Older spouse- denied without US spouse interviews

[heartandsoul 4]

Is there anyone reading this post that has gone to Islamabad for their CR1 interview and the CO gave a refusal without interviewing the us spouse, myself and I am older than him. The CO asked him who is older, your wife or your mother. Don't you want to have children? Then she told him to sit down. She called him back to the window and gave him a refusal stating "During an extended fraud interview, where the petitioner and applicant were interviewed separately and the answers were compared, the couple had numerous discrepancies and exhibited a lack of basic knowledge about each other. The consular officer is certain the relationship is for immigration purposes only, and there is no petitionable relationship. Therefore the petition is invalid under INA section INA section 212(A)(5)(A).” She also did not check the box for us to appeal. This took place on June 21, 2012. We have been married since Sept 28. 2010 and together for a year prior to that. THE CO NEVER, NEVER CALLED TO INTERVIEW ME!!!!! I have my phone records to prove it.

I am desperate for some advise, suggestions, an attorney is not really an option financially at this time.

I am also looking for hope that someone else has overcome this. My husband is upset too and just wants me to move to Pakistan but I have my kids here so that is not possible.

I have cried so much. The stress has started causing me to have panic attacks. I can't live without him and like the other posts that I have read here, I am sure that he did not marry me for a GC. He never asked to come to the US and would be happy if I came there and he would not have to leave his family.

Edited July 1, 2012 by heartandsoul

[Penguin_ie 5,995]

You are in a difficult situation, and I would recommend at least a free initial consultation with an immigration attorney. Other than the age difference, are there any other red flags in your case, such as different religions, how often have you met, does his family approved?

I would try to contact the embassy and ask for a second interview, with you flying over for it, based on the fact that they did not in fact interview you before.

[talean nawaz 41]

Contact a congressman or senator ASAP! Explain to them your situation. They may be able to help you get to the bottom of this.

[heartandsoul 4]

So far I have emailed the Embassy to see if we can discuss this or get another Interview and I have had no reply. I tried calling them many times but I get a message and then it disconnects me. I have sent a detailed letter to my state Senators and to President Obama ( I am trying anything)but as of today I have not received a reply from anyone. I am getting recommendations on reputable lawyers in my area now and I hope to speak to someone for a consultation. I am going to call on Monday to the Senators office and see if I can make an appointment to come in and talk in person.

I break down crying at work if someone asks me how things are going. My husband is in disbelief and distraut over the result. While we are not giving up we are sickened over the thought of never being together and we are husband and wife. I have kids in school and no family where I am at becuase of my job transfer. It is almost impossible for me to go there in the near future to visit. I am in this marrige forever, for better or worse as they say. I feel like a grieving widow but it hurts even more because I see him and talk to him many times a day and I can't be with him.

I am so sorry if I am going on but it has only been 10 days and I am still in disbelief and shock. We decided that we will be together forever even if it is only by a video cam. Maybe in a few years I can move to Pakistan if I have to.

Edited July 1, 2012 by heartandsoul

[canadian_wife 1,825]

I am terribly sorry about your denial - what questions did your husband get wrong? Perhaps they were comparing it to the information you put on the petition

How old are you and how old is he?

What other red flags were in your case?

Good luck

[carolynhotstuff 252]

I too am much older than my husband. We were denied our visa. You have a right to appeal the embassy's decision. Your case will be sent back to USCIS and they will send you a Notice Of Intent To Revoke(NOIR). Our ages were never mentioned in the NOIR but I'm sure it played a factor in them thinking there was fraud. The NOIR will tell you the exact reasons your visa was denied. You will have 30 days to respond with proof your relationship is bona fide and that the embassy was wrong in their decision.

In my case I felt it was important to hire an immigration lawyer and I went to Catholic Charities and they based the fee on my income. We won our appeal and our case is on it's way back to the embassy where my husband will have another interview.

Don't lose hope and stay strong.

[NigeriaorBust 4,087]

Your emotions are much like mine where years ago when we had our denial ( the CO insisted that may husband provide her with details of my projects at a classied job if he wanted a visa ) It will pass in time. Turn your emotions into something positive. Get working on your response now. Write it and re write it until you think it is perfect. Have your husband write a transcript of the interview day . Every detail he can remember. Did the CO talk to others ? Write note, what did your husband do ? Every detail . It can help with the package. Every verbal exchange even the greetings. Did the CO walk away at all.

[talean nawaz 41]

Your emotions are much like mine where years ago when we had our denial ( the CO insisted that may husband provide her with details of my projects at a classied job if he wanted a visa ) It will pass in time. Turn your emotions into something positive. Get working on your response now. Write it and re write it until you think it is perfect. Have your husband write a transcript of the interview day . Every detail he can remember. Did the CO talk to others ? Write note, what did your husband do ? Every detail . It can help with the package. Every verbal exchange even the greetings. Did the CO walk away at all.

What great advice!

[Lonelywithouthim 5]

I am so sorry about the negative decision. It is always easier said than done but you must stay strong and use all your energy toward resolving the problem you have at hand. As they say, God only gives us what we can handle. We were also rejected and the rejection letter indicated the rejection was based on the relationship not being Bona Fide although they never looked or took all the supporting documents of our relationship.

I wrote a detailed email to the consualte of what my fiancé encountered during his interview which brough about the decision. I also requested an explanation of what kind of proof they want for a long distance relationship. We had pictures, Airline tickets, DVD and phone records as proof. Our case was placed in AP by the next day. I'm not sure if this is a good thing or not but I'm hoping they are taking a second look.

I would suggest you also write to your consulate but remember to not accuse or yell even though this is upsetting, you must not write with emotions. Remember those reading are only doing their job as far as they are concerned. Try to convey your confusion without anger and plead for explanation and direction from the consulate because this is and will be your husband regardless of what they decide.

Good luck !

[A&C 1]

What is the age difference between you and your fiance?

[LOVE2OURBB 1]

I am trully sorry to hear the situation. I am too older than my husband ten years and im not afraid to say it. We have a two year old son and as i mentioned before in other treads my husband and baby have not met. My husband has been in AP for almost seven months now. I contacted my congressman and they had no success in trying to move the case forward. i continue to have the same replies over and over "the case is pending administrative process bla bla bla... I plan to travel to Egypt next year and perhaps start the relocation process since my husband cant take the fact that we are appart specially without the baby.

As for what your situation is concerned i will strongly recommend you sort things out, calm down at first everything turns black infront of you and it feels as if dreams are broken in million peaces, think of the possibility of relocating if he loves you he will take care of you and the kids, at least give it a try i know is hard but ask yourself what you have to loose in usa, a job if things dont work out you can always come back, see if you can get a work leave so you can start by trying to be overseas for a while and perhaps this will be the beginning of a life. I DONT KNOW it just seems that once you are denied things become more difficult and i dont know how patient he can be.

I ask my self i waited three years now with no results and with a pending case that i do not even know when is going to end. I dont want you to fall in the same situation. AGAIN evaluate your life with him and the life of your children and act.. I wish you only the best and the very best. GOOD LUCK HON.

[littoral1 15]

I am trully sorry to hear the situation. I am too older than my husband ten years and im not afraid to say it. We have a two year old son and as i mentioned before in other treads my husband and baby have not met. My husband has been in AP for almost seven months now. I contacted my congressman and they had no success in trying to move the case forward. i continue to have the same replies over and over "the case is pending administrative process bla bla bla... I plan to travel to Egypt next year and perhaps start the relocation process since my husband cant take the fact that we are appart specially without the baby.

As for what your situation is concerned i will strongly recommend you sort things out, calm down at first everything turns black infront of you and it feels as if dreams are broken in million peaces, think of the possibility of relocating if he loves you he will take care of you and the kids, at least give it a try i know is hard but ask yourself what you have to loose in usa, a job if things dont work out you can always come back, see if you can get a work leave so you can start by trying to be overseas for a while and perhaps this will be the beginning of a life. I DONT KNOW it just seems that once you are denied things become more difficult and i dont know how patient he can be.

I ask my self i waited three years now with no results and with a pending case that i do not even know when is going to end. I dont want you to fall in the same situation. AGAIN evaluate your life with him and the life of your children and act.. I wish you only the best and the very best. GOOD LUCK HON.

why they denied u because of the age

[TEDDYM 1]

quickly get a congressman in place to follow up on ur case and they will call ur husband back for a second appointment..even if it's 50yrs different and so what...they are supposed to follow the laws and not take things personal..when two parties are mature to get married they can no matter the age difference..aftera;; the 2yrs conditional residence they placed on the green card will reveal if there's actually a fraud in it..u will get a positive feedback soon. GOODLUCK.

[jkb11 26]

Definitely take action right now and contact your congressman. Start writing a letter today and have it handed over to your representative's office tomorrow morning. Be moderate but assertive. Let it be clear that you are indignant at the situation that has arisen. State clearly what happened and how the CO handed the refusal with a complete lie written on it. Demand action. I've heard successful stories from couples in this forum being re-invited for another interview after doing this and being granted the visa.

At least that's what I would do.

Good luck!

Edited July 1, 2012 by jkb11

[Ebunoluwa 6,136]

The CO is required to give factual based evidence as reason for denial but instead blatantly lied....on paper!!!

You have a very good chance to get reaffirmed. Be positive, this is not over ! Great that you contacted your senator and an attorney for consultation. I hope they fire that CO. I really feel positive about the outcome of your case.