Why did my fiances case got sent back to USCIS after his interview in Kabul?

[Desertrose9 7]

Unfortunately We dont have the fiananial means to have a good or big size wedding we have no choice but to do a traditional or small ceremony with a lot of his family memebers.. 

[Ebunoluwa 6,136]

1 hour ago, Desertrose9 said:

Thats true but in kabul theres no lease, like in the US , he lives in a small mud house which belongs to his aunt and i believe they pay rent.. he wouldnt know how to get an affidavit from his parents how do you think he should do it?

In those cases the aunt and /or parents writes a letter in their own words, stating that he (and you while you are there from XX date - XX date)

are living in that home free of charge and pay no rent and that it is not a lease contract.
While they are stating that they can also attest that they know you and approve of the relationship/marriage.
This can be a short couple paragraphs or a page or so with more details reflecting the situation.
That way not only do you have this affidavit (this letter) as proof of living together but also that they approve of your relationship.
That would be part of good evidence.

Let them do it in their own words, do not write it for them. They sign and date it and add address and if it's not in English then translate it.
You can translate it yourself but sign and date it and note that you are (or whoever) is able to translate it (instructions for translation
is on the USCIS web site.) No official certified translator is needed.

[Ebunoluwa 6,136]

1 hour ago, Desertrose9 said:

Unfortunately We dont have the fiananial means to have a good or big size wedding we have no choice but to do a traditional or small ceremony with a lot of his family memebers.. 

Make sure the parents contribute if they otherwise would have contributed had he married someone there, sometimes everyone looks to

the USC to carry the whole expense because they think our money grows on trees.

[Desertrose9 7]

12 hours ago, Ebunoluwa said:

Make sure the parents contribute if they otherwise would have contributed had he married someone there, sometimes everyone looks to

the USC to carry the whole expense because they think our money grows on trees.

Yes so true! Gosh anyway, im contemplating whether to get a lawyer or not again, i really dont have the financial means but i also want to make sure all the paperwork is done correctly etc,i know you said before I dont. Need  a lawyer, but if im gonna be filing from kabul i dont want to miss something or i dont know how is the process is it that difficult 

[Amhara 460]

4 minutes ago, Desertrose9 said:

Yes so true! Gosh anyway, im contemplating whether to get a lawyer or not again, i really dont have the financial means but i also want to make sure all the paperwork is done correctly etc,i know you said before I dont. Need  a lawyer, but if im gonna be filing from kabul i dont want to miss something or i dont know how is the process is it that difficult 

It's difficult to file from Kabul.  Your petition must have an original signature on the I-130 and it then must be sent to USCIS.  Sending anything out of Kabul is really expensive, so plan for that - you may be able to find a DHS or FedEx service that ships internationally.

[Desertrose9 7]

2 hours ago, Amhara said:

It's difficult to file from Kabul.  Your petition must have an original signature on the I-130 and it then must be sent to USCIS.  Sending anything out of Kabul is really expensive, so plan for that - you may be able to find a DHS or FedEx service that ships internationally.

Do you think its really worth to spend all that money on a lawyer with the last lawyer my case go denied but i was thinking if i hire a lawyer this way i sign the 1-130 leave it in his office then give him the go when im in  kabul  or i can get my friend i that i trust hes helped people with marrriage petitions before 

[Ebunoluwa 6,136]

1 hour ago, Desertrose9 said:

Do you think its really worth to spend all that money on a lawyer with the last lawyer my case go denied but i was thinking if i hire a lawyer this way i sign the 1-130 leave it in his office then give him the go when im in  kabul  or i can get my friend i that i trust hes helped people with marrriage petitions before 

Study this guide >>>> http://www.visajourney.com/content/i130guide1

 

 

You really don't need to pay a lawyer to put a stamp on it and mail it off several thousand dollars, you can get help here
anytime you get stuck with a question. It does require some hours of research and an understanding of the process from start to end.
You still have to gather all the info and data needed, your lawyer will not do that and only fill out the forms.
I read many times where lawyers have messed up the petition and made everything worse with delays and
losing RFE's etc. and people had to start again on their own.

I would go there and marry, get all signatures needed and come back and assemble a good quality package with evidence
taking my time and send it off from here, then visit again during the wait and be present on the premises during the interview.
I am not familiar with sending anything from Kabul to the states and the risks so I let your regional members advise you on that part.
As I said it would be good evidence to live there for some months and include such evidence before mailing the petition off and then again
submit the evidence before the interview.

 

[Amhara 460]

Yeah, if you have someone in the States send off your petition for you, I really don't see how you would include the evidence.  If you are using an Afgan nikah, you may need to get it notarized by the US embassy to use it outside of Kabul, so you would need to send a copy of that at least.  You would need to post date your signature.

 

I think your intention is to get the petition approved while you are still there waiting for him so that you do not need to come back to the States and you could both come back together.  If you do that, you may be in for a long haul.  The I-130 could take 7+ months to get approved, then another 4-7 weeks for the petition to get sent to Kabul, then another month or so to get an interview and an untold amount of time in AP.

 

If your intention is not to wait in AFG while you are waiting for your petition to get approved, then I do not see the need to file the petition while you are still in AFG.  Especially if you will only stay a month - you are only saving a month of time and that could also be a red flag, which may have been the problem with the first petition of filing very, very soon in the relationship.

[Desertrose9 7]

On 8/21/2017 at 3:35 PM, Amhara said:

Yeah, if you have someone in the States send off your petition for you, I really don't see how you would include the evidence.  If you are using an Afgan nikah, you may need to get it notarized by the US embassy to use it outside of Kabul, so you would need to send a copy of that at least.  You would need to post date your signature.

 

I think your intention is to get the petition approved while you are still there waiting for him so that you do not need to come back to the States and you could both come back together.  If you do that, you may be in for a long haul.  The I-130 could take 7+ months to get approved, then another 4-7 weeks for the petition to get sent to Kabul, then another month or so to get an interview and an untold amount of time in AP.

 

If your intention is not to wait in AFG while you are waiting for your petition to get approved, then I do not see the need to file the petition while you are still in AFG.  Especially if you will only stay a month - you are only saving a month of time and that could also be a red flag, which may have been the problem with the first petition of filing very, very soon in the relationship.

Yah i hear you thats true i was thibking to stay longer than a month.. anyhow in short notice i think out plans ate going to change he decided to live in India, because of job opportunity and his life is in danger in Kabul he had several threats recently so wer planning to get married from india.. what do u guys think?

[Desertrose9 7]

On 8/21/2017 at 3:21 PM, Ebunoluwa said:

Study this guide >>>> http://www.visajourney.com/content/i130guide1

 

 

You really don't need to pay a lawyer to put a stamp on it and mail it off several thousand dollars, you can get help here
anytime you get stuck with a question. It does require some hours of research and an understanding of the process from start to end.
You still have to gather all the info and data needed, your lawyer will not do that and only fill out the forms.
I read many times where lawyers have messed up the petition and made everything worse with delays and
losing RFE's etc. and people had to start again on their own.

I would go there and marry, get all signatures needed and come back and assemble a good quality package with evidence
taking my time and send it off from here, then visit again during the wait and be present on the premises during the interview.
I am not familiar with sending anything from Kabul to the states and the risks so I let your regional members advise you on that part.
As I said it would be good evidence to live there for some months and include such evidence before mailing the petition off and then again
submit the evidence before the interview.

 

Yes thanks appreciate that, we have some recent and sudden change of plans my fiance wants to leave kabul hes had recent threats and his life is in danger.. he wants to move to india, i believe its gonna be easier as well to get marrried there since india is not a MENA country etc. ill do that live with him a few months gather all eveidence come back and file then when its his interview ill go back.. what do u think? Will he run into problems for example of the co keeps interrogating why he left kabul, and stuff? Making it difficult also the best evidence is if i get preganant (this time) before i leave back to the states 

 

[RJandHamid 1,128]

39 minutes ago, Desertrose9 said:

also the best evidence is if i get preganant (this time) before i leave back to the states 

Having a baby isn't really considered proof of genuine relationship, it just means you slept together. If his life is in danger as you say and he is able to move to India (not sure what kind of visa he would need for that), he can do so but I don't know if it would help or hurt your case. Even if he does his interview in India, the CO will still know that he is from Afghanistan and take that into consideration when making a decision. They may question why he moved to India, and he would have to give an honest answer. Fearing for his safety seems like it would be a valid reason. Your best move is to live with him for a while (either in Kabul or India), get married and gather evidence such as joint bank accounts, renting an apartment together, photos with friends and family, ect. Spend more time together in person together and file a for CR1 spousal visa. 

[Lemonslice 4,546]

1 hour ago, Desertrose9 said:

Yes thanks appreciate that, we have some recent and sudden change of plans my fiance wants to leave kabul hes had recent threats and his life is in danger.. he wants to move to india, i believe its gonna be easier as well to get marrried there since india is not a MENA country etc. ill do that live with him a few months gather all eveidence come back and file then when its his interview ill go back.. what do u think? Will he run into problems for example of the co keeps interrogating why he left kabul, and stuff? Making it difficult also the best evidence is if i get preganant (this time) before i leave back to the states 

 

Please realize that pregnancy will not expedite or guarantee a visa for your fiancé. Be ready to be a single parent for a while.

[C-ma'am 684]

**Post moved from K1 Process to Progress Reports

[Ebunoluwa 6,136]

4 hours ago, Desertrose9 said:

Yes thanks appreciate that, we have some recent and sudden change of plans my fiance wants to leave kabul hes had recent threats and his life is in danger.. he wants to move to india, i believe its gonna be easier as well to get marrried there since india is not a MENA country etc. ill do that live with him a few months gather all eveidence come back and file then when its his interview ill go back.. what do u think? Will he run into problems for example of the co keeps interrogating why he left kabul, and stuff? Making it difficult also the best evidence is if i get preganant (this time) before i leave back to the states 

 

It would definitely help if his family  could attend the wedding in India. Write an attachment of the reason why he moved to India
to have the wedding in your relationship timeline letter.
It is not considered evidence for a relationship/marriage to have a child together. I advice against it for 2 reasons:
First and foremost, he as the father will miss a lot of baby's "firsts", supporting his pregnant wife, being there for the birth etc.
It can take much longer because even if he is not in a MENA country he can still be put in long AP time for security checks
and background checks because he is from Pakistan.
Many couples who get pregnant have a 2 year old child that Mom raised alone and being totally overwhelmed because Dad couldn't join yet
and is still stuck in the process.
Another reason is they could request DNA testing which costs (about $800 and added months delays) to make sure the child is his.
Third reason, the adjustment upheaval for him to move here will be hard enough without throwing a child in the mix in my opinion.
I would settle as a couple here when the time comes, let him become stable with a job and income, adjusted, growing your 
relationship together, then plan for a child. All this is very, very stressful and you won't realize this until you are at each phase.
That is a very personal decision though and it is just what I would do, not everyone would agree.
Other than that, yes, wedding in India with his family in attendance would be fine. It will not speed up the process neither
hold it up in itself and if you are both safer there then that is a good reason.

 

[Boiler 43,381]

Begs the question how would he immigrate to India.