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I have received notice of intent to deny
should i just appeal this with our lawyer or should i refil the petition of I-485
Anonymous3 views4 answers
on the letter it says " you have not established that the marriage was entered in good faith and not for the purpose of procuring the alien's entry as an immigrant
there was a list of 7 questions asked that was inconsistent between me and my wife
i have 30 days to submit additional information or evidence or arguments to be considered in support of the petition
It appears that you have a lawyer ... stick with him/her ... resolve the issues with the NOID ... a new I-485 will not make the issues/questions go away.
I agree with my colleagues. These issues will not disappear if you re-file an I-130 petition and I-485 application. The fact that you were served with a NOID is not something to be taken lightly. You need to appeal immediately.
Who prepared the petition and application? An experienced immigration attorney or a notorio? He/She should have prepared you both for the interview. Evidence should have submitted that your marriage was entered into in good faith.
If you feel that your representative prepared both you and your spouse, submitted evidence of a bonafide, good-faith marriage on your behalf, and advocated on your behalf - stick with him/her. Otherwise, you may want to consider seeking the opinion of another immigration attorney.
You must submit additional evidence or the petition will be denied. You may or may not be referred to immigration court for removal proceedings. This depends on the proofs they feel they have of fraud and your personal details. If you have a lawyer, hopefully s/he is dealing with issue promptly and seriously. In this situation I always want to know what evidence was submitted ahead of the interview. I recommend speaking to your lawyer immediately and probably another lawyer immediately thereafter. If your "lawyer" is not a lawyer, an is a representative, notario or some other scam artist, find a real lawyer.
