Wife denied Visa - non-petitionable relationship ****PLEASE HELP****

[Apple786 5]

Hello,

My wife has been denied visa back in Islamabad, Pakistan under section 212 a5 Non-Petitionable Relationship. She was asked general questions and wasn't even given a chance to show her photo or video albums. We called the embassy in Pakistan and a pakistani guy who pulled up her file said please send email with on going relationship. So i asked what does that mean and he said phone logs/skype, emails etc... I asked to speak to an american immigration officer but was told by him that he can help.

We got married in Pakistan on April 21, 2011. Filed paper work shortly after and after the entire process she was interviewed on August 15, 2012.

I have the following to prove on going relationship which I will be sending in an email.

[*]Marriage Certificate

[*]100’s of pictures showing all receptions and ceremonies (both engagement and wedding)

[*]Videos of our reception / ceremonies

[*]Tax Return with her name filed on my return for 2011

[*]Financial transactions (sending money to her for past year)

[*]Affadivits of Support attesting to mine and Narmeen’s relationship as husband and wife from my brothers, parents, friends who've seen me talk to her, cousins who've chatted with her on skype, etc..

[*]Call logs showing daily calls being made with about an hour a day spent talking on phone

[*]Affadivits from US Citizens from various states who visited my wife and exchanged gifts and blessings

[*]SMS Logs

[*]Emails Logs

[*]Skype Logs

**NOTE** all logs have date/stamp and go back all the way to the month after the wedding till now. April till today...

Question is - should I contact a senator/congressman? I contacted a lawyer from NYU with 30 years experience and he said I should just file a new petition. I figured he is suggesting that because thats where he makes his money and charges over $4000. The problem is when I called the embassy the man kept repeating to send email, send email, send email with on going relationship evidence and a superior counselor will review it again. I feel we have a small window of opportunity to send this information in.. if things fail then we can go with a new petition. We also had booked a hall for a ceremony in Pakistan on September 23rd in which me and my entire family is going from USA to Pakistan and planned on bringing her back with us thinking she would pass the interview. My older brother also married from Pakistan 6 years ago and his wife went through the interview process without a glitch. I know my wife more then he did cause he didn't even call much.

My wife was given all of the paper work back that we had ever sent or given to them after the interview.

Do we have a chance? Any suggestions? Tips? Please help guys.

Edited August 19, 2012 by Apple786

[Gift Of Love 10]

sorry to hear that, i think your wife was nervious during interview, or she said anything wrong which dont match with your relation, can youtell me about ur wife interview,which type of questions they asked,any red flags in ur case, like age difference,another marriage, or anything like this?

[Confused 2 94]

Are you both related besides being husband & wife?

[dwheels76 5,468]

Why did u say "non-petitionable relationship"? Is that what they said in the denial or what?

Seems they are questioning that maybe u are brother, sister or something in relationship too close to be petitioned.

Could you give us more background to help us please.

[EAbbas 213]

Sometimes when the CO thinks its a marriage for immigration purposes only they will use this non petitionable relationship as their way of saying its not a true marriage. It doesn't mean that they think they are related necessarily it just means they dont believe their marriage is real and should not have been approved thru USCIS as petitionable.

To answer your question about the information you are submitting yes those items you listed will be what they are looking for. As long as they are not sending your case back to USCIS then you do have a small window to get that information to them. Be sure they are allowing for this submission and be sure to do it ASAP!

Did they say your case was being sent back or are they actually giving you some time to get these documents to them?

Contacting a senator at this point would be futile. If it goes back or if it lasts in AP over 5 months that's when you begin making those phone calls to get inquiries made. No lawyer or senator can make things move faster or finish before their work is complete.

Best to you

Edited August 19, 2012 by EAbbas

[Apple786 5]

sorry to hear that, i think your wife was nervious during interview, or she said anything wrong which dont match with your relation, can youtell me about ur wife interview,which type of questions they asked,any red flags in ur case, like age difference,another marriage, or anything like this?

She was nervous.. they asked her do you know your husband has another house here? And she said no. That was strange to ask as I am a US citizen. I grew up here, went to school here and work here. They also asked her how we met and it was through a marriage buearu that my aunt took us to. I talked to her and we decided we were fit for each other after spending a day together. She told them this as well... I am 27 and she is 21. No other marriages no relationship. It was this african american lady whom I read about on this forum who rejected her. She didn't even bother going through pics and stuff.

Are you both related besides being husband & wife?

Not at all, my brother who marrie 6 years ago was related to his wife and that wasn't a issue

Edited August 19, 2012 by Apple786

[wak 0]

Hey,

As a matter of incident I was also refused K1 on the same date

You havent told the reason that CO gave you for the refusal. In my case she told me clearly the reason for the refusal.

I would not recommend to go to an attorny (They always will tell you to petition cause this is where they get money----well most of them) or refile petition with out complete understanding on the cause of refusal. Merely filling petition again will not give you any advantage you need to mitigate the cause of refusal

Wish you best of luck

[wak 0]

She was nervous.. they asked her do you know your husband has another house here? And she said no. That was strange to ask as I am a US citizen. I grew up here, went to school here and work here. They also asked her how we met and it was through a marriage buearu that my aunt took us to. I talked to her and we decided we were fit for each other after spending a day together. She told them this as well... I am 27 and she is 21. No other marriages no relationship. It was this african american lady whom I read about on this forum who rejected her. She didn't even bother going through pics and stuff.

Not at all, my brother who marrie 6 years ago was related to his wife and that wasn't a issue

It was the same lady that took my interview as well , she wwas rude and the same way did'nt look on any proof that I brought .....WTH >.<

[Apple786 5]

Why did u say "non-petitionable relationship"? Is that what they said in the denial or what?

Seems they are questioning that maybe u are brother, sister or something in relationship too close to be petitioned.

Could you give us more background to help us please.

That is what the paper says. Section 212 a5 non petitionable relationship.

SEE ATTACHMENT,

It was the same lady that took my interview as well , she wwas rude and the same way did'nt look on any proof that I brought .....WTH >.<

What happened to you then?

Hey,

As a matter of incident I was also refused K1 on the same date

You havent told the reason that CO gave you for the refusal. In my case she told me clearly the reason for the refusal.

I would not recommend to go to an attorny (They always will tell you to petition cause this is where they get money----well most of them) or refile petition with out complete understanding on the cause of refusal. Merely filling petition again will not give you any advantage you need to mitigate the cause of refusal

Wish you best of luck

My wife didn't tell me that she was given a reason immediately... just handed that paper. What happned to your case afterwards? Did you refile? Did you appeal? outcome?

Here is attachment of ONLY letter given to her.

[littoral1 15]

why they asked her if u have other house there

is this true or it was only question

what other question they asked her

also dont stress yourself if your marriage is true one it will happen inshaalah

[Apple786 5]

why they asked her if u have other house there

is this true or it was only question

what other question they asked her

also dont stress yourself if your marriage is true one it will happen inshaalah

No idea why -- on the marriage certificate we do have our uncles address. So technically we do have a house there to live in when we visit which is my uncles... I dont own it nor did I buy it. I'm only 28.

[wak 0]

That is what the paper says. Section 212 a5 non petitionable relationship.

SEE ATTACHMENT,

What happened to you then?

My wife didn't tell me that she was given a reason immediately... just handed that paper. What happned to your case afterwards? Did you refile? Did you appeal? outcome?

Here is attachment of ONLY letter given to her.

She told me that I am refusing you because your fiancee is under age, not 18 years old. So you are welcome to apply after she turns 18.

Now I contacted an attorny and he told me to refile the petition in next few months, but i dont believe them cause last time my petition was filed by an attorny and it has been refused..... and I guess I will wait for a year now ..

my thoughts to you is to send the Skype/FB logs to embassy ASA as told to you by embassy and also prepare a strong set of evidence to prove your case when USCIS office will send you the letter regarding the denial

Edited August 19, 2012 by wak

[Darnell 8,478]

apple - you are lucky.

you were given an email address to use.

send off all to that email address, even if it's 30 to 50 different emails.

hurry hurry.

and good luck !

[Apple786 5]

Does any one know if we have a chance to appel before they send it all back to USA?

[sn530 27]

Waoh sorry to hear this unfortunate news but do as everyone has suggestedsend proof. But don't overkill or you will have one very upset immigration agent.