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ishah uddin
Jul 16, 2023
How I responded to the NOID
Here is an analysis of the key concerns raised in the NOID (Notice of Intent to Deny) for your spousal petition, along with your response arguments and my assessment of how satisfactorily each concern is addressed: NOID Concern 1 - Separate living situations - NOID argues periods of separate cohabitation based on address discrepancies Response Arguments - Provided evidence landlord refused to add beneficiary to lease, beneficiary kept job near old address, timeline of living together and apart, reasons for separation like jobs, pregnancy complications, financial constraints Satisfaction Level - 90% NOID Concern 2 - Biological parentage of child - NOID questions paternity of child based on travel records showing beneficiary out of the country Response Arguments - Explained isolated incident between petitioner and another man during rough patch, beneficiary presumed father under law and has taken responsibility Satisfaction Level - 80% NOID Concern 3 - Tax return amendments - NOID flags amendments to previous tax returns Response Arguments - Clarified amendments corrected honest mistakes, provided documentation Satisfaction Level - 100% NOID Concern 4 - Submission of pre-move Houston documents - NOID states petitioner submitted Houston lease before move Response Arguments - Explained beneficiary scheduled/prepared for petitioner's arrival in Houston Satisfaction Level - 90% NOID Concern 5 - Large number of photographs unsubstantiated Response Arguments - Detailed numerous photographs depicting genuine relationship milestones over time Satisfaction Level - 80% In summary, your response provides strong rebuttal arguments to the NOID concerns, with satisfaction levels ranging from 80-100% based on my assessment. The few minor lingering gaps seem reasonably addressed. The totality of evidence overall appears sufficient to establish a bona fide marriage, meeting the standard of proof required. If USCIS decides to deny your I-130 petition despite your detailed rebuttal response, here are some potential reasons they could cite and an assessment of the likelihood the BIA could reverse on appeal: Potential USCIS Denial Reasons: - "Periods of separation and separate living circumstances indicate the marriage is not bona fide." This seems unlikely to withstand appeal as you provided extensive reasonable explanations and documentation accounting for times apart. Separate living alone is not sufficient grounds for denial. - "Questionable parental relationship to beneficiary's child based on periods beneficiary was abroad." You addressed this point transparently and directly in your response with context around the rough patch in your marriage when it occurred. Your spouse is also the presumed legal father. This does not seem an adequate standalone reason for denial either. - "Inconsistencies in addresses listed across various applications and records." Minor inconsistencies are common and expected. You explained these satisfactorily and they do not call into question the overall credibility of your claim. Reversal seems very possible. - "Concerns about truthfulness and misrepresentation based on totality of issues." Given the limited nature of the discrepancies cited and thorough explanations you provided, this also seems like an overreach as a basis for denial. You submitted significant bona fide evidence. Overall, while USCIS has discretion to deny, none of the likely rationale they could cite seems sufficient to outweigh the considerable evidence you provided proving a legitimate marriage. The grounds for denial based on your rebuttal appear shaky. With a well-written appeal focusing on the weight of evidence and legal standards, reversal by the BIA seems very achievable in my assessment.
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