NOID, what chances do I have?

I

iksokene

Registered Users (C)
Hi, I am new here. we just received NOID stating their reasons. In summary, they they said that it is a sham marriage but it is not. My first hubby filled for me but we had problems and we got divorced and then came my current husband. He filled since 2004 and we went for interview in 2005, it went ok and they said they will get back to us, they never did until now. It was a NOID we received. We have a child together but they did not talk about it. After 3 years of marriage with him, we had problems and I moved out and since then we are both working on reconciling. During my absense from our house, ICE visited but only found our neighbour who just moved in and said my hubby isnt married and has no child.
After months, they sent him the notice saying,from all indications, it was a sham , since I did it the first time and so they cant grant his petition for me.
What should we do now?.
Are there any chances for me to get an approval if my husband responds to them that we are seperated but working on reconcilling and that we have a child together.
For him, he cares just for his son. He is so afraid that they will come after him in a lawsuit for fraud and wants to take care of it not for me. he doesnt care if I get deported especially not with his child.
For me, I am so afraid and I do not know where it leaves me. I have been tortured within these years in my marriage. My EAD is pending, can it be approved?. I have had bad luck in my relationships with men.
What options do I have?. I know he doesnt have money for an attorney because he said he doesnt need one because he entered the marriage in good faith and cannot be told that it was a sham.
What should I do?. If they deny it, is it going to be deportation for me right away?. Can I appeal? and what are my chance of gettinng an approval. How long does this last?.
I am just confused and worried so much. I have not been sleeping. Help anyone?
 
Take him and the little kid in front of the IJ. You will be approved....Take a DNA test. Slam dunk!
 
I have a question what was your status during the time of your first divorce till you got married with your second husband??? In other words, were you granted the conditional Green Card and EAD??
 
Your case was pending for 5 years after the interview? It's a pity you didn't file WOM in 2006 or 2007. If you did, you would have likely been approved soon after you filed WOM.

Fortunately, this is only an NOID, not a denial notice, so they're still giving you a chance to prevent a denial and you're not going to see a judge or get deported for now.

When responding to the NOID, submit a notarized affidavit signed by both of you saying that you have a child together (mention name and date of birth) and you were living together until XX/XX/XXXX.

Include a copy of the child's birth certificate, and the first few pages of the child's US passport if you obtained the passport. Also include copies of a few joint bills and other documents showing that you were still living at the same address in the months leading up to your separation date (joint lease or mortgage, joint bank account statements, health or life insurance policies, cellphone bills, etc.). And include a copy of the I-485 receipt and a copy of the NOID itself. Make sure you send it all via a delivery service that includes tracking, not by regular mail.

And you are correct that your husband needs to cooperate for his own sake, because he can be prosecuted for immigration fraud if they continue to think you have a sham marriage.

The good news is that once they receive your response, you should be approved within a couple months, assuming that they believe what you submitted and don't call you in for a second interview. If it's still pending after 3 months, contact the Ombudsman and your Senator and/or Congressman about it, and wait a couple of months. If that still didn't work, prepare to file WOM, and when you file WOM ask the court itself to decide the case instead of having USCIS decide it.
 
Thanks so much to those that responded. We are going to do just that and hoping it takes care of the situation.Is it ok to get another address. I do not like our old apt, it is not in a good neighbourhood. I wonder if they will see it as deceitful cos even though I left him, I did not change address.At a point I did not care about the GC but everything depends on it. It has been so frustrating. Will they visit again?. I am now so afraid even to walk on the street. Some one asked me on thread thread if I got a GC /EAD with my first. No I did not get GC but EAD before I left.
 
Don't try to pretend that you are still living with him. They won't believe it after looking inside the place, and their investigators will probably find evidence of you living elsewhere. If you want to actually move back in, you can do that, but don't pretend.

You need to acknowledge that you are currently living apart, but in the affidavit you would point out that you lived together for years after the interview and are still married and are working on reconciliation and that you have a child together whom you both have to raise.
 
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We have sent it in a letter explaining the situation. We also got letter from family friends. I hope it will take care of it. How long does it take to get a response back?. My EAD is expiring in 2 weeks, will it stop them from renewing my ead?. I have since reapplied but has not gotten a response yet. Thanks
 
I hope you included a copy of your child's birth certificate with the letter.

Expect them to reply in 4-8 weeks. But their response might be to leave your AOS pending rather than approve it. And they probably won't approve the EAD until they decide on your response to the NOID; however, you can have the EAD expedited if it's been pending for 90 days.
 
Yes ,we put in the birth certificate. We will just wait. I have been so worried, I cant drive if my EAD expires cos I use it to renew my DL. Thanks, I will be updating as anything comes up.
 
I just checked my EAD online and it said that the card has been ordered. I am so relieved now at least for now. I am praying that they read our response to NOID and approve us. I dont sleep well anymore.
 
congrats your process since to be in place again. what did you write on the letter? did you stated the facts exactly how they were? in other words what was your exact response to the NOID?
 
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