the black sheep

[leapsandbounds 0]

I am not sure how to fill out a time line but here is where I am at.

I met my fiancé while she was in the US on a K1 fiancé Visa. Her hopeful parental arranged relationship didn't work out. Although the relationship didn't last more than a day, the persistent parents had managed to file for a marriage license and the failed relationship became a legal marriage in the U.S. My fiancé returned home to Pakistan without overstaying her K1 Visa (July 2005). Her then fiancé filed to have the marriage annulled.

While my Fiancé was a temporary visitor we spent allot of time together and we became good friends. It was after she returned home that she and I got engaged. In January 2006 while we were waiting for the court to complete the process of her annulment we decided that she should file for a Visitor Visa. She applied for the Visitor Visa in Pakistan and it took about 6 months for her application to be denied.

In September 2006 I sent a Petition for a Fiancé Visa to the USCIS and received my receipt in October with a receipt date of Oct 2, 2006. My packet included sufficient evidence and the forms were filled out correctly. In early January 2007, my case was sent to the NVC. She received communication from the embassy in late February requesting that the appropriate documents for a K1 visa application be completed and returned to the embassy along with an affidavit of support. We got the paperwork done and my fiancé sent the required paperwork back to the embassy within the first week of March 2007. Within 3 weeks she received a letter notifying her of her interview date of May 29th, 2007.

I hadn't visited my fiancé since she left in 2005. We were a fool to think she was going to get a Visitor Visa and furthermore foolish to think that the K1 Fiancé Visa Process would move quickly enough for us to be together.

I planned a trip to Pakistan the first week of June right after my Fiancé’s interview date of May 29th. We were certain that she would get the Fiancé Visa. Well my Fiancé and I were shocked when she was told no. I traveled to Pakistan anyway because I missed her so much. I stayed there for a Month.

Armed with more photographs of the two of us together in Las Vegas, and over $1000 worth of phone records in hand, My Fiancé went to her interview at the Islamabad, Pakistan U.S. Embassy. After a long day of waiting she was called to the window to be rudely interviewed. She was asked if I visited her since she left the U.S. and she honestly answered "No". The Visa Officer told her that he didn't believe that we have a real relationship because I hadn’t visited her since she left. He told her that he was sending the case back to the NVC and that any further action on this case would need to be conducted from the U.S. She was also given a rejection letter with the box 221(g) marked.

While I was in Pakistan I visited the Islamabad embassy. I spoke with an American Citizens Services Officer. He told me that in cases like mine the case is sent back to the NVC then back to USCIS for further checking. He told me that a decision is rendered in the United States and if they approve the case and forward it back to the embassy, the embassy issues the visa without further scrutiny.

I returned back to the U.S. on June 25th and checked my Case Status online. It read: On May 31st, 2007 we sent you a letter requesting additional evidence. I searched my mail combing through it looking for the letter. I didn't find it and waited until Jun 29th and when I still didn't receive it I filed a service request with NVC letting them now that I haven't received the letter yet. The described the service request as notifying the USCIS that I haven't received the letter with timeline of 45 days for resolution.

It's June 19th and I still haven't received the letter. By the way when I call the phone system after hours it tells me that the letter I was sent was an I-797 requesting additional evidence. The I-797 part was left out on the online tool.

I felt confident after talking to the U.S. Citizens Services officer in Pakistan only to have the delay instigated by the USCIS in sending my letter poke painful holes of doubt in my confidence.

Oh and furthermore I did marry my fiancé while I was in Pakistan. It is religious marriage and we didn't file the marriage in any court in fear of violating our Fiancé Visa Petition. We will file our marriage in the U.S. courts upon our Fiancé Visa Petition's approval.

I don't know what to think...I am going to wait a few more weeks for the RFE letter and if I don't get it, I am going to look to hire a good immigration attorney.

If anyone out there has any further insight please feel free to share.

[TracyTN 237]

I think a good immigration attorney is your best bet - and I wouldn't wait a few more weeks to find one, either. No time like the present.

[pushbrk 13,133]

I think a good immigration attorney is your best bet - and I wouldn't wait a few more weeks to find one, either. No time like the present.

Yes, this is attorney stuff. As I see it, you must overcome doubts about a bonafide ongoing relationship. You only met this woman in person when she was a married woman. This is a big red flag but if you have considerable evidence of communication by phone, email and chat sessions added to the visit you have now made to Pakistan, you should eventually be able to overcome the 221g ineligibility finding with the assistance of the right attorney.

[waiting4s 0]

I am not sure how to fill out a time line but here is where I am at.

I met my fiancé while she was in the US on a K1 fiancé Visa. Her hopeful parental arranged relationship didn't work out. Although the relationship didn't last more than a day, the persistent parents had managed to file for a marriage license and the failed relationship became a legal marriage in the U.S. My fiancé returned home to Pakistan without overstaying her K1 Visa (July 2005). Her then fiancé filed to have the marriage annulled.

While my Fiancé was a temporary visitor we spent allot of time together and we became good friends. It was after she returned home that she and I got engaged. In January 2006 while we were waiting for the court to complete the process of her annulment we decided that she should file for a Visitor Visa. She applied for the Visitor Visa in Pakistan and it took about 6 months for her application to be denied.

In September 2006 I sent a Petition for a Fiancé Visa to the USCIS and received my receipt in October with a receipt date of Oct 2, 2006. My packet included sufficient evidence and the forms were filled out correctly. In early January 2007, my case was sent to the NVC. She received communication from the embassy in late February requesting that the appropriate documents for a K1 visa application be completed and returned to the embassy along with an affidavit of support. We got the paperwork done and my fiancé sent the required paperwork back to the embassy within the first week of March 2007. Within 3 weeks she received a letter notifying her of her interview date of May 29th, 2007.

I hadn't visited my fiancé since she left in 2005. We were a fool to think she was going to get a Visitor Visa and furthermore foolish to think that the K1 Fiancé Visa Process would move quickly enough for us to be together.

I planned a trip to Pakistan the first week of June right after my Fiancé’s interview date of May 29th. We were certain that she would get the Fiancé Visa. Well my Fiancé and I were shocked when she was told no. I traveled to Pakistan anyway because I missed her so much. I stayed there for a Month.

Armed with more photographs of the two of us together in Las Vegas, and over $1000 worth of phone records in hand, My Fiancé went to her interview at the Islamabad, Pakistan U.S. Embassy. After a long day of waiting she was called to the window to be rudely interviewed. She was asked if I visited her since she left the U.S. and she honestly answered "No". The Visa Officer told her that he didn't believe that we have a real relationship because I hadn’t visited her since she left. He told her that he was sending the case back to the NVC and that any further action on this case would need to be conducted from the U.S. She was also given a rejection letter with the box 221(g) marked.

While I was in Pakistan I visited the Islamabad embassy. I spoke with an American Citizens Services Officer. He told me that in cases like mine the case is sent back to the NVC then back to USCIS for further checking. He told me that a decision is rendered in the United States and if they approve the case and forward it back to the embassy, the embassy issues the visa without further scrutiny.

I returned back to the U.S. on June 25th and checked my Case Status online. It read: On May 31st, 2007 we sent you a letter requesting additional evidence. I searched my mail combing through it looking for the letter. I didn't find it and waited until Jun 29th and when I still didn't receive it I filed a service request with NVC letting them now that I haven't received the letter yet. The described the service request as notifying the USCIS that I haven't received the letter with timeline of 45 days for resolution.

It's June 19th and I still haven't received the letter. By the way when I call the phone system after hours it tells me that the letter I was sent was an I-797 requesting additional evidence. The I-797 part was left out on the online tool.

I felt confident after talking to the U.S. Citizens Services officer in Pakistan only to have the delay instigated by the USCIS in sending my letter poke painful holes of doubt in my confidence.

Oh and furthermore I did marry my fiancé while I was in Pakistan. It is religious marriage and we didn't file the marriage in any court in fear of violating our Fiancé Visa Petition. We will file our marriage in the U.S. courts upon our Fiancé Visa Petition's approval.

I don't know what to think...I am going to wait a few more weeks for the RFE letter and if I don't get it, I am going to look to hire a good immigration attorney.

If anyone out there has any further insight please feel free to share.

From what I have read on these forums, the folks at islamabad are very good at sniffing out married people claiming to be fiances. And if they find out your situation you will be in a heap of trouble with the USCIS. Just remeber you should not have anything that could raise their suspicion, like pictures that are way too intimate for pakistani fiances, names on papers, etc during the K1 interview. Immigration attorney at this point is the right move.

[Yodrak 7]

leapsandbounds,

Something you should have done quite some time ago. At least you should have consulted with an immigration attorney to review the facts of your situation and get some advice and insights.

So many people so eager to tell others, "if you have a straightforward case ....." without having the slighest idea where complications may lie.

Perhaps other can learn from your mistakes.

Yodrak

.....

I don't know what to think...I am going to wait a few more weeks for the RFE letter and if I don't get it, I am going to look to hire a good immigration attorney.

.....