Wife denied Visa - non-petitionable relationship ****PLEASE HELP****

[SmilesAbroad 27]

If I am reading this correctly, you knew her for 1 day after an introduction to a marriage broker, and based your marriage on THAT?

This is common marriage procedure in Pakistan and in fact the embassy tends to grant visas to pakistanis who have arranged marriages more easily than those who do love marriages. Please understand there are large cultural differences when posting...

[Mark + Melissa 49]

This is common marriage procedure in Pakistan and in fact the embassy tends to grant visas to pakistanis who have arranged marriages more easily than those who do love marriages. Please understand there are large cultural differences when posting...

I understand the concept of arranged marriages, but one day? Where's the relationship proof, which is what is being questioned. Meet someone for 1 day, marry them, what possible proof could he have?

[SmilesAbroad 27]

I understand the concept of arranged marriages, but one day? Where's the relationship proof, which is what is being questioned. Meet someone for 1 day, marry them, what possible proof could he have?

My parents-in-law and many parents of the current pakistani generation have married and met each other only on the day of the wedding and contract signing. My sister-in-law also married this way. That is the normal way to marry, and not doing so actually gives embassy here some concern that its a marriage for immigration purposes since a minority of pakistanis marry the "American" way. The point of relationship proof is to prove to the embassy that your marriage is real and not a scam. So, the embassy instead looks at how the marriage was arranged, and if the arrangement looks normal by pakistani standards, they accept it as a real marriage. Traditional arranged marriages do not normally break up because of the huge effect it would have on the couple and their own families. The embassy here is well aware of all of these cultural factors in judging the validity of a marriage. They do their job.

[Apple786 5]

I understand the concept of arranged marriages, but one day? Where's the relationship proof, which is what is being questioned. Meet someone for 1 day, marry them, what possible proof could he have?

They want on going proof of relationship. I have daily call logs, skype logs, email logs, sms logs, money transfer logs (sent wester union of $500 every month) , gifts sent, phones, gadgets, receipts for mail with fedex and tracking number along with 500+ people that attended the wedding of which some I am providing affadavits of.

[pushbrk 12,979]

They want on going proof of relationship. I have daily call logs, skype logs, email logs, sms logs, money transfer logs (sent wester union of $500 every month) , gifts sent, phones, gadgets, receipts for mail with fedex and tracking number along with 500+ people that attended the wedding of which some I am providing affadavits of.

Yes, that would be the kind of evidence they are looking for. Usually, I recommend against showing evidence of the US Citizen sending money to the foreigner. This would be an exception, because it shows evidence to contradict the idea that her family is using your family to get her to the USA. Money would flow the other direction, if that were the case.

You would be wise to arrange to spend some significant time together in person, as husband and wife.

Edited August 23, 2012 by pushbrk

[SmilesAbroad 27]

By the way have you and your wife done a rukhsatee of sorts, suhaag raat and offered a walima dinner? Obviously consummation is required to apply for this visa and if they asked a question to your wife and felt that it has not happened yet, this could have been the reason she labelled it "non-petitionable". I know another pakistani american and his wife recently had a problem with not having consummated the marriage since they were waiting to complete these traditions in the USA when she arrived. The CO didn't express this reason clearly when she held the case, thus causing them confusion. Maybe when she asked questions about your "house" she thought your wife's answer meant she had not been there nor consummated the marriage? Just a thought.

[Aisha& Wajid 10]

It was the same lady that took my interview as well , she wwas rude and the same way did'nt look on any proof that I brought .....WTH >.<

i AGREE ITS THE SAME LADY WHO TOOK MY INTERVIEW AND SHE WAS VERY RUDE AND ALSO DENIED ME.

[pushbrk 12,979]

By the way have you and your wife done a rukhsatee of sorts, suhaag raat and offered a walima dinner? Obviously consummation is required to apply for this visa and if they asked a question to your wife and felt that it has not happened yet, this could have been the reason she labelled it "non-petitionable". I know another pakistani american and his wife recently had a problem with not having consummated the marriage since they were waiting to complete these traditions in the USA when she arrived. The CO didn't express this reason clearly when she held the case, thus causing them confusion. Maybe when she asked questions about your "house" she thought your wife's answer meant she had not been there nor consummated the marriage? Just a thought.

It's a good thought. I wonder if it applies.

[heartandsoul 4]

I am sorry to hear this. It sounds like it might be the same CO that denied all of us in June. Our cases were sent back within 2 weeks so please don't waste any time sending in what they request. Best of luck to you and your wife. I hope that you can resolve it before it is sent back.

[heartandsoul 4]

This is common marriage procedure in Pakistan and in fact the embassy tends to grant visas to pakistanis who have arranged marriages more easily than those who do love marriages. Please understand there are large cultural differences when posting...

I have to highly agree with this. If you are a Pakistani male married to an American women for love they are very hard on you because they always assume first that it is for immigration purposes. For that reason, anyone that is starting this process married to an American women needs to find a way to spend as much time together as possible and document everything for proof. Arranged marriages get approved much easier because of the culture.

[Aisha& Wajid 10]

no my marriage is completely arrange but they give me the same code and as par you say that they send within 2 weeks then why the hell they hang us in the wait game dont they have families or dont they have heart why we,why we,why we

[SmilesAbroad 27]

I have to highly agree with this. If you are a Pakistani male married to an American women for love they are very hard on you because they always assume first that it is for immigration purposes. For that reason, anyone that is starting this process married to an American women needs to find a way to spend as much time together as possible and document everything for proof. Arranged marriages get approved much easier because of the culture.

And this hard look at love marriages is the very reason why I am currently living in Pakistan with my husband instead of waiting in the USA and saving up money for us We could have tolerated living apart for 14 months or so, but that seemed like a long shot. I'm hearing more and more about other women who are also making plans to come to Pakistan because of the longggggggg wait from Islamabad embassy.

[Aisha& Wajid 10]

Senator send us the reply which she got from the embassy in which they mention that i myself misrepresent my case my petition is non petition able and i misrepresent my marital status and my relation with my husband mean petitioner. Dont know now what to do as my husband call NVC but they said that they didn't receive any file of us.I dont know what happen and what will be our next step

At the time of interview i show them Marriage album,Nikkahnama(both in English and in Urdu) And all those document which they ask but all these things did not satisfied them. We do by all our traditions.Now my husband came last month and spend time with me now what else they want God knows.

Yes this time ruksati and suhgraat with honeymoon every thing now done.What else eveidence do they need now.We both think that that we should submit our petition from start.Mean we should file again I-130

[Ryan H 3,813]

We both think that that we should submit our petition from start.Mean we should file again I-130

If you were denied a visa and the file is being sent back to USCIS, filing a new petition will do nothing to overcome this denial. USCIS will receive the current file back and either reaffirm the petition or send you a Notice of Intent to Revoke (NOIR). If you receive an NOIR, you will have to respond to the specific points in the notice. Failure to properly respond to an NOIR will result in the petition being revoked. If the original approval of the petition is reaffirmed, it is not a guarantee that a visa will be issued. Additionally, if the petition is revoked, you would have to go through the appeals process, filing a new petition would not be an option.

Edited September 2, 2012 by Ryan H

[pushbrk 12,979]

If you were denied a visa and the file is being sent back to USCIS, filing a new petition will do nothing to overcome this denial. USCIS will receive the current file back and either reaffirm the petition or send you a Notice of Intent to Revoke (NOIR). If you receive an NOIR, you will have to respond to the specific points in the notice. Failure to properly respond to an NOIR will result in the petition being revoked. If the original approval of the petition is reaffirmed, it is not a guarantee that a visa will be issued. Additionally, if the petition is revoked, you would have to go through the appeals process, filing a new petition would not be an option.

There's one way possible the above explanation MIGHT not be correct. This is a complicated one. The relationship must be a petitionable one at the time the petition was filed, in order to reaffirm or win an appeal. If the relationship was NOT petitiionable before filing but is now, a revocation can be followed by a new process begun by filing a new I-130. In that case the revocation would be "without prejudice" allowing for new petition.

The OP has not been entirely clear about this but in appears to me the consulate has deemed the relationship not petitionable because the marriage was not consumated. IF, IF, IF, that is the case, the scenario I describe above would apply.

There are also other situations under which one could successfully start a new process without appealing the old one.

Edited September 2, 2012 by pushbrk