REVOCATION

[VanessaTony 3,567]

- they asked me there is a age difference between us which is quite rare in Pakistan

- he said income for CO-sponsor isn't sufficient and then Gave us 221G white Slip saying they need to do some security Check meaning Administrative Processing

- then after one month i got a call from the Embassy by a Pakistan guy he asked i need to get my fiancee's Bank statement since november 2010 till now and need Petitioner's Tax transcript of 2009, 2010, and 2011 i told him petitioner isn't employed we are getting the co-sponsor's Tax papers he asked no you still need them i was just shattered to know that how can someone want co-sponsor and Petitioner's both tax paper's so what we did we Arranged her ex-husband which he previously filed jointly with her was 2009 and 2010 we arranged it along with joint sponsor's 3 years tax papers and bank statement all what embassy wanted

- then after two and half month of AP which they emailed me and saying that case is being sent back to NVC for revocation

- if embassy wants us to show more Proofs we are ready we have plenty of them and she has been living seperatly since her divorce was finalized so we emailed the embassy and now we have senator and congressman working on our case so we are trying to stop them to send our case back to NVC see more closely and give us another chance for 2nd interview or something

The above are key points. The age difference is usually a factor if the woman is a lot older however based on your post income is the issue and they don't think you filled the requirements.

Your post isn't exactly clear but you submitted joint tax returns from herself and her ex-husband?

Your case was denied, that's why it's being revoked. You need to find out WHY it was denied. The embassy doesn't have your case anymore, it's being sent back to be revoked.

[Mohsin786 23]

Ok no need to get hyper here, we are saying what was told to us by DOS,I was told that we weren't denied,that its recommendation for revocation, its not yet even revoked,The guy at DOS told me that being denied and revoked is two different things.I checked and checked the definition of revocation,

[Mohsin786 23]

Yes we do have the senator and the congressman working on the case also, and the case haven't been sent back yet,, its still at the embassy, if You check VJ clearly you will see that majority the women are older and they got approved, some of them went on AP and then was approved.Right now out priority is to keep the case at the embassy.

[Boiler 45,934]

Yes we do have the senator and the congressman working on the case also, and the case haven't been sent back yet,, its still at the embassy, if You check VJ clearly you will see that majority the women are older and they got approved, some of them went on AP and then was approved.Right now out priority is to keep the case at the embassy.

How much older are you?

Edited February 21, 2012 by Boiler

[OSMAN R&M 0]

DEAR VJ FAMILY, AS MOST OF YOU KNOW THAT MY FINANCE MOHSIN RECEIVED AN EMAIL FROM THE EMBASSY SAYING THAT THEY ARE IN PROCESS TO RETURN OUR CASE TO USA, AND RECOMMENDING REVOCATION, WE HAVE BEEN THINKING A LOT ABOUT WHY THEY WOULD COME UP WITH THIS DECISION, AND SINCE THEY DIDN'T DENY US BUT WANTS A REVOCATION, WHICH BASICALLY MEANS THAT THEY WANT US TO START OVER THE PETITION,NOW THE ONLY REASON WE CAN SEE THAT THEY WANTS TO THIS IS BECAUSE MOHSIN AND I GOT ENGAGED IN PAKISTAN WHILE I WAS STILL LEGALLY MARRIED TO MY EX HUSBAND, WHEN I FILED MY DIVORCED I WAS TOLD IT WOULD B FINAL IN ABT 8 WEEKS SINCE IT WAS AN UNCONTESTED DIVORCE, BUT IT TOOK 6 MONTHS INSTEAD, I HAD ASKED MY LAWYER IF I CAN GET ENGAGED AND HE SAID YES, BECAUSE ITS NOT LIKE I AM GETTING MARRIED WHILE I AM STILL LEGALLY MARRIED, ITS ONLY AN ENGAGEMENT, SO WE WENT AHEAD AND DID IT. MY QUESTION TO U GUYS IS CAN THEY REALLY REVOKE THE CASE FOR THIS???? I DIDN'T COMMIT ANY FRAUD.I WOULD VALUE UR OPINION ON THIS.

Hello to you, let me start by saying I do really understand. This has happened to us and it is really bad and hurtful.

some will understand and most will not. But in reality they are right we have both been denied. I have had a hard

time but now I do understand what they are saying. The embasy will not say denied they call it lack of evidance one

way or another. We never knew why ours was sent back but it was. We have alot in common in our storys. We are still

waiting. We should be getting something in writing in the next few weeks, or so USCIS is saying. Not really sure what

to do. I just know we do love each other and want to be together. But by the grace of Allah we will be happy and together

soon..

I will keep you in my prayers and pray you will be together so very soon.

Keep your head up and know we are here together and maybe we can help each other, and keep the others spirit strong.

Love will last a life time....

Love will bring us to our loved ones...

[Sandra G. 5,057]

MOHSIN read what the USCIS says about REVOCATION :

In other instances, the approval of an immigrant visa petition may be revoked upon notice ("revocation on notice") by issuing a Notice of Intent to Revoke (NOIR) to the petitioner. See 8 CFR 205.2. The NOIR will explain the reasons the approved petition should be revoked and will give the petitioner a reasonable period of time to submit evidence to show why the petition should not be revoked. The petitioner must respond within the time allotted. An extension may be granted at the discretion of USCIS if the petitioner needs additional time to obtain documentation from abroad or for other meritorious reasons; however, the petitioner must respond in a timely manner to the NOIR by the stated deadline, and provide a reason for requesting the extra time.

Decision on Revocation

If, based on the evidence received, the USCIS officer determines that the approval should not be revoked, the petitioner will receive a notice advising of the decision to reaffirm the petition. The petition will be returned to DOS's National Visa Center (NVC) for shipment to the appropriate consulate with the USCIS letter of reaffirmation, a copy of the letter of intent to revoke and the petitioner's response. The NVC will then forward the petition to the consular office. The consular officer may accept the petition as valid and adjudicate the visa application to completion, or present to USCIS new evidence that was not previously considered. In the latter case, USCIS will determine whether such evidence supports revocation of the petition.

If the petitioner does not overcome the basis for the revocation, or fails to timely respond, a decision of revocation will be issued to the petitioner on Form I-292. The petitioner may file an appeal on a decision to revoke a petition just as if the petition had been denied originally. All appeals to the Board of Immigration Appeals (BIA), including appeals to revocations, must be filed within 30 days pursuant to 8 CFR 1003.3 and revocation appeals that are submitted to the AAO must be filed within 15 days pursuant to 8 CFR 205.2. Most courts have determined that a final decision by USCIS to revoke an immigrant visa petition is not reviewable.

When a consular officer returns an immigrant visa petition to USCIS for reconsideration and possible revocation, he or she will typically deny the visa application on the basis of INA section 221(g) (temporary refusal of immigrant visa), pending USCIS review of the returned petition. The consular officer may also deny the visa application on another basis, if appropriate. If USCIS later reaffirms the approval of the petition, USCIS will send the petition back to DOS, at which point the consular officer will either accept the petition as valid and adjudicate the visa application to completion, or present USCIS with new evidence that was not previously considered. When a DOS consular officer denies an immigrant visa application, he or she will provide the beneficiary with a refusal letter listing the section of law under which the visa was refused.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=6b3e9c337879d110VgnVCM1000004718190aRCRD&vgnextoid=aa7e89ce45c80210VgnVCM1000004718190aRCRD

[Aneel 3]

Filing for K-1 visa while still being married as they see is unequivocally a serious crime-It's a misrepresentation of facts, fraud, etc..etc... I have had that happened to a close friend of mine. He tried arm and leg to overturn USCIS decision but had no luck. It is a difficult pill to swallow by going against the investigation the USCIS conducted. my thoughts to you : Get married in Pakistan and file a spousal visa. If you truly love the person you want to bring-bond of marriage is stronger than Fiance'. You will waste time and all your efforts trying to overturn decision that is already etched in stone. I think. That's just my opinion!

Edited February 21, 2012 by Aneel

[Sandra G. 5,057]

-

Edited February 21, 2012 by sandranj

[Gaijinsan 3]

Ok no need to get hyper here, we are saying what was told to us by DOS,I was told that we weren't denied,that its recommendation for revocation, its not yet even revoked,The guy at DOS told me that being denied and revoked is two different things.I checked and checked the definition of revocation,

Just to play the semantics game here:

The Department of State (in the form of the consular officer at the embassy) rejected the visa application. And based on their findings at the visa interview, they are further recommending that USCIS withdraw the approved petition that established a qualifying relationship. USCIS will make the final decision on whether or not to revoke the petition, but given that the Department of State is recommending it, you would have to make a very compelling case to prevent that from happening.

[Mohsin786 23]

thanks everyone for your suggestions and thoughts these are indeed very helpful my fiance went to the congressman office this Morning

from the immigration department of congressman office called DOS asked why my case is being sent back they said it shows we don't qualify for the K-1 Visa that is why but the DOS Rep said she aren't sure why this question could be answered by embassy but we were just Predicting that the reason why our case is being sent back because i got engaged in Feb 11 and my fiancee's Divorced was in the process and it was finalized in May and in June 11 we filed for K-1 Do you guys think it could be reason of not Qualify Most Probably or anything else your suggestions will be much Appreciated Thank you

[Mohsin786 23]

Sandranj you are 100% correct, I have contacted the best immigration lawyer yesterday, and he basically told me the very same things that you said,he also told me that my lawyer that I have now can at lest try to push the embassy, and he can get the reason for the revocation, since we still don't know the exact reason, however I haven't given up just yet, on my K1 petition,until I know that the case is still in Islamabad I will fight to keep it there, but once its back at uscis then i plan to withdraw.

[Imagination 15]

Sandranj you are 100% correct, I have contacted the best immigration lawyer yesterday, and he basically told me the very same things that you said,he also told me that my lawyer that I have now can at lest try to push the embassy, and he can get the reason for the revocation, since we still don't know the exact reason, however I haven't given up just yet, on my K1 petition,until I know that the case is still in Islamabad I will fight to keep it there, but once its back at uscis then i plan to withdraw.

At my interview I was told that my case has been suspended and the Embassy will send a request for revocation. What does that mean?

Your petition has been returned to the National Visa Center with a recommendation for revocation. This means that the consular officer who interviewed you had concerns about the relationship that was the basis for the petition. A final determination on your case will be made by USCIS in the United States.

Questions about a case that has been returned with a request for revocation should be referred to the USCIS office where the petition was filed originally. No appeal or reinstatement request will be processed at the U.S. Embassy.

http://islamabad.usembassy.gov/immigrant_visas_faqs.html#10

[Dumb/Dumber 61]

Ok no need to get hyper here, we are saying what was told to us by DOS,I was told that we weren't denied,that its recommendation for revocation, its not yet even revoked,The guy at DOS told me that being denied and revoked is two different things.I checked and checked the definition of revocation,

CO at Embassies can only recommend a petition be revoked. They can not deny it.