REVOCATION

[Mohsin786 23]

DEAR VJ FAMILY, AS MOST OF YOU KNOW THAT MY FINANCE MOHSIN RECEIVED AN EMAIL FROM THE EMBASSY SAYING THAT THEY ARE IN PROCESS TO RETURN OUR CASE TO USA, AND RECOMMENDING REVOCATION, WE HAVE BEEN THINKING A LOT ABOUT WHY THEY WOULD COME UP WITH THIS DECISION, AND SINCE THEY DIDN'T DENY US BUT WANTS A REVOCATION, WHICH BASICALLY MEANS THAT THEY WANT US TO START OVER THE PETITION,NOW THE ONLY REASON WE CAN SEE THAT THEY WANTS TO THIS IS BECAUSE MOHSIN AND I GOT ENGAGED IN PAKISTAN WHILE I WAS STILL LEGALLY MARRIED TO MY EX HUSBAND, WHEN I FILED MY DIVORCED I WAS TOLD IT WOULD B FINAL IN ABT 8 WEEKS SINCE IT WAS AN UNCONTESTED DIVORCE, BUT IT TOOK 6 MONTHS INSTEAD, I HAD ASKED MY LAWYER IF I CAN GET ENGAGED AND HE SAID YES, BECAUSE ITS NOT LIKE I AM GETTING MARRIED WHILE I AM STILL LEGALLY MARRIED, ITS ONLY AN ENGAGEMENT, SO WE WENT AHEAD AND DID IT. MY QUESTION TO U GUYS IS CAN THEY REALLY REVOKE THE CASE FOR THIS???? I DIDN'T COMMIT ANY FRAUD.I WOULD VALUE UR OPINION ON THIS.

[midge and isi 8]

Customs in the country usually play a large role in this question- In Pakistan is it acceptable for someone who is separated but not divorced to be engaged?

What did they tell them at the interview?

[together4evr 360]

Yes it is a reason for them not believing the relationship is real.

If you marry soon after a divorce or if you are engaged while still married are huge red flags.

So, if you are trying to keep your case at the embassy and get a 2nd interview then start gathering whatever proof you can about when you were separated from the 1st husband. When you hired your lawyer. Any proof you can think of to show how you were not cheating on your husband to be with Moshin. Also, get family and friend statements from both sides that state they knew you were going through a divorce at the time you started a relationship with Moshin. Get bills in your name only when you lived alone. Somehow try and get bills in ex husbands name at his place where he lived alone. You need to prove you were not living together when you started your relationship to Moshin. If you were still living together when you started a new relationship then just get as much proof of separate lives and separate accounts while living together.

When did you start your relationship with Moshin and when did your divorce finally go through?

I wish you luck and I pray your petition stays at the embassy for a 2nd interview and I pray you can go with him.

[catknit 144]

I know that having your case sent back to USCIS feels like the end of the world - but it is not. BTDT. Did it add time to being together in the US? Yes.

What you've outlined can very well be the reason that they decided to send your case back. One of the hardest parts of this whole process is to look at things from an outside prospective. What the CO sees is a JUST divorced woman getting back in the saddle RIGHT AWAY. That's what the paperwork says. Now, your previous marriage may have been a hot mess, maybe you had been out of love with the ex for years and was just waiting for the cash to file...that isn't necessarily on paper somewhere and you weren't given a state issued by the state that said "marriage just fell apart but she's doing ok and may start looking for a new partner".

Something very similar happened to me - my marriage fell apart, I moved out, we filed for divorce, blah, blah, blah but even though I was out of the house for close to a year, had marriage counselling that went south a year before moving out, all the CO was fixated on was the fact that my divorce was finalized on a Thursday and I flew out to meet my now husband that Friday. That's right, 29 hours after having my divorce finalized I was on a flight to Delhi. That had NOT been the plan. The attorneys on both sides had assured both me and the ex we would be divorced months before [which is when I bought my tickets - we were told December, I bought tickets for February]. But, there you go - something seemingly innocent help send my case back to VSC. [i naively thought it would be understandable as I had all this other proof that showed I was out of my ex's life and that my current husband and I had a bonafied, legitimate relationship...]

You need to understand why your case was sent back [and I think your timing issues could be a good part of it] but you also need to focus on building a better, stronger case moving forward. Are there other red flags that need to be addressed? Are there age issues? Kids? Have you visited somewhat frequently? Has anyone from your family gone on any of the trips?

[canadian_wife 1,818]

Sounds like to me, correct me if I am wrong as your post is difficult to read when you are shouting at us all (in the use of all caps) but your divorce was not final when you filed your I129F right?

So that would mean you were not free to marry when the petition was filed right? So you did not meet on one of the basic filing requirements

Good luck

[photomile 101]

Sounds like to me, correct me if I am wrong as your post is difficult to read when you are shouting at us all (in the use of all caps) but your divorce was not final when you filed your I129F right?

So that would mean you were not free to marry when the petition was filed right? So you did not meet on one of the basic filing requirements

Good luck

I tend to agree with this. You're perfectly free to get engaged, but the requirement when you apply for the K1 visa set by the USCIS is that you're legally free to marry. If your immigration attorney or lawyer suggested otherwise then it would be worth going back to them and asking why you were given this advice. There may be a wholly legitimate reason for it. If they say that it wouldn't have affected it and offer no other explication it might be worth finding a different immigration lawyer.

If your divorce is now finalised, make sure you get at least three copies of your signed or certified divorce statement as you'll need this for K1 (and hey it's always good to have spares). I'm sorry this has happened to you but hopefully you'll be able to go straight through with no problems in the future.

As an aside, would you mind not typing in all caps. It's very difficult to read!

[Mohsin786 23]

Sorry Canadian, but my caps wasn't meant to be shouting, let me explain a bit more No i didn't file my petition while still married to my ex husband, i filed after my divorce was final, because i needed my divorce decree to send in with my petition,the problem is that I went to Pakistan in February where we had the engagement ceremony,so to simplify things, i divorce was final in May, and I got engaged in February, I didn't think that would be a problem since I wasn't getting married while still being married. And to add more to the explanation, before i even filed my divorce i was separate from my ex husband, but however I didn't had any interest to file for divorce, until Mohsin came into my life. And before i filed for divorce Mohsin and I met in different countries twice, once in UK and then in Dubai.To end off i just want everyone to know that we are not yet sure that is the reason why our case is being sent back, its just a guess, I will sure to let everyone knows once i find out, since no explanation was given with the email,I have my senator and congressman both working on the case. I hope i have address all the questions,but if anyone wants to know anything else please feel free to ask. And thanks to everyone for their help.

Also I didn't cheat on my ex with Mohsin I met Mohsin after i was separate.

[together4evr 360]

I think most people agree if you are separated from your spouse and planning to divorce then it is not cheating. But if we look at it from the governments eyes we see the legalities of it all.

And you are right there could be another reason or several reasons. Just keep thinking and gather evidence to debate each issue that might be related to the sent back petition.

I believe in you and your relationship. I hope they keep the case at the embassy.

Please keep me posted. I am praying hard for you both!

God Bless

[Mohsin786 23]

Thank you so much together, and i will sure to keep everyone posted about the outcome, We are thinking that if it was something more serious they would have say that they are sending back the case to be denied, but instead it said revoke, they want me to refile.

[Shoot Em Straight 385]

B strong and Good luck to you both it is worth the process 2 finally b together God bless you

[catknit 144]

Just to be clear - he was denied the visa. The consulate is sending the petition back to USCIS with a recommendation to revoke the approval of the petition. He will most likely not receive a visa from this petition/visa application process. Since it is VSC there is a tiny, slim chance that they may re-approve the petition. But, I haven't heard of anyone having a re-approval in the last two years.

Yes, to go forward you will need to file again. Whether or not you choose to file a K1 or continue on with your lives and marry in Pakistan and go for a CR1 is up to you. The CR1 has a lot of benefits over the K1 and it shows that you are not allowing USCIS to dictate your lives, that you've gone that extra step and are now legally married, and he will not need to adjust status once in the US.

Good luck with what you decide to do....

[VanessaTony 3,567]

Thank you so much together, and i will sure to keep everyone posted about the outcome, We are thinking that if it was something more serious they would have say that they are sending back the case to be denied, but instead it said revoke, they want me to refile.

No... revoked means denied. Revoked means they wants your K1 petition approval to be revoked which sounds like they believe you weren't eligible for the K1 petition to BE approved. They denied him the visa at the interview. They would have given him a denial notice saying WHY he was denied. What does this notice say? You need to overcome the reason for denial before you should waste money re-applying.

Edited February 20, 2012 by Vanessa&Tony

[Mohsin786 23]

No he wasn't denied, we found out that revocation means they want us to refile, and yes we do have our plan b in motion, and that is to get married and file CR-1, but also i am not giving up just yet on the K1,I will do so when my case comes back to uscis, i will then withdraw,Also I will never give up, if K1 cant work i will find another way,, nothing will ever break us.Thanks all for ur support.

[Mohsin786 23]

Venessa i had my interview and my even my fiancee was accompanied with me for the interview and we both were interviewed by the CO

they asked me there is a age difference between us which is quite rare in Pakistan then i myself explained to the CO and i showed all

notarized statement to from my parents and her sis in law since my mother in law is no more in this world and she showed two friends

statement agreeing they know us and know about our engagement i wasn't denied we have plenty of Proofs more than Enough we left our Oovoo snap shots Notarized statements and and E-greeting card to CO they kept them along with my passport and then he said income for CO-sponsor isn't sufficient and then Gave us 221G white Slip saying they need to do some security Check meaning Administrative Processing then after one month i got a call from the Embassy by a Pakistan guy he asked i need to get my fiancee's Bank statement since november 2010 till now and need Petitioner's Tax transcript of 2009, 2010, and 2011 i told him petitioner isn't employed we are getting the co-sponsor's Tax papers he asked no you still need them i was just shattered to know that how can someone want co-sponsor and Petitioner's both tax paper's so what we did we Arranged her ex-husband which he previously filed jointly with her was 2009 and 2010 we arranged it along with joint sponsor's 3 years tax papers and bank statement all what embassy wanted then after two and half month of AP which they emailed me and saying that case is being sent back to NVC for revocation if embassy wants us to show more Proofs we are ready we have plenty of them and she has been living seperatly since her divorce was finalized so we emailed the embassy and now we have senator and congressman working on our case so we are trying to stop them to send our case back to NVC see more closely and give us another chance for 2nd interview or something

[VanessaTony 3,567]

No he wasn't denied, we found out that revocation means they want us to refile, and yes we do have our plan b in motion, and that is to get married and file CR-1, but also i am not giving up just yet on the K1,I will do so when my case comes back to uscis, i will then withdraw,Also I will never give up, if K1 cant work i will find another way,, nothing will ever break us.Thanks all for ur support.

Okay you're not understanding.. you WERE denied. THAT is why they're revoking it. They don't just make you refile 'cause they feel like it. You were DENIED and HAVE to refile because you were denied. I don't know how many ways to say that, you were DENIED.