Denied

[khalidnfatima 0]

I called the DOS yesterday and they took my heart and dropped it like a vase. Visa denied. Case being sent to NVC then to USCIS. I either get to appeal (I called my congressman's office) or the USCIS will re- something it then it gets sent back to the embassy and he gets a new interview date. Strange thing is Khalid wanted me to repeat what they said to me (after I calmed down - I was crying so hard he didnt know if i got good news or bad news at first - I had been on the phone with him and he knew I had just called the DOS) and I didnt want to go over it again or couldnt so i told him to call the DOS himself gave him the # and he called me back after awhile and said that he called three different times and spoke to three different ppl and they all told him it is still in AP at the embassy. He wants me to have hope again cuz he does. But the woman helping me from the congressman's office said she called the dos and got the same story i did. i called back and got the same woman as the first time and she told me what she told me initially.

[Twisted K 2]

very sorry to hear this. i know the heartache you must be going through. ask your congress contact to see if they can do what they can to keep it in the embassy. if it has in fact been sent to USCIS, you could be in for awhile (although they seem to be picking up the pace on review of returned petitions. ours was reviewed in 7 months) once uscis reviews, they will either re-confirm on their own, or issue a NOID or NOIR (notice of intent to deny/revoke). if i were you, i would start gathering all the information possible (and then some) to rebutt the consular's findings.

also, if you haven't already, you might consider hiring a reputable attorney. one who has dealt with returned petitions, and can show you documented proof of their success. good luck, and again, sorry for what you are going through.

edited to say, the reason i say start gathering info to rebutt now, is because you have a very limited time to get these items together once USCIS issues their decisions. i have seen as little as 14 days, and very very few as much as 30 days. so it is a small window of time.

Edited November 19, 2009 by Twisted K

[wellmux 3]

Hi KhalidnFatima i am sorry to hear that and i agree with Twisted K,s post they will send the file back to uscis and then they will re-open the case and re-check it, did operator told u whats the cause of denial and whats the reason they sent the case back to uscis?????

Plus how was ur husband interview ?

Edited November 19, 2009 by wellmux

[khalidnfatima 0]

ok so i received a reply from the embassy here it is:

Dear Madam,

We have returned the subject case to the National Visa Center with recommendation of revocation. Therefore, please forward your inquiry to the National Visa Center after 2-3 weeks at the following email address:

NVCInquiry@state.gove

Hope this information will be helpful.

Best regards,

Immigration Visa Unit

[khalidnfatima 0]

Hi KhalidnFatima i am sorry to hear that and i agree with Twisted K,s post they will send the file back to uscis and then they will re-open the case and re-check it, did operator told u whats the cause of denial and whats the reason they sent the case back to uscis?????

no i cant get a reason out of them but i am still trying .. i dont know what to do .. i have been reading on visa journey and some say to just call the nvc and have them start the 130 processing again cuz this was the 129 that was denied

[Twisted K 2]

yeah, try that too, because the i130 does not deny. i am at the point that the worst they can do is say no. call them first thing this morning.

[wellmux 3]

KhalidnFatima i have read in ur other threads that u sent them i130 and how can ur case be a K3 case when ur married and u filed i130.

i-129 = K3

i-13o = CR1-IR1

[wellmux 3]

this is ur other post u typed that post Feb 14 2009, 05:11 PM and its subject was interview and fingerprints common b4 approval of petition?

ur application u sent them was i-130 thats for cr1 and ir1

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Response to request for evidence received, and case processing has resumed.

On February 12, 2009, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

I want to visit my husband, and wait with him in Pakistan for his visa.

Is it likely that I'd have to return to the US for an interview?

Without my husband??

Would they consider doing the interview at the embassy?

And the fingerprints if these are needed?

[khalidnfatima 0]

ok. well i filed the 130 then i filed the 129. that is what you do when you want your spouse to wait here while the 130 finishes or this is what i understood. they were both approved by the uscis at the same time. i sent in the fee for the 130 then i called the nvc with a question about the 130 and they told me then that the 129f had already been sent to the embassy and i needed to decide which one to pursue so i said i want to pursue the 129. the 129 is what was essentially denied by the embassy so i called the nvc this am and i am having them restart the processing of the 130. hope this clears things up. i am a jumbled mess .. have been since i called the dos yesterday. now my husband is depressed as well and i feel so bad for him. i was the mess yesterday and he was the one pulling me out of it and now i have to try to be strong and help him through. this is marriage. how dare they deny me my husband. how dare they deny him his visa. im so angry. i think im numb. i cried enough yesterday for the both of us. and now im numb and well angry. sorry just venting. i am about to call the dos again and demand to know WHY.

SALAAMS.

-fatima

[khalidnfatima 0]

I did go to Pakistan in February to wait with him til he got his visa - then my ex called and said he was going to be deployed and i need to come back so i can take the kids - long story there - and so in april i came back to the states and Alhamdulillah i have my kids but this also means i cant visit my husband anymore. i'd live in pak with khalid if it were not for my kids. i am not allowed to take them outside of the continental us. my ex is an a**hole. with a capital A. lol.. sorry. i accepted islam, my ex being military gave me the hardest time ever i filed for divorce due to all that and got the kids then when he had them for the summer i travelled to the uk to marry khalid who was living there at the time. it was my bright idea to go to pakistan where we could marry legally. he has been stuck in pak ever since. anyway while i was away with my husband in pak my ex went to court without my knowledge and got an order for temp custody cuz he told them he feared i was going to take my children out of the country, yada yada yada. this has all been so hard. Allah gave me my children back. Alhamdulillah. Is it too much to ask to have my husband as well ? thats all i want. a complete family again. like i used to have. but with this gentle amazing man i am proud to call my husband.

[wellmux 3]

awww thats sad story sister, my wife is also an american citizen and she white woman,i can say shes white like u shes in FL, today we are going to call DOS and ask them about any update to mine case i have been in AP ever since september 4th and everyday i been waiting waiting and waiting for their call and gets too much depression ur husband has been in Ap more than 5 months i can imagine how u feel and ur husband i am sorry that ur husband is denied but thats a good thing there u can have the file i-130 go and insha Allah ur husband will be there with u i am think what if they tell u that u have to start the cr1 from the start.

my prayer are with u insha Allah he will gte his visa please pray for me as well i am in too much tension/depression.

[Darnell 8,478]

if the I-130 is still at NVC, you can kick the I-130 back into play, and do all the NVC processing.

Wait a few weeks, give NVC a call, inquire about the I-130 status

Good Luck !

[khalidnfatima 0]

but wont they just come to the same decision ?

[khalidnfatima 0]

ok so i just spoke with an immigration attorney and he told me i have nothing to lose to go ahead with the I-130 so i will talk to khalid and probably do that - thanks to all of you who have shown your support during this devastating time in our journey. i'll keep you all updated in case this info can help anyone out there going through this or has to face this in the future.

salaams to all of you

shukrun

-fatima

[khalidnfatima 0]

oh yeah still cant get a response from the embassy stating why they came to this decision they never answer their phones - im going to call as soon as they open inshallah and i have also sent them like four more emails since i received this one this am - i should have a reason soon inshallah .. then i will know whether i should fight this or move on to the I-130. I'd like to bonk whoever made this decision LOL