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NOIR issued after I-130 approval (divorce timing issue from India) – respond or refile?
Hi everyone,
I’m hoping to get some opinions from people who may have dealt with NOIR situations.
My U.S. citizen husband filed a Form I-130 for me and it was approved by USCIS. During my immigrant visa interview in India, the consulate issued a 221(g) and asked for proof of divorce from my first marriage.
Timeline:
• 2017 – I had a divorce deed from my first husband in India.
• After that, I married my current husband in India.
• During visa processing the consulate requested a court divorce decree.
• I obtained a court divorce decree in 2025.
• After this, USCIS issued a NOIR (Notice of Intent to Revoke) stating that I may not have been legally free to marry when my current marriage took place.
Now we are trying to decide between two options:
Option 1: Respond to the NOIR and argue that the earlier divorce deed should be considered valid, and that the later court decree simply formalized the divorce.
Option 2: Allow the petition to be revoked, remarry now that the court divorce decree is finalized, and file a new I-130 petition.
My questions:
- Has anyone responded successfully to a NOIR involving prior divorce validity?
- If we respond and it gets denied, does it negatively affect a future petition?
- Would starting a new petition be cleaner in the long run?
- Are there any risks to responding versus refiling?
Any insights from people who have gone through similar situations would really help. Thank you.
anyone is here waiting longer than me?
if yes what was the inquiry respond? what is background check and security check actually is? is it last step like they just waiting whatever its to resolve so they can decide to decision ?
by the way my 360 is abuse from spouse
VAWA parent: Self-petitioning parent of an abusive U.S. citizen
Total Days: 1967 days
Case
2021-01-25
Today
I-360
1967 Days
Vermont Service Center: I-360
Attended the interview on 03/09/26 in houston with our lawyer priority date 7th July 2023. Pretty straight foward just basic marriage questions when we met how we started dating all. No response yet
#F2A
F2A
Permanent resident filing for a spouse or child under 21
Total Days: 1074 days
Case
2023-07-07
Today
I-130
1074 Days
I-485
1074 Days
Texas Service Center: I-130, I-485
Any recent EAD approvals as part of courtesy H1B PP?
Has anyone’s (initial) EAD recently been approved quickly as part of the H1B premium processing? My H4 got approved a day after the H1B but my EAD is still pending since. It was a paper filing and I am wondering why the EAD didn’t get processed yet if the other parts of the package are already approved. Did they put it back to the regular queue? Or is the delay caused by the recent biometrics change?
Based on being an H-4 spouse of an H-1B nonimmigrant (filed with I-539 H4)
Total Days: 63 days
Case
2026-02-03
2026-04-07
I-539
27 Days
I-765
63 Days
Vermont Service Center: I-539, I-765
Interview Completed at Miami Office Yesterday
All I can say is, if you are not ready and prepared, please start preparing now. The interview lasted pretty long because we used an interpreter. Thankfully, most of the time the officer was mainly confirming information, and occasionally she asked some in-depth questions, but there were usually no follow-ups.
The key takeaway, you HAVE to know your declaration. The questions asked require you to be very familiar with what you submitted.
She was pleased with how my attorney handled the corrections to my old application, so we didn’t spend much time on that. She also didn’t repeat many questions, and I think that’s largely because of how my supplemental filing was prepared and submitted.
I will say, though, the asylum officers are very stoic 😂. They don’t give you any indication of how the interview went or what they’re leaning towards doing lol.
For anyone preparing: please review your documents and prepare, prepare, prepare. Do mock interviews if you can, find evidence and be sure to know how to respond to questions that will challenge your claim, for example : “if such political party is not in power anymore, why are you so afraid to go back?”
At the end, the officer explained that she is not the one who makes the final decision and that we should watch for the decision in the mail. She also stated that all evidence and documents submitted will be reviewed when they determine the outcome.
She explained there are two possible outcomes:
• Approval, which would include all the documents and information, including my derivatives.
• NOID (Notice of Intent to Deny), which would give the attorney 16 days to respond.
And one more thing, for those worried about ICE, at least at the Miami office there was nothing to worry about. Everything was very calm and relaxed. The officers actually looked super laid back, which honestly surprised me. Reminded me of the DMV.
Has anyone been approved yet? With the same timeline?
the lord is our strength 🦾🦾🫰🫰🫰
VAWA
Based on a Violence Against Women Act self-petition
Total Days: 2058 days
Case
2020-10-26
Today
I-130
291 Days
I-131
1333 Days
I-765
721 Days
I-360
721 Days
I-485
721 Days
Potomac Service Center: I-130
National Benefits Center: I-131
Nebraska Service Center: I-765, I-360, I-485
I-485 Approved
Got Approval for Principal Applicant. Waiting for Derivatives. Goodluck everyone!
One thing to note, I was able to predict exactly within the hour that my I-485 will be approved, so I waited for the approval email then suddenly got the approval! So I read from reddit that once 3rd FTAO appears, exactly 24 hrs and 10 minutes approval will come lol. I kind of dig a little bit deeper and it make sense on my case based on few factors. I converted timezone to my local time and count 24 hrs and 10 minutes :)
Goodluck everyone, will post once card arrives.
EB2-NIW
Advanced degrees or exceptional ability requesting a National Interest Waiver
Total Days: 866 days
Case
2023-10-30
2026-03-14
I-140
28 Days
I-485
163 Days
Nebraska Service Center: I-140
National Benefits Center: I-485
