Withdrawal of K1

[Mohsin786 23]

Dear friends of VJ,as many as you may know that my fiance Mohsin had received a email saying that they are in the process of sending our case back to usics and recommending revocation,now I am not giving up on that until the case is back in the usa, but as soon as the case gets here I am planning to withdraw the case and go to Pakistan to get married to my fiance.I am asking your advise because I am thinking to hire a lawyer to take my CR1 case,being that we had the problems with the K1, I don't want to really take any chances this time,now I know this lawyer for about 18 years now, and I know he is very good at what he does.I know some of the cases he did in the past, he also did my case in 1992, and then a family member of mine was denied her green card here in the usa, but he got her green card for her, now I know he may not be able to help with the AP, but he can get answers, so your advise is appreciated here.

[Penguin_ie 5,986]

What would you like advice on, whether to hire a lawyer or not? It would depend on why your case was denied.

[Mohsin786 23]

Penguin my K1 wasn't denied, they are sending it back to uscis for revocation , we are still fighting to keep it at the embassy, since they haven't send it back as yet, but i need advise if i should withdraw once it back rather than waiting 120 days just for usics to review and then file cr1 and yes i am also planning to hire a lawyer to take over the CR1.

[canadian_wife 1,791]

I read in other posts that you've made that you storngly state that a revocation is different than a denial, which it is. A revocation is when (I believe) the consulate beleives the petition should not have been approved in the first place...now you haven't answered the question of why does the consulate believe the petition shouldn't have been approved? Until you answer this question, any further advice on how to move forward is moot

Good luck

[Mohsin786 23]

Hi Canadian, right now that's what we r trying to know as to why they want to revoke the case, i am working with a lawyer plus my congressman and the senator to get that answer, I called NVC, DOS AND EVEN USCIS, no one have any info for us, so as soon as i know anything i will post it,and the only reason y i keep saying that we are not denied is because that's what I was told, I had the guy at DOS explaining to me the difference.

[canadian_wife 1,791]

Well, until you know why revocation was recommended then you should not move forward with a K-1 refile or a Cr-1, until you know why revocation is reccomended, and thus has fixed that problem (marrying does not erase their findings or decision) then moving forward is not a good idea as you may encounter the exact same problem

Good luck

[Mohsin786 23]

Ty Canadian,but we r trying to know the reason for their decision, i have the senator and the congressman working on that.I will update as soon as i know the reason

[catknit 144]

If you've had success with one attorney and they know the in and outs of your background, why would you look for someone new?

If you are asking if you must have an attorney to go forward, it would depend on the specifics of your case. You mentioned having this existing attorney - did you become a USC through a marriage prior to this relationship? That could have contributed to the embassy returning your case to USCIS. A long standing practice that is seen as using relationship visas fraudulently is to marry to become a USC, divorce, return home to bring your "real" spouse. I am NOT saying you are trying to do this, but this is something COs are on the look out for. If you were a student here, did your OPT, got a job, H1B, green card, waited out the 5 years and then became a citizen - a relationship visa would be looked at completely differently than scenario #1. If you came on a derivative visa [child of a married sibling, etc] - again, a relationship visa would be looked at differently. So, the attorney involved needs to have a clear picture of your background.

If you don't feel comfortable compiling a new case that will help refute the reason of the possible revocation, then, by all means use an attorney. If you feel like you can handle that - I personally know of at least one couple who went through Delhi getting a visa through the CR1 route after a denial/expiration of the K1 [they did not get a NOID/NOIR as CSC opted to expire out the case instead] - then start compiling evidence again heavily showcasing evidence that refutes the COs reason to send the case back to the service center.

Please keep in mind you may never get a NOID/NOIR. You may just get a letter stating the case was expired out.

[Mohsin786 23]

Ok Catknit here are some facts about me, so this way you will understand, first of all yes I was married before and became a usc through my marriage, but that was 15 years ago,and i do have 2 kids from that marriage which is my only marriage,and another thing that wasn't a business marriage, i have been separated from my ex husband for more than 3 yrs before i even filed for divorce, and then i met my fiance, who isn't even from the same country as me, I am a Guyanese by birth, while my fiance is a Pakistani, so none of this is fraud of any sort, I love my fiance and want a life with him, I went to Pakistan twice, where we had a big engagement ceremony, then we both meet up at three other countries,we do all this because we want to be with each other, while i appreciate everyone advise, I am going crazy here trying to figure out all this and trying to find a way for us to be together I have no problem moving to Pakistan with him, but I have a 10 yrs old daughter here, she is doing very good in school, and as she is a girl she needs her mother, so my situation is very fragile, so I hope by this u will understand a little more abt me.

[catknit 144]

This is exactly the type of information that will help the people of vj give you the advice you need!

Thanks for sharing - I know you probably didn't want to get into the nitty-gritty of your past but it is important!

This is my personal opinion of what may happen in some South Asian consulates - the COs are trained what a "typical" marriage would look like, same age or younger woman of similar class or background, similar education [or the man could be better educated, very rarely the woman would be better educated], no former marriages [unless the man was previously married and even then the preference would be a "new" virgin bride]. It is well known that there is a form of racist/shade-ism seen in South Asia too. For some families having a "wheatish" spouse or a "fair" spouse is seen as a premium - given the choice, a family may say no to a darker potential spouse. Sadly, this is true for some families. If you and your fiance have a large gap in complexion - this may be an issue to the CO because it doesn't fit the norm. [i know to a lot of people that would sound crazy, backward, racist, etc - however before flaming me about it, please do some research on marriages in South Asia - specifically Pakistan, Bangladesh, and India - for some families this is very important and the COs will be trained to notice it].

Now, looking at your case - you have an even higher hoop to jump through given your background [getting USC through a relationship], being divorced with kids...

Again, it isn't that you have an illegitimate relationship. For the record, I completely believe you as I can hear the pain in your posts. It's about what is in your case that is setting off red flags to the consulate.

Quick side note - I know what you are going through - we were somewhat accused of fraud. We went on AP, sent additional relationship proof, got put BACK of AP with a 221g asking for my work history from the age of 16 and a list of my now-husband's relatives that lived in the US including a list of everywhere they have lived and worked. The CO was trying [unsuccessfully] to prove that we had a "business" relationship and that I had been propositioned by a family member to bring him over. The problem with this CO's theory was simple, he had NO family in the US. But, as requested, I sent a 7 page list of ALL my employment from 16 to present day. He was denied the visa anyway and the case was sent back to USCIS. I was beyond mad at the veiled accusation. [i fully admit that this is my version of what the CO was trying to prove - but, seriously, what else COULD it have been].

Now back to your case - have you taken your kids over? Have other members of your family been involved in this relationship, celebrations? If it looks like just you are involved in this relationship it wouldn't be a huge leap for a CO to think maybe this is a business relationship [again, the CO, not me!].

You really need to look at the proof that you have from a outside perspective. It's all about how someone with knowledge of the local traditions would see your relationship based on the proof you submit.

[Mohsin786 23]

Hi Cat, I totally understand what you are saying, but on that note i should let you know that there isn't much difference between Indians and Pakistanis, I was born in Guyana but my great grand parents came from India,and as for complexion there isn't much difference between Mohsin and I either, but yes there is a age difference between us, for I am older than Mohsin.As for my relatives, no one ever went to Pakistan to see Mohsin, not even my kids, but he talks to everyone on phone and also on skype, and since my parents both passed away, my eldest sister is like my mother, and she give a notarized letter stating that she accepts Mohsin,we also had notarized letter from Mohsin parents.In any case I am planning to withdraw the K1 case,and file CR1 after we get married, and given the nature of our case I am planning to have an attorney,I do have the senator and the congressman working on getting an answer as to why they want to return our case to the US,so hopefully we will be able to correct what ever it is that went wrong with the K1, If i am asking help from VJ members I wouldn't hide anything from them, so I don't mind telling my story, however painful it is.