CR1 Petitioning

[SmilesAbroad 27]

Hi my question is can a USC have the entrance of their spouse permanently denied? I guess I mean can you always reapply to bring your spouse home if they finally deny for insufficient proof of bonafide relationship? Are USC's allowed to keep petitioning to have their spouse in US or is there a point where USCIS says no for good?

[canadian_wife 1,785]

Unless the beneficiary has something that makes him/her permenantly inadmissable, the USC may petition the government at any time as protected by the 1st ammendment.

That does not mean, however, the USC has the right to bring a spouse over - the USCIS, or the consulate may deny the petition at any time.

Good luck

[SmilesAbroad 27]

OK so what are grounds for permanent inadmissibility? just things like crimes, or fraud? Oh and what if they think it is fraud when it is not fraud. Do you have to wait longer to reapply?

[canadian_wife 1,785]

Fraud when it's not fraud? Well that's tough. Once a fraud or misrepresentation charge has been laid it is really difficult to get it overturned. You have to prove that you did not lie when they said you did, not as easy as it sounds - after the fraud charge is gone, then you can reapply

Do you have something that you are fearful of?

Good luck

[SmilesAbroad 27]

Well, technically because of our faith we cannot live together or see each other alone, but I know that without this a case seems weaker to them and more like a sham marriage. I read about the religious exemption to this visa but it seems nearly impossible to obtain. So I am afraid that our one week together, not touching would make the marriage seem a fraud to USCIS. I am confused too if we should take pictures on our next visit after marriage of me without the headscarf (as he is allowed to see me, but no other man) I don't want them to mistakenly think that since I wouldnt take off my scarf for pictures that it means he and I aren't really together. Also because of finances and difficulty in getting a visa from pakistan to where we want to marry, both my family and his family aren't going to be able to physically come to our wedding (we want to set up a skype call and video tape but thats it for our family). Maybe one or two of my parents could afford to come, but that is all. I am worried that our poorness is going to make everything seem fake to them

Edited January 30, 2012 by Kyda

[pushbrk 12,087]

USCIS will continue to cash checks sent in with petition, no matter how ineligible the foreigner might be. So, nothing stops you from petitioning 100 times if you want. Once there is a lifetime ban assessed, (usually for fraud) then further petitions are fruitless unless the finding can be overturned.

[SmilesAbroad 27]

USCIS will continue to cash checks sent in with petition, no matter how ineligible the foreigner might be. So, nothing stops you from petitioning 100 times if you want. Once there is a lifetime ban assessed, (usually for fraud) then further petitions are fruitless unless the finding can be overturned.

So I can petition and not know if they are going to reexamine the case? Or would you generally know they are not going to give it another look?

[catknit 144]

Why can't you also take pictures after the marriage? Could you schedule the nikah, etc to be closer to the beginning of the trip and make sure you have documented a lot after the actual marriage???

You are right to assume that a CO may think twice if you try to argue that a MARRIED couple couldn't touch, weren't allowed to be in private together, etc.

They will completely get that you two didn't meet without a chaperone if only filing for a fiance visa as that is completely customary for muslim engagements in Pakistan. But, if you file as spouses and you can't show somewhat personal/intimate [not sexual but not posed for formal family portraits as the ONLY photo] photos it could be a hard sell.

[SmilesAbroad 27]

Why can't you also take pictures after the marriage? Could you schedule the nikah, etc to be closer to the beginning of the trip and make sure you have documented a lot after the actual marriage???

You are right to assume that a CO may think twice if you try to argue that a MARRIED couple couldn't touch, weren't allowed to be in private together, etc.

They will completely get that you two didn't meet without a chaperone if only filing for a fiance visa as that is completely customary for muslim engagements in Pakistan. But, if you file as spouses and you can't show somewhat personal/intimate [not sexual but not posed for formal family portraits as the ONLY photo] photos it could be a hard sell.

Yes after the marriage we can take photos together in private, but since they will be viewing it I would want to wear my headscarf, but normally alone that would not be the case. Will they understand that or should I let some officers see me without the hijaab :\

[pushbrk 12,087]

Yes after the marriage we can take photos together in private, but since they will be viewing it I would want to wear my headscarf, but normally alone that would not be the case. Will they understand that or should I let some officers see me without the hijaab :\

The Hijaab is fine for photos together as long as they can see your face. I would use the passport photo requirements as your guide for any photo.

Do not wear a hat or head covering that obscures the hair or hairline, unless worn daily for a religious purpose. Your full face must be visible, and the head covering must not cast any shadows on your face.

[SmilesAbroad 27]

The Hijaab is fine for photos together as long as they can see your face. I would use the passport photo requirements as your guide for any photo.

Do not wear a hat or head covering that obscures the hair or hairline, unless worn daily for a religious purpose. Your full face must be visible, and the head covering must not cast any shadows on your face.

My passport is with me without my hijaab before I converted to Islam and I don't think the picture can just be changed readily. Also I usually wear my hijaab covering to my eyebrows, is that a problem?

[barath20 1]

My passport is with me without my hijaab before I converted to Islam and I don't think the picture can just be changed readily. Also I usually wear my hijaab covering to my eyebrows, is that a problem?

Hi Kyda,

There is no reason to afraid of your situation, you are perfectly fine, because you did

Nikah according to your faith(Muslim). USCIS also know that. The best thing you can do to

make this process more true that you can make a trip to Pakistan and then make lot of

pictures with your husband, you don't need to take off your scarf or Hijaab, just make sure

your full face is showing up. Take pictures with both of your husband and your family.

You can also explain in a paper how your marriage took place to the USCIS so that they

understand the situation.

[catknit 144]

You do not need to change your passport id photo....pushbrk was reiterating the rules for a passport photo.

Down the road, after you marry, if you change your name and get a new passport you will be able to have that photo in hijab.

The photos used in your petition and at the interview must easily identify you and your spouse. If you wear a niqab or have photos at strange angles where it would be very hard to identify you - that will make your case harder to pass through...

I'd do a lot of research to make sure you don't have any red flags with respect to your relationships. Did you convert prior to meeting you fiance? In some consulates changing/adopting religions can be regarded as a reason to look harder into the relationship.

Also, Pakistan has a history of looooooooong AP periods. Search this site to see about this. You may have a long wait after interviewing....

[pushbrk 12,087]

My passport is with me without my hijaab before I converted to Islam and I don't think the picture can just be changed readily. Also I usually wear my hijaab covering to my eyebrows, is that a problem?

I wasn't referring to the photo on your actual passport. You will need to submit a CURRENT passport style photo of yourself along with any petition for spouse of fiance. The standards I quoted are a requirement. I would use those standards for any other photos of the two of you together after marriage as well, so it is clear who is being photographed. For those photos, yes, covering to the eyebrows is a problem.

Edited January 30, 2012 by pushbrk

[SmilesAbroad 27]

I wasn't referring to the photo on your actual passport. You will need to submit a CURRENT passport style photo of yourself along with any petition for spouse of fiance. The standards I quoted are a requirement. I would use those standards for any other photos of the two of you together after marriage as well, so it is clear who is being photographed. For those photos, yes, covering to the eyebrows is a problem.

Oh no hijaab showing forehead looks really bad on me, but of course if we need to then there is no choice.

And about the religious issue, I dated two muslims online before I knew my future husband, I was getting interested in Islam but I had not converted. When I talked to my fiance after I stopped dating the other guy, we talked about religion more often. He had told me that he really liked me and I said no to his interest a few times because I was sick of talking online to people, but we kept talking and I really grew to see what kind of person he is and I talked with his family and started to change my mind about a future with him. We had talked about religion a lot during all this time (I was non religious but curious because I had gotten a really good impressions of the muslims I knew and I always wanted someeeee religion to have faith in). After talking to him and many other muslims I decided that I agree with the basic beliefs of Islam and that this was the religion I want be a part of. I said my shahada and he and I talked about prospects of a long distance relationship between me and him. I prayed and prayed (what I should do with my life), and he prayed (for me to accept him ). Long story short I converted in connection to knowing him and several other muslims online. I would never have taken the time to study Islam and come to know about it if it weren't for these people who liked to discuss religions and I loveeeeeeeeeeeee my decision to be a muslim. I have never been happier in my life, but it was so close to the time that my fiance and I moved from friendship to a formal courting period, but that was all a year ago. Why does that matter so much to USCIS, just curious why that would be looked at suspiciously. ? Would they think he forced me or that I am losing my mind? I don't know please tell me what you are thinking.