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Case Stories
⏳ EB-3 Marriage-Based NOID - Prior Marriage Bona Fides Challenge - PD N/A
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⏳ **Case Status: Pending**
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Applicant received a Notice of Intent to Deny (NOID) after an I-485 interview, with USCIS questioning the bona fides of a prior marriage from 2019 that ended in divorce in 2022. The current marriage filed in 2023 is not questioned. The applicant's attorney suggested refiling a new I-130 rather than responding to the NOID directly.
Applicant is a second-marriage petitioner whose first marriage (2019-2022) ended in divorce. A prior immigration application based on the first marriage was withdrawn after divorce. A new marriage-based application was filed in October 2025, with an I-485 interview conducted in March 2026. Three days post-interview, a NOID was issued solely challenging the bona fides of the prior marriage, despite extensive evidence submitted including joint bank statements, tax returns, utility bills, insurance documents, and a sworn declaration. USCIS did not raise concerns about the current marriage. The consulted attorney advised refiling the I-130 rather than directly responding to the NOID. The NOID response deadline is April 20, 2026.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1s3ra5w/noid_based_on_my_previous_marriage_lawyer_says/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
NOID cases involving prior marriage bona fides are particularly complex because USCIS can use a prior fraudulent marriage finding to permanently bar future immigration benefits under INA 204(c). Responding directly and thoroughly to the NOID is generally the stronger strategy — refiling a new I-130 does not reset or eliminate the underlying fraud concern, and USCIS will likely raise the same issue again. Applicants in similar situations should compile maximum corroborating evidence of the prior marriage's authenticity: cohabitation records, communication history, joint financial activity, and third-party witness affidavits. The tight deadline (roughly 3-4 weeks from posting) makes obtaining a second or third immigration attorney opinion critical before deciding on a response strategy. Cases with 204(c) fraud bar implications typically take significantly longer to resolve and have lower approval rates than standard marriage-based adjustments.