Eseskay

What does that mean?

On 12/16/2020 at 12:56 PM, carmel34 said:

I remember your original post back in February, with many pages of discussion where you and your fiancée (now wife) were trying to understand why her I-129F petition was revoked.  It was an unusual case because of the circumstances--after many months in administrative processing, which is normal for Pakistan, the petition itself was revoked and sent back to USCIS to die.  The K-1 visa was not denied, but the petition was revoked.  You received many suggestions warning you that simply getting married and trying for a CR-1 visa, starting with the USC filing a new I-130 petition, may not solve your problem if the reason for the I-129F petition being revoked is not known, so if the same problem is there and is not fixed, the I-130 could also be denied.  Were you able to find out why the first petition was revoked?  Your case was strange because the petition is mostly focused on the USC petitioner, so something must have come up related to her and her petition when it was reviewed as part of AP at the Islamabad embassy.  Did she ever receive an explanation from USCIS why her I-129F petition was revoked?  Did she submit a FOIA request to try and find out what the reason was?  @MachadoMercedess can you shed any light here?  I'm saying all this because your chances for an I-130 approval would be much greater if you know the reason  for the revocation and can submit the new petition with this in mind.  A CR-1 petition and eventual visa application process is long and expensive, it could be 18 months or longer, so to avoid the same outcome after a long time of waiting, I would suggest that your fiancée do everything she can to know why the first petition was revoked before filing another one.  A marriage certificate may not be enough if an underlying problem still exists.  Good luck!

Hello Carmel, 
I hope you're you good. Yes i am glad you remembered it! My case is unusual we're both not sure as to why? Can you elaborate what an FOIA request is? We tried a whole bunch of things to find out the reason as to WHY they denied us but they never responded to her or any of our lawyers or me. That's the weird part. We tried everything we could. I don't think they really want to tell us the reason but maybe after filing a CR-1 they'll let us know. What do you think we should do? We already got Married here in Pakistan. She's even moving in, in a couple of months, to stay here with me. 

7 minutes ago, HRQX said:

Financial? Yes. I-864 is submitted later at NVC step.

can you share a link to that specific area of instructions?

Thank you all for the replies. So i shall be starting my CR-1 process shortly without a worry since the marriage is recognised in the U.S. Do i need any other documentation for the proof other than the Pakistani Marriage Certificate? there is no need for my Wife to do anything from the U.S right? like get any kind of documents?  Thank you. 
Also, another question, does the Embassy require a sponsorship in case of CR-1 as well? 

Hi, Me &  @MachadoMercedess filed for a K-1 but it was revoked last year (see my past posts for reference). The USCIS never responded to us, they just sent me back my passport after it was in AP for around 7-8 months (with no notes whatsoever at all, just the passport in the envelop). We tried to reach the American Embassy and USCIS through the Sentor (Florida) but we still were never able to find out the reason for the denial. We were dishearten by all of this but our love didn't die, My Fiance and I decided to get Married here in Pakistan. It's been almost 2 months since then. I have all the legal documentation here in Pakistan for the Marriage (i.e Certificate etc). We've been together since 8 years, engaged for two years and married for 2 months now. This process is very frustrating because we have been denied for no apparent reason and it's just very confusing and we are looking for anyone who could help us out through this process. 
MY QUESTION is how do we get the Marriage recognised in the U.S so we could start applying for the CR-1?   

1 minute ago, Marieke H said:

@Boiler has been around for a while and usually seems to know what they're talking about...

I know, I meant no disrespect but it’s possible to reach out the senator again to check. Because the embassy says it sent the case back to USCIS but USCIS said they never got it. There’s something wrong. 

5 minutes ago, geowrian said:

What are these further steps?

I wouldn’t be here if I knew. You tell me about the “further steps”. 

@Boiler I don’t think you know what you’re talking about, there are further steps to this. It can’t just be like “oh move on, do this, do that.” We already know that. 

19 hours ago, LizaH said:

The case may have been sent back to USCIS because they believe the petition was approved when it should not have. Perhaps some information was missing or perhaps some dates don’t match, it could be anything. USCIS may review the case again.
You are required to stay in touch with the Embassy as the application will expire after one year. You have to keep enquiring, also you need to keep an eye on the NVC website where you submit documents as sometimes after 1 year the visa application status changes from submitted to reopened. It’s automatically doing this. It needs to stay in submitted status. 
If it was sent back to USCIS you can contact them directly to find out why it was revoked. The Ombudsman through Department of Homeland Security is who you contact for cases at USCIS, they can investigate. https://www.dhs.gov/case-assistance
 

Thank you, it was very helpful. We submitted a request to the USCIS and we have our fingers crossed. Maybe they'll let us know the reason for denial. 

so there isn't a possibility for them to let us know the reason behind the revocation? 

1 hour ago, VISBIS said:

Based on reading this entire forum and @Eseskay previous post, I get the feeling that you haven't done your homework on this subject enough (K1 Visa). This is not a personal jab at you, but from your initial responses, you made it sound so much like you're only doing this for the visa. If your responses at the interview stages were also similar, that could've raised a lot of red flags. 

 

I think while @MachadoMercedess contacts the senators office, @Eseskay you should educate yourself more of the process of both the K1 and the CR1. Go through every document submitted starting from the I129F and then every piece of evidence sent to USCIS. See if there has been any mistakes done by your lawyer. Then go through every piece of document taken to the interview, including the i134, and specially the DS160. Go word by word on all these documents and make sure you haven't made any mistakes or anything that would raise red flags. Then talk with your fiance about the interview and try to remember any and every question asked by the officer and your responses. See if any of them have raised any flags. That's probably the most you could do from your end at this stage in addition to preparing for the CR1 if you guys decide to pursue that. 

 

 

One hopeful thing here is, the senators office can do a lot here. Not to get your hopes up too much, but I have seen posts here in the past where denied couples have been able to get second interviews, finding additional information about denials, move cases that's been stuck for a long time forward and such after the senator's office gets involved. So contacting the senators office should definitely help in some way. 

 

Also I don't think it's a good idea to pursue a tourist visa at this point. Likelihood of you getting accepted is very low after this denial and will pile up as an additional denial on to your file. Also while on the tourist visa in the US, if you guys get married, they'll most likely interpret that as visa fraud and ban @Eseskay completely from entering the US. At this point patience is key and I can imagine how difficult this must be. Good luck

@MachadoMercedess and i will go through the entire thing step by step to see what could have gone wrong and apply for a CR-1 with caution. That's the only thing we can do at this point. 
Do you think that the sentor's office does get involved? and if they do, how much time do you think it would take us from now to find out the reason for the denial?

3 minutes ago, Lemonslice said:

Well, ask your lawyer who/how she learned of the revocation.  Your status is one, or the other. Cannot be both. So lawyer, or website, is incorrect.

@MachadoMercedess is going to try to find that out. 

1 minute ago, Lemonslice said:

Ok. And who told you it's still in AP?

the official website, when i type in my case number. It shows its in AP.

1 minute ago, Lemonslice said:

Who told you it was revoked?

The lawyer we hired in the states

2 minutes ago, Paul & Mary said:

A case in AP won't expire unless there was a request for documentation from the beneficiary that was unfulfilled. 

but the case is still in AP. They never asked for any documentation, they just sent the passport back. 

3 hours ago, missileman said:

You need to ask your fiance to join us here for this discussion.....asap.

What happened during your interview? 

What red flags are present in your relationship (age difference, religion difference, culture difference)?

How many visits has your fiance made to your country?

How much time have you actually spent together?

A marriage may or may not remedy the reason your K-1 was revoked.

 

The process starts with marriage.  The process usually takes 12-16 months.....plus any extended administrative processing (common for Pakistan)

 

 

@missileman She has just joined it, please welcome @MachadoMercedess Now we both can figure this out and have a discussion in this community on what is the next best thing to do. Thank you so much

39 minutes ago, Ahmed&Freda said:

Of course.  Once you are married but the end result could be the same if the refusal reason was not overcome.

 

how does my fiance @MachadoMercedess and I try to find out about it?

@Paul

36 minutes ago, Paul & Mary said:

At what point were you told it expired?

@MachadoMercedess She will be able to answer this question

30 minutes ago, Marieke H said:

What do you mean? What was shady?

 

If YOUR FIANCÉE finds out why her petition was revoked, you can BOTH work on overcoming the issue TOGETHER, and then SHE can file a CR1 petition. 

@MachadoMercedess 
Meet my Fiance. She just made an account 

2 minutes ago, Ahmed&Freda said:

Unlike a CR1 when the embassy returns a finance case for recommendation of revocation of the originally approved petition you may never get a reason from the USCIS or the consulate.  You'll just get a letter stating that the petition expired.   You can attempt to file a FOIA but that does not always get answers.  You must have some idea as to why it was returned.  Think about the events during the interview..items questioned more than once, documentation and claims made.   This maybe the only way you can figure it out.

 

K-1 visas are very difficult in Pakistan to achieve.   It could be a myriad of reasons for the refusal.

even if i do figure out what went wrong. Is it possible for me to apply for CR-1?

Just now, missileman said:

What?????  What do you mean by "the petition has been expired"?

They sent me back my passport in august 2019, we didn't fight for it until now. Don't you think it would have been expired? 

2 minutes ago, missileman said:

Prepare yourself.  This could be a long, expensive journey. Are you certain that no areas of the interview raised unusual concerns?

i think the part where she asked me about my plan could've been "shady" for the CO. but i was very clear with it. 

3 minutes ago, Paul & Mary said:

Slow down and read the answers.

 

She has an attorney or she can contact the USCIS ombudsman, she can contact the State Department.

   

Her not taking an active role does lead me to believe that she could have withdrawn the petition.

She hasn't withdrawn, its just because we both were lazy and ignorant of the situation here.

1 minute ago, Paul & Mary said:

Slow down and read the answers.

 

She has an attorney or she can contact the USCIS ombudsman, she can contact the State Department.

   

Her not taking an active role does lead me to believe that she could have withdrawn the petition.

She didn't take an active role because she was as clue less as the lawyer and the petition has been expired. 
We were a little lazy, she came to Pakistan a month ago and now we are trying to figure this out again 

1 minute ago, Marieke H said:

I'm very close to my family too, but I still moved away from them to be able to live with my husband. Sometimes you have to make sacrifices. 

 

She needs to get involved here. She has to find out why the petition was revoked and both of you need to discuss your options. 

 

Stop with the "I" and "me"; it's time for "we" and "us".

It's been US for 7 years now. I am saying ME because from her side, She can only lead a life with me if she's near to her family. That's the only thing. 

2 minutes ago, Paul & Mary said:

Nothing for you to do.  The petitioner needs to be involved.

The petitioner is involved, she's going to join this thread soon. What steps does she need to take? 

Just now, neilsqueen said:

As others have said many times, your fiance will be able to find out.  Just be patient and wait until she joins the discussion.  You cannot do anything.

okay thanks, i have already told her, she will be joining us soon.