Help! Help!! Help!!! K-1 Visa Denied

[boldee 0]

Hi Everyone,

I did my interview today at the Lagos Consulate and I was denied,the reason:

"You are already legally married to the petitioner,therefore you are not entitled to a visa intended for a fiance"

My story goes thus,I truly got married to my fiancee in December,2007 and our son arrived almost a year later.we decided to file for a K-1 visa because we were advised that it's faster even though we were actually married.Somehow the CO suspected we are legally married(don't know how he knew)and he refused my visa petition.Pls VJers advise us on what to do.Do we start a fresh K-3 petition.If yes,should it be right away?OR what????

I will really appreciate your contribution,I'm really confused.

[sara..... 371]

first of all you can NOT file for k-1 if ur married!

you have to reapply for a marraige visa.......k-1 is for people that intend to marry in the usa......

sara

[NigeriaorBust 4,087]

At this point you are going to have to file all over again. You should do for the CR1/IR1. The K4 will cost more and is not really any quicker than the Cr1/IR1 . If you told embassy that you were single and presented any documents to prove that you may have issues with misrepresentation for any future visas

[prepobo 0]

Hi Everyone,

I did my interview today at the Lagos Consulate and I was denied,the reason:

"You are already legally married to the petitioner,therefore you are not entitled to a visa intended for a fiance"

My story goes thus,I truly got married to my fiancee in December,2007 and our son arrived almost a year later.we decided to file for a K-1 visa because we were advised that it's faster even though we were actually married.Somehow the CO suspected we are legally married(don't know how he knew)and he refused my visa petition.Pls VJers advise us on what to do.Do we start a fresh K-3 petition.If yes,should it be right away?OR what????

I will really appreciate your contribution,I'm really confused.

You have to file for marriage visa. I'm not sure how they call it but i believe its CR-1. I think you can file it right away with no problem. Sorry that u wasted all this time for the wrong visa petition.

[Twisted K 2]

misrepresentation is an extremely big no-no, and may have dire consequences. since you are married, i do not understand why a cr1 was not filed in the first place. but that is water under the bridge. i believe your only option is to file a cr1 or k3. but as stated earlier, k3 is more costly, and not a bigger benefit. be prepared to face any of the consequences for the misrepresentation. it could be a big uphill battle in the future. you might want to discuss with your wife the possibility of you all living in nigeria as a family. good luck to u

[boldee 0]

Thanks everyone for the quick response,really appreciate it.let me quicky point out that the CO does not have any evidence that I've been married,he just saw introduction pics and assumed that I'married.Do u still think there cud be problems in the future?

[sara..... 371]

Thanks everyone for the quick response,really appreciate it.let me quicky point out that the CO does not have any evidence that I've been married,he just saw introduction pics and assumed that I'married.Do u still think there cud be problems in the future?

im sorry but if ur married ur married........k-1 does not apply to u.

sara

[Darnell 8,478]

Have the USC file an I-130. Good Luck !

[sara..... 371]

the other thing is we can not give u advise as to how to get past this so that u can try to prove u were not married it could be misrepresentation for the wrong visa

you need to own up to the err in judgment on ur part for applying for the wrong visa.......and try for marraige visa and understand that you will have a lot of explaining to do about lying to the embassy about ur marraige.....

this is just my opinion

sara

Edited January 7, 2010 by estadia

[reeses16 8]

Married is Married. If you were married in 2007 you should not have applied for a K1. Make sure you look closely at ALL the reasons listed on your denial slip. Applying for a K1 when you are married could mean you lied to the CO which is something that can ban you from getting a visa. (I said "could" because I don't know all the details- maybe they said you were married and you said, "no, we had a ceremony but didn't file the paperwork" Or maybe you said "no, we were never married". It could make a difference).

They might have discovered your wedding by talking with people in your neighborhood. Sometimes there are home interviews, and I've read that in Nigeria it is common to ask other family members or neighbors about the relationship. If your neighbors and family attended your "unofficial" wedding (which I'm sure they did, if they didn't you could have just waited to marry in the US), I'm sure they would say, "yes, they are married."

Anyway, whats done is done. Make sure you look carefully at the denial slip and explore your options from there.

Edited January 7, 2010 by reeses16

[boldee 0]

Married is Married. If you were married in 2007 you should not have applied for a K1. Make sure you look closely at ALL the reasons listed on your denial slip. Applying for a K1 when you are married could mean you lied to the CO which is something that can ban you from getting a visa. (I said "could" because I don't know all the details- maybe they said you were married and you said, "no, we had a ceremony but didn't file the paperwork" Or maybe you said "no, we were never married". It could make a difference).

They might have discovered your wedding by talking with people in your neighborhood. Sometimes there are home interviews, and I've read that in Nigeria it is common to ask other family members or neighbors about the relationship. If your neighbors and family attended your "unofficial" wedding (which I'm sure they did, if they didn't you could have just waited to marry in the US), I'm sure they would say, "yes, they are married."

Anyway, whats done is done. Make sure you look carefully at the denial slip and explore your options from there.

Thanks reeses16,the CO actually said bcos of the elaborate intro ceremony and me agreeing to pay bride price it means I'm married.I tried to argue wit him that it's just an formal introduction of the two families but he said I'm legally married.What I dont knw now is should I cum out to say I'm married or I should just do a court wedding?pls help I'm so confused n so scared!!!

[NigeriaorBust 4,087]

If you both submitted the letter of intent you stated that you were free to marry and intended to do so ( assuming you used the standard statement ) If you now go back and say that you were married at that same time , one of those statements is a lie. You also filled out biographic data where you failed to mention that you were married. Your 129F you checked off a status other than married. So there are numerous places that they could call you on misrepresentation if they wish. You will have to be aware of this as you file the CR1 , you also will have to address the failed K1 in the new petition. You may actually want to talk to an attorney about the best way to handle this

[boldee 0]

If you both submitted the letter of intent you stated that you were free to marry and intended to do so ( assuming you used the standard statement ) If you now go back and say that you were married at that same time , one of those statements is a lie. You also filled out biographic data where you failed to mention that you were married. Your 129F you checked off a status other than married. So there are numerous places that they could call you on misrepresentation if they wish. You will have to be aware of this as you file the CR1 , you also will have to address the failed K1 in the new petition. You may actually want to talk to an attorney about the best way to handle this

thanks NigeriaorBust,u r very right.the only option left is just to do a court wedding and file a k-3 or ir-1/cr-1.But the letter that the CO gave says 'you are ALREADY LEGALLY married to the petitioner,therefore you are not entitled to a visa intended for a fiance'.what i'm not sure is if they already found out or it's just a way of saying u have filed the wrong petition.what do u think?

[Twisted K 2]

please realize that the consulate/embassy has ways of finding out stuff you would have thought was hidden to the world. their job is to do investigation. and the majority of the time, they take the steps of you are guilty until proven innocent.

[Deputy Purple 1,294]

thanks NigeriaorBust,u r very right.the only option left is just to do a court wedding and file a k-3 or ir-1/cr-1.But the letter that the CO gave says 'you are ALREADY LEGALLY married to the petitioner,therefore you are not entitled to a visa intended for a fiance'.what i'm not sure is if they already found out or it's just a way of saying u have filed the wrong petition.what do u think?

You are all over the place on this one. Are you legally married or not?

If you are legally married then you don't need to get married again.

If you are not legally married then you need to appeal the K-1 Denial.

BTW, the definition of "Legally Married" is relevant to where this ceremony in Dec of 2007 happened. If that ceremony & living as man & wife meets to local definition of legally married then you are regardless of what US marriage requirements are.