Case Processing

Shraddha Makwana
3h
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.
Comments
Jhonny Zion
15h
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.
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