Another Denied from Nigeria K1

[NatPatBen 3]

OP, you seem to have a good attitude about the situation, and a plan moving forward. Hope things work out for you.

[What Happened? 4]

Hello VJer's

It is with great disappointment that our case was Denied. Reason of question was age diffence of 6yrs and use of SO name on a document. Name was never legally changed but was used. It was stated that I had no right to use a name not being his wife.

This is only a Delay I will be going to live in Nigeria, marry and stay until the approval is complete. Don’t know what will be the better choice of filing K3 or CR1. However what I do know is that I will not allow self opinions to stop our being together. I Love Francis with my whole heart and will continue my journey of becoming his wife. It has been 3yrs for us in this relationship and it has been very trying awaiting the results of others to determine our future.

I would like to think all that have been of support to Frank and I during this journey, I pray for each you much success.

"For Man may say No, however my God has the final say."

Sorry to hear this.

I believe you will have more success once you are married and living as man and wife and then apply for a CR1.

My husband is Nigerian but living in Italy and I pray every day that our case is not sent to Nigeria for what ever possible reason. That Lagos embassy is something else.

I love that you have a positive attitude and wish you the very best.

[Sylvia_n_Joseph 3]

It is a heart break when you go throug this. I know , I have walked in these shoes. Lagos is the most corrupt diplomatic mission in the world. The deny for whatever reason they concoct and sell visas to for a cut of what the scammers haul in. Hopefully when the day of reckoning happens they will sit outside an eternitiy for every true couple they have denied and pass though the flames for each visa they have sold.

[reeses16 8]

OP, it seems like you may be focusing on the wrong part of the denial. The bigger problem is that you misrepresented, or rather your SO misrepresented himself. Because you used his last name it appears that you two are married, yet you applied for a fiance. There people here that have age differences much greater than 6 years and have been approved.

Have your SO fax, or e-mail the denial to you, so that you can read the reason for denial yourself. I suspected its more detailed than you explained. If it is just age, you have a very short window (a matter of days) to act and have your case reviewed before its sent from Lagos back to the US. Definitely much easier than packing up and moving to Lagos and starting the process again. If the denial is for misrepresentation as I suspect, then its a different ball game. He could face a ban from the US.

Edited May 8, 2009 by reeses16

[Nlove 0]

I'm so very sorry to hear the news. We are all in this together, going through a very difficult separation and legal process. We all want to be with the one we love and desire to spend the rest of our lives with. You seem like a very strong woman in God, and I know that if you continue to keep God first, you and your husband to be will overcome this.

Again, I am hurting with you over this news. The waiting is excruciating and we've invested a lot in this process. I am praying for you and my heart is with you at this time.

I have to agree, I am hurting with her. It's very sad how the government has a way of interfering with love. Yes it wasn't best for her to use his last name, but all those years of waiting.....

[Sylvia_n_Joseph 3]

I have seen many women in this forum use their furutre spouses in postings. I would guess the are missing him and trying to easy the gap. There is really no rule against using another name here unless it is to defraud another. How many of you go by Cindy or Bill when that is NOT what is written on your birth certificate. And depending of how the engagement unfolded it could have been culturally ok to use his name. Did he paybride price and did she use the last name after he bought her ?

[Enlighten one :) 5]

I married my SO and did not legally change my name to avoid complications during the process. I just used my legal name.

are you saying you used your FIANCE'S last name? because if you did then they do have a valid reason to deny you because it's misrepresentation.

usually, you are only allowed to use your SO's name is when you are married and you have that name legally changed. you can't just use any name you want at any given time.....

Edited May 8, 2009 by MrsJibowu

[MrsRowe 2]

I am sorry that you are going through this. I know that it must be hard. It's goign to be okay, just refile, don't give up, fight.

As for the name thing, before my husband and i even got married, whenever he wrote me letters, he used his last name and there were plenty of cards sent to him from Mrs.Rowe or cards sent to his Mom from both of us as Mr and Mrs Rowe. I don't see what the big deal is unless the it was a legal document.

Good luck, i will pray for you.

[2gathawestand 0]

Thanks for the replies:

This is just a time of rain in our life but, We trust and know that God will bring the sunshine.

YES, his last name appeared on one of my documents from my Job, however all documents that were submitted are with my birth name. All taxes for the past three years are in the birth name. I went through an attorney to submit my K1 and was informed that since it was not legally changed it would not be an issue. It was approved at USCIS and at the NVC level why is it questionable at the embassey level? If looking for bonified relationship what better way then this

Edited May 8, 2009 by 2gathawestand

[reeses16 8]

Correct, using his name on a document from your employer is a big problem. Yes, you got your approval NOA2 because you proved that you were free to marry, and met in the last 2 years. The consulate interview looks at the bonafide ongoing relationship. USCIS/NVC are looking for different things than CO at the embassy. You provided your fiance with a letter where you used his last name on your employment documentation. That's why the denial came up at the embassy level and not before. Changing your last name to his indicates (but does not prove!) a bonafide relationship- marriage.

In the example that Mrs. Rowe gave; yes it endearing sometimes to use each others name when talking to your SO or in letters & cards, but you should NEVER submitt these things to USCIS or at the embassy during the interview. They simply raise questions. It looks like maybe you got married in the middle of the process and instead of canceling the K1 and filing a spousal visa, you're just hoping to get by and hope no one notices.

I don't think that's what you did. But that is what it appears to someone who is objectively looking at the situation. I wish you all the best in the rest of your journey. I am sure you and your SO will be happy wherever you live.

[bantam 0]

Perhaps they are not looking at the bona-fides of your marriage but misrepresentation as everyone else is stating. That could come with a lengthy ban.

[Zee Bee 61]

I have seen many women in this forum use their furutre spouses in postings. I would guess the are missing him and trying to easy the gap. There is really no rule against using another name here unless it is to defraud another. How many of you go by Cindy or Bill when that is NOT what is written on your birth certificate. And depending of how the engagement unfolded it could have been culturally ok to use his name. Did he paybride price and did she use the last name after he bought her ?

I agree with what you are saying but we need to look at the facts and take the emotions and cultural entties out of it.

This is how the CO is going to look at it. If she uses her SO's last name as her own it indicates that they are married. Whether she has legally changed it or not, the CO is not going to know. The fact that she used his last name places that doubt, and that is all the CO needs to deny the visa.

There are many of us on here who refer to our SO's as husband/wife even though we are not yet married, but we feel as if we are. Just don't refer to one another in this way at the interview, POE or in any proof you provide at the interview. I had to sift through the e-mails that we had so that we did not make this mistake at the interview. Even though it was culturally OK for us to use these terms, there is no way we were taking a chance at the interview.

Also, people are told not to submit pictures that may look like a marriage ceremony for the exact same reason. Any inkling of a marriage is all the CO needs to deny the K1.

I know that this consulate has been unfair to you and to others, but in this case, if I were the CO, I would have done the same. After all, it is up to the petitioner and the beneficiary to prove that they are eligible for the visa.

This is Nigeria we are talking about...one of the toughest consulates to get through even with flawless evidence. They are looking for ANY excuse to deny visas and, unfortunately, in this case they did not have to look too far. People need to do their homework and go over every detail with a fine toothed comb.

Also, to what reeses said.

[Chica Yeyé 41]

Excellent post and advise from ZeeBee as usual. Using someone else's last name means something, specially in immigration proceedings. This is serious business.

Indeed, doing your homework is a must; specially when dealing with high fraud consulates. Or don't do your homework and get denied; hence putting your whole life in jeopardy.

[Nlove 0]

I did the same thing. I didn't want any issues to arise regarding name changes. So I'll be changing my name once he gets here. After all your birth certificate, passport, and marriage certificate has your legal name. I recommend everyone do that as well.

I married my SO and did not legally change my name to avoid complications during the process. I just used my legal name.

are you saying you used your FIANCE'S last name? because if you did then they do have a valid reason to deny you because it's misrepresentation.

usually, you are only allowed to use your SO's name is when you are married and you have that name legally changed. you can't just use any name you want at any given time.....

[Hell0W0rld 10]

I did the same thing. I didn't want any issues to arise regarding name changes. So I'll be changing my name once he gets here. After all your birth certificate, passport, and marriage certificate has your legal name. I recommend everyone do that as well.

I married my SO and did not legally change my name to avoid complications during the process. I just used my legal name.

are you saying you used your FIANCE'S last name? because if you did then they do have a valid reason to deny you because it's misrepresentation.

usually, you are only allowed to use your SO's name is when you are married and you have that name legally changed. you can't just use any name you want at any given time.....

it does not need to be recommended, it's common sense....