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I-601 Waivers: Request for Evidence and Notice of Intent to Deny Notices

If additional information is required in order to adjudicate a Form I-601, a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) may be issued to an applicant as a matter of discretion.  

An RFE may be issued to request missing initial or additional evidence from an applicant; the timeframe for response to an RFE cannot exceed 12 weeks.

A NOID may be issued based on evidence of ineligibility and it is mandatory when derogatory information is known to USCIS, but which may not be known to the applicant. The regulations provide an applicant with a maximum of 30 days to respond to a NOID.

An RFE or NOID is not necessary in every case prior to adjudication, and a USCIS  adjudicator may approve or deny an I-601 without first issuing a  RFE or NOID unless required pursuant to 8 CFR 103.2(b)(16).

If you’ve been denied a K-1 fiancee or K-3 spousal visa, contact an immigration attorney at 626-771-1078 or visit www.myfianceevisa.com for more information.


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