Case Processing

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.