USCIS requested the case back from the embassy

[janetusman 33]

Latest update from the congressman:

I received a response from the Embassy, but I have not yet received one from the CSC. Here is what the Embassy said:

Thank you for contacting the Immigrant Visa Unit. We received word from the National Visa Center on March 5^th that USCIS was requesting the file be returned to them. We will be sending the file back to NVC through the diplomatic pouch in the next few days and any original documents or passports in the file will be returned to the applicant through the Embassy’s courier service. Alas, we have no information as to why USCIS requested the file be returned to them.

What the heck is going on?? Did USCIS request the wrong file back?

[janetusman 33]

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.

I think another issue is that there is a difference between CULTURE and RELIGION and the embassy does not make that distinction. Because culturally we come from similar backgrounds as I am Asian and we have the same views on family and such.

Edited March 6, 2014 by janetusman

[A and F 24]

Janet If you dont mind, may I ask you what is your age and the age of your husband. Actually age difference of 13 years is not a big deal if both husband and wife are mature. For example, if husband's age is 33 and wife is above 45, that age difference is not material. However for a guy of 20 years, if his wife is 34, no doubt that is a huge age difference because of their age groups.

When we submitted our petition, we got RFE from USCIC which was a huge concern for us. So many days of restlessness for me and my wife and we submitted evidence to prove it as a bona fide marriage. But in your case, I guess USCIS forgot that step LOL so they want to "add back" that step. Its just a wild guess.

Dont worry sister, I am pretty sure that you wont be discriminated on the basis of anything.

[janetusman 33]

When we got married I was 37 (few weeks before I turned 38) and he was 25. Now I am 40 and he is 27. My husband may be young in age, but is mature beyond his years.

We got an RFE from USCIS and provided them a packet of everything they asked for.

Edited March 6, 2014 by janetusman

[A and F 24]

Did they ask you at any stage to prove your marriage as "BONA FIDE" by sending evidence of joint sharing of properties, joint ownership of assets, your name as his wife on his official or legal documents, joint bank accounts etc.

Also embassy asks for the employment of beneficiary, education qualification and above all they observe english language proficiency to name a few. Actually in Pakistan it is rare though not impossible for guys to get married in their mid 20s unless they are very sound financially. But again we can only guess.

I guess USCIS is giong to ask you to prove that your marriage is bona fide and burden of proof is on you.

[janetusman 33]

They asked for proof of our relationship (photos, chat logs, plane tickets, copies of my passport showing entry and exit stamps, etc). We do not have a joint bank account because I don't know how to add him to my account without him being here to sign the papers. However, we did get him an ITIN and have filed taxes together for the last three years.

My husband has a bachelors degree in commerce and I hold a bachelors in MIS and a masters in accounting. He is fluent in english as well. Money is not the issue, I work for a global corporation as a systems analyst and I make well above the minimum financial requirements. At the time my husband was unemployed, but now he is working for an outsource company in Pakistan.

[A and F 24]

I guess this is the core issue in your case. For a Bona Fide relationship, you dont just need photographs and CDs.

If you look at the examples of EVIDENCES for Bona Fide relationship, they would ask for monetary benefits flowing from one to other. Like you and him buying property in Pakistan together which I guess is not impossible. Arent there any banks in the US which allow foreigners to open bank accounts? Remember, you earn way above poverty line and you both coud sell the property bought in Pakistan.

Maybe you have had sent him money if he is jobless so he could increase his educational qualification. Such things I guess are not visible in your case. Its not your degree, its his eductional achievements that embassy is more interested in. He could have completed Masters in Computer Science or something like that during these 2 years if he is jobless and if you would have helped him since you say you make a lot. I guess these are BIG RED FLAGS in your case. You do know that your husband wont like to do odd jobs once in the US rather he would like to do dignified jobs especially some kinda desk job. So with mere B.Com which people do without any hard work, where would he be standing in the US where competition is very tough? Maybe he doesnt know that but you do know that how much a higher educational qualificaion is worth in the US. But again these are my own understandings.

Also in NADRA record, he must have added your name as his wife. I mean there are many legal and professional documents where such things come into consideration. It is a very strong argument that you are still in your fertile age so why dont you both have a child together?

I would say for my wife, I can sacrifice anything and she too can sacrifice anything. In fact my wife has always helped me in every way whenever I needed. This is because we both love each other and dont care for materialistic things. So wait and see what USCIS would say to you.

[janetusman 33]

When he was jobless I did send money to help the family, but now that he has a job there is no need to. I sent them all of that too. We have also filed taxes here in the US for the last three years.

The plan was for him to go to college here and obtain a masters.

We want to have a child, but I get very sick during my first trimester of pregnancy and to be honest I don't want to have a child alone. It shouldn't be a requirement that we have children to prove we have a relationship. And to be honest...and this may be too much information, but how do they expect me to get pregnant if I am only seeing my husband 2 weeks out of a year? Knowing how hard it is to raise a child alone...is that really a realistic expectation they should set on me?

[A and F 24]

Its very complicated issue i guess. But I would hope that there wont be any discrimination whatsover. Lets see what USCIS would say to you.

[janetusman 33]

At this point I am hoping its a mistake...still waiting to hear back from USCIS through congressional liason.

[christeen 966]

Not sure if I have any info, but I know the wait to straighten things out is torture... Be strong, hopefully there is a reasonable explanation... Good luck

[janetusman 33]

Update on my case...my congressman just got this message back from CSC:

"We have contacted the National Visa Center (NVC) for an update on the above referenced case. The case is currently at the Embassy in Islamabad. It will be transferred to the NVC then forwarded to the San Francisco District Office. In speaking with the NVC they have indicated the case was requested back by the San Francisco District Office. You may want to allow about 30 - 45 days then forward your query to the San Francisco District Office."

Maybe they are going to do a field investigation? Anyone have any experience with this?

[Aisha& Wajid 10]

Do you know how long it will take to get the letter?

160 days to get letter.we pass through this and still waiting for second interview.We send all these things case reaffirmed and still waiting embassy to contact us its now more then 7 months in integral Ap

Edited March 14, 2014 by Aisha& Wajid

[janetusman 33]

We still do not know if our case was sent back by the embassy or was called back by USCIS, our service centre was in Sacramento that processed our case but our case was called back by San Francisco office. So we have to wait 120 days to find out what is going on. Till then we can only speculate, since no one seems to have an answer to this.

[janetusman 33]

So the update on my case is that it was returned to the San Francisco field office and then forwarded to my local field office. Finally my congressional liasion was given the direction to have me make an appointment to bring in all the paperwork that was returned to my husband at his interview. I had my appointment today and surprisingly they were very helpful and pleasant. They told me that it was strange that they returned all of the paperwork to my husband and they took everything from me. I asked them if my case was sent back for revocation and they said it was under "extended review" and there are no notes about revocation. The woman at the window then started asking me questions about how we met, how many times have I visited, etc. I answered them and then she asked me to write it all up. I told her that all of that information is in the paperwork I gave back to her. I also handed her 9 months of fresh chat logs and copies of my last 3 plane tickets with the passport stamps. She said that it would take 30-60 days for the officer to review and he would contact me if they need any more information.

Part of me is relieved that it was not sent back for revocation, but I still feel like I am going through that process and they are just calling it "extended review". I just hope that this is the final step and we will see something positive in the next two months.