need direction

[MINT 0]

This is my situation, on aug 2006 i filed k1 papers for my finacee who is from Nigeria and i'm from the carribbean.she went for her interview at Lagos embassy on june 2007 and we were put on AP, during which they made a home investgation and met her cousin who didn't give reasonable answers to the question from the CO.she was invited back to the embassy on aug 2008 and was given the famous blue paper stating that" our relationship was a sham".we were informed that our case was been sent back to uscis for review,i called my congressman's office and they tried all they can but was told that it will be another year b/4 we will hear anything .6 months later i called uscis and few days later recieved a letter stating "SINCE THE PERIOD OF VALIDITY HAS NOW EXPIRED THE PETITION WILL NOT BE REVALIDATED.THEREFORE IN ACCORDNCE WITH 8 C.F.R.214.2(K)(5) ALL USCIS ACTION ON THIS PETITION IS CONCLUDED AS OF THE DATE OF THIS NOTICE .HOW EVER THE PETITIONER MAY CHOSE TO FILE A NEW FORM 1-129F FOR THE BENEFICAR WITH FEE"..this letter was recieved june 2009..so my question is (1) should i refile another 1-129f? (2) do i need to contact an attorney?(3)will her been deined the first time affect the 2nd filling ?(4) if we get married will that help since we have a child together who is 9 mnths old ? (5)which one is better k3 or cr1 if we chose to file as married? any help will be really apperciated..

[Lansbury 19]

You situation is too complicated for lay people on an internet forum to answer. So the only relevant question you ask here "Do I need to contact and attorney? is a most definite yes.

[Bobby+Umit 161]

1. If your not married, and meet the criteria for the I-129F, you can re-file - however, you will need to overcome the reason for the first rejection. So I would not recommend this.

2. I would, with what you posted.

3. Yes, if they still believe it's a sham, then they can come to the same conclusion with a new application.

4. Having a child together is not really considered in the deterimination if your relationship is a sham or not. Marriage, in itself, is stronger proof.

5. CR-1 is better.

[NigeriaorBust 4,087]

Yes you can file another K1 , I did and it was approved. No matter what petition you file you will have to address the first one and why they returned it. How often have you visited Nigeria since the first petition ? Do you have stamps in your passport to show extra visits ? Are you willing to travel to get married before you file ?

The k3 is not popular anymore because of the additional costs once they arrive and the wait to be able to work. If you have been there in the last 2 years you can start a K1 now , I am not sure when you could start a Cr1 , that would depend on when you travel there and get married.

[MINT 0]

i have been there about 3 times since her interview and we were never given a reason for the denial but our understanding was maybe since her cousin didnt give the CO good answers . so how can i prove that this is a true relationship .what documents do we need to support it since we gave them everything needed...thxs

[NigeriaorBust 4,087]

2007 your cousin may have given bad answers, Since then you have 3 visits and a baby. You should have lots of pictures and communication evidence. There should be many people that know about your relationship. The only reason they can deny a visa is if they discover something after the petition is approved that changes what the USCIS officer made judgment on. If you put enough up front they can't discover anything that will lead to a denial. Talk to your cousin and see exactly what they answered poorly and make sure you manage to cover that. It would be very good if you can be in Nigeria during the interview. If she has any issue with an answer she can inform them that you are waiting outside and could be brought in to clear up things. I know that helped with our second interview. They tried for a second time to pry into DOD work and he said they would have to talk to me to see what I could tell them as he can't.