NOIR - help please!

[Ahmed&Freda 628]

1 hour ago, CM&KV said:

Is it possible for you to reupload the attachment with senstive information covered up? I'm just curious as to what it states and what the law says in Pakistan, since someone's comment states that someone is still considered married to their prior spouse.

 

Thank you in advance.

I'm having trouble getting it uploaded again.  But below is a cut and paste.

I.               “The beneficiary stated that he initially met the petitioner through an online game and initiated a conversation with her.”

 

II.             “The beneficiary stated that he divorced his first wife because she was seen talking to another man without his knowledge.  The beneficiary claimed that he accepted that the petitioner had been married to two other men.  Furthermore, he stated that he would never accept a match of this kind in his own culture”

     

III.           “Consular Post confirmed through the Pakistan’s National Database Registration Authority (NADRA) that the beneficiary is still married to his claimed ex-wife, although the divorce was supposedly finalized three years ago.  The beneficiary alleged ex-wife is still registered under his name and hold and ID card bearing his name.”

 

IV.            During the interview, the beneficiary failed to provide proof of a relationship with the Petitioner.

 

 

Pakistani divorce procedure is as follows:

 

A. Under the Muslim Family Laws Ordinance any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq/Divorce in any form whatsoever, give a notice in writing to the chairman of the Union Council and also send a copy to the wife. Within thirty days of the receipt of notice of Talaq chairman shall constitute an arbitration council for the purpose of bringing about reconciliation between the parties and after expiry of ninety days if reconciliation fails divorce will take effect.

 

We supplied both the affidavit from my husband submitted to the court as well as the union council divorce certificate to USCIS, NVC and to the interview.  Since the interview we have had the same certificate verified by the Department of Foreign affairs.  I also have proof from NADRA that she is not listed and her marital status in NADRA is listed as divorced  we got this proof 6 days after the interview I had my senator call to request a second interview surprisingly the Embassy returned our case the same day.

[Juniser 5]

In Point III of the NOIR it says:

 

"The beneficiary alleged ex-wife is still registered under his name and hold and ID card bearing his name."

 

Which I think has a typo and should be:

 

"The beneficiary alleged ex-wife is still registered under his name and holds an ID card bearing his name."

 

So I do not see this point being discussed yet:  How did the Consul Officer determine that the alleged ex-wife holds an ID card bearing his name !!!

 

Either the US Pakistan consulate is seriously using intelligence operatives to gain that knowledge about the ex-wife  ...  OR ...  this point made by the consul officer is just pure made-up bs to "pile-on" reasons to reject.

 

Either way ... this NOIR appears to be doomed for reasons unknown.  

 

 

[Ahmed&Freda 628]

6 minutes ago, Juniser said:

In Point III of the NOIR it says:

 

"The beneficiary alleged ex-wife is still registered under his name and hold and ID card bearing his name."

 

Which I think has a typo and should be:

 

"The beneficiary alleged ex-wife is still registered under his name and holds an ID card bearing his name."

 

So I do not see this point being discussed yet:  How did the Consul Officer determine that the alleged ex-wife holds an ID card bearing his name !!!

 

Either the US Pakistan consulate is seriously using intelligence operatives to gain that knowledge about the ex-wife  ...  OR ...  this point made by the consul officer is just pure made-up bs to "pile-on" reasons to reject.

 

Either way ... this NOIR appears to be doomed for reasons unknown.  

 

 

The embassy has access to the NADRA registry they were able to look up my husbands CNIC number (like a ss number) they saw that she was still linked with his name.  So although we had all appropriate court documents they made an issue of this.  Removing from the NADRA registry is Not listed anywhere as a requirement and is  often forgotten or not thought of.  The normal citizen can not look up CNIC to see this information you have to go to the government office to look at your family profile.  Furthermore you can not remove anyone from your family registry they have remove themselves.

[Juniser 5]

2 minutes ago, Ahmed&Freda said:

The embassy has access to the NADRA registry they were able to look up my husbands CNIC number (like a ss number) they saw that she was still linked with his name.  So although we had all appropriate court documents they made an issue of this.

They made a huge issue of this by wording the NOIR such that the alleged ex-wife "holds an ID card bearing his name" when in reality they only see a link in a computer system which resulted from the previous marriage.  The link still being there does not mean the alleged ex-wife "holds an ID card bearing his name" nor does the link being there is evidence that he still MUST be married.

 

This NOIR really over-reached using bellicose wording, especially in this sentence, towards a conclusion that your case is being rejected.  It is simply not true that they know that the alleged ex-wife "holds an ID card bearing his name".

 

You've got lots of ammunition to fight back with a rebuttal.  Just think an attorney with rebuttal experience will be worth the money to make your case as strong as possible that you have been treated with unfairness as demonstrated by the above over-reaching bellicose and untruthful wording in your NOIR.  You have less than 30 days now for a rebuttal.

[Ahmed&Freda 628]

2 hours ago, Haseeb said:

Can u plz share the info ? I just need to know how long uscis took to issue u a noir after they recieved ur case back from the embassy ? 

I will be thankful to u if u reply this plz ?

 

It took a month and a half for it to reach USCIS and 3 months for a response.   I would not compare it exactly with your case as I've seen couples from the same service center waiting 8 months for a reply.  Every case is different.

 

4 hours ago, Juniser said:

They made a huge issue of this by wording the NOIR such that the alleged ex-wife "holds an ID card bearing his name" when in reality they only see a link in a computer system which resulted from the previous marriage.  The link still being there does not mean the alleged ex-wife "holds an ID card bearing his name" nor does the link being there is evidence that he still MUST be married.

 

This NOIR really over-reached using bellicose wording, especially in this sentence, towards a conclusion that your case is being rejected.  It is simply not true that they know that the alleged ex-wife "holds an ID card bearing his name".

 

You've got lots of ammunition to fight back with a rebuttal.  Just think an attorney with rebuttal experience will be worth the money to make your case as strong as possible that you have been treated with unfairness as demonstrated by the above over-reaching bellicose and untruthful wording in your NOIR.  You have less than 30 days now for a rebuttal.

Thank you!  I had my rebuttal written the same day I received the NOIR I'll be tweaking it up until I mail it.  I'm presently printing out all the detail to send with it.  I made an appointment with my attorney just to have them review my response and give recommendations I will use the attorney more if the USCIS does not go in our favor for an appeal but for now I can handle most of this on my own.  

[Ryan H 3,834]

***Hijack post and replies to said post removed; if you have questions about your own case, you need to start your own thread.***

[Ahmed&Freda 628]

OMG OMG...Just a quick update!   I'm still in shock.   

 

It is not yet updated on the site but I received letter today from USICS.  

 

"After a review of the complete record of proceeding, including any response you submitted to the Notice of Intent of Revoke, USCIS has determined that the grounds alleged for revocation have been overcome.

 

The approval of the petition is therefore reaffirmed and the petition will be forwarded to the National Visa Center (NVC). "

 

I have so many more questions but will save that for a post later.   We are both in tears and so very thankful for another interview.

 

I know its not a visa yet but it still feels amazing! 

 

Thanks everyone!

 

~Freda

[Ultimecia 6]

2 hours ago, Ahmed&Freda said:

OMG OMG...Just a quick update!   I'm still in shock.   

 

It is not yet updated on the site but I received letter today from USICS.  

 

"After a review of the complete record of proceeding, including any response you submitted to the Notice of Intent of Revoke, USCIS has determined that the grounds alleged for revocation have been overcome.

 

The approval of the petition is therefore reaffirmed and the petition will be forwarded to the National Visa Center (NVC). "

 

I have so many more questions but will save that for a post later.   We are both in tears and so very thankful for another interview.

 

I know its not a visa yet but it still feels amazing! 

 

Thanks everyone!

 

~Freda

Congrats to you!! Let's hope it gets approved this time!!!

Edited July 13, 2018 by Ultimecia

[Sparrow 23]

On 13/07/2018 at 2:46 AM, Ahmed&Freda said:

OMG OMG...Just a quick update!   I'm still in shock.   

 

It is not yet updated on the site but I received letter today from USICS.  

 

"After a review of the complete record of proceeding, including any response you submitted to the Notice of Intent of Revoke, USCIS has determined that the grounds alleged for revocation have been overcome.

 

The approval of the petition is therefore reaffirmed and the petition will be forwarded to the National Visa Center (NVC). "

 

I have so many more questions but will save that for a post later.   We are both in tears and so very thankful for another interview.

 

I know its not a visa yet but it still feels amazing! 

 

Thanks everyone!

 

~Freda

Congrats sister I am really happy for you how long it's take for your case to reaffirmed? 

[Ahmed&Freda 628]

48 minutes ago, Sparrow said:

Congrats sister I am really happy for you how long it's take for your case to reaffirmed? 

About 14 days after I submitted the rebuttal. 

 

 

[Sparrow 23]

9 minutes ago, Ahmed&Freda said:

About 14 days after I submitted the rebuttal. 

 

 

I am talking about whole process since us embassy return your case and please tell me when they return your case to uscis and how long uscis give you decision before NOIR?

Edited July 21, 2018 by Sparrow

[Ahmed&Freda 628]

2 minutes ago, Sparrow said:

I am talking about whole process since us embassy return your case and please tell me when they return your case to uscis and how long uscis give you decision before NOIR?

Case was returned to NVC January 4th.

Received by USCIS February 23rd

NOIR sent June 4th

Rebuttal received by USCIS June 25th

July 9th notification case was reaffirmed

[Sparrow 23]

2 hours ago, Ahmed&Freda said:

Case was returned to NVC January 4th.

Received by USCIS February 23rd

NOIR sent June 4th

Rebuttal received by USCIS June 25th

July 9th notification case was reaffirmed

 

2 hours ago, Ahmed&Freda said:

Case was returned to NVC January 4th.

Received by USCIS February 23rd

NOIR sent June 4th

Rebuttal received by USCIS June 25th

July 9th notification case was reaffirmed

Your lucky sister I am waiting for uscis decision one year now and us embassy put me administrative processing for 9 months before sending it to uscis and now they are dragging us like we are not human.they are so unfair to us.in one year they don't give us decision and when you make inqury to uscis what they said to you when they were reviweing your case.Like when we make inqury to uscis they told us that our case is in extended supervisory review and when supervisory review finsih then we will get decision.thanks 

[Ahmed&Freda 628]

On 7/21/2018 at 3:24 PM, Sparrow said:

 

Your lucky sister I am waiting for uscis decision one year now and us embassy put me administrative processing for 9 months before sending it to uscis and now they are dragging us like we are not human.they are so unfair to us.in one year they don't give us decision and when you make inqury to uscis what they said to you when they were reviweing your case.Like when we make inqury to uscis they told us that our case is in extended supervisory review and when supervisory review finsih then we will get decision.thanks 

I'm really sorry you are both going through this.   I have no idea why some cases take so long and others move quickly.  Your case is even at the same service center as ours.  I can go on for hours coming up with theories on why some cases move and others are stuck but I feel like it would  just drive me crazy trying to figure it out.    In the end we have no power in this we just have to do our best to keep your relationships strong.   Continue with trips and communication with each other so you can prove to them that you continued this relationship after the interview.  

 

Update us when you get your answer from USCIS.