneficiary cannot reply to a NOID and I-130 petition, although he or she can assist the petitioning spouse is preparing a response.
If a couple filed a concurrent marriage-based adjustment application (with a Form I-130 and Form I-485) and received a NOID, it would usually do so after the marriage interview at a USCIS office.
However, USCIS can technically issue the NOID at any time, and in that case, both people will be responsible for responding jointly.
If you were issued the RFE, read through it carefully and make sure you don’t miss any vital information, including any additional documentation requested.
Even if you think that you’ve already submitted some of the requested information with your initial application, still be patient. It happens sometimes. When responding, try to provide a comprehensive answer by using concise and clear responses, and submit all of the requested evidence.
It’s essential to take care of the RFE as quickly and accurately as possible. Failure to do so may delay or harm the outcome.
The vital point of your response is a collection of evidence that will support your application. In the next part of this article, you will learn more about specific documents that will help you strengthen your application.
How to Collect Evidence and What Evidence Would Be Useful for the USCIS?
A most common complaint by USCIS is there is insufficient evidence of a shared life. This can include a lack of evidence to prove cohabitation or joint finances. Moreover, contradictory or adverse evidence from USCIS interviews or investigations can raise doubt about your marriage.
So, make sure this time that your RFE response includes any requested information or evidence that the USCIS officer asked and do not hesitate to have any other documents if you think that it will solidify your application. Be sure to include all information and evidence that the officer might need to make an informed decision.
If you received NOID, your situation is a bit more complicated since, unlike RFE, your NOIDS contains only a list of allegations made by USCIS. It means that you have to conclude what documents you satisfy USCIS to revoke the decision. Because of it, it would be good not to submit the response on your own, but rather to seek professional legal help.
One of our clients was issued with NOID alleging marriage fraud in a prior marriage. This situation wasn’t easy since USCIS doubted the current marriage because of a previous one that was terminated, where the couple also filed an I-130 and were denied, even though the couple had children.
In our response, we stated that the intention of establishing a life together at the time of marriage is crucial in determining whether the couple entered into the marriage in good faith.
The first time, USCIS denied the petition without the interview, so the couple never had a chance to answer an officer’s doubts. As firm evidence of their bona fide relationship, we included affidavits of various important actors in the couple’s life, including ex-partner’s testimony, happy anniversary, and birthday cards.
In the other case, the USCIS denied I-130 because it believed that the petitioner did not provide “adequate documentation to show that the beneficiary was free to marry.”
Our client did not give the U.S. Embassy any previous marriage documentation. Instead, he represented himself as such in order to obtain a tourist visa easier. However, USCIS couldn’t just conclude that the client wasn’t free to enter a new marriage without valid documentation and based only on words.
As in the previous case, here as well right affidavits and strong arguments stated by our lawyers, made the response more convincing and more effective.
As you can see, there are various, unpredictable situations that can occur, and USCIS has the power to decide solely and independently about each.
Therefore, if when you receive RFE or NOID, make sure to contact your lawyer immediately, so you do not miss the deadline to deliver a response and to have enough time to prepare all required documentation.
Remember, the more supporting and detailed information you can send, the better your chances of getting approval will become.
What is the Deadline for Responding to an RFE/NOID?
The deadline within which you have to respond to your RFE will be listed in itself. If you miss this date, your application may be denied due to abandonment or incomplete documentation.
This means that you need to carefully look at your RFE, prepare a response on your own, hire an immigration lawyer who will help you out, and make sure you don’t miss the deadline.
If you have filed an initial application but moved after that, it’s essential to notify the USCIS about it and provide them with your new mailing address so that any notice can be delivered to you. If you travel away from home for a long time and if it’s possible, it is always a good idea to have a forwarding address in the place, you will reside.
In the event of missing either of these steps, you will be likely to receive an RFE notification on the wrong address without being notified, which will result in missing the response deadline and losing a to respond appropriately.
The amount of time you get to respond to an RFE will mostly depend on the level of difficulty surrounding the request’s requirements. Usually, the deadline that most applicants get is somewhere between 30 and 84 days.
Remember that this is one of the most important aspects of responding to an RFE, to meet the specified deadline set out by USCIS, and not even a day later. Moreover, the sooner you can provide USCIS with the requested evidence, the better your chances of an accurate and effective response are.
Missing this deadline will lead you to the opportunity to file an appeal to reopen your application, but this is a step that should be avoided in any circumstances unless you encountered legit events that prevented you from responding promptly.
When it comes to the NOID, this notice will also include the time of how long you have to respond, which is usually 30 days. Here, you should know that there are three additional days for mailing besides this limit, considering the date highlighted on the NOID’s top.
Typically, this period is not flexible, which means that if you cannot gather all of the evidence on time, USCIS will eventually deny your case.
Having in mind the current situation due to the coronavirus or COVID-19 pandemic, USCIS made some exceptions. It stated that if you receive a NOID dated between March 1 and September 11, 2020, you will be given some extra time. Accordingly, you can respond up to 60 calendar days after the response date outlined in your NOID.
In order to prevent a denial, we advise you to submit as much evidence as you have, no matter whether you consider some of it sufficient.
If there is some information that takes more time to get and this doesn’t depend on you, along with gathering evidence, attach a letter advising USCIS that you will supplement more information as soon as possible.
If you have any proof that you commenced collecting additional evidence that will support your application, provide it to the USCIS, as well. In this way, you will let USCIS know that you are waiting for the missing information and are serious about proving your bona fide marriage.