Adnaan Patel
Jan 16, 2023
I-130 NOID
Hello
I am a little confused, I received a NOID about a month ago as a petioner for my husband. At the same time my husband received an RFE for his medical exam. The NOID was regarding 'Insufficient Evidence of a Bona Fide Relationship' which is valid since we filed AOS and didn't have much proof at the time. We did have more proof than our lawyer requested though (which is a different story).
We filed AOS in February of 2022 along with the Employment Authorization and the Advanced Parole.
We did Biometrics about a month and a half later.
In August we received an RFE for my Fathers 2021 Tax Documents (a sponsor). When we originally filed we had not done our taxes for the current year so we sent in our taxes for the year 2020.
We responded to the RFE with the required documents.
In December 2022 we received a NOID along with an RFE for my husbands medical exam.
We have been using a lawyer so everything that has been requested has been provided. We have come to find that our lawyer has been incompetent and could have prevented most if not all of these issues from the beginning.
From further research people usually receive a NOID after their interview. I am not sure why they have issued us a NOID prior to our interview.
I have found nothing online regarding receiving a NOID and RFE at the same time. Especially when a NOID is used to approve or deny a case and they are requesting an RFE for a medical exam (what's the point if there's a chance they might deny)
There was no option to upload the NOID online through the USCIS portal. Whereas it gives us the option to upload the medical exam which should be mailed in a sealed envelope if requested (via RFE) not opened, copied and uploaded. Unusual.
We have submitted what we think is ample evidence now since we have been married a year. However neither the Employment Authorization or the Advanced Parole have been approved for my husband. Which has made providing the proof they have listed tricky (can't open a joint/bank account without a work permit and don't have other forms of ID that banks would accept)
We can't file taxes jointly due to this but I can get my husband an ITIN and file jointly for 2022 taxes which we intend to do when we file. We tried to do this earlier in the the year but was not possible as I had already filed 2021, we were told it can only be done prior to filing so before 2022 is filed we have to go to the IRS Taxpayer Assistance Center again and they will issue my husband an ITIN and will then file for us jointly.
I know this is long but I'm not sure if anyone can clear this up for me.
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Mish YJan 16, 2023
they can sand a NOID at any time, it doesn’t have to be only after an interview- an interview could be waived all together! If you husband have a SSC you can open a joint bank account, you don’t need a work permit for that. Have as many affidavits of support from close relatives and friends that you can get, especially from your family attesting to your relationship. What about a lease agreement? Affidavits from neighbours?
Adnaan PatelJan 16, 2023
We have affidavits from friends, family and religious figures. We’re not very close to our neighbours and tend to keep to ourselves but I’m sure they see us come in and out regularly together from dates and shopping trips etc. so maybe they could help. I will ask them. The house is owned by my father and we live here rent free he has attested to this in his affidavit. He doesn’t have a social security card, how would we go about getting one without his work permit?
S LJan 16, 2023
I’d like to add to the part that I think might help. I know my family had opened a bank account for a family member before without having SSC or work permit. Passport will be sufficient and tell the bank teller about your situation and see what they can do for you as for joint account. If not, I believe you can at least add an authorized user to you credit card under the spouse’s name with the citizenship and ask the credit card company to send you a proof ( with both primary card holder’s and authorized user’s names; believe it or not, they one time sent me one without authorized user’s name, I mean, what does that proof?!😒) letter. That would be considered joint financial responsibility as well at least along with your other evidence.
If you have insurance that includes both of your names, that could be one as well.
I read some people included all their concert tickets, or amusement parks ticket (that have your name on it) or events and such. Your photos, social media, text record, if there’s anything as such that proves you two spending time together doing things as couple, they all help.
Car insurance with spouse name added. Life insurance with both of you covered…. etc.
Good luck!
S LJan 16, 2023
I looked up online, you need an ID number, which could be SSC or a ITIN number (there you go) to open a bank account, of course your name DOB and so on. But this might work if you can get your spouse that number if the bank doesn’t open for you without a SSC.
Quote from the website:
“If you don’t have a U.S. government-issued SSN or ITIN, some banks and credit unions will accept a passport number and country of issuance, an alien identification card number, or other government-issued ID number.”
https://www.consumerfinance.gov/ask-cfpb/can-i-get-a-checking-account-without-a-social-security-number-en-929/
shade oluJan 17, 2023
if you have wellsfargo bank around you they will open it for you,that is where i opened mine i only gave them my passport and marriage certificate then my husband gave them his drivers license
S LJan 17, 2023
I second on wellsfargo bank, that’s the same bank the family got the account open without the ssc.
az azJan 17, 2023
Do not open a bank account or try to get any evidence post NOID date, all you evidence must be a s before filling and during the processing and not after the NOID date. get pictures with family and friends, affidavit and any document with date before the NOID. note:do not backdate your affidavits, since it is just a witness statement.
S LJan 17, 2023
I don’t quite agree with not opening a bank just because it’s after NOID. I’m not a legal expert, but this is more common sense to me. Unlike insurance for example, you cannot have an injury and thinking to get an insurance so that you could get reimbursed for the medical charge. Relationship related evidence add up as it goes. Some people don’t think that they need to add their spouse to their car insurance once they get married, unless they both switched the insurance and decide to do so. Same as many other different things. If a couple don’t like to take pictures while dating, rather enjoy the time spending together, they won’t be able to go back time to take more pictures when asked for more evidence. The main post couldn’t open an account prior but it doesn’t mean they missed the only chance to proof, having effort to proof is more important than the date when. Plus many bring more evidence that they didn’t include while filing initially to their interview. If no one can bring evidence that are created or happened after the NOID date regarding insufficient evidence, how are they going to proof and get approved while the marriage is real? Separate forever or get the evidence and reapply and wait all over again? Isn’t NOID the time that you try to make effort and proof relationship is authentic?
I’m not trying to argue, and this is only my understanding but I might be wrong or if there’s anyone who is legal representative, please enlighten us.
az azJan 17, 2023
"a petitioner may not make material changes to a petition that has already been filed in an effort to make an apparently deficient petition conform to USCIS requirements. see Matter of Izumii, 22 I&N Dec. 169 (BIA 1998). I just gave you a golden advise. Do not start opening bank accounts at this stage and insurance at this stage. Just rely on affidavits and pictures, copies of letter received at the same address, anything with dates before that NOID date, if not you application will be denied.
Adnaan PatelJan 17, 2023
I have affidavits after that date. I did file affidavits with my original application however since I received the NOID I assumed it wasn't enough (they said so themselves in the letter) so I asked for affidavits from more people. There is however, with my response lots of evidence prior to the date the NOID was received
S LJan 17, 2023
What’s the context for this so called advice you quoted from? Does it apply to this case? I’m not saying who’s right or wrong, you gave a direct “instruction “ for people to NOT or to DO something, yet all cases are different. Your “advice” for example, most of the documents searched online indicating for work authorization or foreign investor. Couldn’t find the documents that included the phrase for a case for alien relative, though I wouldn’t say there’s none either. The evidence for such work authorization, of course would be more factual and not much could be changed and shouldn’t be after the submission. Even with marriage case, they’re not changing “facts”, they’re providing more evidences to help them make decisions. There are many references found that are too much to be put on here, from USCIS official websites or other legal help websites, I’m not posting here and won’t be arguing with you or respond to you. I think the main post should ask for legal advice instead of someone tell them what to do and indicating only doing so would work, otherwise end up being denied. All our posts are suppose to be experiences sharing and “suggestions”.
And I apologize to @Adnaan Patel, I meant to help with my comments here, and not to pick up a fight with others. Hope that’s not causing you problem.
I’d like to share this with @Adnaan Patel or whoever’s interested:
https://www.khurgel.com/ive-received-a-notice-of-intent-to-deny-my-immigration-petition-noid-from-uscis-now-what/
“ The purpose of the NOID is to share insight with the applicant into the decision-making rationale behind their petition, so as ultimately to dissuade applicants from pursuing appeals or further legal motions in respect of the application at hand.
The applicant is then invited to respond to the NOID by submitting a defense in response to the specific grounds for denial within a specified timeframe. Depending on the circumstances, for example, additional evidence may help to influence the outcome in favour of the applicant.” ~ https://www.nnuimmigration.com/noid/
S LJan 17, 2023
@ Adnaan Patel I read again your post and thought that the information I came across earlier might help with your question on the RFE and NOID, and NOID doesn’t mean end of your case with deny decision, it’s another chance to provide more evidence. Good luck!
Here’s the link:
https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-6
az azJan 17, 2023
@SL I just gave him the likely reason for his denial if he makes the mistake of responding to his NOID with any event that occured after the NOID was issued, this is just common sense. if you look at the the I-130 online filling account, it is clearly stated their about uploading unsolicited evidence. "You may upload additional evidence that you believe may assist USCIS in adjudicating your application, even if the evidence was not specifically requested. USCIS will consider the timeliness and relevance of unrequested evidence when making a decision about your case." @Adnaan Patel seek the advice of a lawyer and he/she will still give you the same advice.
