Okay I'm calm ... here's what happened, here's what I did...

[verde 0]

First, let me apologize for the multiple posts. I kept thinking of things I hadn't conveyed, or things I think are important to convey. I realize it is inappropriate on my part and overwhelming on your part. I am sorry if I was overzealous before. I am very sick with my Multiple Sclerosis and Cancer, and haven't slept at all since this happened, and am very upset and scared. I really just needed some validation, support, encouragement, and respectful advice, as well as empathy (I’ve been there, I know how it feels, I was angry too, etc). Maybe I was a little oversensitive. I should have ignored unhelpful or rude posts, and focused on the helpful and kind ones. But thanks to all who gave sage advice and kindness.

Anyway, here is my final "TOPIC", which hopefully explains clearly what took place.

We applied for and paid for both an I-130/CR1 and an I-129/K3 Visa. Our plan was to proceed with whichever was fastest.

Our visas were expedited by the USCIS, and at least the K3 visa was expedited by the NVC and the Abu Dhabi Embassy.

The K3 interview packet came first, with an interview scheduled on November 12, 2009, so we went with it. We never heard ANYTHING about our CR1 Visa. In fact, whenever we asked the Embassy about it, they claimed the case number was not valid. Then we’d call the NVC and they’d say yes, that was indeed our CR1 case number. All the documents that we got from the USCIS and NVC had our CR1 case number; all the documents we got from the Embassy had our K3 number.

We used the K3 instruction packet (sent by the Embassy) to prepare, and my husband walked into that embassy with every single piece of documentation they required (including AOS's, but I-34 AOS's), because that is what they asked for.

You already know what happened next. The Consular Officer was inappropriate, intimidating, and made unethical comments and repeated threats. She refused to examine our evidence, and did not allow my husband to ask OR answer questions. She sat with her eyes glued to her computer, typing away behind her glass window, making all kinds of accusations without explanation, basis, or asking questions to confirm her assumptions. She repeated called my husband "desperate", said our visa should not have been expedited, stated in a sarcastic and accusatory tone that I was "old enough to be his mother", dismissed my medical conditions as nothing (rolling her eyes whenever she mentioned them), repeatedly threatened to revoke our visa, and was essentially inaccessible and inappropriate. She did not treat my husband with any respect or dignity, although he treated her with such. She insisted that our marriage was invalid, handed my husband a blue sheet (I94) (which places us under Administrative Review), asking for AOS's and 2008 tax returns (which he already had at the time of the interview in the form of I-134s), and sent him on his way, stating, "This interview is over. Now leave."

This without allowing my husband to answer questions, show evidence, or disprove her allegations with documentation or explanation.

So now we've presented a NEW indexed packet, which we plan to provide BOTH to the NVC and the Embassy, as well as save the originals for ourselves.

Please bear in mind that the vast majority of these documents we already had at the time of the K3 interview on November 12, 2009. We also had standard documents like the DS-230, Medical Exam Results, Police Certificates, Passport Copies, Birth Certificates, ect. We had everything they asked for in their instruction packet.

In fact, the ONLY documents we did not have at the time of the interview were the I-864s.

The only reason we did not have them is because the instructions we were given by the Embassy specifically requested I-134s.

We have never received anything regarding our CR1/I-130 application, outside of the approval sent by the USCIS back in September, and emailed bills sent by the NVC.

When I contacted the NVC a few days ago regarding the CR1 application, they told me that the file had been sent to the Embassy (Abu Dhabi), and that, according to NVC records, the Embassy had mailed it to my husband on October 30, 2009, 13 days before his K3 interview date. When I informed them that we never received it, the NVC confirmed that the Embassy had sent it to the wrong address.

Thank you to those of you who offered empathy, understanding, support, encouragement, and sound advice.

I still believe in standing up for our rights (my own and others) and demanding change when change is warranted, and I will continue to be a social and political activist now and for the remainder of my life - always legally and lawfully - but will continue to stand up for what is right and for my own legal rights and those of others. This is why I campaigned for many of the politicians I am contacting now.

My husband and I are married and very much in love, we have an enormous amount of values and interests in common, our marriage is valid, we miss each other terribly, I need him to help me when my illness gets bad, and we will be together one way or another - even if I have to move to the UAE, which apparently has a much faster and more reasonable immigration process for spouses of UAE citizens or residents.

If the Embassy wishes to delay our reunification (even when our visas were expedited for legitimate reasons) for no documented, objective, valid, or tangible reason, there is not much I can do.

I am working with Congressmen and Senators, and have contacted the President, Vice President, Secretary of State, and various attorneys.

Until them, of course I will give them anything they ask for (although I don't know what more they can ask for when our package was so thorough already). I'm not stupid. I know I have to play the game, regardless of how arbitrary or subjective it may seem at times.

Sincerely,

Petitioner

This is what I sent to the Abu Dhabi Embassy, as well as to the National Visa Center (of course, this is just an index - the actual packages contain the index and all of the documents described:

November **, 2009

Re: Case Numbers: ***CR1 & ***K3

Beneficiary's Name: ***

Preference Category: CR1 & K3 VISAS

Priority Date: 07Aug2009 (EXPEDITED)

Foreign State Chargeability: UNITED ARAB EMIRATES

U.S. Embassy/Consulate: EMBASSY OF THE UNITED STATES, VISA UNIT

AL SAFARAT DISTRICT, PO BOX 4009

ABU DHABI

UNITED ARAB EMIRATES

The beneficiary, Applicant, had an interview for a K3 Visa on November 12, 2009 at 10am.

At that time, he was given a “blue slip”, or a Form 194, stating that we were missing the following documents:

1. Affidavit of Support

2. 2008 Tax Returns

Attached are the documents requested on form I-94, indexed for your convenience.

INDEX OF DOCUMENTS

1. Explanatory Page

2. Index of Documents

3. Copy of the “Blue Slip,” or 194 Form Provided at K3 Interview on 11/12/2009

4. Visa Instructions for K3 Non-Immigrant Visas, Provided by the Abu Dhabi Embassy for our Interview on 11/12/09

5. Physician’s Letter on Which Expedited Visa was approved by the USCIS, NVC, and the Abu Dhabi Embassy

6. AOS/I-864 by Petitioner, Petitioner

7. Affidavit of Petitioner regarding her AOS/I-864

8. Written explanation of Petitioner’s not filing or being required to file a 2008 tax return because her income was too low.

9. Internal Revenue Service Documentation of Petitioner’s Non-Filing for 2008

10. Page 8 of the Form I-864 Instructions, which addresses (and allows) this circumstance under item number 25, Federal Tax Information.

11. IRS Documents related to Petitioner’s AOS, including non-filing for 2007 & 2008 and her 2006 tax returns.

12. AOS/I-864) by Joint Sponsor, ***

13. Affidavit of Joint Sponsor regarding her AOS/I-864

14. Page 3 of the Form I-864 Instructions, which address the use of a Joint Sponsor, under “What is a Joint Sponsor”.

15. 2008 1099 for Joint Sponsor

16. Bank Letter for Joint Sponsor, showing Deposits from 10/08 – 10/09.

17. Proof of Current Income for Joint Sponsor.

18. Proof of clear ownership and value of home for Joint Sponsor (ASSETS)

19. Pages 8 & 9 of the Form I-864 Instructions, which address using the net value of your home as an asset.

20. 2006 1099 for Joint Sponsor & 2006 IRS Non-Filing Notice

21. 2007 1099 for Joint Sponsor & 2007 Tax Return Transcript for Joint Sponsor

22. 2008 1099 for Joint Sponsor & 2008 IRS Non-Filing Notice for Joint Sponsor

23. Copy of U.S. (U.S.) Birth Certificate for Joint Sponsor

24. Copy of Texas Driver’s License for Joint Sponsor

25. Copy of U.S. Passport for Joint Sponsor

26. Notation Regarding CR1/I-130 Visa and Packet 3, which was sent by the NVC to the Abu Dhabi Embassy, but was never received by applicant, petitioner, or agent.

27. Copy of Petitioner's I-134 and All Supporting Documents (Presented at the Original Interview on 11/12/2009).

28. Copy of Joint Sponsor’s I-134 and All Supporting Documents (Presented at the Original Interview on 11/12/2009 but refused by Consular Officer).

29. Proof of payment for the AOS Fee

30. Proof of Payment for the DS-230 Fee

31. Proof of Payment for the K3 Visa Fee.

32. Applicant’s Police Certificate

33. A copy of our original and translated marriage certificate.

34. A copy of the physician’s letter documenting Petitioner’s health conditions to include Multiple Sclerosis and Cancer, and the physician’s professional opinion that Petitioner requires the presence of her husband in the U.S. to assist her. Based on her physician’s professional opinion and the recommendations of Congressmen and Senators, this case was expedited by USCIS, NVC, and the Embassy, in accordance with all intent and rules.

35. Evidence that Petitioner was seen both in the Emergency Room at Rashida Hospital in Dubai and at a private physician in Dubai during her October/November visit.

36. Copy of Joint Lease Petitioner and Applicant Signed on November 9, 2009 for a house in ***, Washington.

37. Affidavit of third party *** in regard to his knowledge of our marriage and its legitimacy.

38. Affidavit of third party *** in regard to her knowledge of our marriage and its legitimacy.

39. A copy of a joint lease we signed on November 9th and 10th of 2009.

40. A copy of our evidence relationship and marriage documentation, also presented at the original interview on 11/12/2009; including but not limited to telephone bills, copies of emails and chats, proof that petitioner (Petitioner) made two separate three week trips to Dubai to be with her husband, hotel receipts, scrapbooks, photographs, and other evidence of a valid and legitimate husband/wife relationship.

All other documentation is available upon request, and was also available at the November 12 interview (but was either not asked for or was refused when my husband attempted to submit it to the original interviewing officer), including marriage and divorce certificates, police clearance certificates, a scrapbook made by the petitioner documenting our “firsts” as a married couple, the medical examination results, and numerous other documents required for both the I-130/CR1 and the I-129/K3 Visas.

VERDE

Edited November 15, 2009 by verde

[verde 0]

Am I missing anything? What else would you provide if it were you? What other evidence of the validity of our marriage can we provide? What have others provided? Should I throw a copy of our DS-230, I-156, I-157, and other related K3 and CR1 documents into the packet? I just want to make sure we have every base covered, so that they have no reason to delay this any further. We can't put our medical exam results in - they are too big.

I would appreciate your experiences and your advice in light of those.

For those of you who were also placed on AP/AR by Abu Dhabi, how long did you have to wait to get your visa, and what evidence did you provide?

Was anyone ever actually able to sit down and talk with a Consular Officer and hand them documents and have an actual dialogue?

Was anyone able to talk to a supervisor?

Some people have said that Senators, Congressmen, and even Clinton helped them. Want to PM me about that?

Also, how do I add our K3 stuff to our timeline? I can't quite figure it out. And doesn't every have to file both an I-130 AND an I-129? I know we did.

Thanks,

Verde

Edited November 15, 2009 by verde

[Old Dominion 26]

The NVC is out of the picture anyway. It is all up to the consulate in UAE. You seem to have done all that you can do, and much more than was requested. When you ship it, separate out the items that were requested from all the rest, for ease of review in the consulate. The emotional nature of the interview is another matter and can't be undone.

I have an uneasy feeling that all the lobbying of congressmen and senators can boomerang. Anyway, they all get the same responses from the same 2-3 consular officials who handle congressional relations. Those 2-3 who handle all these things can easily sense "desperation" and convey all that to the interviewer. Given all of this country's efforts to manage the flow of immigrants as a matter of U.S. policy and tons of regulations, the whole process is quite immune from political pressure. Just my personal reflections, even though I understand your frustrations.

[payxibka 10,045]

it is difficult to read past the font color and size

[verde 0]

it is difficult to read past the font color and size

Sorry about that. Trying to be cheerful here, and separate different portions of my lengthy explanation. If everyone prefers plain old black font, I'm happy to oblige.

[verde 0]

The NVC is out of the picture anyway. It is all up to the consulate in UAE. You seem to have done all that you can do, and much more than was requested. When you ship it, separate out the items that were requested from all the rest, for ease of review in the consulate. The emotional nature of the interview is another matter and can't be undone.

I have an uneasy feeling that all the lobbying of congressmen and senators can boomerang. Anyway, they all get the same responses from the same 2-3 consular officials who handle congressional relations. Those 2-3 who handle all these things can easily sense "desperation" and convey all that to the interviewer. Given all of this country's efforts to manage the flow of immigrants as a matter of U.S. policy and tons of regulations, the whole process is quite immune from political pressure. Just my personal reflections, even though I understand your frustrations.

Well, we are "desperate" in the sense that I have one serious disease for which there is no cure, and one serious disease for which there may be a cure but it hasn't worked yet. Cancer and multiple sclerosis. They are unpredictable. One day I might be fine, the next day I am unable to see or walk. So having my husband here is a necessity.

But I think everyone feels some sense of longing and desperation. I just don't think that means that you are committing any wrongdoing or fraud.

I followed the procedure to have our visas expedited, and we met the requirements. I don't think that the fact that our visas were expedited should be held against us later by an officer who was not involved in making the decision. The decision was already made, based on medical documentation of serious illness, and was approved by three different agencies - the USCIS, the NVC, and the Abu Dhabi Embassy itself. I think that says something about the validity of our expedite.

That said, feeling desperate to be with your spouse, particularly if they are sick and need you, seems very normal to me. It would seem odd to me if you were NOT desperate to be with your spouse.

But also, my spouse is very calm and quiet. It was the officer who kept using the word desperate. He may have made a mistake by saying, when she asked, "Why are you so desperate to be with your wife?", he said, "Because I love her and she is sick and I need to be there to help take care of her." He never used the word desperate, only she did.

What's all of you guy's take on this? I'm curious.

Edited November 15, 2009 by verde

[Donna A 4]

when my husband was put into AP they said there is no time limit or cant be determined how long he will be in it. luckily it was only for a week but there are many who are in it for a long time. in his case they were waiting for something that needed to come from the United States before they could issue the visa.

[Inky 1,110]

Good luck with the AP, hope they get your stuff you sent quickly.

The Embassy can really ask for anything they want to that isnt on the lists that you may or may not have with you, its really at their disgretion what they need as evidence / paper work from you. It does suck that you didn't have what they requested, but soon they will have what they need so everything should be fine.

[Minya's wife 25]

I followed the procedure to have our visas expedited, and we met the requirements. I don't think that the fact that our visas were expedited should be held against us later by an officer who was not involved in making the decision. The decision was already made, based on medical documentation of serious illness, and was approved by three different agencies - the USCIS, the NVC, and the Abu Dhabi Embassy itself. I think that says something about the validity of our expedite.

What's all of you guy's take on this? I'm curious.

Verde, just a clarification for you regarding your terminology. You did not have your visa expedited....you received an expedited ajudicaton of your visa petition(the I130) at the USCIS level, you received and expedited processing through at the NVC level, and from the consulate(not the embassy) you received an expedited interview date. Your visa was not expedited...that is not a possibility. There is no 'expedite' to the visa approval process. Sometimes the visa is approved immediately upon the conclusion of the interview, and sometimes a certain amount of AP/AR is given.

[SuperDuper! 230]

Some of us here think that you are trying just a little too hard. Just dial it back two notches and breathe. You will do fine. You can only do so much, and the rest is out of your control. Stressing yourself out will only exacerbate your illnesses, and you know this. So for your own good, chill out for awhile. Good luck.

[missmissy 38]

I am happy to read that you have calmed down. My mother has ALS and I know that stress can exacerbate her condition as it can yours as well. I think you have done as much as you can and I know from first hand experience that too many senators and congressmen can hold things up.

I had everyone in Mississippi involved trying to get our application expedited through Vermont so I could get Lars home before my mother died. I had an expedite request from both senators here and my congressman and it was a mess.

Good luck and please know you are in my prayers for a speedy resolution.

[What Happened? 4]

Choose your battles wisely..............

Not that you shouldn't be fighting against the wrong you perceive to have taken place here,

but the battle against your illnesses may be more important.

This process will move at its own pace and come to a conclusion that may or may not be to your liking. However, you need to save the extra energy you are expending with all of these posts and dealing with the situation with the consulate, so that you will not only have the energy to enjoy your husband, but also so that you will be around for a while when the time comes for him to join you.

Maybe take a little break from it all and re-group. Sounds like you've already put all your pieces into action, so now you just need to let the process do what it will and take care of yourself first. You're husband is there ALWAYS for support and understanding. Turn to him.

I admire the fight in you, however. But please take care of your self first and foremost.

Best Wishes

[verde 0]

I followed the procedure to have our visas expedited, and we met the requirements. I don't think that the fact that our visas were expedited should be held against us later by an officer who was not involved in making the decision. The decision was already made, based on medical documentation of serious illness, and was approved by three different agencies - the USCIS, the NVC, and the Abu Dhabi Embassy itself. I think that says something about the validity of our expedite.

What's all of you guy's take on this? I'm curious.

Verde, just a clarification for you regarding your terminology. You did not have your visa expedited....you received an expedited ajudicaton of your visa petition(the I130) at the USCIS level, you received and expedited processing through at the NVC level, and from the consulate(not the embassy) you received an expedited interview date. Your visa was not expedited...that is not a possibility. There is no 'expedite' to the visa approval process. Sometimes the visa is approved immediately upon the conclusion of the interview, and sometimes a certain amount of AP/AR is given.

Yes, our APPLICATION was expedited, not the visa. It's terminology, I know - but you get what I mean. Semantics really plays a big role in this immigration stuff!

[pushbrk 12,898]

I followed the procedure to have our visas expedited, and we met the requirements. I don't think that the fact that our visas were expedited should be held against us later by an officer who was not involved in making the decision. The decision was already made, based on medical documentation of serious illness, and was approved by three different agencies - the USCIS, the NVC, and the Abu Dhabi Embassy itself. I think that says something about the validity of our expedite.

What's all of you guy's take on this? I'm curious.

Verde, just a clarification for you regarding your terminology. You did not have your visa expedited....you received an expedited ajudicaton of your visa petition(the I130) at the USCIS level, you received and expedited processing through at the NVC level, and from the consulate(not the embassy) you received an expedited interview date. Your visa was not expedited...that is not a possibility. There is no 'expedite' to the visa approval process. Sometimes the visa is approved immediately upon the conclusion of the interview, and sometimes a certain amount of AP/AR is given.

Yes, our APPLICATION was expedited, not the visa. It's terminology, I know - but you get what I mean. Semantics really plays a big role in this immigration stuff!

Again, "application" is the incorrect terminology. Your "petition" was expedited through USCIS. Your "case" was expedited through NVC and your "interview appointment" was expedited at the Consular services division at the Embassy. The DS 230 was the "application". No "application" was expedited. At this point though, the terminology is not the number one concern.

[verde 0]

I followed the procedure to have our visas expedited, and we met the requirements. I don't think that the fact that our visas were expedited should be held against us later by an officer who was not involved in making the decision. The decision was already made, based on medical documentation of serious illness, and was approved by three different agencies - the USCIS, the NVC, and the Abu Dhabi Embassy itself. I think that says something about the validity of our expedite.

What's all of you guy's take on this? I'm curious.

Verde, just a clarification for you regarding your terminology. You did not have your visa expedited....you received an expedited ajudicaton of your visa petition(the I130) at the USCIS level, you received and expedited processing through at the NVC level, and from the consulate(not the embassy) you received an expedited interview date. Your visa was not expedited...that is not a possibility. There is no 'expedite' to the visa approval process. Sometimes the visa is approved immediately upon the conclusion of the interview, and sometimes a certain amount of AP/AR is given.

Yes, our APPLICATION was expedited, not the visa. It's terminology, I know - but you get what I mean. Semantics really plays a big role in this immigration stuff!

Again, "application" is the incorrect terminology. Your "petition" was expedited through USCIS. Your "case" was expedited through NVC and your "interview appointment" was expedited at the Consular services division at the Embassy. The DS 230 was the "application". No "application" was expedited. At this point though, the terminology is not the number one concern.

Thanks for the clarification. Now I just want to know what part of our proof of bona fide relationship is insufficient and why they won't seem to allow us to change our "process" (terminology again) from K3 to CR1.

Choose your battles wisely..............

Not that you shouldn't be fighting against the wrong you perceive to have taken place here,

but the battle against your illnesses may be more important.

This process will move at its own pace and come to a conclusion that may or may not be to your liking. However, you need to save the extra energy you are expending with all of these posts and dealing with the situation with the consulate, so that you will not only have the energy to enjoy your husband, but also so that you will be around for a while when the time comes for him to join you.

Maybe take a little break from it all and re-group. Sounds like you've already put all your pieces into action, so now you just need to let the process do what it will and take care of yourself first. You're husband is there ALWAYS for support and understanding. Turn to him.

I admire the fight in you, however. But please take care of your self first and foremost.

Best Wishes

Thanks for the good advice and wishes. Still trying to figure out the K3 versus CR1 issue. Once the packets go out and that is settled, I will take your advice. Until then, it's hard to wind down. I feel lost, confused, and anxious, like there is something I should or could be doing but am not.