Getting Ready to File 2nd CR-1

[Love To Teach 161]

Sorry for the long post...Hi folks. Most of you know our story, about how my husband went into shock during his "interview" (read torture session) and ended up writing a dictated coerced false confession. We filed a rebuttal, and they said too bad. We had testimony in front of the judge that my husband is, in fact, divorced, and has been for years. His kids and ex wife also testified. We decided not to appeal, as we have heard it is usually wasted time and money.

 

So, here we are again. I am getting ready to make my 10th visit this week. We have known each other 7.5 years and will be married 3 years in Oct. My questions are:

1. Since they will go back and see that our application was revoked the first time, shouldn't we explain in detail what happened at that interview? My husband has PTSD now as a result of that "interview," which the doctor has confirmed. He immediately told his son, friend, and doctor about how this man had screamed at him, yelled prayers as an insult, told him he lied, we paid for the papers, that he was still married to his "beloved" wife, and generally berated and tortured him until he wrote the previously-prepared paper to escape their harassment. We now have further testimony from his family, ex-wife, doctor, and friend to add. He asked that the paper be considered "null and void" but I won't know if that happened until I get there and read what they said in front of the judge.

 

I am planning to include research that proves that "coerced false confession" occurs commonly in these extreme situations. I am also including our formal complaint about his interview. I sent that to OIG, who said it was the wrong place, then sent it to DOS. DOS just said his CR1 was revoked. If you want to do something about it, make an appointment with USCIS, which in my case, is in Memphis. I know that is just a waste of time and is 5 hours away.

 

He is moving to Dubai this week for a better job (thank God), so IF we get another interview, it would be there. My big worry is just getting through the initial approval of our application paperwork. What more can we do? The poor man has been separated from his ex-wife, who moved out in 2009 to a home he bought for her. He has been divorced for years and has all the papers to prove it. He went into such shock he totally forgot to tell them look at the dang papers that were sitting in the interview room.

Should we include our rebuttal that we already did and include addition evidence from his doctor, friend, and son? I intend to write an explanation (again) of what happened, with the new testimony. Should I include the complaints we filed to PROVE that this happened and we have filed a formal complaint?

 

The USCIS document 9 FAM 504.7-3(A) "Interview by Consular Officer" states: "Consular officers must make every effort to conduct visa interviews fairly and professionally. ANY SEMBLANCE OF AGGRESSIVE CROSS-EXAMINATION, ASSUMPTION OF BAD FAITH, OR ENTRAPMENT MUST BE AVOIDED. Applicants should be given sufficient time to answer questions without interrruption. IN cases where the consular officer's determinations are difficult to make or WHICH ARE OR MAY BECOME THE SUBJECT OF CONTROVERSY, THE OFFICER MUST MAKE A THOROUGH AND CAREFULLY WRITTEN RECORD OF THE INTERVIEW so that the basis for the final action can be fully documented." Notice, they DON'T DO A TAPE OR VIDEO SO THAT A PERSON CAN'T PROVE THEIR ABUSE.

 

Anyway, we appreciate any ideas. If the papers don't get through the initial phase, we will hire a lawyer (whom I have already consulted with, but months ago) to help us, even if we have to keep refiling. This lawyer said that according to the law (and paperwork) he WAS divorced, so what they were saying was a moot point. However, they are holding the coerced confession over our heads that he wrote while in shock. BUT, heck, he wasn't married, so it's just crazy. If anyone thought about the situation, read the stupid words this Pak guy dictated (which nobody talks like that), and though one minute about it, they would KNOW that he had to have been in SHOCK to write anything like that.

 

We are at the point where we will keep telling the truth, no matter what. We know he is legally divorced, we know we are legally married, his kids and family and ex-wife know he is legally divorced and is legally remarried, and most importantly GOD knows the truth. We will continue on, even if we have to keep refiling. I don't know if there is a limit or not. I just feel so scared for my husband's health as he has developed PTSD symptoms since then--high blood pressure, can't sleep, gained weight, stomach problems, diarrea, and on and on. I have lost about 1/3 of my hair and suffered lots of physical symptoms from stress also. BUT by God, we won't give up. These kinds of travesties cannot continue. I wish all people who are mistreated like this would speak up. I know they have a method that the Pak people do the dirty work of harassing the people. They threaten them, throw things at them, scream, yell, tell them they can be hung, and who knows what else. This should not be tolerated! BTW, we WILL be sending a formal complaint straight to the US Embassy there in Islamabad. I think they don't do anything about complaints, just say too bad, so sad for you. If they cared, this ####### would not continue.

 

Please don't dump criticisms on my poor husband. He has been harder on himself than anyone can possibly understand, and has suffered the consequences with his health. He is a quiet, sort of meek guy who has never even raised his voice to anybody, even when they deserved it. He was taught to obey authority and is convinced that the people at the embassy and/or the police can easily plant evidence on people or hurt his kids/family. I can't say that I blame him, as these people have all of your personal info at their disposal, especially the locals that the embassy employs to do their dirty work. Makes me ashamed to be an American with the way this embassy treats people for no justifiable reason. There are civil ways to talk to people and they should be made to use them!

 

Yes, I AM angry and justifiably so. BUT we will go forward with faith that maybe,  just once, justice will be served.

[Going through 5,671]

I really think at this point, you need to hire a competent immigration lawyer to help you refile and best advise you on whether or not to include any copies of complaints formally filed in relation to the past revoked CR-1.  A lawyer would also be very helpful since your husband did in fact write and sign the confession in the end (even if he felt under duress to do so).  This is no longer a DIY case.

 

I truly with you the best of luck with your second filing.  I've been following your threads since the very beginning and was just thinking about you this morning in fact.

Edited June 28, 2018 by Going through

[Russ&Caro 1,549]

[Deleted]

 

I haven't read any of your earlier threads and so I will refrain from commenting for the time being.

Edited June 28, 2018 by Russ&Caro

[doggieandsam 765]

i have been reading your posts and i cannot imagine what you have gone through and is still going through.

 

i don't have any advise re the refiling but i was interviewed at the US Embassy in Abu Dhabi for my K1 and i can say that it was over-all a positive experience for me so that at least is a silver lining for you in the future. 

 

i wish you the best of luck going forward!

[geowrian 22,338]

I recall your threads. I can't say I can fully understand what you've been through, but I do sympathize with it. Good luck on the next filing!

 

I concur that it's time to lawyer up to present the best case possible.

 

I personally would not bring up a challenge or accusations about impropriety by the CO. That's just not a winning argument...it's a he-said/she-said situation. Unless you can actually prove that they violated policy or laws and that was the cause of the benefit not being obtained, it's not going to be beneficial IMO.

Filing a complaint separately from the petition is fine IMHO, though. I just wouldn't try to argue your new case on such a claim.

[jlc201 47]

26 minutes ago, Going through said:

I really think at this point, you need to hire a competent immigration lawyer to help you refile and best advise you on whether or not to include any copies of complaints formally filed in relation to the past revoked CR-1.  A lawyer would also be very helpful since your husband did in fact write and sign the confession in the end (even if he felt under duress to do so).  This is no longer a DIY case.

 

I truly with you the best of luck with your second filing.  I've been following your threads since the very beginning and was just thinking about you this morning in fact.

I agree with the above. It is really important that you work with a competent, experienced immigration attorney going forward (not just some random lawyer who is located nearby, someone who really knows what they are doing in these cases). What you went through sounds awful, and completely inappropriate, but the problem is that your husband has now signed a confession for misrepresenting his marriage. You are not likely to get far pointing to the inappropriate behavior of the consular official, or by quoting their interviewing procedures manual, because the Consulate will stand by their man and argue that the officer COULD NOT have acted in the way you describe because it is specifically stated in the manual that they are NOT to act like that. The most important thing now is to figure out how, legally, to overcome the signed confession and prove the truth of your marriage. And for that, you are going to need an experienced immigration lawyer.

[Jojo92122 1,924]

Accusing the US Embassy of "torture" is not going to go well for you.  

 

Was he waterboarded?  Was he deprived of sleep and beaten?  

 

PTSD from an intense interview?  Did he go to war and see people next to him get shot and killed?

 

Using the terms "torture" and "PTSD" is not going to be viewed well.  It's seems overly dramatic.

 

When you come at the US Embassy this way, don't expect them to say "okay, we see your side of the story."  If you want to be confrontational and overly dramatic about this, then expect them to be hostile.  

 

Living in San Diego with a lots of military bases around, I know a lot of veterans and POWs who would strongly disagree that an intense interview would be considered torture that would cause PTSD.

 

You may want to reconsider your approach.

 

 

Edited June 28, 2018 by Jojo92122

[Going through 5,671]

14 minutes ago, geowrian said:

I personally would not bring up a challenge or accusations about impropriety by the CO. That's just not a winning argument...it's a he-said/she-said situation. Unless you can actually prove that they violated policy or laws and that was the cause of the benefit not being obtained, it's not going to be beneficial IMO.

Concur with the above.  Pointing out formal complaints filed, written letter/statement about how prior treatment was unfair/coming across as argumentative and accusatory off the bat with a new application is probably not the best way to go about things and will be seen as highly combative right from the get-go probably not in your best interests.  They will already know, anyhow, from looking at his entire immigration file about the previous CR-1 plus any formal notices in regards to that (whether from you directly, or forwarded by DOS).

 

There is also immigration/USCIS history in past filings for others, plus past marriages and divorces---yes, life goes on and relationships end, that's not my point.  My point in bringing that up, is that it's another reason why your husband's case is best suited for a lawyer at this point to try to weed through everything that has gone on since the beginning and help obtain a positive result.

 

Please come back to this thread and update us/ask any other questions...I think a lot of us here really want to see a happier ending for you guys.

Edited June 28, 2018 by Going through