Please Help Me with My I-130

[pushbrk 12,822]

But how can USCIS find out that I wasnt present at the time of the Nikaah in Pakistan? Can they track my travel history using passport number?

Also, one more question...If i change the date on the marriage certificate to the real marriage date and re-file will there be any problems?

You have been asked for evidence that you WERE there at the time of the ceremony. You have no such evidence because you weren't there. The burden is on you to provide the evidence, not on them to "find out" you were NOT there.

Tell the truth and re-file. No problem unless you start trying to manipulate things with lies.

[sn530 27]

I think with the posts above and I also agree with everyone.

1. DO NOT FALSIY Documentation!.... Very very BAD IDEA! If you have already done it to minipulate the system.... well be prepared to have more questions ASKED! too bad you dident ask VJ before you sent off the docs.

2. Honesty is the best policy! seriously! The USCIS are not heartless individuals if you honestly explain to them what happend and how it happend they will at the minimum give you the opportunity to explain yourself.... kind of like they already did in the RFE.

[pushbrk 12,822]

I think with the posts above and I also agree with everyone.

1. DO NOT FALSIY Documentation!.... Very very BAD IDEA! If you have already done it to minipulate the system.... well be prepared to have more questions ASKED! too bad you dident ask VJ before you sent off the docs.

2. Honesty is the best policy! seriously! The USCIS are not heartless individuals if you honestly explain to them what happend and how it happend they will at the minimum give you the opportunity to explain yourself.... kind of like they already did in the RFE.

So far, they only made a mistake based on a lack of understanding. There's nothing else to explain. Best to keep it that way.

[mizzUsa 7]

Hello, I need the help of the VJ members with my I-130 Petition. I am a U.S. born citizen and have filed a petition for my Pakistani spouse. I filed in November 2011 at the Chicago Lockbox but the California Service Center is processing my petition. There was no news of my petition but after i made a service request, I got a RFE letter in the mail on 05/29/11. They were asking me to prove I was present in Pakistan during the wedding. Here is my story:

- Never went to Pakistan before

- Had Nikah done over the phone in October 2011, and got married legally.(Proxy Marriage)Beneficiary was present in Pakistan but I was here in California.

- In Novemver 2011, I filed for petition I-130 BEFORE I went to Pakistan and BEFORE i lived with my husband.

- In February 2012, I went to Pakistan, had the wedding ceremony on 02/20/12, and lived with my husband for 2.5 months.

- Came back to the U.S. in May 2012.

- Received RFE on 05/29/12.

- USCIS Case Update: 06/05/12 RFE Response Review

I responded to USCIS on 05/31/12 and they sent me a status update that they received my RFE on 06/05/12 and they are reviewing my RFE response. I have attached the pages of the RFE USCIS sent me and my response letter to them for you all to look at and help me out. Along with the response letter, I sent them 10 photographs of our wedding;Nikah Nama copy in English & Urdu;Copies of passport pages showing stamps of Feb 2012 and May 2012; and Copies of my ticket to Pakistan for the trip Feb 2012-May 2012. Please help me out because I do not have money to pay a laywer to help me with this case. I contacted couple lawyers but they are not willing to help me out without paying. Could you also please answer the following questions for me:

1. How did USCIS find out that I wasn't present in Pakistan during the Wedding. I never told them, I never sent in a passport copy during filing, and its not mentioned in the marriage caertificate? Can they still find out?

2. How long will it take for USCIS to send me a decision about my case?

3.Is it possible for them to send me a second RFE or an interview letter?

4. Will they start from the beginning again as if I have filed anew?

5. Do you think USCIS will accept my petition after looking at the RFE response?

6. If USCIS denies my petition, then what should I do next?

7. If I re-file with the same marriage certificate, (date of Oct. 2011), and documents, then will I have the same problem?

Please help me out as much as possible. Thanks and please pray for me.

[mizzUsa 7]

Hi sorry I dont know why I couldnt upload the letter I got from USCIS as attachment in the post. But here is the link to the letters. Please view them.

http://www.visajourney.com/gallery/displayimage.php?album=lastup&cat=0&pid=31618#top_display_media

http://www.visajourney.com/gallery/displayimage.php?album=lastup&cat=0&pid=31619#top_display_media

http://www.visajourney.com/gallery/displayimage.php?album=lastup&cat=0&pid=31620#top_display_media

http://www.visajourney.com/gallery/displayimage.php?album=lastup&cat=0&pid=31621#top_display_media

[Anh map 2,098]

A month ago you received responses to this question/situation. http://www.visajourney.com/forums/topic/370987-please-help-me-with-my-i-130

You asked then: "how will they know?" This is how they find out. The petitioner must prove that they were present. You will not be able to.

[amberlynnloves 125]

First of all, USCIS is the government. The Feds. They can find out anything they want to. Secondly, why were you not physically present for the ceremony? Is this due to religious reasons? Had you met your husband before hand? Was this an arranged marriage? How did you meet him? These are all questions that the USCIS is looking at. What reasons do you have that you couldn't be married in person. Why did you have to do it over the phone? What was the hurry or rush?

You have to look at things from their prospective. And most importantly, if they deny you, the only thing you can do is appeal. But you certainly should NEVER hide anything from USCIS. That is going to raise more red flags and give you a higher chance of being denied. I would have sent a detailed letter explaining everything in full detail.

If you could answer those questions I asked, it'd help me out more to help you.

[mizzUsa 7]

I was not physically present, first because of religious and financial reasongs. I had never met my husband before. This was an arranged marriage. I saw his picture. He is a relative of mine. I wanted to do it over the phone so I can stay there by my husband til he gets his visa. I wanted to head start on it.

[amberlynnloves 125]

I was not physically present, first because of religious and financial reasongs. I had never met my husband before. This was an arranged marriage. I saw his picture. He is a relative of mine. I wanted to do it over the phone so I can stay there by my husband til he gets his visa. I wanted to head start on it.

I do believe you will have a hard time getting a visa for him because it doesn't appear that that was disclosed at the time of application. You weren't legally married in the governments eyes when you filed the petition. If thats the case, you would have to file a new petition now that you are legally married. I do believe thats how it goes. If I am wrong, I am definitely ok with being corrected. But I am pretty sure thats how it will go.

[pushbrk 12,822]

I was not physically present, first because of religious and financial reasongs. I had never met my husband before. This was an arranged marriage. I saw his picture. He is a relative of mine. I wanted to do it over the phone so I can stay there by my husband til he gets his visa. I wanted to head start on it.

It doesn't matter why you weren't present for the proxy marriage. What matters is that you filed the petition before consummating the marriage. File again with the same marriage certificate and add the evidence that the marriage has been consummated. (That would be evidence of your travel AFTER the proxy marriage and how long you stayed, or that you are still there.)

What you need to do to solve the problem is not going to change with time or by continuing to ask the question. You have your answer.

[Penguin_ie 5,993]

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