221 g- Recommended for Revocation

[Globe-trotter 3]

Hello. My wife had interview 1st week of April at Islamabad consulate. I attended the interview with her. Although it was my wife's interview, the CO started interviewing me. I am a Permanent Resident. we have two kids and I thought there should not be any problem. I was previously married to a US citizen. The marriage took place in Pakistan so the marriage certificate (Nikkah Nama) was issued by local authorities here. I processed divorce in Pakistan as well and that Divorce decree issued by the local union council was accepted by USCIS and NVC to approve petition for my wife. But CO said I should have obtained a divorce in US and that this divorce from Pakistan is null and void. I told her that USCIS itself has asked me during the review to obtain a divorce from Union Council but she would not listen and said the she is sending the case back to USCIS for revocation on the grounds that your previous marriage was never ended and that you can not petition for your second wife. That is absurd. The State Dept immigration website itself mentions that marraige/divorce issued by foreign governments is acceptable in US. Please guide? Can I talk to an attorney who can ask the consulate to review it again or it is now final that the CO will send it back to USCIS? I heard that it may take months for them to send it back to USCIS.

Thanks,

ashu

It looks like everything about this whole thing is fraud, though I am not saying that you committed fraud. If I am the Consular officer that interviewed you, not only will I revoke the petition but I will also ask the USCIS to revoke your green card as well. I see why sincere and geniue people suffer so much because of the malpractice other people have committed in the past on the same journey. I am sorry you are going through this.

[Leatherneck 693]

Married = 4.5 yrs

AP....... = 4.0 yrs

Total.... = 5 months. So within a 5 month time span after arriving in the U.S. you managed to secure a divorce - not in the U.S., but in all places Pakistan.

OP, this has got ROTTEN written all over it - and it smells really bad to us. So now imagine looking at your case through eyes of an experienced CO - it smells twice as bad.

Needless to say - you made some serious blunders. Your actions left the CO with no choice other than a denial. You may or may not have knowingly committed fraud - but fraud is fraud, knowingly or otherwise.

Edited April 9, 2012 by Leatherneck

[Chittagong 11]

The OP has left the building and he forgot to answer some simple questions. (BIG SIGN OF FRAUD_Can't handle the heat)

Maybe the Pakstan (family approved) wife could not answer those simple questions in her interview.

Maybe you can call your ex-wife (the American which took a toll on you to get here) and she can tell you how she was able to finally get you here and you can learn something from her?

I agreed what you said, but OP might not have intention to get divorce his first american wife. We can assumption but don't know real story.

[NY_BX 397]

I agreed what you said, but OP might not have intention to get divorce his first american wife. We can assumption but don't know real story.

I didn't think about this. Great point! He didn't file for divorce in the US to maintain a valid marriage with his USC wife. He may very well have been "married" to his current wife all this time and procreated 2 kids, while legally marrying his USC for immigration purposes.

Wow, my mind just traveled a million miles per nanosecond.

Edited April 9, 2012 by NY_BX

[Leatherneck 693]

OP, do your senator a favor and not waste his time, he/she can not reverse a decision made by a CO. You need good legal counsel. You might have very well caused your green card to be put under a microscope.

Edited April 9, 2012 by Leatherneck

[sulhaq 59]

If the two children he is talking about really are from his second (family approved) marriage, then, I wonder how he was planning on getting by explaining that to USCIS.....

[Stauber 1]

Fraukistan?

[Leatherneck 693]

I was wondering when did he have time to make not one, but two children with the second wife? Was this during the 4 years of AP or since the divorce from wife #1?

[sachinky 464]

If I were the CO, I would not only recommend the denial of your wife's visa, but recommend the revocation of your green-card.

[EAbbas 213]

It's pretty clear the intentions and the issues of the OP... if he's lucky he will only need a good immigration attorney to get his 2nd wife from pakistan to come to USA since he is a legal resident... if they decide to delve deeper he could be facing issues himself with the legality of obtaining his OWN green card since he married an USC to obtain it and could very well be facing some legal action himself if they wish to pursue how he got into the USA and if they find out it was under misrepresentation it could be all the evidence they need.

OP needs to lawyer up and pray that he's only facing how to get his current wife here and nothing more serious regarding his own status.

... OP seems very quiet ....

Edited April 10, 2012 by EAbbas

[Penguin_ie 5,986]

I was wondering when did he have time to make not one, but two children with the second wife? Was this during the 4 years of AP or since the divorce from wife #1?

Loking at his signature, and considering he is a greencard holder not citizen, he's been married to wife 2 for close on 4 years, thus two kids is a possibility.

[Leatherneck 693]

Loking at his signature, and considering he is a greencard holder not citizen, he's been married to wife 2 for close on 4 years, thus two kids is a possibility.

You're right, I overlooked the divorce took place in July of 2008. If he can get all of this done: 1. a green card; 2. secure a divorce back in Pakistan; and 3. then remarry, within 6 months of arriving here, then 2 kids in 4 years was a walk in the park.

[ashu 1]

Thanks- I am a bit surprised at the volume of responses and actually the reaction. I wish I could write all the facts here and sincerely wish you would give a little bit of benefit of doubt to other- If it was meant to be a fraud, I would have done it with perfection and with the help of an attorney. The reason I was quite since morning is that I was talking to friends and family, seeking guidance and did not have time to be on the forum. I found the guidance.

Thank you all and wish you all the best in your endeavors.

[NY_BX 397]

Thanks- I am a bit surprised at the volume of responses and actually the reaction. I wish I could write all the facts here and sincerely wish you would give a little bit of benefit of doubt to other- If it was meant to be a fraud, I would have done it with perfection and with the help of an attorney. The reason I was quite since morning is that I was talking to friends and family, seeking guidance and did not have time to be on the forum. I found the guidance.

Thank you all and wish you all the best in your endeavors.

Really? Are you surprised? You were denied, how come you're surprised? We just said out loud what the CO probably didn't tell you to your face. And, I must say, I am in disbelief that you even dare to say "If it was meant to be a fraud, I would have done it with perfection and with the help of an attorney..." Are you admitting you are capable of comitting a crime to "perfection" and utilizing a lawyer for help? With this statement, I now truly believe you did use a USC to come here.

[aaydrian 479]

The divorce was in July 2008 and I married immediately after because I did not have much time left.

Its not that I knew my current wife and talking to her while I was already married. The family is, like other families in rural areas are known to us for decades. The reason of remarrying immediately was so that I can settle down somewhere.

Don't try to pull a veil over our eyes or the consulate officer. Obviously the reason why you remarried so quickly was either:

1) You had no intentions to work it out with your USC wife even if you were physically and emotionally faithful to her but had plans to remarry someone new really soon.

2) You actually started a romantic relationship with your current wife during AP with your USC ex wife despite what you said and so was eager to remarry.

3) You and your now wife were already arranged to be married a long time ago but because of loooong AP, you were under pressure (either by your family, your wife's family or by your wife herself ) to marry your Pakistani lady ASAP or you wold loose your chance with her.

No matter the reason(s) the conclusion is the same, you entered your first marriage for a green card.

I wish I could write all the facts here and sincerely wish you would give a little bit of benefit of doubt to other. If it was meant to be a fraud, I would have done it with perfection and with the help of an attorney.

The fact that you're asking for the benefit of the doubt means our doubts about your story are true. Also the smug way in which you replied about pulling a perfect crime with the help of an attorney shows your attempt and failure at sarcasm.

Chances are your case will be revoked for failure to divorce and remarry aka polygamy. Hopefully, during this time they will review your case for what its trully for. If you are successful in being approved in less than 5 years for a visa then I know karma is going to bite your nuts off because no good deed goes unpunished.

Good luck USCIS on unearthing the past and true intentions of cases such as the OP's.

Edited April 10, 2012 by aaydrian