USCIS requested the case back from the embassy

[Waitingggg 20]

I tried, but it looks like Carolyn's inbox is full. I am hoping she sees this post and answers here. We gave them everything they asked for: chat logs, plane tickets, photos, visa stamps, family photos, and CDs from the wedding. I have been to Pakistan 3 times in total and I am planning on going in April. We do not have a co sponsor as my income is well above the minimum requirement.

The CO only kept our original nikkah nama and marriage certificate. He said he didn't need any additional evidence. My case status still says AP...if it's being sent back for revocation... Shouldn't it say denied?

You can email Carolyn.. I believe her email address is listed in her profile.

Inshallah it will work out! Just be patience!

[iamwhatiam80 92]

I tried, but it looks like Carolyn's inbox is full. I am hoping she sees this post and answers here. We gave them everything they asked for: chat logs, plane tickets, photos, visa stamps, family photos, and CDs from the wedding. I have been to Pakistan 3 times in total and I am planning on going in April. We do not have a co sponsor as my income is well above the minimum requirement.

The CO only kept our original nikkah nama and marriage certificate. He said he didn't need any additional evidence. My case status still says AP...if it's being sent back for revocation... Shouldn't it say denied?

Let me try to get this right. You first said you called NVC to get status update and now you are saying the CO kept the nika nama.

So the interview happened in the consulate abroad and he is in AP. Did i get it right ? If thats correct, then this means NVC is out of picture.

Dont arrive at conclusion that its up for revocation. Maybe his name is stuck in security.

What did the ISO tell you when you called USCIS ?

[Cathi 5,751]

Let me try to get this right. You first said you called NVC to get status update and now you are saying the CO kept the nika nama.

So the interview happened in the consulate abroad and he is in AP. Did i get it right ? If thats correct, then this means NVC is out of picture.

Dont arrive at conclusion that its up for revocation. Maybe his name is stuck in security.

What did the ISO tell you when you called USCIS ?

No the NVC is not out of the picture if the case was sent back for revocation

[janetusman 33]

Long story short - My petition was filed 12/2011, USCIS approved 10/2012, NVC approved and scheduled the interview 12/2012, Interview was held 01/2013 and we have been in AP since then. I regulary check the website for status updates and we got our first update after the initial after interview updates in September 2013. There were then sporadic updates in Oct and November. We sent an inquiry via congressman in December about the expiring medical and the embassy had us submit a new one. There were a few more sporadic updates in Janaury and then nothing until today 3/5.

DOS no longer takes inquiries on immigrant visa (they handle non immigrant inquiries only now). All inquiries on immigrant visas are handled by NVC. When I called this morning they said "USCIS has requested the case back". After speaking to my attorney who said that USCIS does not request files back unless its initiated by the State Department or the embassy, has said that the most likely scenario is that the background checks came back clean and they have no other reason to deny the visa but to say that the marriage is not bona fide. My congressman liason came back and told me that cases are getting regularly sent back from this embassy for non bona fide relationship. Right now there is an inquiry in to the embassy via the liason to see what is going on.

When I called USCIS, they said they do not request cases back, but if the file is on the way back to them it takes them a minium of 120 days to process. I am hoping to get some more answers through my congressman.

So sorry for the long post, but it helps me deal with this just talking about it.

Thank you for listening.

Edited March 5, 2014 by janetusman

[aqsaz 0]

i belive if its 1 year since you are interviewd and AP and u have not contact the consulate within that year your case is closed and sent back to USCIS. it looks like this is what happen in your case.

Long story short - My petition was filed 12/2011, USCIS approved 10/2012, NVC approved and scheduled the interview 12/2012, Interview was held 01/2013 and we have been in AP since then. I regulary check the website for status updates and we got our first update after the initial after interview updates in September 2013. There were then sporadic updates in Oct and November. We sent an inquiry via congressman in December about the expiring medical and the embassy had us submit a new one. There were a few more sporadic updates in Janaury and then nothing until today 3/5.

DOS no longer takes inquiries on immigrant visa (they handle non immigrant inquiries only now). All inquiries on immigrant visas are handled by NVC. When I called this morning they said "USCIS has requested the case back". After speaking to my attorney who said that USCIS does not request files back unless its initiated by the State Department or the embassy, has said that the most likely scenario is that the background checks came back clean and they have no other reason to deny the visa but to say that the marriage is not bona fide. My congressman liason came back and told me that cases are getting regularly sent back from this embassy for non bona fide relationship. Right now there is an inquiry in to the embassy via the liason to see what is going on.

When I called USCIS, they said they do not request cases back, but if the file is on the way back to them it takes them a minium of 120 days to process. I am hoping to get some more answers through my congressman.

So sorry for the long post, but it helps me deal with this just talking about it.

Thank you for listening.

[janetusman 33]

Nope...we have sent inquiries via the congressman and my attorney throughout the year. In December we asked the embassy about his expired medical and they told us to submit a new one.

[JRF 117]

OP...I am very sorry I don't have any advice. I will say however I wish you and your husband the best of luck. You've been through a lot, yet your posts are rationale and balanced. For those who cannot bear to be separated from their loved one another month...they should check out your case and think about what it really means to be patient.

Off my soapbox. And, again, best of luck.

[carolynhotstuff 252]

Are you a Christian and your husband Muslim? The embassy might try to say that you are not legally married. If you got married at the court house they would be correct but if you got married at home or wedding hall then they are wrong, They say in Pakistan it is not legal for a non Pakistani Christian to marry a Pakistani Muslim. You must provide proof with your marriage certificate that you are a Muslim to the Union Counsel. I believe it is a certificate that shows you became a Muslim of your own free will. The embassy tired to say that my husband and I were not legally married so I got an immigration lawyer to research it and turns out we were legally married under religious law. We also got a letter from the Union Counsel stating we were legally married.

I only bring this up because you said the embassy kept your marriage certificate. You will not know the reasons for sure until you get the Intent to revoke letter from USCIS.

[FZSA 23]

He is right , If one of you is Muslim and other Christian then may be they are not satisfied with this relation or marriage ...

Specially in Pakistan/Islamabad Embassy it is very hard to justify

[kssette 30]

He is right , If one of you is Muslim and other Christian then may be they are not satisfied with this relation or marriage ...

Specially in Pakistan/Islamabad Embassy it is very hard to justify

They may not be satisfied with it but in Islam it is allowed for a Muslim man to marry a Christian or Jewish woman. I is NOT allowed for a Muslim woman to marry outside her religion. It sounds more like a stall tactic to me and if they have presented enough evidence of a bona fide marriage this couple has waited long enough to be united. An age difference was mentioned but not how big an age difference. Maybe that is the reason for the hold up. I could be wrong.

Edited March 6, 2014 by kssette

[iamwhatiam80 92]

Long story short - My petition was filed 12/2011, USCIS approved 10/2012, NVC approved and scheduled the interview 12/2012, Interview was held 01/2013 and we have been in AP since then. I regulary check the website for status updates and we got our first update after the initial after interview updates in September 2013. There were then sporadic updates in Oct and November. We sent an inquiry via congressman in December about the expiring medical and the embassy had us submit a new one. There were a few more sporadic updates in Janaury and then nothing until today 3/5.

DOS no longer takes inquiries on immigrant visa (they handle non immigrant inquiries only now). All inquiries on immigrant visas are handled by NVC. When I called this morning they said "USCIS has requested the case back". After speaking to my attorney who said that USCIS does not request files back unless its initiated by the State Department or the embassy, has said that the most likely scenario is that the background checks came back clean and they have no other reason to deny the visa but to say that the marriage is not bona fide. My congressman liason came back and told me that cases are getting regularly sent back from this embassy for non bona fide relationship. Right now there is an inquiry in to the embassy via the liason to see what is going on.

When I called USCIS, they said they do not request cases back, but if the file is on the way back to them it takes them a minium of 120 days to process. I am hoping to get some more answers through my congressman.

So sorry for the long post, but it helps me deal with this just talking about it.

Thank you for listening.

I feel so sorry for this. Trust in God and have faith. Right now your only hope is your congressman or senator. I dont think your case has been denied. There is something fishy going on here. Usually if they deny, it wont take so long to say you are denied. Just my opinion.

[janetusman 33]

No, I converted to Islam before we were married and I live here in the US as a muslim. I sent in a copy of the certificate given to me by my local Islamic center. I signed my nikkah at home, he signed his at the mosque. We had our reception at home and our walima at a wedding hall.My husband joked that we had a small wedding with 100 people at the reception and 250 people at the walima. Which is small over there, but huge by US standards. Kssette is correct, Islam does allow a man to marry a non muslim so for the embassy to say you were not married simply because you (Carolyn) are Christian is a mistake on their part.

Yes, there is a large age difference between us 13 years to be exact.

[janetusman 33]

OP...I am very sorry I don't have any advice. I will say however I wish you and your husband the best of luck. You've been through a lot, yet your posts are rationale and balanced. For those who cannot bear to be separated from their loved one another month...they should check out your case and think about what it really means to be patient.

Off my soapbox. And, again, best of luck.

Thank you JRF

I feel so sorry for this. Trust in God and have faith. Right now your only hope is your congressman or senator. I dont think your case has been denied. There is something fishy going on here. Usually if they deny, it wont take so long to say you are denied. Just my opinion.

I am just hoping that there is some kind of mistake. Unfortunately for this embassy, it is not unusual for long APs to end in a denial. There are a few members on this forum that have had the same thing happen to them.

[A and F 24]

I dont think 13 years is a big age difference because Pakistani society is not like the one in 1970s or 1980s. In Pakistan I myself have seen people getting married with older women and such marriages are common in families where cousin marriages take place. Age difference or a Muslim man marrying a christian woman is not a red flag if you ask me.

[A and F 24]

And one more thing. I have seen here on Visajourney, CHRISTIAN women marrying Muslim guys from Pakistan and they are living in the States. They are still Christian and visiting Pakistan to meet their in laws. You tell me yourself that do you expect from any Amerian female coming to Pakistan, risking her life, spending huge amount of money with an intention to get married and live with her husband, would deliberately make a blunder by getting married in such a way which would make her marriage CHALLANGABLE in US immigration system. I guess NOT and this is known by Embassies all over the world. Since ages, everyone knows that muslim guys can get married with women from JEWS and CHRISTIANS if you talk about marriage on the basis of religion.

In Pakistani society, once a marriage is celbrated publically, gives a clear cut message that it is socially, culturally, religously and morally right action. I guess US Embassy should never make "marriage on religious grounds" an issue as it is enough evidence that not only Islam allows it but also society accepts it wholeheartedly.

Regarding age difference, CAROLYNHOTSTUFF is prime example as you can see she has grown up kids living seperately and her husband got a visa. In Pakistani society a Pakistani guy getting married with a white woman MAY NOT be a red flag but a Pakistani guy marrying a black woman CAN be a red flag. Today we see people having kids and a very little age difference ending up in divorce and its very common in PAKISTAN.

So I would say, no matter what a person from the US working in American Embassy in Islamabad is thinking, or whatever he or she has been told about Pakistani "CULTURE", Pakistani society is a big society of 190 million people with so many different traditions, races, norms, class difference and languages. It might be an oppression and slave driving mentality if someone wants to torture a married couple but not justice, that he/she is making excuses of age difference, ethnicity, religion etc a reason to perceive marriage as not in good faith.

Therefore my message to all of you is, dont guess as every case is variable. You dont konw what embassies are doing as they are all professionals.

Edited March 6, 2014 by A and F