Notice Of Intent To Revoke I-130 or I-129F From USCIS
I remember when I received my initial approval for the I-129F petition, I was over-the-moon happy. Never would I have thought that the approval can be taken away but it does happen. When you receive a Notice of Intent to Revoke (NOIR), it basically means that your approved I-130 petition or I-129F petition approval may possibly be reversed.
Sometimes, everything seems to be going really well with your case and you get to the interview stage….
…then BAM! You’re told “your case is being sent back to USCIS“.
What the heck does this mean? Why would they send your case back now?
I’ve seen this scenario happen a few times and the petitioner rarely gets many details about why the case was sent back to USCIS. From what I’ve seen, it’s usually due to the consulate officer not believing your marriage is real.
But, if the case is being returned to USCIS it’s unlikely that you will be able to prove your case to the US consulate. There may be a chance that your case is sent to the National Visa Center instead and you’ll receive a letter explaining the next steps.
What Is A Notice Of Intent To Revoke?
The notice of intent to revoke is a letter that USCIS sends to the petitioner letting them know that the approved I-130 or I-129F petition is being revoked.
I’m sure you’re wondering “how they can revoke something that was already approved?”
Well, until you receive your visa in hand, an approved petition is just giving you permission to apply for a visa. It really doesn’t mean much when it comes to immigration benefits.
The evidence you submitted with the I-130 or I-129F petition was enough to confirm you have a relationship that is eligible to apply for a CR1 or K1 visa but that’s it. It doesn’t mean that you are eligible for the actual visa.
I know it’s really confusing but just think of the approved petition as permission to apply for the visa.
Below is a notice of intent to revoke case status on USCIS.gov website:
It may take a week or two to receive the actual letter in the mail. If your case status changes to notice of intent to revoke, it’s time to seek the help of an experienced immigration attorney.
You want to make sure you respond to a NOIR correctly the first time because that’s all you get. One chance to respond properly.
Joleen is a US citizen that has petitioned I-130 for her Iranian husband, Massoud. At the CR1 visa interview, the consulate officer didn’t approve Massoud’s CR1 visa because he didn’t believe their marriage was real.
The consulate officer let’s Massoud know that his case is being send back to USCIS and that his wife will receive a letter in the mail with instructions on what the next steps will be.
In the case above, the consulate officer doesn’t say exactly what caused his suspicions. He just mentions that the case is being sent back to USCIS.
My understanding of why this would happen is if the consulate officer believes that the original I-130 petition should never have been approved.
Notice Of Intent To Revoke Procedure
Step 1: The petition is returned for revocation by consular officer
After the consular officer submits their findings that the initial I-130 or I-129F petition was approved in error, USCIS will send you the NOIR letter.
The consular officer issues a Section 221(g) refusal to the beneficiary and returns the petition to USCIS, along with the reasons the consular officer believes the petition should not have been approved in the first place.
Nonimmigrant visa petitions (such as I-129F) will be returned to the Kentucky Service Center whereas immigrant visa petitions (such as I-130) will be returned to the National Visa Center (NVC).
Step 2: USCIS forwards petition to the original Service Center and updates your case status
The returned petition is sent to the Service Center where it was originally adjudicated and a USCIS officer is assigned with the task of re-adjudicating the petition with the new information received.
Your case status will be updated in the USCIS system and then the petitioner is notified by mail of the intent of notice to revoke. At this point, you should begin gather as much evidence to prove your case as possible.
Speak with an experience attorney about your options and make sure that they have successfully responded to a NOIR and what the outcomes were.
Step 3: After the re-adjudication, USCIS re-validates the petition, issues a NOIR, or issues a Notice of Automatic Revocation
After re-adjudicating the petition, the USCIS will do the following:
- Refuse to take any revocation action,
- Issue a NOIR
- Issue a Notice of Automatic Revocation
If USCIS re-validates your petition then the same visa application will be send back to the US consulate to schedule a second interview. I haven’t seen a NOIR being issued twice in the same case so you can rest assured that your visa will likely be approved.
Step 4: After you respond to the NOIR, USCIS makes an adjudication decision
After USCIS receives your response, they will decide to either re-validate the petition or revoke it.
If the USCIS revokes the petition, your original visa application is pretty much denied. If the USCIS re-validates your petition, the information is sent back to the consular officer who should then continue processing the original visa application. You will likely be required to attend a second interview but this isn’t always the case.
Responding To A Notice of Intent To Revoke (NOIR)
Once you receive the notice of intent to revoke letter, you have 30 days to respond. If you don’t respond within this time-frame, your petition will be revoked and you’ll need to reapply.
You must now show USCIS that your I-130 or I-129F petition should stay approved and why you believe the consular officer made a mistake.
There are two outcomes when you respond to an NOIR:
- You successfully prove that your I-130 or I-129F petition should remain approved. USCIS will send your case back to the US consulate to set up a second interview.
- Your I-130 or I-129F approved petition is revoked. You have the option to appeal this decision but it can take years to resolve. It may be better to just reapply for the I-130 or I-129F petition with more evidence.
- Suspicious of your relationship
- Insufficient income and possible motives on marrying
- Suspect children are not biologically related to you
- They may believe that prior marriages weren’t terminated
There could be a number of reasons why your case was recommended for revocation. It’s up to you to send in additional evidence to prove your case and show that the consular officer was wrong in his or her decision.
Notice Of Intent To Revoke Processing Timeline
The processing of your NOIR response will take time. USCIS will probably sit on your case for a few months before issuing their decision and I’ve seen it take about 3-4 months.
But, the amount of time it will take to make a decision on your case will depend on how much evidence you’ve submitted. I always recommend to respond to a notice of intent to revoke with as much evidence as possible to prove your case.
Once a decision is made, the petitioner will receive a letter notifying them that the case is being sent back to the US consulate abroad.
Final Thoughts On Notice Of Intent To Revoke
In a perfect world, you want your petition to be approved quickly and the interview to go really well. But, sometimes things don’t go so perfectly and you are sent a notice of intent to revoke.
Don’t panic! You will be given an opportunity to respond to the NOIR with additional evidence.
The most important thing you can do is respond to the NOIR quickly and with strong evidence. You only get one chance to prove your case and you don’t want to risk your I-130 and I-129F petition being revoked and starting over again.
If you can afford it, be sure to consulate an immigration attorney before responding to a notice of intent to revoke. Even if you can’t afford it, do what you can to research this notice and get a help with your case.
I hope that this post has shed some light about NOIR and how to respond to it.
Have you been sent a Notice of Intent to Revoke? Are you concerned about your approved I-130 or I-129F petition being revoked? Let me know in the comments below.
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