visa DENIED

[Yodrak 7]

mbhatti,

Did you consult with an immigration attorney when you began this visa journey, to review the facts of your situation and learn something about what you were getting into?

If so, time to do so again. If not, better late than never. Find one who specializes in family-based immigration (as opposed to employment-based) and who has extensive experience with the IV unit in Pakistan.

Yodrak

ok, first ... thanks everyone who replied, second, sorry i wasnt more specific. well here goes the whole story.

we met on the net, we talked for almost 1year and then i went to pakistan in july of 2004, we married in sept of 2004, i came back to the usa in oct 2004. in feb of 2005 i filed the I-130, by march of 2006 he had his ds-230 and did his medical and police certs. he sent his papers to the embassy and got a letter in april 2006 that his interview was scheduled for sept. 13th. He went to the interview with papers, letters pictures cards from my family, and he knows everything about me and my family.

The first person to talk to him was a woman, and she asked about my daughter, (she was living here with me at the time i filed the 864) then they asked him about my other children and where did they live, he told them. then they asked him my childrens phone numbers, he told them he did not know. they asked him for my parents phone number, he told them he did not know. they wanted to know why my children did not live with me and they wanted to know why my daughter lived in Georgia. (I am thinking they were thinking the country and not the state) they asked him about her job, he told them she did not have a job. they asked him how does she eat, how does she live, he told them she lived with her boyfriend. he asked how long we dated before we married, he told them we talked for 11 months on the net. they asked him what kind of car did i drive, he told them a 96 ford escort. they asked him, how many times i was married, he said two times. they asked him for divorce papers for 1st divorce, he told them my first husband was dead and the only thing i had was a paper from his funeral, he told them that i did not have divorce papers from 1st husband, they told him he was lying ,, they said that they had divorce papers from 1st husband, he told them that all he had was the funeral paper. ( i did not send them my 1st divorce papers because i did not have them and the lawyer no longer had a copy) they asked him again why my daughter was living in georgia and why she did not live with me, he told them that all my children had families of their own and lived with their families. i am not sure what else they asked him but they told him that he had only married me to get immigrant visa and that he was denied, he asked them WHY ? and they said because you are 30 and she is 49. and right now that is all i know, when he is able to talk about it more i will know more of the questions they asked him.

YuAndDan,

In and of itself, age difference is not a 'red flag'. desert_fox correctly observed the bigger picture of multiple items that taken together is cause for concern.

Yodrak

....

Second, the age difference alone is enough to raise suspicions as it is a violation of the local norms and customs there, as the men there dont marry women 19 years older. Who knows what other cultural norms they violated??? they will look at differences in age, language, religion, race, etc. as the interview can be very subjective and the CO has to reach the point where he is convinced that it is a valid marriage. .....

True from my studies on the K1 Visa process before my filing I read in two different books and several sites that a large age difference is a big red flag.

Edited September 18, 2006 by Yodrak

[garya505 2]

Cultural norms and gender could also pay a part in their viewing of the age difference. For example, a man from Pakistan who is 19 years younger than his US fiance is probably more likely to raise an issue than a US man who is 19 years older than his fiance from the Philippines.

[aussiewench 9]

mbhatti

Do you know if your husband received a written notice of the legal ground for refusal/revocation and more importantly what it said?

Am also curious as to whether you included the first divorce on the petition form when submitted to USCIS or if you only noted that he was deceased and therefore only supplied the 'funeral notice'. I say this as it is highly unusual for USCIS to approve a petition if a divorce occured without submitting the divorce decree. If that is the case, there has been misrepresentation and grounds for denial.

I concur with Yodrak to seek advice of a lawyer who specializes in family-based immigration, in particular one with experience of Pakistan.

You can read something of the revocation process here.

http://travel.state.gov/visa/laws/telegram...grams_1388.html

Edited September 18, 2006 by aussiewench