intent to deny

[chibisyndrome]

a few years ago, I got married to my USC husband, apply for AOS, after our first interview-separated, we got into problems and he withdraw the case. The case was denied due to withdrawal.
I was still in school so I was not out of status.
Now I got married to another USC, and he also filed for my AOS, we got our interview last July/2014, and the IO claimed that my last marriage was a sham because we got some mismatch in my answer with my previous husband, and she sent a NOIDs.
We got a lawyer and all, are going to file appeal.
But I just want to see if anyone has similar situation and how things went.

[rayb]

A "Notice of Intent to Deny" is not a denial, but is a strong "Request or Evidence." You can't appeal a "Notice of Intent," because there hasn't been a denial ...unless you did not respond to the Notice.

So why did you hook up with a lawyer? Was it to respond to the "Notice of Intent to Deny?" If so, and if the expiration time allowed for a response is not expired, there won't be a fee involved, so using a lawyer might be premature (and unnecessarily expensive). If you have strong evidence to counter the request and claim of the reviewer, you might be okay. But if you don't know how to refute the reviewer's claim and/or a hearing will be scheduled, then you probably do need legal assistance.

-Ray B

a few years ago, I got married to my USC husband, apply for AOS, after our first interview-separated, we got into problems and he withdraw the case. The case was denied due to withdrawal.
I was still in school so I was not out of status.
Now I got married to another USC, and he also filed for my AOS, we got our interview last July/2014, and the IO claimed that my last marriage was a sham because we got some mismatch in my answer with my previous husband, and she sent a NOIDs.
We got a lawyer and all, are going to file appeal.
But I just want to see if anyone has similar situation and how things went.

[chibisyndrome]

A "Notice of Intent to Deny" is not a denial, but is a strong "Request or Evidence." You can't appeal a "Notice of Intent," because there hasn't been a denial ...unless you did not respond to the Notice.

So why did you hook up with a lawyer? Was it to respond to the "Notice of Intent to Deny?" If so, and if the expiration time allowed for a response is not expired, there won't be a fee involved, so using a lawyer might be premature (and unnecessarily expensive). If you have strong evidence to counter the request and claim of the reviewer, you might be okay. But if you don't know how to refute the reviewer's claim and/or a hearing will be scheduled, then you probably do need legal assistance.

-Ray B

Ah, sorry I'm not really familiar with the term, like you said, it's just a respond to the NOIDs, I wanted a lawyer because I don't want to mess up my application and I wasn't really sure which is the best way to approach it. We have enough time to file a response, so just want to hear from others and see what's the chances are that my case will be denied.

[rayb]

You aren't giving us enough information for anyone to suggest chances that your application will be denied. It really depends on the reviewer's specific reasons for asking for more evidence, what evidence you can provide, and whether you respond during the time allowed.

From what I have seen of such "intent to deny" evidence requests, it's mainly a matter of addressing each point made in the USCIS correspondence to you by providing specific documents to counter each point or evidence as requested.

Strange as it may seem, many reviewers send standard additional evidence requests for already-well-documented packages to see what you can come up with. If you don't respond at all (and many do not), your're denied. If you explain why certain things aren't available, but provide other similar evidence, that often solves the problem.

But $1,000 - $1,500 is about average to have an immigration attorney do your response. If you can give the attorney the type of evidence requested, your attorney fee paid off. On the other hand, if you are requested to come to a second interview, expect to pay an average of $800 additional for the attorney to
"hold your hand" during the interview.

--Ray B

Ah, sorry I'm not really familiar with the term, like you said, it's just a respond to the NOIDs, I wanted a lawyer because I don't want to mess up my application and I wasn't really sure which is the best way to approach it. We have enough time to file a response, so just want to hear from others and see what's the chances are that my case will be denied.