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

[urch 0]

my thoughts to you: Apply again thru cr1 or k3 (both are for married couples).

The lesson learnt here - there are no short cuts. I understand the desire to see your loved one but it ALWAYS pay in the long run to do the right thing from the beginning though it may delay alittle.

All the best!

Edited January 8, 2010 by urch

[kayj 0]

FYI, NIgerian Traditional marriages (introduction and engagement ceremonies, or whatever u want to call it) are considered legally binding under Nigerian's Customary law and the US embassies recognize and accept this practice.

[NigeriaorBust 4,087]

A traditional marriage doesn't provide you with the acceptable paperwork to give to the embassy. It is kind of a catch 22 you are married but you have nothing to use for immigration. I don't know of anyone that has gotten a visa based on a traditional marriage without a religious/court one.Engagement ceremonies never are enough for immigration purposes. Many times the embassy misunderstands them and would deny a k1 even though they shouldn't. It happens in a lot of countries that have such practices.

[kayj 0]

A traditional marriage doesn't provide you with the acceptable paperwork to give to the embassy. It is kind of a catch 22 you are married but you have nothing to use for immigration. I don't know of anyone that has gotten a visa based on a traditional marriage without a religious/court one.Engagement ceremonies never are enough for immigration purposes. Many times the embassy misunderstands them and would deny a k1 even though they shouldn't. It happens in a lot of countries that have such practices.

Coming from my own personal expereince, I know this because my fiance was denied cuz we had a traidtional ceremony. Believe me, i argued this all the way to the US ambassador to Nigeria. even my senators and congress man wieghed in on this and the embassy gave them the same reason that we werent eleigible for a k-1 visa bcuz we were "traditionally married" (in those exact words)

All you need to do iis go to a high court within ur area/province and get an affidavit stating that you want to that ceremony to be legally biniding

Please lets not mislead people if we are not certain of these legal issues

[What Happened? 4]

A marriage in the Anglican church which was registered is a legally binding marriage. You were married, and therefore did not qualify for a K1 at all. Maybe the information received about your ability to apply for a K visas was misunderstood. You could have applied for a K3 but not a K1.

You will need to submit a new petition for either a K3 or a CR-1. Please read up on the Pros and Cons of both of these visas and choose the one that best meets your needs.

Both are for married people.

Sorry that time was wasted in the wrong category and best of luck next time around.

[goldenheart 0]

This is a tricky situation....get an attorney before you proceed. Anytime you lie to CO you are banned for life! Please be advised, even if you receive the CR1 visa you will be subjected to interrogation at the POE and maybe denied entry. I know from personal experience that you should seek legal advice for this type of case and only use the social network for inquiry purposes only.

A marriage in the Anglican church which was registered is a legally binding marriage. You were married, and therefore did not qualify for a K1 at all. Maybe the information received about your ability to apply for a K visas was misunderstood. You could have applied for a K3 but not a K1.

You will need to submit a new petition for either a K3 or a CR-1. Please read up on the Pros and Cons of both of these visas and choose the one that best meets your needs.

Both are for married people.

Sorry that time was wasted in the wrong category and best of luck next time around.

[idocare 3]

Even tho you lied on your K-1 petition, it's not the end of the world for you and him. You can always go there and live with him and sacrafice for him all the things that he was gonna leave behind when coming into America.

If being with your husband is most important, then go to him with a quickness, heck maybe you can even apply for his visa while your living there with him.

I hope this helps.

[boldee 0]

Coming from my own personal expereince, I know this because my fiance was denied cuz we had a traidtional ceremony. Believe me, i argued this all the way to the US ambassador to Nigeria. even my senators and congress man wieghed in on this and the embassy gave them the same reason that we werent eleigible for a k-1 visa bcuz we were "traditionally married" (in those exact words)

All you need to do iis go to a high court within ur area/province and get an affidavit stating that you want to that ceremony to be legally biniding

Kayi,from ur post I think I av d same situation as yours.I'm thinking of doing exactly that.I pray it works.

Can I av ur email pls.Thanks

Please lets not mislead people if we are not certain of these legal issues

[boldee 0]

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?

Thanks so much.I understand clearly all u av said and I do regret my action.The CO says because we did a formal introduction ceremony it means we are actually legally married in Nigerian custom law therefore I'm not entitled to a visa intended for a fiance.Well,we've decided to go for the K-3/Cr1,my wife is gonna see a lwayer today.We can't give up.

[Minya's wife 24]

This is a tricky situation....get an attorney before you proceed. Anytime you lie to CO you are banned for life! Please be advised, even if you receive the CR1 visa you will be subjected to interrogation at the POE and maybe denied entry. I know from personal experience that you should seek legal advice for this type of case and only use the social network for inquiry purposes only.

What you were previously advised was wrong, you cannot file a fiance(e) visa petition if you are already married, PERIOD. By your own admission you were married, regardless of the semantics (not legal church ceremony, not registered vs. registered), so no longer eligible for a fiance(e) visa. By going in to that interview and affirming that you were free to marry, you in effect lied and misrepresented yourself.

The charge of misrepresentation is quite serious and carries with it a possible lifetime ban from ever being approved and being issued a visa to the US. You need to investigate if there is such a charge leveled against you and you need to have an attorney properly explain your options.

What else did the consulate state when they denied the visa. Were you given any letter? You definitely need to consult a qualified immigration attorney before you proceed with filing anything further.