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Successful Response to a Notice of Intent to Deny (NOID)
By: JCS Immigration and Visa Law Office
A client was successful in obtaining a U.S. Green Card Visa based on his marriage to his U.S. citizen wife, after a Notice of Intent to Deny (NOID) was received and responded to.
In October 2012, my office filed a Form I-130, Petition for Alien Spouse concurrently with Form I-485, Adjustment of Status for a beneficiary from Cameroon. The case processed as usual and on November 18, 2012 the client received the biometrics (ASC) appointment notice. On November 15, 2012 the client submitted fingerprints and had his photo taken at a USCIS Application Support Center. In the beginning of December the client received a notice to appear for an interview in January of 2013.
On January 10, 2013 the client and his wife appeared before United States Citizenship and Immigration Services (USCIS) to conduct the mandatory marriage interview. At the time of the interview, USCIS officers ask questions relating to the couple’s relationship, marriage, living arrangements, etc. to establish that the couple have a bona fide marital relationship.
When the petition and adjustment application were initially filed, the package we prepared included limited supporting documents, due to the relatively new relationship. After the interview, the case pended for several weeks and then a NOID was issued by USCIS citing that there was insufficient proof of a bona fide marital relationship between the petitioner and the beneficiary. Upon our receipt of this notice in April, we worked with the client to prepare his response to USCIS. As the petitioner and beneficiary had now been married for almost a year, and the client’s adjustment of status had been pending outside of the normal processing time, they were able to obtain more evidence to establish their bona fide marital relationship.
We were able to supply USCIS with updated photos of the couple, matching addresses on driver licenses, lease agreements, insurance records, medical bills, utility bills, income tax returns, letters and cards addresses to the couple, bank statements, as well as notarized affidavits from close friends and family members attesting to the legitimacy of the marriage.
Our prepared response to the NOID was delivered to USCIS before the deadline at the end of May 2013 and the client’s application continued processing. At the end of June we received notice of the approved petition and approval of adjustment of status for the beneficiary. Beneficiary is now a Conditional Lawful Permanent Resident of the United States!