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khalidnfatima

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Posts posted by khalidnfatima

    Khalid's second interview is May 13th !

    in US Embassy and Consulate Discussion

    Posted

    Well make sure he brings a real good original divorce decree to the interview or that you provided the court stamped document to the nvc

    and my problem i believe was the fact that i was still living in the marital home

    my ex was in another state in the military and also remarried

    but i am guessing he had the house listed as his permanent address

    it's just a guess

    but i moved out of the house because of this a year ago

    we still both own the house but it is abandoned

    he was supposed to refinance it then i was supposed to sign a quit claim and move out

    he never refinanced

    we have not paid the mortgage since we separated so like '07

    but because he went back into the military the bank or city/county can't/won't take it

    it's a pain LOL

    expect AP

    sorry to say

    the only ones that seem to avoid AP are the women

    your husband is coming from Pakistan ?

    Khalid's second interview is May 13th !

    in US Embassy and Consulate Discussion

    Posted

    We met online in March of 2008

    We decided to marry as soon as we could

    I was going through a divorce from my Christian husband at the time

    Mainly because I accepted Islam

    Khalid was always there for me through that messy divorce and custody fight

    He's still there for me every day we talk

    Mostly when I get home from work at night

    We fall asleep on the phone together

    Shortly after the divorce was final (a month or so) I flew to the UK to marry Khalid

    I didn't want to bring him as fiance

    In Islam you have to marry to have a physical relationship

    We couldn't marry in the UK legally

    He couldn't even find an imam to marry us only religiously

    It was my bright idea for him to go to Pakistan so we can marry

    This involved him taking his passport back from his attorney there in the UK

    He was accepted to a Masters program at a university there

    He was working making good money there as well

    He agreed to go to Pakistan

    Shortly before I was to travel there he found someone to marry us religiously

    So we married in a mosque the same day I arrived in London

    And a couple of days later we flew to Pakistan anyway

    I had about two months then I needed to be back here for my children

    They were with their fathers for the summer

    We married legally in Pakistan in his family's home

    We prayed together

    I miss that

    He always took me for rides on his motorcycle

    He was going to get a car, but after riding his uncle's motorcycle with Khalid I insisted on a motorcycle

    His mother is amazing

    I can see why he is so wonderful

    and patient

    We got in an accident on his motorcycle

    Some car was coming at us in the wrong lane

    They drive on the left side of the road there

    I'm a nurse, and it was strange to see the inside of one of their hospitals LOL and to receive care there

    Soooo different than here

    When it was time for me to leave I did not want to go

    We had been to the embassy

    I found out I was not eligible to file there

    That I had to file from here

    Well I did that just as soon as I arrived home

    Late August or Early September 2008

    We have been on a roller coaster of a visa journey ever since

    In the summer of 2009 was his first interview

    AP of course

    Then they sent back our original documents

    I thought it was finally over

    I cried

    Then with some digging I found out that they were sent back to him because he was denied

    I was a mess

    For days I cried and cried

    Now I'm mostly numb

    They sent the K3 case back to the US with the recommendation to revoke the visa approval

    Because they came to the conclusion that I was still married to and living with my ex husband

    Who was in the military and in another state and remarried himself with a baby on the way

    It was absurd

    I filed a complaint against the embassy

    I contacted my Congressman's office

    I didn't know what to do

    Finally we have another chance

    A second interview

    I can't be there although I'd like to

    This one is for the CR1 the immigrant visa

    I hope they give it to him

    I visited again in 2009 for two more months

    I was going through more custody battles at the time and was losing

    I have them back Alhamdulillah

    All I need is my husband

    Pray for us please

    -Fatima

    Second Interview !!!

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    Khalid's second interview is in one week Inshallah ! I am a little worried about the whole Osama "story" interfering with this date. Inshallah it won't. I filed in fall '08. His interview was in summer '09. Denied in fall '09. We're going for the CR1 now, and I'm just so scared to get my hopes up. I was crushed when they denied. Then angry. Then numb. Scared not to be numb anymore.

    On the road again.. ALHAMDULILLAH !

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    Sorry it's been awhile.. I've been pretty negative about this whole thing since the embassy denied my husband a visa.. here's a quick update..

    Ugh ! They were awful ! They sent our case back to the USCIS with the recommendation to revoke the visa approval ! They came to the false conclusion that I was still married to and living with my EX !!! Now the DOS administratively closed the K1 case because they don't process those anymore they say. So.. now I sent all the NVC wanted for the I130, ie the ds230 and the I864. Alhamdulillah I make more than enough to sponsor him mashallah. Now the NVC says they received the info but did not review it yet. So.. more waiting. What else is new

    LOL

    I'm trying to keep my sense of humor

    I need your prayers, your duas please.

    I miss him and need him here terribly.

    I have not seen him since april '09

    I don't have the freedom to travel now as i once did

    I obtained a certified copy of the divorce from the courts and will send that with him to help prove they came to the wrong conclusion the first time.

    I wonder how long until he gets here now...

    He's been amazingly patient through all of this mashallah.

    My rock.

    KHALID I LOOOOOOOOOOVE YOU !!!!!!!!!!!!!!!!!!!

    LUMUNUH HABIBY !!!

    We're finally on the road again ALHAMDULILLAH

    Anyone going through anything similar or have gone through anything similar ?

    Or any words of encouragement ?

    I believed I angered the embassy LOL oops

    cuz I filed a complaint on them.

    Are we doomed at this embassy you think ?

    Thanks..

    .. Fatima

    On the road again.. ALHAMDULILLAH !

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    Salamualaikum,

    If you fellow pakistanis can help me out:

    I am filling out the G325 biogrpahical form for my wife who is in Pakistan for her to join me here in the US (im a citizen). Her address goes like this apt. number, gulistan-e-johar, karachi, Pakistan. The form asks for pronvince/state, city and then country. I am not sure which part of that address is the province/state and which the city. Should i put karachi or gulistane johar as the city? thanks

    ask her what state she is in

    my husband lives in rawalpindi

    so i put muslimtown as part of the address

    rawalpindi as the city

    punjab as the province

    and pakistan as the country

    and leave it at that

    On the road again.. ALHAMDULILLAH !

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    Sorry it's been awhile.. I've been pretty negative about this whole thing since the embassy denied my husband a visa.. here's a quick update..

    Ugh ! They were awful ! They sent our case back to the USCIS with the recommendation to revoke the visa approval ! They came to the false conclusion that I was still married to and living with my EX !!! Now the DOS administratively closed the K1 case because they don't process those anymore they say. So.. now I sent all the NVC wanted for the I130, ie the ds230 and the I864. Alhamdulillah I make more than enough to sponsor him mashallah. Now the NVC says they received the info but did not review it yet. So.. more waiting. What else is new :bonk:

    LOL

    I'm trying to keep my sense of humor

    I need your prayers, your duas please.

    I miss him and need him here terribly.

    I have not seen him since april '09

    I don't have the freedom to travel now as i once did

    I obtained a certified copy of the divorce from the courts and will send that with him to help prove they came to the wrong conclusion the first time.

    I wonder how long until he gets here now...

    He's been amazingly patient through all of this mashallah.

    My rock.

    KHALID I LOOOOOOOOOOVE YOU !!!!!!!!!!!!!!!!!!!

    LUMUNUH HABIBY !!!

    :dancing:

    We're finally on the road again ALHAMDULILLAH

    Anyone going through anything similar or have gone through anything similar ?

    Or any words of encouragement ?

    I believed I angered the embassy LOL oops

    cuz I filed a complaint on them.

    Are we doomed at this embassy you think ?

    Thanks..

    .. Fatima

    Denied

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    Sorry it's been awhile.. I've been pretty negative about this whole thing since the embassy denied my husband a visa.. here's a quick update..

    Ugh ! They were awful ! They sent our case back to the USCIS with the recommendation to revoke the visa approval ! They came to the false conclusion that I was still married to and living with my EX !!! Now the DOS administratively closed the K1 case because they don't process those anymore they say. So.. now I sent all the NVC wanted for the I130, ie the ds230 and the I864. Alhamdulillah I make more than enough to sponsor him mashallah. Now the NVC says they received the info but did not review it yet. So.. more waiting. What else is new >

    :bonk:

    Denied

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    ok well my husband went to the embassy today and got this answer:

    the embassy thinks im still married to my ex husband !!!

    i want to pull my hair out

    i cant believe this

    my ex husband is re married and has a new baby

    this is preposterous

    this will be cake to prove

    inshallah

    but we have to wait another year at least to be reunited because of this

    i filed a complaint with the office of the inspector general of the dept of state today about the embassy - the consular/visa officer in charge of our case there

    dont know if they will even follow through with it

    but i vented

    i sent a freedom of information act request today to the dos to get the consular notes on our case

    please pray for us

    salaams to all of u

    Denied

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    I am sorry that things are so complicated, but as you can tell by the research you are doing, you have an uphill climb. . .it CAN be corrected. Have you contacted the attorney they recommeded? (Ellis)

    My husband is also Pakistani and though we interviewed in Canada, we were placed in AP through ISL for seven months. From reading your posts and comparing it to the data I found while researching during my own husband's AP, you guys had several relationship "red flags" (when dealing with Pak) to overcome.

    Think about the following questions, answer if you wish or just consider them and think of ways you/your husband can overcome them in future interviews or when the USCIS gives you time to appeal:

    It seems like it is possible you will be able to get your CR1 interview scheduled (you should confirm this with someone like Attorney Ellis) and bring in supplemental evidence. Is there any way for you to attend the interview if he gets the cr1 scheduled?

    How did you first meet? we met online

    How long was your courtship? very short

    When/How did you meet in person? i bought a plane ticket to the UK when my temporary job ended and we had a religious ceremony at a mosque there because we are of the belief that we should not have a relationship without a marriage

    What proof of meeting/courtship/real relationship did you submit the first time? What else could you add? visa pages on our passports, tickets, phone and email records i think.. i could add affadavits from many ppl who know how much i love this man and need him and who know how much we are on the phone and that he is my best friend as well as my husband

    Was your husband ever previously married? (this one was REALLY important in our case and caused our AP) yes he was and that was the one rfe the embassy made - they wanted him to submit the marriage certificate

    How does your husband feel about your previous marriage/children? that i should not talk to my ex unless it has to do with the kids directly and he loves them.. he plays games online with my 8 and 9 yr olds and draws pictures with them online and listens to them read stories and comforts them when they are scared at night

    How does his family feel about the marriage? they were not happy when he called them from the UK and mentioned he was going to marry a woman who was divorced with children and had recently embraced islam

    who is this attorney ellis ? i cannot afford an attorney at this time.. i wish i could

    Denied

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    we have not been able to reach the embassy and as far as the dos goes i have to file a freedom of information act to get the notes the consular officer wrote in the file and the nvc wont be help yet cuz the case has not reached them yet.. khalid is going to the embassy monday and demanding a reason this was done to us.. the dos admitted he has the right to know but not telling us saying it is classified information

    Denied

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted · Edited by khalidnfatima

    ok finding out some info i should have known b4 filing ..

    Returning Petitions/Applications Under Section 221(g) of the INA

    The following guide is specific to returned petitions/applications under Section 221(g) of the Immigration and Nationality Act issued by the Department of State at the conclusion of a beneficiary interview. In no way is this guide legal advice, and should never be used in place of a good immigration attorney. The information has been compiled from personal experience and months of research.

    First a Little Basic 101 on the 221(g):

    The document issued by the Department of State under Section 221(g) of the Immigration and Nationality Act (INA) is for the most part used for requesting additional information from the beneficiary such as missing documents, additional evidence, or advising them of not being able to issue their visa due to pending name/security checks i.e. Administrative Processing or Administrative Review. However, Section 221(g) is also used by the Department of State when returning petitions/applications to the USCIS for further review ultimately recommending revocation.

    Why are Petitions/Applications Returned to the USCIS by an Embassy/Consulate Under Section 221(g)?

    Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

    What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate?

    •221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.

    •Petition is returned to the United States by the interviewing consulate for "further review" in what is called a diplomatic pouch.

    •Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.

    •Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.

    •Local service center receives returned petition.

    •Local service center who processed the original petition sends a notice of receipt to the petitioner.

    •Local service center reviews the returned petition and consular officer notes on the case.

    •Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.

    •Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.

    •Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.

    •If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such.

    •If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.

    •Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.

    •Consulate notifies the beneficiary of a new interview date.

    •Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.

    What can you do immediately when faced with this issue:

    •First and foremost, contact a good immigration attorney.

    •Immediately have the beneficiary send a scanned copy of the 221(g) issued.

    •Contact the consulate directly (immediately) and attempt to have the petition reviewed by the senior consular before it is returned.

    •If you are unable to get through to the consulate on the phone, contact them via email, and if you're mail has a "read verification" use it.

    •Contact your congressman/senator, get them involved immediately. You will need to sign a release form giving them permission to make an inquiry on your behalf.

    •Provide your congressman/senator with as much information as possible about your case, the interview, and the result.

    •If your congressman/senator is top notch, they will not just send an email or letter to the consulate, they will call on the phone and try to get the petition reviewed again before it is sent back.

    •If they are not successful, they can request the diplomatic pouch number the petition is being returned in. This number will allow you to track the petition until it is received by the local service center.

    To track a returned petition/application with a pouch number, you can contact the Diplomatic Pouch Service in Washington:

    •Diplomatic Pouch Service: 202-663-1588

    If you do not know who your congressman/senator is, use the following links to find out who represents your area:

    •US Congressional Representatives (By State)

    •US Senators (By State)

    If the petition is returned, you are in for a wait. The diplomatic pouch the petition is returned in is sent from embassy to embassy picking up other returned petitions along the way. It could take up to 2 or 3 months for it to be received by fraud management at the NVC...then the NVC has the petition for about 1 month before sending it to the local service center where it was originally filed. One thing to also know is that returned petitions do not take priority...they are reviewed in the order they are received, that is after new petitions have been processed.

    What You Can Do in the Meantime While You Wait:

    •Continue contacting the consulate to get an actual reason for the return...not the blanket "validity of relationship" response.

    •Stay in contact with your congressman/senator, they can assist you in getting the actual reason for denial.

    •Immediately file a Freedom Of Information Act request for the Department of State asking specifically for the consular notes on your returned petition: DOS FOIA

    •Immediately file for a Freedom of Information Act request for the USCIS asking for the same specific consular notes on your returned petition: USCIS FOIA

    •Continue to document your relationship, emails, letters, phone bills, visits to their country, etc.

    •Be ready for the opportunity to rebut the consular findings.

    •Contact a good immigration attorney as suggested above...preferably one who has experience in returned and denied petitions.

    After a period of 6 months or longer has passed and you do not hear anything from the local service center regarding the receipt of your return, or the results of the review, you can contact the CIS Ombudsman. While the Ombudsman cannot make the USCIS reaffirm your returned petition, they can assist when processing times are outside of guidelines

    •USCIS OMBUDSMAN

    Now, there are some differences between returned fiancé petitions and marriage petitions. The K1 is especially at risk due to the expiration of the original approval, many returned K1s are not given the opportunity to rebut, they receive a notice telling them their K1 has expired and may file again at any time...this is why the FOIA is so important. You need to know the exact reason the petition was returned, just filing again is a huge risk if you do not know why the petition was returned in the first place.

    While the K3 does have an expiration date also, they are treated more seriously. I have not known anyone who has had a returned K3 not being given the opportunity to rebut. Obviously the CR1 does not expire. Still, it is very important to file the FOIA, not every service center will tell you exactly what the consular office findings or objections to issuing the visa are. Some people are only asked to provide more evidence of their relationship.

    The following articles have been written by an immigration attorney experienced in this area:

    •Clash Of The Titan Bureaucracies? The Battle Between DHS And US Consulates

    •Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

    Also read USCIS Immigrant Visa Petitions Returned by the State Department Consular Offices

    so much info on wwwdot***removed***dotcom on this subject

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