Congratulations! You met the man or woman of your dreams, got married, and are ready to live in marital bliss! You file an I-130 petition for your spouse to come to the United States and it’s been approved! Your spouse has an interview scheduled to obtain an immigrant visa and youknow it’s only a matter of time before you are together!
But then you learn that during your spouse’s visa interview at the U.S. Embassy abroad, the Consular Officer did not believe that there was a “bona fide” marriage. The visa has been denied and the case has been sent back to the United States Citizenship and Immigration Service (USCIS) for the I-130 petition to be revoked. Eventually, the USCIS issues you a Notice of Intent to Revoke (“NOIR”) your I-130. Suddenly, all of your plans to reunite with your spouse have come to a stop and you don’t know what to do next.
First, you need to know what a NOIR is and why it has been issued. A NOIR is a letter issued by the USCIS advising you of their intention to revoke your I-130 petition after it had previouslybeen approved. In the NOIR, USCIS should state why the I-130 is being revoked. For example, the Consular Officer may have concluded that the marriage was not bona fide because of your spouse’s inability to answer certain questions during the interview.
Now that you know what a NOIR is, what next? Respond to the NOIR! The NOIR will state exactly when your response is due. Typically you have 30 days to respond to the NOIR. If you do not respond, USCIS will simply revoke your I-130.
Do not wait until the last minute to respond. If you’re preparing a response to the NOIR and collecting evidence to support your response, 30 days can go by very quickly!
In preparing your response, review the NOIR carefully. It should set forth the specific reasons as to why USCIS intends to revoke your petition. In your response, you should address the specific reasons that USCIS has given with factual and legal points. This is your opportunity to argue that your I-130 should not be revoked.
The failure to respond or the failure to respond effectively to a NOIR can present some serious consequences. It’s important to consult with an immigration lawyer who can refute the factual and legal reasons presented by USCIS to revoke your I-130.