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Posted (edited)

We got an update on our case, which had been sent back to Nebraska by the US Embassy in Pakistan. It says:

 

Revocation Notice Was Sent

On November 15, 2017, we revoked the approval of your case, Receipt Number ********, and mailed you a revocation notice. It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials.....

 

What does this mean for us? Does this mean that they agreed that we should be denied our visa? Is this hopeless now? I just can't imagine why they are turning us down???? I am sooooo sad. Does this mean that we won't get a second interview??? Why would they approve it the first time, then revoke it at Nebraska when nothing has changed?

 

Edited by Love To Teach
Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted

Really hope this helps. 

 

30.10 Termination of Approval (Revocation of Approval of Petition).
 

There are two different procedures under which the approval of an H, L, O, P, or Q nonimmigrant petition may be revoked by USCIS : automatic revocation and revocation upon notice. In addition, a decision to approve or deny a petition may be reopened or reconsidered under the provisions of 8 CFR 103.5 .
 

(a) Automatic Revocation 
 

A petition is automatically revoked if the petitioner goes out of business or files a written withdrawal of the petition. Place a copy of the evidence on which the automatic revocation is based in the relating file(s) and the annotate the petition to show that it has been revoked. An automatic revocation does not require notice to the petitioner or the beneficiary and may not be appealed. 
 

(b) Revocation Upon Notice 
 

If automatic revocation is not appropriate, the approval of a nonimmigrant petition may be revoked under certain circumstances and upon appropriate notification to the petitioner (who then has an opportunity to rebut the alleged reasons for revocation). A notice of intent to revoke will be sent if any of the following occurs:
 

·     The beneficiary is no longer employed by the petitioner in the capacity specified in the petition, or if the beneficiary is no longer receiving training as specified in the petition;
 

·     The statement of facts contained in the petition was not true and correct;
 

·     The petitioner violated terms and conditions of the approved petition;
 

·     The petitioner violated the requirements of section 101(a)(15)(H), (L), (O), (P) or (Q) of the Act or of 8 CFR 214.2 (h), 214.2(l), 214.2(o), 214.2(p), or 214.2(q), as appropriate; or
 

·     The approval of the petition violated the provisions of 8 CFR 214.2 (h), 214.2(l), 214.2(o), 214.2(p), or 214.2(q), as appropriate, or involved gross error.
 

The notice of intent to revoke shall contain a detailed statement of the grounds for the revocation, shall state whether USCIS intends to revoke the petition in whole or in part (and if in part, which part(s)), and shall advise the petitioner of his or her right to review and/or rebut the allegations upon which the intended revocation is based within 30 days of the date of the notice. (“Revoked in part” means that the approval is revoked with regard to one or more, but not all, of the beneficiaries of a multiple beneficiary petition, or with regard to one or more, but not all, of the proposed employment sites or events listed in a multi-site/event petition.) The petitioner may submit evidence in rebuttal within 30 days of receipt of the notice. The director shall consider all relevant evidence presented in deciding whether to revoke the petition in whole or in part. If the petition is revoked in part, the remainder of the petition shall remain approved and a revised approval notice shall be sent to the petitioner with the revocation notice. A decision to revoke a petition, in whole or in part, may be appealed to the Office of Admin istrative Appeals.
 

There is a similar provision for automatic termination of a fiancé(e) petition if the petitioner dies or withdraws the petition prior to the beneficiary's arrival in the United States.
 

30.11     Adjustment of Status to Nonimmigrant. [reserved].
Filed: K-1 Visa Country: Wales
Timeline
Posted
13 minutes ago, cd37 said:

Details of your case would be helpful to people here to respond. 

Agree

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

I feel like I have told this a million times and don't want to bore you to death. Here is our case: I am 66, he is 50. We have known each other almost 7 years. I have made 8 trips to see him, one since his interview. We had 6.5 pounds of evidence. I didn't want to go all the way to Pakistan at first, took 2 years of friendship before I would meet him. I had no intention of marrying anyone or even having a special friend. We met in Serbia (a halfway place and just by deciding a place randomly). This is where we met 5 times. He lived there for 3 years. Then when all the migration started, they would not give him another visa unless we put 15,000 in the bank, which we refused to do. This after having a good business there for 3 years with no problems. So he moved back to Pakistan. I went and visited him on our 6th visit, and we got married. I have been back twice to visit him since we got married, the last time this Sept.

 

The questions at his interview were standard. Then he was taken into a second room where the Pakistani man who had listened to him talk to the first interviewer lit into him. He smirked and said she has been married 4 times, you are the 5th? He said yes. The man said in Urdu, "A US visa isn't everything." He was treated very disrespectfully, but that's all that was said as far as anything negative. He wasn't accused of anything, and neither was I. The Pak guy just aid a couple of times about my divorces. I was married twice before I was 30 for a short time, then was married for 23 years, where he had a midlife crisis and left, would not work on our marriage. I brought a Moroccan over on a K1. We divorced when he assaulted me. So Jamil is my 5th husband, but I never knew that was a crime to get divorced several times.

 

This is our story. Evidently being divorced is more of a crime than being in jail, being unemployed, or any number of other things. I seriously don't know what else it could be. He is honest, has never been in trouble. Two of his kids have finished Cambridge (Had to throw that in, I'm proud). He is a tour owner by trade, but still has his export business to Serbia. I'm a teacher of 43 years with no arrest or anything. I have no kids, and am a respectable citizen.

 

That's our story. I'm not embarrassed to be divorced. I can say that I probably rushed into a couple of them, but as far as I know, that's not a crime.

 

So, that's it. I am so sad I don't know what to do. We are about at wit's end. I need to work for several more years. I don't think I should have to give up everything I have worked for for 50 years because the immigration people won't let him come here. I have some health problems where I need meds, need the health insurance. My brother has MD and I don't want to leave him.I am just so pissed I can't see straight. This has stressed us so much that we have both developed more health problems.

Filed: K-1 Visa Country: Wales
Timeline
Posted

So you share the same religion?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

No, he's Muslim, I'm Christian. BUT it is not against the law for us to marry. He has an Imam that researched it. He already has his kids. We got married by an Imam. It was never mentioned at his interview, other than they wanted to see pics, which he provided.

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

So you are stuck where you are for 2 years but can then move?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)

I guess we could move somewhere else if we have to. But I really wanted to continue to teach because I love my job, the health insurance is good, I have no reason to retire. I have checked and I would have lots more out of pocket without my good health insurance I have now. I don't have any reason to retire.  I have spent so much money traveling back and forth that I need to save some for retirement because I do have some health issues.

 

I would like to know since I didn't get a NOIR, instead it just said REVOKED, does this mean it's hopeless? I have made another trip since his interview last May.

 

We ARE NOT giving up, no matter what...but dear God, it sure takes its toll on your health at our ages.

 

As far as religion, we both believe that we believe in the same God. We accept the way each other worships....no problems at all. We sometimes pray together. I say my prayers, he says his.

Edited by Love To Teach
Filed: Citizen (pnd) Country: Morocco
Timeline
Posted

i would say that original approval was looked at by a senior CO and the multiple divorces was held against you 

but this is a guess

you will get a letter of explanation and more than likely they will mention the difference in religion  / proved i had converted to his religion before i met my husband /I they just assumed we were not same religion

we had one other visa issued / revoked on here

she asnswered the NOID / letter to revoke visa and now the case was reaffirmed in august / interview in December but it has taken over a year to get to this point

it can be overcome / it is a long and difficult process

the above reasons for revoking a visa apply to work visa not CR1

Posted

Thanks for the info. So we are the only ones you have heard of being revoked with a CR1? How can they hold divorces against me? Divorce isn't against the law. And I can't do a thing about being divorced. This is crazy!

 

Are you saying you converted? We are having an Imam put together proof that it's not against the law/religion for a Christian woman to marry a Muslim man.

 

They never issued our visa...I think I am confused. I guess they are revoking their approval. How could they be ok with my divorces, then say it's not ok?

 

If they doubted one of us was being truthful or something, wouldn't they have mentioned it at his interview? I will for sure be at his next interview (assuming he gets one). If they totally turn us down, what are our options?

 

I am just at wit's end with all this #######. Do you think we are going to have to get a lawyer? We are going to go broke over all this....so depressing.

 

Why would they think an older woman like me would have to convert to his religion? We aren't going to have kids? We aren't living in the 1500's. Maybe I need to include my reasons for getting divorced.

 

Does everybody automatically get a chance to send in more evidence? I have made another trip since his interview. I am sooo stressed over this craziness, but I appreciate your input!

Posted
1 hour ago, Love To Teach said:

We had 6.5 pounds of evidence.

I am not sure what was sent, however quality is better than quantity.  I can send 25 pounds of stuff that proves absolutely nothing.   Not sure how much paper is 6.5 pounds... but there is such a thing too much "stuff".

Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted

Could it be that they are trying to protect you? I know you mentioned your husband is a successful business owner. But perhaps for some reason they suspect that he just wants to take advantage of you for your retirement money. Maybe they see the multiple divorces as evidence of you being gullible. I'm not saying that it's right, but perhaps that's how they are reading it.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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