Ineligible under Section 221(g)

[nigerwife 17]

Okay VJ'ers--I need your "expert" advice. I pasted below an email I just sent to our attorney (waste of money by the way; but had already paid him before I found VJ). Can you please read and let me know your thoughts? THANK YOU GUYS!

My husband went for his interview in Lagos today and was not granted a visa. I have attached the letter that they gave him. (I didn't attach it for you on VJ; but basically we need to gather the evidence and schedule a second interview)

There are two pieces of "documentation" that they are requesting:

1) Divorce decree from native court

2) Photos from wedding or wedding party with current wife

Regarding the Divorce decree, this technically does not exist for a Nigerian "traditional" wedding, which is what my husband first "marriage" was. However, he has spoken to a Nigerian attorney and they will get a document to meet this need. In addition, the Consular Office accused him verbally of fraud because we stated on the petition that he had never been married. In fact, there is no record in Nigeria of him ever having been married. He only had a customary arrangement, was not married in the church or at the Marriage Registry.

Regarding the photos from our wedding, we only have two photos from our wedding day and my husband presented these to the Consular Officer. They were taken on that day but in a studio, not at the Marriage Registry. My husband is wearing a kaftan and I am wearing a dress. Going to the Marriage Registry in Nigeria is like getting married at the Courthouse here. It is not a formal affair. We did go out to lunch with some friends after the ceremony. A few pictures were taken, but were housed on my laptop. This laptop was stolen during an armed robbery in July 2009 at our home in Nigeria. When we got married, taking pictures to present as "evidence" was not even a thought in our minds. We did not get married to "prove a case". We got married because we love each other and wanted to raise our family together. (In fact, we didn't even intend to move back to the US, but my work situation changed unexpectedly.) We presented MANY other pictures of us together, our children together, with other family members, my Mother's trip to Nigeria, ETC. All taken during the TWO YEARS WE LIVED TOGETHER IN NIGERIA AS A FAMILY. Yet they are insisting we produce pictures from our wedding that don't exist.

So, how do we overcome this issue of the photos from our wedding???

[TimeTravel 78]

Sorry to hear about that.

Did he make it clear to CO that he has only these two pictures, and cant arrange more pictures due to whatever you guys have situation? It is just like, whatever they require, they need it. Wish if there was any time-machine, so could go back, and get more pictures.

[princessO 6]

I am very sorry to hear this. Unfortunately, I don't have any advice on this situation. I will keep you and your hubby in my prayers.

[Miss M 54]

Do you have a police report from the time of the armed robbery? It might help to show that you lost a laptop that had all your pictures on it. Also, did you ever e mail anyone the pictures? Someone might still have them.

It's really unfortunate that they turned him down - especially as you have children together.

[nigerwife 17]

I am very sorry to hear this. Unfortunately, I don't have any advice on this situation. I will keep you and your hubby in my prayers.

Thank you--it is greatly appreciated.

[nigerwife 17]

Do you have a police report from the time of the armed robbery? It might help to show that you lost a laptop that had all your pictures on it. Also, did you ever e mail anyone the pictures? Someone might still have them.

It's really unfortunate that they turned him down - especially as you have children together.

We did file a report at the time of the robbery...and my husband is going to see if he can get a copy. But this is Nigeria, so who knows where it ended up. Didn't email them to anyone either.

Sorry to hear about that.

Did he make it clear to CO that he has only these two pictures, and cant arrange more pictures due to whatever you guys have situation? It is just like, whatever they require, they need it. Wish if there was any time-machine, so could go back, and get more pictures.

He did explain to the CO what happened. He said she just smirked, as if he was making it up. She was very rude and disrespectful during the whole interview.

[jenkatx 52]

Oh wow. Sorry that happened but don't give up hope. Just try to gather as much evidence and write a letter explaining what happened to the photos to take with him. Your in my prayers. I know getting a 221(g) can be hard because you had such hopes, but just know that that doesn't mean no, just almost. Hugs to you.

[NigeriaorBust 4,087]

From the been there been denied crowd, Take 3 deep breaths and hop in a circle on one foot. Now that your mind is cleared. Have him write down every detail of the day. Every word he remembers between him and embassy people and any action they did ( did the CO talk to anyone ? look into any file ? go to another room)

Did you guys share the pictures with anyone before your laptop was stolen , do you keep sent mail , is it store on anyones camera or stage media ?

Did into Nigerian marriage law yourself. What are the affects of leaving a wife you only married traditionally ? What happens if you marry a woman in court after you take a traditional wife. Did you have a marriage announcement in a US paper ?

[nigerwife 17]

From the been there been denied crowd, Take 3 deep breaths and hop in a circle on one foot. Now that your mind is cleared. Have him write down every detail of the day. Every word he remembers between him and embassy people and any action they did ( did the CO talk to anyone ? look into any file ? go to another room)

Did you guys share the pictures with anyone before your laptop was stolen , do you keep sent mail , is it store on anyones camera or stage media ?

Did into Nigerian marriage law yourself. What are the affects of leaving a wife you only married traditionally ? What happens if you marry a woman in court after you take a traditional wife. Did you have a marriage announcement in a US paper ?

I've been taking deep breaths all day! Wish I could say the same for my husband....I feel horrible for him!

The CO did talk to another person and it was a back and forth for a number of hours. She briefly scanned the other photos he brought but did not look at any of the other evidence he had (joint bank statements, insurance documents, etc.) She also looked at our son's CRBA document (which she did not return to my husband although she returned all other originals).

The pictures are gone and there is no retrieving them. We were married in 2008 and the laptop was stolen in 2009. Even if I had them, she probably would not think they were good enough. As they could be pictures from any day. We did not have a big ceremony. It was simple. We went to the Marriage Registry in Abuja with our witness and got married, then we went out to lunch. End of story. I actually returned to the US the day we got married and then returned six weeks later with my children from my first marriage and we lived in Nigeria for two years. Our point was to be married and our priority has always been our children, not some big display of a wedding. We did not do a traditional ceremony, as I am not of Nigerian decent and his family is accepting of our relationship.

We have consulted an attorney practicing law in Nigeria and he said that under the Marriage Act a legal marriage (as opposed to traditional marriage) would supercede a pre-existing traditional marriage. In addition, the "divorce decree from native court" doesn’t actually exist in Nigerian law, they don’t document traditional marriages so they don’t document traditional divorces either. However, he doesn't feel fighting the Consulate on this point would be worth it.

[1love 2]

this is hard to hear and i am not sure how you will go around the pics issue because they are picture crazy.

my suggestion would be to get a lawyer in preparation for a second interview.

goodluck

[princessO 6]

In addition, the Consular Office accused him verbally of fraud because we stated on the petition that he had never been married. In fact, there is no record in Nigeria of him ever having been married.

Just out of curiosity, if you stated on petition that he had never been married and there is no record of the 1st marriage in Nigeria, how is it that this came up in the interview?

[favored 31]

Just out of curiosity, if you stated on petition that he had never been married and there is no record of the 1st marriage in Nigeria, how is it that this came up in the interview?

im curious on this point as well... because he took an oath dat says everythin is true and yet he was married? hw did that come up only at interview.. i feel bad for experience cuz these things are stressful but did u go over ur red flags and discuss responses and docs wit ur hubby? havin a lawyer is not enuf wen gettin prepared.. i read a lady who tldu the CO rite away their red flags even b4 questions started.. not to judge, but ill see a weakness too wen u hv only 2pics from ur weddin and u hv no copies elsewhere.. and im not embassy.. the friends that u did lunch wit or were witnesses, dey dont have camera? and u didnt email/send dem pics to show dey were part of da event.. relax and think and retrace steps.. all the best.

[Kayode&Ginie 11]

I am sorry about this set back for you both!! I hope this information can help you a little. I too was married in a registry in Nigeria. During the ceremony the person marrying us explained to us the different marriages that are legal in Nigeria. She stated that in the Nigerian traditional wedding, more than 1 spouse is allowed.

[NigeriaorBust 4,087]

Traditional marriages are not allowed legally the governement only recognises court and church. Don't know why the registry would mention that more than one marriage is allowed. Many have people have traditional wedding and court ones but only with one person.

[Robert&Karen 264]

Did any of the wedding guests take pictures?