K1 Revoked Refiling for CR1

[Mohsin786 23]

hello everyone my K1 Visa has returned to USCIS with recommended of revocation my USC fiancee is currently is in pakistan. and our wedding date has been fixed this Month and once we get our marriage certificate we will File for i-130. i need to know without withdrawing K1 visa we intended to file for CR1 since USCIS suggested these two petitions are totally different i can file for CR1 simultaneously. and also our attorney whom we hired before was inexperienced this time we have a big lawyer who is doing all our paperworks because this time we don't want any problems. so i need your suggestion,is it a good idea not to withdraw the K1 and file for CR1? and also we are filing in June we got engaged in pakistan in feb 2011 and getting married now in May 2012 we don't know the reason for the revocation i got my documents and passport back from the American express courier service also wouldn't it be a problem right after marriage we will file for it thanks for your suggestions in advance.

[Penguin_ie 5,996]

You need to withdraw the K1 petition, but most of all, you need to find out why you were denied. Filing a spousal visa isn't going to make the denial reason for the K1 disappear.

[Mohsin786 23]

my senator made an inquiry to department of state in reply the CO said the information he received from me. USCIS was unaware of it they never said they doubted over our relationship. we met each other six times in 3 years of time. 3 times abroad and 3 times in pakistan and had plenty of evidence all we are ambiguous about they might think we are likely married because the video snaps pics we have showed to the CO he kept them and i had put my last name with my fiancee's first name .

[talean nawaz 41]

my senator made an inquiry to department of state in reply the CO said the information he received from me. USCIS was unaware of it they never said they doubted over our relationship. we met each other six times in 3 years of time. 3 times abroad and 3 times in pakistan and had plenty of evidence all we are ambiguous about they might think we are likely married because the video snaps pics we have showed to the CO he kept them and i had put my last name with my fiancee's first name .

Mohsin,

I think you are right that they may believe you are married. I have your fiance as my friend on facebook and I looked at your engagement photos. Mashallah, those pics are amazing and beautiful, but the first thing I thought when I saw those pics was that these look like wedding pics... same color of bride dress on pakistani marriages and everything. Good luck!

[sulhaq 60]

It appears from your facebook pictures (according to the poster above me), that you indeed performed Nikah instead of being engaged. I am not accusing you of lying, however, this is what the CO was convinced of at your interview and is exactly what he will have put as the reason for revocation for your petition. USCIS will be aware of this when they get your application back.

To top this all off, your "fiance" has taken YOUR LAST NAME. This is a HUGE NO-NO. Name changes are performed after getting married, not engaged. By changing her maiden name to your last name, your fiance is essentially confirming, beyond all reasonable doubt, that she is married to you.

In light of all evidence above, I suggest you prepare yourself to answer some tough questions when you file your I-130 petition. Although rare, I have read threads about people who did this being barred from the U.S. forever. They filed for K1, got denied, then re-filed for CR1 and during the interview phase they were denied again, permanently, on grounds that they lied to USCIS on their previous application by claiming to be engaged when they were actually married.

Be careful and prepare well. Good luck.

[EAbbas 213]

It appears from your facebook pictures (according to the poster above me), that you indeed performed Nikah instead of being engaged. I am not accusing you of lying, however, this is what the CO was convinced of at your interview and is exactly what he will have put as the reason for revocation for your petition. USCIS will be aware of this when they get your application back.

To top this all off, your "fiance" has taken YOUR LAST NAME. This is a HUGE NO-NO. Name changes are performed after getting married, not engaged. By changing her maiden name to your last name, your fiance is essentially confirming, beyond all reasonable doubt, that she is married to you.

In light of all evidence above, I suggest you prepare yourself to answer some tough questions when you file your I-130 petition. Although rare, I have read threads about people who did this being barred from the U.S. forever. They filed for K1, got denied, then re-filed for CR1 and during the interview phase they were denied again, permanently, on grounds that they lied to USCIS on their previous application by claiming to be engaged when they were actually married.

Be careful and prepare well. Good luck.

They only did an official engagement and had pictures taken they didn't do Nikah at all and she did not change her name she out put his last name on her oovoo chat as an Id name for the chat she did not formally Change her name because they were not married her last name now is what it was ten years ago it was simply an Id name for her chat that she changed

It's very common for the engagement to be as formal as the Nikah and valima as you know it seems it was perceived as a wedding but wasn't and we all know that for the embassy a lot of what they go on is perception

So to correct this because they are not married yet they are withdrawing the k1 and doing Nikah and filing cr1

Still need to be sure as to why they were sent back and be sure to withdraw the current petition before filing the new one

Edited May 10, 2012 by EAbbas

[talean nawaz 41]

They only did an official engagement and had pictures taken they didn't do Nikah at all and she did not change her name she out put his last name on her oovoo chat as an Id name for the chat she did not formally Change her name because they were not married her last name now is what it was ten years ago it was simply an Id name for her chat that she changed

It's very common for the engagement to be as formal as the Nikah and valima as you know it seems it was perceived as a wedding but wasn't and we all know that for the embassy a lot of what they go on is perception

So to correct this because they are not married yet they are withdrawing the k1 and doing Nikah and filing cr1

Still need to be sure as to why they were sent back and be sure to withdraw the current petition before filing the new one

I'm not saying they did a nikkah, I believe them... but with the pics and using the last name of her fiance (even not formally changed), the CO may have perceived them to be married... and yes, engagements can be formal, but the woman would not usually wear the red/maroon color of dress that the brides usually wear for nikkah... of course it is up to them what color to wear on whatever special occasion they celebrate. It shouldn't really be up to the CO... the only thing I'm saying is that CO's take culture into account and may have mistakenly perceived them as having been married.

They should be given the reason for denial and be able to answer for it, rather than just coming to that conclusion... but this is Islamabad we are talking about... or as I like to call it, inconsistency central!

[EAbbas 213]

I'm not saying they did a nikkah, I believe them... but with the pics and using the last name of her fiance (even not formally changed), the CO may have perceived them to be married... and yes, engagements can be formal, but the woman would not usually wear the red/maroon color of dress that the brides usually wear for nikkah... of course it is up to them what color to wear on whatever special occasion they celebrate. It shouldn't really be up to the CO... the only thing I'm saying is that CO's take culture into account and may have mistakenly perceived them as having been married.

They should be given the reason for denial and be able to answer for it, rather than just coming to that conclusion... but this is Islamabad we are talking about... or as I like to call it, inconsistency central!

I agree with you talean I was actually replying to salhaq... the perception was they were married and they didnt lie to the CO... they were only engaged salhaq had said they did nikah and I think he meant formal name change instead of just a chat id and I was simply correcting the facts to Salhaq comments...

Yes I too think the CO thought they were married..She and I have spoken and when I also saw the pictures I too thought they were very similar to wedding pics etc and along with the chat id possibly caused them to think they were already married... so if we thought that even though we know they aren't married then it would be easy for the CO to think the same

Edited May 11, 2012 by EAbbas

[Mohsin786 23]

Hi everyone,,, and Emmy thank so much for clearing that up to everyone, although I do see their point,the pics does look like wedding pics, but we know that we are not married, I am not a pakistani, so I am not aware, that you are not allowed to wear certain clothes for engagement, Mohsin and his parents all approved of the clothes that I was wearing, but not to worry, now we are getting married,and whatever questions the CO will have for Mohsin or me, we are both ready, when you dont have anything to hide no question is too hard, our marriage certificate and other documents will show when we got married, and Emmy I think Adil is helping Mohsin to set up the conversion.Talean and Sulhaq,I appreciate your advise and ur input but Inshallah I think everything will be ok, and you are right abt Islamabad you never know wht to expect from them.And yes when we file the CR1 our lawyer will send in a formal letter about the K1 as we were advised by USCIS to do, also we will reply to any notice we will receive, and we wouldnt stop trying to get an answer as to why our case was returned,, And Sulhaq, I didnt change my name, it was just something my Fiance did with no wrong intention, by making an Oovoo id for me with his last name, but we also know now that it wasnt a good idea.