congrassional inquiry and letter of support

[iceyspots 0]

Kitkat:>>>> I know they wont care about ourdealine. But onething is hummanity. Is US govt so cold and materailistic that they would let four lives in trouble just to follow redtapes procedures. Since in the beginning I mentioned that our case is quite old. Firs we filed I-130 three years back and they took same bullshit AR(admanistrative review) thing and took one and a half year. After taking that long they denied the petition. Well its ok but this time we filed the petition again. Dont you think its little painful thing to see that our case is put under review one more time while I have been through this process just few months back?

icesptys>>>My fiance is US citizen and we are currently living in japan togather. we have a daughter(us citizen) and she has to go for an operation. she has a kidney problem. only one year old. my wife/fiance is pragnant and due in jan 2007 . i dint care abt us visa more than my family. the reason i was mentioning abt my timeline is my wife/fiance has had enough delivering baby in japan onece. this time she wants to dleiver baby in usa and if its the case she gotta fly in nov. around the delivery of our secodn baby inshalllah, our first daughter must go through an operation before her second birthdate.

See bolded statement number 1, %95 of the time, yes.

If you had filed an I-130, and it made it all the way into Administrative review, and then denied, then I am gathering that you were actually married to your wife. Now your timeline states you are filing for a K-1 fiancé visa. Are you married now? Did you divorce and get back together? Depending on the reasoning for the I-130 denial, they may do the same thing for a K-1 fiancé visa.

Are both of you considered Japanese residents...?

There's nothing stopping your wife from going to the U.S. and giving birth there and coming back. Does your wife/fiancé have family there that could help her support the birth of her second child and take care of the current child's surgery?

BTW - Just because you changed countries doesn't mean that you won't get administrative processing or administrative review. It is likely that you will get AP/AR because you are of Pakistani descent.

There are even citizens of Germany etc who are of middle eastern descent but they still get AP/AR due to their country of origin.

[kitkat1 5]

Kitkat:>>>> I know they wont care about ourdealine. But onething is hummanity. Is US govt so cold and materailistic that they would let four lives in trouble just to follow redtapes procedures. Since in the beginning I mentioned that our case is quite old. Firs we filed I-130 three years back and they took same bullshit AR(admanistrative review) thing and took one and a half year. After taking that long they denied the petition. Well its ok but this time we filed the petition again. Dont you think its little painful thing to see that our case is put under review one more time while I have been through this process just few months back?

Sorry for your situation, really. But the truth is no, they don't care. And they won't move any faster due to anyone's extenuating circumstances. Your case is confusing - if your I-130 was denied, I don't understand how you can now be filing the I-129F, unless you are trying now for a K3 non-immigrant spousal visa (which I can't imagine would be approved if the I-130 was denied).

It's painful and I feel for you. But it doesn't change anything from the consulate point of view. As far as I have heard from one consulate (Mexico) the only reason they would ever expedite a waiver -- not a case or review but a waiver -- is due to military deployment of the USC living in the US or extreme medical emergency of the USC living in the US who required the care of the foreign benficiary. And even then, their definition of expedite would not match any of ours in a million years.

I certainly hope your congressman can do something to help you get out of AR and get approved.

Edited August 12, 2006 by kitkat1

[gugu24 0]

I know and I am not giving an exuces of being in other country, not to be done the AR. Well in AR they do the background checks, security checks. It looks little odd that they would go through the same process but since might is right so they can do it. About our previous marraige, I guess they wont deny our case this time bcz we have removed the legal hurddle which was mentioned bu USCIS itself. So its like we accepted the problem, remedy it and filed new k-1 application this time. well the consulate is holding all of my original documents including passport, birth certificate etc. so i dont know if they are gonna make me wait for long time. atleast they would have an interview date and after that they can put the case on AR if they want.

About the bolded statement then why do they say USA stands for human rights and they go to Iraq for giving people their rights.

[iceyspots 0]

I know and I am not giving an exuces of being in other country, not to be done the AR. Well in AR they do the background checks, security checks. It looks little odd that they would go through the same process but since might is right so they can do it. About our previous marraige, I guess they wont deny our case this time bcz we have removed the legal hurddle which was mentioned bu USCIS itself. So its like we accepted the problem, remedy it and filed new k-1 application this time. well the consulate is holding all of my original documents including passport, birth certificate etc. so i dont know if they are gonna make me wait for long time. atleast they would have an interview date and after that they can put the case on AR if they want.

About the bolded statement then why do they say USA stands for human rights and they go to Iraq for giving people their rights.

Security checks are neccesary, they have to run many on Pakistani nationals. Sometimes one expires before the other is finished so they have to re-order them all over again. This is especially true if you have a common name.

How can you file a "new K-1 application" if before you filed an I-130?

Did you originally file in Japan or Pakistan?

[babybunny 2]

what is the differnce between a congrassional inquiry and a letter of support for an immigration visa case. what is the maximum thing a congressman can do?

Try to contact your congressman or sentator see if you can get some help. it cant hurt.

good luck to you and your family. I know this is a very tough time for you all. hang in there..

[gugu24 0]

I have filed before I-130 back in march 2003 by DCFR tokyo consulate. They reffered our case to DHS USCIS Seoul regional ofice for the review. well long story waht happnd during all this time but finaly one month after our daughter was born they denied our application because of my wife's previus divorce, not being valid. so she filed the divorce again got it and we decided to file k-1 bcz according to USCIS judjment our marraige was void. well we are going according to their ruling and considiring ourselves as unmarried.

one good thing in all this ordeal is that i didnt have much time to be without my wife. in 2003 she came 4 times to japan to visit me. in 2005 she left her job, house and moved into japan to be with me. i used to say to my wife/fiacne do we realy need a damn piec of paper to proove our relationship and to strenthen our love? i was lucky that she agreed and came to be with me. it has been almost 18 months since she left usa and never went back to usa. by the grace of ALLAH we are leading happy life. its realy unexplainable when you carry your baby and put her to sleep, to see her doing baby talks. all this is because my wife stood beside me and we were togather by the grace of allah, though our religion is still different but its not a big issue in our relationship.

thanks for giving me good suggestions

[sheraz 0]

I have filed before I-130 back in march 2003 by DCFR tokyo consulate. They reffered our case to DHS USCIS Seoul regional ofice for the review. well long story waht happnd during all this time but finaly one month after our daughter was born they denied our application because of my wife's previus divorce, not being valid. so she filed the divorce again got it and we decided to file k-1 bcz according to USCIS judjment our marraige was void. well we are going according to their ruling and considiring ourselves as unmarried.

one good thing in all this ordeal is that i didnt have much time to be without my wife. in 2003 she came 4 times to japan to visit me. in 2005 she left her job, house and moved into japan to be with me. i used to say to my wife/fiacne do we realy need a damn piec of paper to proove our relationship and to strenthen our love? i was lucky that she agreed and came to be with me. it has been almost 18 months since she left usa and never went back to usa. by the grace of ALLAH we are leading happy life. its realy unexplainable when you carry your baby and put her to sleep, to see her doing baby talks. all this is because my wife stood beside me and we were togather by the grace of allah, though our religion is still different but its not a big issue in our relationship.

thanks for giving me good suggestions

Sorry to hear that you have had to wait for this long. Its very very difficult if the spouse is overseas. Your wife`s decision to move to Japan is the best one.

I think its often ignored that most of these consulars know more about country of origin. They know the difference between nikkah and rukhsati. At the end of our AOS interview, the lady said shukria.

I dont know if the congressman is going to be able to do anything. Your case is simple, cut and dry. It looks like it has been approved and so you have wait for the interview. No one will be put ahead of the line for any reason. One question is that why are you trying to pretend you are not married. You need to married according to Japanese law to have a valid marriage. Regardless if you are married (whether recognized or not) and try to come to US under K1, you will run into issues at AOS stage. You could even come under immigration fraud case. Two things can become your hurdle-if you married while the divorce process was not complete in Japan, it can come under polygamy or If you come to US on K1 while being married, that is immigration fraud. Then they also check about good moral character etc etc. I understand you had good intentions, but they may raise some flag.

As I said earlier, stop assuming that USCIS dont know anything about pakistani culture. They know and they will question ur intentions.

A k3 visa would have been much easier without running into all the legalities

[gugu24 0]

ok its more complicated than it seems to be. i went to usa and got married in NY state. My wife/fiance residant of USA had presented the divorce decree from previous marriage. NY state accepted that decree and gave us the marriage licence. i came back to japan and after three months my wife came to japan and filed for spouse visa. they reffered our case to seoul USCIS immigartion office. they took 18 months and declared that the marraige is not valid since my wifes previous div decree is not legal it means she was still legaly married when we got married and they said bigamist.

well we said all right if this is the case then she got the divorce from NY state. so now she was free to legaly remarry.

according to the USCIS judgment we are not married as her divorce was not valid. this time we hired a lawyer. she has processed all the case and according to her advice it is ok if we file k-1 visa.

reason why didnt i file the k-3 visa. then we need to marry eihter in pakistan, usa or japan. bcz we couldnt provide the previous marraige licence from NY state.

about usa we cant bcz i cant go their.

about pakistan they would do the nikkah whcih we have already done in NY but in a private cermony.

about japan i cant marry bcz she is already decalred as a legal wife in japanese immigration and i dont want to open a new drama in japan telling them what happened.

so the only option is now to remarry in USA. since we have hired two lawyers both for divorce and for immigration so i guess we are not doing anything illegal.

when we filed the case for K-1 we clearly mentione waht happened before why we want to marry in usa. they do have every knowledge about our case history. the uscis is the one to deny our marriage so they cant deny it again that we are married and we need to file k-3 visa.

[sheraz 0]

ok its more complicated than it seems to be. i went to usa and got married in NY state. My wife/fiance residant of USA had presented the divorce decree from previous marriage. NY state accepted that decree and gave us the marriage licence. i came back to japan and after three months my wife came to japan and filed for spouse visa. they reffered our case to seoul USCIS immigartion office. they took 18 months and declared that the marraige is not valid since my wifes previous div decree is not legal it means she was still legaly married when we got married and they said bigamist.

well we said all right if this is the case then she got the divorce from NY state. so now she was free to legaly remarry.

according to the USCIS judgment we are not married as her divorce was not valid. this time we hired a lawyer. she has processed all the case and according to her advice it is ok if we file k-1 visa.

reason why didnt i file the k-3 visa. then we need to marry eihter in pakistan, usa or japan. bcz we couldnt provide the previous marraige licence from NY state.

about usa we cant bcz i cant go their.

about pakistan they would do the nikkah whcih we have already done in NY but in a private cermony.

about japan i cant marry bcz she is already decalred as a legal wife in japanese immigration and i dont want to open a new drama in japan telling them what happened.

so the only option is now to remarry in USA. since we have hired two lawyers both for divorce and for immigration so i guess we are not doing anything illegal.

when we filed the case for K-1 we clearly mentione waht happened before why we want to marry in usa. they do have every knowledge about our case history. the uscis is the one to deny our marriage so they cant deny it again that we are married and we need to file k-3 visa.

Point well taken. I really feel for all those who have been waiting and suffering. If you have consulted the lawyer, then I guess you are in good ihands. One word of advice about the immigration attorneys. They like to make every case as complicated as possible. Every attorney kept on telling me that K3 is not offered in Pakistan. Yet my wife got the K3 in about 6 mths.