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

By boldee in Africa: Sub-Saharan

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And_Sam Experienced

And_Sam   44

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Filed: Citizen (apr) Country: Egypt
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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!!!

Were there papers drawn up for the intro ceremony or the bride price? I would talk to a lawyer who specializes in immigrations. He would tell you if having a court appointed marriage would work or not. Good luck!!

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kemkem Apprentice

kemkem   0

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Filed: IR-1/CR-1 Visa Country: Nigeria
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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

Nigerian traditional marriages are formal cultural ceremonies and are not legally binding. They are not state functions. To be legally married means to go to court and get a get a marriage certificate. My understanding is that the OP hasn't performed a court wedding which is what is universally recognized as the "legally" binding marriage. Nigeria is not an exception. So for all intents and purposes from a legal standpoint the OP was free to marry when the original K-3 was filed. It might be semantics, but I believe that the OP can defend this after a valid CR-1 is filed.

My advice is to file a CR-1 immediately. A K-3 buys you nothing but more costs and more time on the backend. File for the CR-1.

Just my 2 cents.

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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If they had no religious or court wedding then they will be unable to provide the proof of really being married that is required for the CR1 visa. Nigerians have traditional marriages, which are not legal weddings. They are used in the addition of second and more wives as well as something close to common law marriages. Just as a common law relationship isn't recognized for benefits the traditional one isn't. However if the embassy did a home visit they may have learned of people attending a wedding and thus denied a K1 improperly. The problem is it may be harder to convince a CO that they are wrong then it is to go there and do a court wedding then file for a CR1

This will not be over quickly. You will not enjoy this.

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Deputy Purple Experienced

Deputy Purple   1,294

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Nigerian traditional marriages are formal cultural ceremonies and are not legally binding...

My understanding is that the OP hasn't performed a court wedding which is what is universally recognized as the "legally" binding marriage...

It might be semantics, but I believe that the OP can defend this after a valid CR-1 is filed.

My advice is to file a CR-1 immediately. A K-3 buys you nothing but more costs and more time on the backend. File for the CR-1.

If they're not legally married then they cannot file for CR-1 Visa.


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kemkem Apprentice

kemkem   0

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Filed: IR-1/CR-1 Visa Country: Nigeria
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Nigerian traditional marriages are formal cultural ceremonies and are not legally binding. They are not state functions. To be legally married means to go to court and get a get a marriage certificate. My understanding is that the OP hasn't performed a court wedding which is what is universally recognized as the "legally" binding marriage. Nigeria is not an exception. So for all intents and purposes from a legal standpoint the OP was free to marry when the original K-3 was filed. It might be semantics, but I believe that the OP can defend this after a valid CR-1 is filed.

My advice is to file a CR-1 immediately. A K-3 buys you nothing but more costs and more time on the backend. File for the CR-1.

Just my 2 cents.

I forgot to add like others have posted that to you have to perform the court ceremony before you file the CR-1. I left it out of my original response.

Cheers!

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10/2/09 - Returned DS-230 package to NVC

10/3/09 - NVC received DS-230 package-Unofficial(express mail delivery)

10/8/09 - NVC recieved DS-230 package - Official (Under Review)

10/14/09 - NVC Login Failed

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boldee Explorer

boldee   0

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Filed: IR-1/CR-1 Visa Country: Nigeria
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Were there papers drawn up for the intro ceremony or the bride price? I would talk to a lawyer who specializes in immigrations. He would tell you if having a court appointed marriage would work or not. Good luck!!

Yes .It was a church wedding.But what we heard was Embassies don't honor Church wedding certificates.

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urch Apprentice

urch   0

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Filed: K-3 Visa Country: Nigeria
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Yes .It was a church wedding.But what we heard was Embassies don't honor Church wedding certificates.

Depends on which church is issuing the certificate. You need to confirm from the registry if that church certificate is recognised by them and you should have filed it with the registry as well.

If you have not done this, i suggest you have a court wedding and just start the process again

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boldee Explorer

boldee   0

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Filed: IR-1/CR-1 Visa Country: Nigeria
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Depends on which church is issuing the certificate. You need to confirm from the registry if that church certificate is recognised by them and you should have filed it with the registry as well.

If you have not done this, i suggest you have a court wedding and just start the process again

We married in an Anglican Church,we also gave the registry a copy of our certificate as instructed by the church.So wat do u suggest I do now????

I-130 sent on 03/03/10

I-130 received 03/04/10

NOA1 sent 03/10/10

NOA1 received 03/16/10

Touched 03/17/10

Touched 06/25/10

Approved 06/30/10(Attorney received notice of approval)

NVC received 07/12/10

PCC collected 07/15/10

Bills paid by attorney 07/15/10

D230 emailed to attorney 07/16/10

D230 sent to NVC 08/02/10

Interview 11/12/10,7.00am

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POE-Washington Dulles 11/25/10

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CDAgirlMI Proficient

CDAgirlMI   51

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Filed: Citizen (pnd) Country: Canada
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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.

:crying:

Who advised this to you?????????

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8/4/2021: N-400 received

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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We married in an Anglican Church,we also gave the registry a copy of our certificate as instructed by the church.So wat do u suggest I do now????

If you gave a copy to the registry then your marriage is officially recorded. You need to go back to that registry and get an official copy of your marriage. With that you should be able to file an I130 which should be processed as an IR1 ( marriage over 2 years = 10 year green card ) However it is important that your wife send you a copy of the blue paper she was given so you know exactly what was written on it. Most important is any codes mentioned.

This will not be over quickly. You will not enjoy this.

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reeses16 Proficient

reeses16   8

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Filed: Citizen (apr) Country: Ethiopia
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Yes .It was a church wedding.But what we heard was Embassies don't honor Church wedding certificates.

You are clearly married. If you have a church wedding certificate, that means that you are married. You filled out paperwork and signed you name...if it wasn't going to be recorded, you would not have signed anything. Who told you that a church wedding was not official? Churches promote marriage as a holy union, its taken seriously. A church wouldn't perform a wedding that did not have legal and spiritual obligations and responsibilities.

It seems as though you were genuinely confused. I, and many other VJers, recommend that people NOT have any traditional wedding ceremonies or elaborate engagement ceremonies (or submit photos of elaborate engagement ceremonies) because you never know what could happen. Well meaning neighbors or relatives can give inaccurate reports to people for the Embassy. Or COs can make assumptions that are difficult to disprove. You seemed to genuinely think that you could apply for a K1 (based on really bad advice/lack or asking enough questions), but my guess is that it would be difficult to say you didn't know you were married when a certificate exists. Its best not to do anything that the USCIS could possibly question and cause more problems later on. I'm not beating up on you, I just wanted to mention this for the benefit of others reading your post.

I guess it depends on the CO. Did he or she think that you were misinformed (and you can apply for a CR1) or that your were lying and therefore misrepresented yourself (and can not receive a visa). I don't know what steps are recommended. But if I was in your situation, I would do everything I could to talk to the same CO that interviewed me and ask if I am eligible to apply for a CR1. I would E-mail, phone, request an appointment, show up and sit all day, have my USC spouse call on my behalf. It might not work, but I would be highly motivated to get some answers so I would at least know what I was facing. I would definitely consult an experience immigration attorney- you don't have to have them handle your case start to finish if you don't want, but a meeting to go over the details and outline our options would probably be money well spent.

What are you thinking your next steps will be?

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Nwanyioma Rising Star

Nwanyioma   11

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Filed: Citizen (apr) Country: Nigeria
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Posted
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!!!

Im very sorry to hear about your denial. My fiancee and I were also denied but for different reasons, but we were given a second interview January 14,2010 at 1pm. I just want you and everyone to know that these CO did thorough training on the Nigerian culture. They know more that you think they know. Paying "bride price" constitutes initiating a marriage proposal. I share your frustration. This visa journey is not easy. Im really sorry. These CO at the Lagos Consulate are looking at the slightest oppurtunity to deny one a visa (just my opinion). I agree with the advice of others to file either the k3 or cr1 visa. My fear is that you dont pay the consequences for misrepresentation in the long run. All the best.

Nwanyioma

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