Marriage-based green card applications are often subject to intense scrutiny by immigration authorities. In an effort to deter individuals from using fraudulent marriages to obtain immigration benefits, the United States Citizenship and Immigration Services (USCIS) conducts thorough interviews and may request additional information. To be approved for permanent residency, applicants must provide a strong amount of evidence showing the authenticity of their marriage and their eligibility for the green card.
Questions about Notice of Intent To Deny
What is a Notice of Intent to Deny (NOID)?
If you or your spouse have received a NOID, it is important to note that this is not a formal denial. A NOID is a letter that explains why you have not yet been deemed eligible for the benefit you requested. However, the letter allows you the opportunity to submit any additional or corrective information that could help your case. It is important to act quickly, as you typically have only 30 days to respond before your application is officially denied by the United States Citizenship and Immigration Services (USCIS).
What is the difference between a NOID and a Request for Evidence (RFE)?
An RFE is a notice from USCIS indicating that you have not submitted all of the required documentation for your application. Without a complete application, USCIS is unable to make a decision on your case.
On the other hand, a NOID is issued when your application does not persuade USCIS of your eligibility or the validity of your marriage, even if you have submitted all necessary documentation. Any evidence you submit after receiving a NOID is supplementary.
What could trigger a NOID?
USCIS may send a NOID for a variety of reasons, and the letter will outline each specific reason. Your response should address every point listed in the NOID. Even if you are waiting for certain evidence (such as documents arriving in the mail), you can explain what evidence you plan to submit to USCIS once you have it.
What to Do When Receiving a Notice of Intent to Deny (NOID)
If you have filed an I-130 petition on behalf of your foreign-born spouse, you will be responsible for responding to the Notice of Intent to Deny (NOID). However, if you applied concurrently for both the I-130 and the I-485, you and your spouse will respond together.
It may be necessary to submit one or more of the following types of evidence in order to persuade an immigration officer to approve your application: shared insurance policies or financing, family gym memberships, texts or photos that demonstrate the nature of your relationship, a letter from your doctor outlining your plans for fertility treatment, affidavits from community leaders, religious authorities, or employers, or written rebuttals to address mistakes made by the officer, misunderstandings due to language barriers during the interview, or negative evidence discovered during the investigation. It is important to remember that the process of obtaining a marriage-based green card can be stressful and overwhelming, but try to stay positive and keep an open line of communication with your spouse as you navigate this process together.
