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Older spouse- denied without US spouse interviews

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Filed: AOS (pnd) Country: Romania
Timeline

You can always move there, if your love is true and strong.


USCIS [*] 22 Nov. 2011 - I-129 package sent; [*] 25 Nov. 2011 - Package delivered; [*] 25 Nov. 2011 - NOA1/petition received and routed to the California Service Center; [*] 30 Nov. 2011 - Touched/confirmation though text message and email; [*] 03 Dec. 2011 - Hard copy received; [*]24 April 2012 - NOA2 (no RFEs)/text message/email/USCIS account updated; [*] 27 April 2012 - NOA2 hard copy received.

NVC [*] 14 May 2012 - Petition received by NVC ; [*] 16 May 2012 - Petition left NVC.

EMBASSY [*] 18 May 2012 - Petition arrived at the US Embassy in Bucharest; [*] 22 May 2012 - Package 3 received; [*] 24 May 2012 - Package sent to the consulate, interview date set; [*] 14 June 2012 - Interview date, approved.

POE [*] 04 July 2012 - Minneapolis/St.Paul. [*] 16 September 2012 - Wedding Day!

AOS/EAD/AP [*] 04 February 2013 - AOS/EAD/AP package sent; [*] 07 February 2013 - AOS/EAD/AP package delivered; [*] 12 February 2013 - NOA1 text messages/emails; [*] 16 February 2013 - NOA1 received in the regular mail; [*] 28 February 2013 - Biometrics letter received (appointment date, March 8th); [*] 04 March 2013 - Biometrics walk-in completed (9 out of 10 fingerprints taken, pinky would not give in); [*] 04 April 2013 - EAD/AP card approved; [*] 11 April 2013 - Combo card sent/tracking number obtained; [*] 15 April 2013 - Card delivered.

[*] 15 May 2013 - Moved from MN to LA; [*] 17 May 2013 - Applied for a new SS card/filed an AR-11 online (unsuccessfully), therefore called and spoke to a Tier 2 and changed the address; [*] 22 May 2013 - Address updated on My Case Status (finally can see the case numbers online); [*] 28 May 2013 - Letter received in the mail confirming the change of address; [*] 31 July 2013 - Went to Romania; [*] 12 September 2013 - returned to the US using the AP, POE Houston, everything went smoothly; [*] 20 September 2013 - Spoke to a Tier2 and put in a service request; [*] 23 September 2013 - Got "Possible Interview Waiver" letter (originally sent on August, 29th to my old address, returned and re-routed to my current address); [*] 1 October 2013 - Started a new job.

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Trying to get the word out about our struggles:

http://voices.yahoo.com/almost-legal-citizen-but-not-quite-12155565.html?cat=9

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You can always move there, if your love is true and strong.

I don't know if you know the depth if cultural difference, but let me tell you it's near impossible for an American woman to move to Pakistan for long periods of time and be happy.

OP I dk the age difference, but being from an Islamic middle eastern country , the CO asked a very logical question.

The only other thing that could have ruined it, is your husband's answers not matching the factual paperwork you submitted with your green card request.

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Is there anyone reading this post that has gone to Islamabad for their CR1 interview and the CO gave a refusal without interviewing the us spouse, myself and I am older than him. The CO asked him who is older, your wife or your mother. Don't you want to have children? Then she told him to sit down. She called him back to the window and gave him a refusal stating "During an extended fraud interview, where the petitioner and applicant were interviewed separately and the answers were compared, the couple had numerous discrepancies and exhibited a lack of basic knowledge about each other. The consular officer is certain the relationship is for immigration purposes only, and there is no petitionable relationship. Therefore the petition is invalid under INA section INA section 212(A)(5)(A).” She also did not check the box for us to appeal. This took place on June 21, 2012. We have been married since Sept 28. 2010 and together for a year prior to that. THE CO NEVER, NEVER CALLED TO INTERVIEW ME!!!!! I have my phone records to prove it.

I am desperate for some advise, suggestions, an attorney is not really an option financially at this time.

I am also looking for hope that someone else has overcome this. My husband is upset too and just wants me to move to Pakistan but I have my kids here so that is not possible.

I have cried so much. The stress has started causing me to have panic attacks. I can't live without him and like the other posts that I have read here, I am sure that he did not marry me for a GC. He never asked to come to the US and would be happy if I came there and he would not have to leave his family.

Hi--Could you give us a few more details? How old are you and how old is he? How many times have you traveled to Pakistan? How long did you stay? How did you meet? And you have known each other 3 years? How disheartening when I think of all the stories I hear about men coming here on the lottery, paying somebody to marry them, getting AOS easily, and so they go on about their business. The rest of us do it legally and get these results. So sorry, hon. And thanks for the info!!! PS--What city do you live in?

Edited by SJ's Fiance
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I too am much older than my husband. We were denied our visa. You have a right to appeal the embassy's decision. Your case will be sent back to USCIS and they will send you a Notice Of Intent To Revoke(NOIR). Our ages were never mentioned in the NOIR but I'm sure it played a factor in them thinking there was fraud. The NOIR will tell you the exact reasons your visa was denied. You will have 30 days to respond with proof your relationship is bona fide and that the embassy was wrong in their decision.

In my case I felt it was important to hire an immigration lawyer and I went to Catholic Charities and they based the fee on my income. We won our appeal and our case is on it's way back to the embassy where my husband will have another interview.

Don't lose hope and stay strong.

So you have been waiting 3 years for his visa? I wish the embassy would consider this: if these applications are indeed fraudulent, nobody is going to hang around 2,3, or 4 years trying to get here. Common sense would say that these men would move on to another country/person that would afford them easier access if a green card is what they are looking for. It is too bad that liars and cheats have made it hard for honest people to immigrate here. I, too, wonder if Obama's immigration pardon will backlog all the immigration centers' paperwork. It seems they hardly have enough people now to handle all the paperwork, much less adding more and more.

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

Thank you all for all of the replies. Moving to Pakistan is not an option for me for a few years because I cannot remove my kids from the USA according to my divorce decree and I also do not want to take them there and place them in danger.I have to be a Mom before a wife and take care of my kids.

I am 15 years older than he is. He is in his mid 30's and acts like he is 50 because of the hard life there. I have only traveled to Pakistan once but I will be there again in November. It is just too hard to go when you have children. We did meet online but it was a year before we got engaged and another year. And another year before we were married. Then we took our time with all of the paper work to give our relationship even more time before the interview.

I became muslim before we married. The CO asked

How old are you?

How old is your wife?

Who is older your wife or your mother?........ he said mother of course

What does your family think of this?......My family loves her.

What have you given her? He told her.

Does she send you gifts or money? He answered honestly yes.( The gifts were Birthday Gifts and Anniversary)

Then she said, maybe I should go online a get someone that will send me gifts and money and give me a Green Card. The CO told him to sit down and then called him back to the window and gave him the paper but never looked at any of the proof of relationship that we had. And we have a lot. She was hostile and waving her finger at him and told him that he should be ashamed of himself and denied the petition with the reason that I stated, that our answers did not match but she NEVER talked to me.

I forgot to mention that when he tried to talk to her (reason with her)she told him not to say a word or she would call the authorities.

I hope that this answers some of your questions. I am a private person and don't feel comfortable sharing personal things like this but I realize that I had to if I want everyone's help.

I appreciate all of you for taking the time to write and wish you all the best of luck with your own cases.

Edited by heartandsoul

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

Is there anyone reading this post that has gone to Islamabad for their CR1 interview and the CO gave a refusal without interviewing the us spouse, myself and I am older than him. The CO asked him who is older, your wife or your mother. Don't you want to have children? Then she told him to sit down. She called him back to the window and gave him a refusal stating "During an extended fraud interview, where the petitioner and applicant were interviewed separately and the answers were compared, the couple had numerous discrepancies and exhibited a lack of basic knowledge about each other. The consular officer is certain the relationship is for immigration purposes only, and there is no petitionable relationship. Therefore the petition is invalid under INA section INA section 212(A)(5)(A).” She also did not check the box for us to appeal. This took place on June 21, 2012. We have been married since Sept 28. 2010 and together for a year prior to that. THE CO NEVER, NEVER CALLED TO INTERVIEW ME!!!!! I have my phone records to prove it.

I am desperate for some advise, suggestions, an attorney is not really an option financially at this time.

I am also looking for hope that someone else has overcome this. My husband is upset too and just wants me to move to Pakistan but I have my kids here so that is not possible.

I have cried so much. The stress has started causing me to have panic attacks. I can't live without him and like the other posts that I have read here, I am sure that he did not marry me for a GC. He never asked to come to the US and would be happy if I came there and he would not have to leave his family.

Hi, I recieved a NOIR June 29, 2012, I was devastated, but I got my papers together and sent everything out yesterday it took me over 10 hours to the papers together to send. You have to pull yourself together and get all your documents together. You will have 30 days to send it in after they notify you, don't give up. Copy and paste your communications via e-mail to a word document, get phone records to show you are in contact with your spouse and any other documents that have your spouse's name. Insurance cards anything. I don't have lease agreements or bank accounts with his name on it because he isn't here to sign for them. They are going to want you to prove that your relationship is legite before it is flat out denied.

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Filed: Timeline

I don't know if you know the depth if cultural difference, but let me tell you it's near impossible for an American woman to move to Pakistan for long periods of time and be happy.

OP I dk the age difference, but being from an Islamic middle eastern country , the CO asked a very logical question.

The only other thing that could have ruined it, is your husband's answers not matching the factual paperwork you submitted with your green card request.

I concur.

Thank you all for all of the replies. Moving to Pakistan is not an option for me for a few years because I cannot remove my kids from the USA according to my divorce decree and I also do not want to take them there and place them in danger.I have to be a Mom before a wife and take care of my kids.

I am 15 years older than he is. He is in his mid 30's and acts like he is 50 because of the hard life there. I have only traveled to Pakistan once but I will be there again in November. It is just too hard to go when you have children. We did meet online but it was a year before we got engaged and another year. And another year before we were married. Then we took our time with all of the paper work to give our relationship even more time before the interview.

I became muslim before we married. The CO asked

How old are you?

How old is your wife?

Who is older your wife or your mother?........ he said mother of course

What does your family think of this?......My family loves her.

What have you given her? He told her.

Does she send you gifts or money? He answered honestly yes.( The gifts were Birthday Gifts and Anniversary)

Then she said, maybe I should go online a get someone that will send me gifts and money and give me a Green Card. The CO told him to sit down and then called him back to the window and gave him the paper but never looked at any of the proof of relationship that we had. And we have a lot. She was hostile and waving her finger at him and told him that he should be ashamed of himself and denied the petition with the reason that I stated, that our answers did not match but she NEVER talked to me.

I hope that this answers some of your questions. I am a private person and don't feel comfortable sharing personal things like this but I realize that I had to if I want everyone's help.

I appreciate all of you for taking the time to write and wish you all the best of luck with your own cases.

Excellent, I salute your thinking. Most unfortunately do not think like this and interject their young children into what could be an unknown.

Best of luck going forward, make that contact right away with your legislator.

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

We do have insurance together from my employer and other things and he brought all of that but they didn't look at anything. He was there less than 10 minutes.

Also for the first two years I could not visit him because he was in Saudi Arabia on a work visa and they would not allow me into their Country. Just thought that I would mention that. He has a job in Pakistan and does not need me to support him or give him money.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

So far I have emailed the Embassy to see if we can discuss this or get another Interview and I have had no reply. I tried calling them many times but I get a message and then it disconnects me. I have sent a detailed letter to my state Senators and to President Obama ( I am trying anything)but as of today I have not received a reply from anyone. I am getting recommendations on reputable lawyers in my area now and I hope to speak to someone for a consultation. I am going to call on Monday to the Senators office and see if I can make an appointment to come in and talk in person.

You need to FIND

and ENGAGE

with the

Immigration Liason Staffer

inside of

A Congressman's Office.

There are 3 possibilities for choosing an ILS Human, as you've 2 senators and one representative.

but.

You've got to fill out a form requesting confidentiality something something.. It's available (usually) on each congressman's website.

And the ;)

Once that signed disclosure thing is in place at the Congressman's office, THEN you send over yer pile of stuff, and

tell the ILS Human that

There was a procedural error at the IV Unit in Islamabad and the petition was closed then let the ILS Human 'run with it' for two weeks.

Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: Citizen (apr) Country: Morocco
Timeline

You need to FIND

and ENGAGE

with the

Immigration Liason Staffer

inside of

A Congressman's Office.

There are 3 possibilities for choosing an ILS Human, as you've 2 senators and one representative.

but.

You've got to fill out a form requesting confidentiality something something.. It's available (usually) on each congressman's website.

And the ;)

Once that signed disclosure thing is in place at the Congressman's office, THEN you send over yer pile of stuff, and

tell the ILS Human that

There was a procedural error at the IV Unit in Islamabad and the petition was closed then let the ILS Human 'run with it' for two weeks.

Good Luck !

YOU'RE GOOD Darnell :yes:

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Filed: Lift. Cond. (apr) Country: China
Timeline

See an awesome and well respected immigration attorney immediately, good luck.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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Op, the fact that you went there only once, and did give him gifts ( which is unusual because most family raise their children with the mentality that it's men's job to provide ) explains a lot. I think your CO was way too harsh, however the red flags in your case didn't help.If you decide to file again, I suggest another trip to build more evidence

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Filed: Country: Russia
Timeline

Look this sucks. But when dealing with US immigration, I think the best thing you can do is sit down and evaluate your red flags objectively BEFORE filing. A much older woman with kids meets some guy from a high fraud countr online. They get married after one meeting. This all looks very suspicious and you should've travelled there more often after marriage.

Whats done is done, and the CO was unfair in not letting your husband present any evidence. I would get a good attorney (even if it's expensive) and follow Darnell's advice. If this fails I'd consider moving there, to a third country, or something

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Filed: Other Timeline

this could not be happen if u were with him at the time of of interview difference between the ages always creat the problem so my sujection for u is that if he get the another oppertunaty of interview u should be with him

best of luck

So far I have emailed the Embassy to see if we can discuss this or get another Interview and I have had no reply. I tried calling them many times but I get a message and then it disconnects me. I have sent a detailed letter to my state Senators and to President Obama ( I am trying anything)but as of today I have not received a reply from anyone. I am getting recommendations on reputable lawyers in my area now and I hope to speak to someone for a consultation. I am going to call on Monday to the Senators office and see if I can make an appointment to come in and talk in person.

I break down crying at work if someone asks me how things are going. My husband is in disbelief and distraut over the result. While we are not giving up we are sickened over the thought of never being together and we are husband and wife. I have kids in school and no family where I am at becuase of my job transfer. It is almost impossible for me to go there in the near future to visit. I am in this marrige forever, for better or worse as they say. I feel like a grieving widow but it hurts even more because I see him and talk to him many times a day and I can't be with him.

I am so sorry if I am going on but it has only been 10 days and I am still in disbelief and shock. We decided that we will be together forever even if it is only by a video cam. Maybe in a few years I can move to Pakistan if I have to.

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Filed: Country: Poland
Timeline

You need to FIND

and ENGAGE

with the

Immigration Liason Staffer

inside of

A Congressman's Office.

There are 3 possibilities for choosing an ILS Human, as you've 2 senators and one representative.

but.

You've got to fill out a form requesting confidentiality something something.. It's available (usually) on each congressman's website.

And the ;)

Once that signed disclosure thing is in place at the Congressman's office, THEN you send over yer pile of stuff, and

tell the ILS Human that

There was a procedural error at the IV Unit in Islamabad and the petition was closed then let the ILS Human 'run with it' for two weeks.

Good Luck !

Follow this route. Also, you can print out the information disclosure / representative thingie and file it with your paperwork, no need to send them in separately. My fiancee and I simply prepared all the paperwork including the beforementioned authorization document, walked into the congresmman's office and handed it over to the clerk. After 2 days the case got assigned to an Immigration Worker who started their work immediately.

The most important thing is - DO NOT wait. The time is NOT on your side.

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